We are working together to protect this world-class renewable resource.  

The Bristol Bay watershed is important for many reasons. Sport hunters and anglers, Alaska Native tribes, Alaska Native corporations and commercial fishermen, chefs and thousands of others are working to put protections in place for these renewable resources. 

There are two key avenues that can help protect Bristol Bay from the Pebble Mine proposal. 

THE CLEAN WATER ACT

In 2010, Alaska Native tribes, commercial and sport fishing groups petitioned the Environmental Protection Agency (EPA) to use its authority under the Clean Water Act to restrict or prohibit the disposal of mine waste in Bristol Bay's waters and wetlands. Section 404(c) authorizes EPA, after public hearings and a science review process, to protect rivers and wetlands that are important for fish spawning and wildlife habitat. In 2011, the EPA conducted an extensive scientific assessment and found that mining the Pebble deposit would indeed harm the fisheries. In 2014, the EPA decided to initiate a 404(c) action that would restrict mine waste from being disposed of in certain waters in Bristol Bay. Despite over 1.6 million comments of support for these Clean Water Act protections, including over 20,000 Alaskans, final action that would protect Bristol Bay from Pebble is delayed due to lawsuits filed by the Pebble Partnership that have yet to be resolved.  

In February 2011, the EPA announced that it would initiate a watershed assessment to evaluate the suitability of large-scale mining in Bristol Bay. The results of this study formed the basis of an EPA decision, released February 28, 2014, to initiate the 404c process.

On July 18, 2014 the proposed determination was released, which limits the scope of mining in the Bristol Bay region in order to still have healthy salmon habitat. The announcement launched a 60-day public comment period, in which over 670,000 Americans contacted the EPA to tell them to finalize this process and protect Bristol Bay. Over 99% of the comments received by the EPA were in favor of strong protections for the watershed. The EPA began reviewing the public comments and originally stated that a 'Recommended Determination' would be released no later than February 4, 2015, however this step is held up by lawsuits brought by the Pebble Limited Partnership that have yet to be resolved. Click here to view a description of the EPA's 404(c) process. 

Fast forward to 2019. The EPA announced that they would begin to withdraw the 2014 Proposed Determination. In October, tribal organizations, Trout Unlimited, and conservation groups announced that they would be suing the EPA over this politically motivated and scientifically lacking decision. The 9th Circuit Court of Appeals sided with Trout Unlimited and ruled that the case against EPA to reinstate proposed Clean Water Act protections can proceed. The EPA announces that it would move to vacate its 2019 decision to withdraw proposed protections for Bristol Bay and reinstate the agency’s earlier 2014 Proposed Determination.

In May 2022, the EPA released a revised Proposed Determination, and opened another public comment period in which half a million people (and a record number of local residents and Alaskans) submitted comments in support of protections for Bristol Bay. On December 1st, the EPA issued a Recommended Determination for Bristol Bay, and sent its recommended protections to the desk of the EPA Administrator in Washington, D.C. On January 31st, 2023, the EPA announced its Final Determination for Bristol Bay, officially prohibiting and restricting mine waste discharge in the Pebble deposit area. Read more about the history of Clean Water Act safeguards for Bristol Bay here.

congressional legislation

While Clean Water Act 404(c) level protections can assist in getting Bristol Bay a hedge of protection against the 2020 Pebble mine plan, legislation is needed to ensure that the region Trout Unlimited is part of a growing coalition that recognizes federal legislation is the most durable and longest-lasting way to protect Bristol Bay’s incredible fish, wildlife and water resources. By creating a newly designated area where large mine waste and pollution is prohibited from entering rivers, streams and wetlands, Congress could provide permanent federal protection for the Bristol Bay watershed. Alaska’s Senator Lisa Murkowski has expressed strong interest in finding permanent protections for the Bristol Bay fishery. We look forward to continuing to pursue a legislative solution to safeguard the Bristol Bay region in 2023.

Improve Management Guidelines

In addition to working to protect Bristol Bay salmon through the Clean Water Act we are working with a diverse coalition to ensure fish come to first on state land in Bristol Bay. Read about the Bristol Bay Area Plan.

ITS TIME TO ADD YOUR VOICE TO THE LIST

Despite the achievements we’ve made to stop the proposed Pebble mine, our work isn’t done as we ensure Bristol Bay has permanent protections. Please let your elected leaders know that you support comprehensive and prompt protections for Bristol Bay. 

Header image by Fly Out media