Legislature attacks Pebble on two fronts

Seven Alaska legislators are endorsing two new bills on the protection of salmon and wildlife that would effectively block the development of the proposed Pebble mine. Rep. Bryce Edgmon, D-Dillingham, who ousted incumbent Carl Moses on a coin flip last year, has introduced House Bill 134, and Senate Majority Leader Gary Stevens, R-Kodiak, has introduced Senate Bill 67. The co-sponsors of Edgmon's bill are Jay Ramras, Nancy Dahlstrom, Les Gara and Beth Kerttula; the co-sponsor of Stevens' bill is Johnny Ellis.

The Senate bill is titled, "An Act establishing the Jay Hammond State Game Refuge." It designates all state-owned surface and sub-surface land and water within the boundaries of the Kvichak and Nushagak-Mulchatna River drainages, excluding Wood-Tikchik State Park, as the Jay Hammond State Game Refuge "for the protection of salmon, trout, caribou, brown bear, and other fish and wildlife species and their habitat and for the use and enjoyment of the people of the state."

Jay Hammond was a popular former Alaska governor who died in 2005. He lived in the Bristol Bay area and expressed concerns about the possible development of Pebble. His wife, Bella, visited the Legislature recently to offer her support for SB 67. The refuge would encompass over 7.7 million acres of land.

SB 67 would 'add a layer of protection'

The Senate bill would prohibit "the storage and disposal of industrial waste and the discharge of water that does not meet water quality standards for the growth and propagation of fish" within the boundaries of the Jay Hammond State Game Refuge. "While SB 67 establishes certain criteria for resource use and development within the Jay Hammond State Game Refuge, it is not intended to stifle resource development in this area, but to add a layer of protection to a fragile ecosystem, and to make sure any such development proceeds carefully," Sen. Stevens said in his sponsor statement.

"I am a supporter of Jay Hammond and have the deepest respect for him and his wife, Bella. I feel a refuge named in his honor is certainly fitting," Gov. Sarah Palin told Mining News through her spokeswoman. "However, with the talk of politics behind the proposal of a refuge, we need to look at the areas impacted and make sure needs are met for responsible development while ensuring proper recognition for the late governor," she added.

House bill would protect drainages

The House bill is titled, "An Act relating to conservation and protection of wild salmon production in drainages affecting the Bristol Bay Fisheries Reserve." It states that within the watersheds of the Nushagak, Kvichak, Naknek, Egegik and Ugashik Rivers, a person may not "withdraw, obstruct, divert, inject, pollute, or pump, either temporarily or permanently, any subsurface or surface water in drainages supporting salmon or any water hydrologically interrelated or connected to these drainages; or alter, destroy, displace, relocate, channel, dam, convert to dry land, or otherwise adversely affect any portion of a river, stream, lake, bog, tributary, or any other water body, including the beds of water bodies, in drainages supporting salmon."

The bill makes exceptions for uses previously authorized and permitted, as well as drinking water and domestic uses, ordinary existing and future municipal uses, and traditional, cultural or residential uses.

"We believe that salmon are so vitally important to our region that they deserve the highest level of protection possible. Our salmon are world class in value and reputation," Edgmon told Mining News. He expects that the bill will get "tremendous discussion" and acknowledges that it is "sweeping in its impact." Edgmon said the bill is just a framework for debate and that he is amenable to changes.

"I'm pro-development by nature and I fully intend to be a strong supporter of the mining industry," Edgmon said. Mining can be done responsibly and "provides vital economic benefits and jobs to Alaskans," he added. Edgmon has even encouraged people in the Bristol Bay area to seek employment with the Pebble project during the exploration phase, he said. He has found that some people are conflicted about working there because they are worried about what might happen if a mine is developed. The cost could be "permanent and irreparable," Edgmon said.

Northern Dynasty sees bills as threat

Although Stevens and Edgmon both argue that resource development could still take place if their bills pass, Vancouver-based Northern Dynasty disagrees. "Both bills would foreclose any opportunity for mineral development. ... It's absolutely clear, notwithstanding the protestations of the authors," the company's vice president of public affairs, Sean Magee, told Mining News. The bills would also block oil and gas development and some forms of fish processing, he added.

Northern Dynasty wasn't surprised that the bills were introduced, because a high-profile campaign is being waged against Pebble, but the company was surprised at how far-reaching the bills are, Magee said. "In their zest to kill this project they are willing to lock up so much area - the implications of these are enormous," he added. The bills may not be consistent with the Alaska constitution, which provides for the development of natural resources for the benefit of all Alaskans, Magee pointed out.

"I'm optimistic that the Legislature will see the light ... but we don't take anything for granted," Magee said. "Our view is that this is not good public policy for Alaska." Northern Dynasty is encouraging people to testify to the Legislature that Pebble should be allowed to go through the state's permitting process without further obstacles being placed in its way.

Truth About Pebble, the newly formed organization that is supporting the project, has already made its views about the bill known. "I think it's time Alaskans woke up and asked themselves just what we're doing to our resource base," said Truth About Pebble co-chair Gail Phillips. "Why should we set aside millions of acres of state land that's been designated under our constitution for resource development to stop a project that hasn't even been proposed yet? What is going on in the state of Alaska?"