Seth and Parker Berling, of San Francisco and San Diego, California, respectively, recently left Prudhoe Bay, Alaska, on a 17,000-mile bike ride to Tierra Del Fuego, Argentina. The mega-pedal across two hemispheres, two continents and 15 nations is expected to take 18 to 24 months. Along the way the Berlings hope to draw attention to the threat the proposed Pebble mine project poses to the sockeye salmon fishery at Bristol Bay. Pebble would be one of the world’s largest open-pit mines and would sit in the heart of the pristine Bristol Bay watershed. Describing themselves as the “Pebble Pedalers,” the Berling’s say they first became aware of the threat when seeing a trailer of the documentary “Red Gold” which tells the story of Bristol Bay and the vital nature of the salmon fishery, one of the world’s last remaining wild salmon runs. The bike ride is also a fund-raiser for Trout Unlimited, which has been working to protect Bristol Bay. For more on the trek and to follow the Berling’s on their journey, visit the Pebble Pedalers web home.

As the 1st Session of the 26th Alaska Legislature drew to a close in April, the House Special Committee on Fisheries introduced House Bill 242, a measure that would increase protections for fish and wildlife against damage caused by large-scale mining within the Bristol Bay Fisheries Reserve. The bill will be heard and debated in the 2nd Session beginning in January 2010.

HB 242 recognizes Bristol Bay’s “truly unique” significance to Alaska, noting that a third of the income from commercial fishing in the state is generated in its “unpolluted waters,” and that the area is benefiting from a growing sport fishing industry as well. The bill acknowledges that the bay’s wild salmon have “sustained the subsistence and cultural integrity of Alaska Natives for thousands of years.”

Alaska lawmakers designated the Bristol Bay Fisheries Reserve in 1972, determining that the area needed heightened protections. HB 242 seeks additional protections for what the bill calls the reserve’s “extraordinary and unique resources.”

HB 242 would amend state statutes and add certain limitations on large-scale mining in the headwaters. Among other things, it would require the Director of the Division of Lands (appointed by the commissioner of the Alaska Department of Natural Resources) to ensure certain requirements were met before he would approve or issue any authorization, license or permit, or approve a plan of operations. Requirements would include:

• A completed baseline study. (This may have particular significance because state and federal agencies have not agreed to the Pebble Limited Partnership’s definition of “baseline.” See ADNR Division of Mining, Land & Water: FISH Technical Working Group Minutes, November 2008)
• Finding, based on best available science and clear and convincing evidence, that protection standards set out in the bill are met; that that waste treatment would not be necessary after the mine closed; that mining would not directly, indirectly or cumulatively have an adverse effect on the reserve’s fish, wildlife, or commercial, subsistence or sport fishing activities, or on guiding and tourism; that land and water resources would not be degraded, and that mined land would be reclaimed.

Such findings must be published at least 180 days prior to authorization, permitting or plan approval.

The baseline study required by the bill must include 5 years of recent data on hydrology, water chemistry, geochemistry, genetic and stock distinctions for fish and wildlife, fish and wildlife habitat, water flows, seismic studies, socioeconomic use and a detailed risk assessment of likely economic damage.

Standards must not only prevent adverse effects to ground and surface water, but ensure aquatic life standards are met “in perpetuity.”

The new law would not apply to mines in operation prior to its passage. Thus it would not impact existing mining operations anywhere in Alaska, nor would it impact new mines with no potential for impact on the Bristol Bay Fisheries Reserve.

Members of the House Special Committee on Fisheries include:

Rep. Craig Johnson, R, Anchorage
Rep. Wes Keller, R, Wasilla
Rep. Charisse Millet, R, Anchorage
Rep. Cathy Engstrom Munoz, R, Juneau
Rep. Bob Buch, D, Anchorage
Rep. Scott Kawasaki, D, Fairbanks