Bristol Bay Interests Are Asking EPA to Use its Clean Water Act Authority

Alaska's Bristol Bay watershed is a complex system of rivers, lakes, streams and wetlands that support the most productive wild sockeye salmon fishery in the world. To protect the salmon, Alaska tribes, native corporations and commercial fishermen and others have 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 pristine waters, including wetlands.

What is Section 404c of the Clean Water Act?

Section 404(c) authorizes EPA, after public hearings, to “prohibit, restrict, or deny the discharge of dredged or fill material at defined sites in waters of the United States (including wetlands) whenever it determines that use of such sites for disposal would have an unacceptable adverse impact on one or more of various resources, including fisheries, wildlife, municipal water supplies, or recreational areas.”

Why is it needed?

The proposed Pebble Mine will generate up to 10 billion tons of toxic mine waste that will have to be treated for hundreds of years. Mine waste disposal in the Bristol Bay watershed is a direct threat to the tremendous wild salmon habitat that supports the Bristol Bay fishery, and supplies the world with a healthy and sustainable source of wild salmon. The salmon fishery is the economic engine of the region, generating an estimated $450 million in revenue each year, and supplying some 10,000 jobs.

What is the timeline?

In February 2011, the EPA announced it has initiated a watershed assessment to evaluate the suitability of large-scale mining in Bristol Bay. The results of this study will form the basis of an EPA decision on whether to initiate the 404c process.

"The Bristol Bay watershed is essential to the health, environment and economy of Alaska."
-- EPA Regional Administrator Dennis McLerran.

Who has asked the EPA to initiate the 404c process?

• Bristol Bay Tribes, 
• Bristol Bay Native Corporation (a multi-billion dollar developer and the largest land-owner in the Bristol Bay region representing almost 8,700 native shareholders)
• Bristol Bay Native Association (a non-profit corporation and tribal consortium serving the 31 federally recognized tribes in the Bristol Bay region)
• Commercial fishing interests represented by Alaska Independent Fishermen’s Marketing Association and Bristol Bay Regional Seafood Development Association.
• Churches
• Sportfishing and hunting organizations
• Chefs
• Alaska Tourism Organizations