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Gov. Walter Eli Clark: A last and a first governor in Alaska

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An aspiring journalist from Connecticut, Walter Eli Clark became the 7th governor of the District of Alaska on May 20, 1909.

He served in the role of Alaska’s last district governor until 1912, when Alaska became a territory. Then, he was the first governor of the territory until he left office in May of 1913.

Born just four years after the Civil War ended, he was a Republican during a time when Americans associated the party with the freeing of the slaves and the cause of the Union against the seceding South.

Clark was born in Ashford, Conn. to a farming family. Ashford was known then as the hometown of the first Union general to die in the Civil War, and Clark would have been schooled in the history of that war, as well as the Revolutionary War, which was also prominent in the community’s memory. George Washington had come through there, and likely spent the night.

Clark attended the Connecticut State Normal School,  and became a school teacher as a teenager, as was common in those days. By age 19, he was the principle of the Manchester, Conn., elementary schools.

He continued his education at Williston Seminary and Wesleyan University, and earned bachelor’s degree in philosophy. Then, he took up a career in journalism, reporting for the Hartford Post in Hartford, Conn., the Washington Times, in Washington, D.C., the Toronto Globe and the Seattle Post-Intelligencer. During a pause between jobs, he traveled to Alaska as a prospector, and although he found no gold, President William Howard Taft thought he was enough of an expert to be appointed the governor of the District.

Clark, the New York Times wrote on May 19, 1909, was a man “unusually well-informed on Alaskan affairs.”

And while some Alaska newspapers groused that he was a carpetbagger, Clark was instrumental in resolving some political battles that stood in the way of Alaska becoming a state.

In January of 1913, the newly formed Alaska Territorial Legislature had unanimously voted to grant women full suffrage, the right to vote. It was a full seven years before that happened on the national level, and it occurred in Alaska without any real organized effort on the part of women, except for Cornelia Hatcher, who organized the petition and took it to the Legislature for their first territorial session. Clark signed that bill into law.

But he did not care for politics, and in 1913 submitted his letter of resignation to then-President Woodrow Wilson. Clark left the job on May 21, 1913, having served four years in office.

Clark moved to Charleston, West Virginia, and purchased the Charleston Daily Mail and continued his career in newspapers. He died Feb. 4, 1950 at the age of 81, and is buried in Charleston.

It is the 110th anniversary of Clark becoming governor of the District of Alaska, and the 106th anniversary of his departing office, making way for John Strong, the second governor of the Territory.

HB 49: Getting tough on sexual assault crimes

‘THEY LIED TO US. WE TRIED. WE REPEALED IT.’

Must Read Alaska is breaking down the changes that HB 49 makes to the current criminal justice laws that SB 91 created in 2016, the crime bill signed into law by Gov. Bill Walker that led to a breakdown of law and order in Alaska.

This is the first in a series that discusses various aspects of the changes.

WHERE HB 49 STANDS IN THE LEGISLATURE

HB 49 is the work of several senators and representatives. They had to fight Rep. Matt Claman, who chairs House Judiciary Committee, to get SB 91 repealed. Claman blocked and delayed passage until it was forced into special session. They also had to fight Rep. Chuck Kopp and, to an extent, Rep. Tammie Wilson, both who defended major provisions of SB 91 and who serve in the Democrat-led caucus.

On the Senate side of the Legislature, fighting to repeal SB 91 were, as pictured above from the left, the champions of the new legislation, Sens. Lora Reinbold, Mia Costello, Mike Shower, Shelley Hughes, and Peter Micciche.

In the final version of HB 49, Claman, Kopp, and Wilson lost their battle to spare criminals from consequences. Claman and his wife are trial attorneys; more of their clients will be going to prison under HB 49.

The final version of HB 49, the “repeal and replace” bill that deep-sixes the liberal laws of SB 91, has been negotiated and printed, agreed upon by conference committee, and now just awaits final votes by the House and Senate. It’s all but passed, and then will need a governor’s signature. It may go to the House for a vote on Tuesday, but it has not been scheduled for either a House or Senate vote. The Legislature is in special session.

There’s no time to lose, according to those who have been victims of crime.

Every day that SB 91 is still in place, people across the state are being victimized by the lenient sentences and revolving door policies the state put in place at the urging of the Pew Charitable Trust, said Sen. Peter Micciche in Kenai on Saturday.

Micciche, who carried HB 49 on the Senate side for the governor, was also a former sponsor of SB 91.

When he spoke to Alaskans this weekend, he said that the Legislature had fallen for a bill of goods sold by Pew Charitable Trust.

“They (Pew) get states to pass legislation and then they use those states to get other states to pass the same legislation. We fell for the false narrative,” he said, talking about SB 91.

“This year we said no. They lied to us. We tried it. We repealed it,” Micciche said.

Sen. Peter Micciche

“By passing this bill we are making a statement. We are saying that as legislators, your representatives, we stand with victims and support safer communities. We are making a statement to drug dealers, car thieves, violent offenders and sexual offenders of our children and of women, and producers and distributors of child pornography, that they will be going to jail for a very long time,”  Micciche said.

“For less serious criminals, we will be making the statement that we will help you turn your life around, but you will first pay the price for your crime.”

As for how HB 49 may have been watered down in the conference committee, Micciche said: “We gave up nothing.”

He expanded on that by explaining how, of the 31 sections that had differences between the House and Senate versions of the bill, the Senate side accepted just three small changes from Reps. Claman and Kopp, and the final version of HB 49 contains 28 of the strengthening provisions from the Senate side.

The stronger laws include the “marriage as a defense for rape” provision that House Republicans were trying to repeal against the overwhelming votes of the Democrat-led Majority. It’s unclear why that majority thinks rape inside of marriage is  defensible, but Rep. Tammie Wilson has spoken at length about not wanting the law to get involved inside of marriage.

CHANGES TO PENALTIES FOR SEX OFFENSES

Sexual Assault in the Second and Third Degree:  Changes the required mental state from “knowing” to “reckless” when the offender engages in an assault with a victim who is mentally incapable, incapacitated, or unaware.

Sexual Abuse of a Minor Sentencing: Makes sexual abuse of a minor in the third degree a sexual felony when there is a six year age difference, thus increasing the sentencing range from 0-2 to 2-12 years.

Indecent Exposure:  Makes indecent exposure when the offender masturbates a Class C felony and a Class B felony in the presence of a person under 16 years of age.

Unlawful Exploitation of a Minor: HB 49 makes unlawful exploitation of a minor an unclassified felony from the current Class B felony if the person has been previously convicted of exploitation of a minor or the victim is under 13 years of age.

Presumptive Sex Offense Sentencing: Clarifies that any prior felony counts as a prior felony for presumptive sentencing purposes in sex cases.

Out of State Sex Offender Registration: Requires anyone convicted of a registerable sex offense in another state to register in Alaska.

Indecent Viewing: Makes indecent viewing or production of a picture of a child and an adult a registerable sex offense and sentenced as a sexual felony.

Soliciting Sex From a Minor: Deletes “online” from the crime of “online enticement of a minor,” making solicitation of a minor for sex a B felony.

Unwanted Images of Genitalia: HB 49 makes repeatedly sending unwanted images of genitalia to another person harassment in the second degree, a Class B misdemeanor.

Marriage Defense to Sexual Assault: Repeals marriage as a defense to sexual assault except in cases where there is consent or when the defendant can prove the victim was lucid during the event, and that the sexual event was consensual.

Next in the series: HB 49 and drug offenses.

Judgment Day in Juneau

By REP. SARAH VANCE

Our Permanent Fund Corporation, which is tasked with growing the Permanent Fund, has been achieving record growth and the fund is now valued at $64 billion. There is more money in the Earnings Reserve Account today than there has ever been in the history of the Permanent Fund, roughly $19 billion. Your past PFD half-payments sit in the Earnings Reserve Account, growing interest for the state.

Some politicians might tell you the state simply “cannot afford” to pay a full Permanent Fund dividend. Can this be true?

This legislator says, transfer to the people what the law says belongs to them.

Your legislators stand at a crossroad. As we head into the special session, lawmakers will be forced to answer critical questions about priorities.

  • Will we ensure education is funded for FY20 or continue to play a prideful game of chicken with the governor?
  • Will we repeal the mistakes of SB 91, or only pretend to be tough on crime?
  • Will we pay out a full PFD, as is required by law, or perpetuate a recession to take more money from the pockets of Alaskans?

Make no mistake: decisions made this week will speak volumes about the values of your elected officials.

I believe in a full, statutory permanent fund dividend and will continue to fight for this cause. Alaska’s resources are our birthright and the PFD is our inheritance. As shareholders of the state’s wealth, the dividend is the ultimate expression of Alaskan sovereignty. You should have priority over any government funded project. Let us not forget that paying a full, statutory dividend is required by law.

This crisis was deliberately manufactured to create an environment where theft appears justified in the eyes of the public. Alaskans have been sold a story that the PFD system is broken and needs fixed. It’s fake news. Our economy continues to crumble while Alaskan families struggle to put bread on the table.

More than $72 million was stolen from the economy of my district. How about yours?  If there was such a crisis, why didn’t the Legislature inflation-proof the fund for 3 years in a row in order to maintain its value?

Thirty-three bills regarding the PFD are currently moving about the Capitol. Several bills rising to the top include transformative words replacing “shall transfer” to “may appropriate.” With edits like these, the Legislature would have the power to decide ifwhen, and how much to pay a dividend.

Words matter. Intent is everything.

Nothing else stimulates the Alaskan economy quite like the PFD. It is critical to the fabric of Alaska’s economy.

The original intent of the Fund was to offset a downturn in oil prices. With earnings the Fund has produced, we could have been sowing the dividend into our local communities to curb our state’s 4-year economic recession. Instead, for the past three years, we’ve allowed politicians to shrink our dividend check to ensure money is available for their pet projects. The state already gets 75 percent of the royalties to spend on bloated government. How much is enough?

Sarah Vance represents Alaska’s District 31 in the House of Representatives.

Watch Kimberly Strassel talk about why she lives in Alaska

‘I AM LITERALLY THE MOST LIBERAL PERSON WHO LIVES IN THE MAT-SU VALLEY’

Kimberly Strassel: Some know her as a member of the editorial board for the Wall Street Journal who writes about the FBI investigation into the Trump Administration.

Wasilla residents know her as just another mom who rides her snow machine through town. Listen to Kimberly Strassel as she weaves stories of Alaska into her talk about the Left and its abandonment of the First Amendment.

Portugal. The Man back on for ‘hold’ music at State

‘ALASKA FLAG SONG’ BY PAUL ROSENTHAL PLUS NATIVE JAZZ

Department of Administration Commissioner Kelly Tshibaka has reauthorized the the Alaska Music on Hold project, with some new selections.

Concerns raised by Must Read Alaska about a couple of the dark and discordant songs that had been chosen for the State of Alaska’s official “hold” music led the department to put the whole thing on pause. It was that bad.

The former playlist had been approved under the Walker Administration, but at least one song had lyrics relating to self-harm and despair — conditions not wholly appropriate for the official music of Alaska.

“When concerns were validated, project partners made a coordinated effort to ensure they were addressed appropriately. The Arts Council and the Department of Administration then partnered closely to develop a new track of music from Alaskan artists,” the department announced on Friday.

The new playlist includes classical music by Paul Rosenthal, playing variations on the Alaska Flag Song on violin:

“Art is a significant element of Alaska culture and the Alaskan quality of life, Tshibaka said. “It contributes to the health of our communities and economy and brings our people together.

“I greatly appreciate the role the arts play in the lives of Alaskans and am excited for this opportunity to draw attention to a few of Alaska’s exceptional artists. I appreciate their creativity and skill and am glad they are a part of this wonderful project,” she said.

Portugal. The Man had issued a few nasty Twitter messages about the project being paused. The band had supported Mark Begich for governor.

[Read: Walker era ‘hold music’ put on hold. Portugal. The Kneejerk has Twitter tantrum]

The band called “bullshit” on the “conservative blogger” who raised the concerns: “If you listen to anything a blogger says except how to make the best cookies you are a fool,” the tweet-storm continued.

But happily, the band’s very original and upbeat “Feel It Still” song with its staccato lyrics “Rebel just for kicks now” remained in the rotation. The band has Alaska roots but is now based in Portland. (But don’t take it from this blogger — keep watching for cookie recipes here at Must Read Alaska.)

The choice of Paul Rosenthal will resonate well with many Alaskans who support the arts. He and his wife Linda Rosenthal moved to Alaska in 1974 and have travelled the state teaching music to children, and Paul was the longtime artistic director and founder of the Sitka Summer Music Festival. He began learning to play the violin at age three and attended Julliard School in New York.

[Listen to some of the hold music choices here]

Former Commissioner Jonathan Quick had been the one to decide that the project needed another listen, and when Tshibaka became commissioner, she agreed, and directed a collaborative effort to make sure the music doesn’t offend.

“We are proud to sponsor and highlight Alaskan artists included on the track: Paul Rosenthal, Feeding Frenzy, the native Jazz Quartet, and Portugal. The Man,” Tshibaka said. “The Alaska State Council on the Arts, Juneau Arts and Humanities Council, GCI, and the office of Representative Jonathan Kreiss-Tomkins have all contributed to the success of the program.”

On Friday at a speech in Kenai, Tshibaka joked with the audience that they should all call the State on Monday and ask to be put on hold, because they’ll really like the music. She made the remark in response to a question from the audience about the hold music.

[Read: State’s ‘on hold’ music: Is it really open for business yet?]

Let’s teach students science, not scary stories on climate change

By WIN GRUENING
SENIOR CONTRIBUTOR

A recent APRN news article got my attention.  It was headlined: “In Anchorage, emotionally preparing students for the scary prospect of climate change.”

After reading it, I was scared, but not about climate change.

The APRN reporter visited two Alaska classrooms to learn “how teachers and students are navigating these difficult conversations.”

According to the article, for the past 13 years, teachers have been working with a curriculum that gives little guidance on how to explain the science behind climate change.

A middle/high school class teacher who was profiled must “struggle with social complexities of teaching about climate change in an oil state, and then there are the emotional (complexities).”

“The future can appear increasingly uncertain, dangerous and even scary” for kids, who must deal with “increased anxiety and depression as Alaskans grapple with a changing environment.”

The future is so bleak, explains the instructor, that “some of his younger students have asked him to dial it back.”
Apparently, help is on the way.

The Alaska Department of Education and Early Development is revamping its science standards. The Alaska state board of education unanimously approved a draft of new state science standards on March 29, 2019 — and climate change is included.

As parents, we know how critical it is that basic education be taught in our public schools.  These foundational subjects, Math, Language Arts, and Science are important enough that our educational institutions are required to measure student proficiency in them at various points between kindergarten and high school.

It’s no secret that Alaska’s scores in all three of these areas have historically been disappointing when compared to other states.

Curricula changes can be beneficial, but they also present challenges.

This is most evident in science where the temptation to advance political agendas turns controversial issues into opportunities for indoctrination.

Climate change is real. Teaching the science behind our changing climate is a good thing.  The controversy lies is in what we can realistically do about it.

Today, we are bombarded by politicians and pseudo-scientists who claim fossil fuel use must end and that an energy revolution is possible.  “Clean energy” in the form of wind turbines, solar arrays, and batteries, they say, is about to become incredibly cheap, making a “new energy economy possible.”

Unfortunately, what is unspoken is their general opposition to the expansion of the three most obvious sources of existing clean energy: natural gas, nuclear power, and hydroelectric dams – leaving us with few choices.

Mark P. Mills, a senior fellow at the Manhattan Institute and a faculty fellow at Northwestern University, author of The New Energy Economy: An Exercise In Magical Thinking, states the problem.

“Never mind that wind and solar—the focus of all “new energy economy” aspirations, including its latest incarnation in the Green New Deal—supply just 2 percent of global energy, despite hundreds of billions of dollars in subsidies.”

“It takes the energy equivalent of about 100 barrels of oil to manufacture a battery that can store the energy equal to one oil barrel. That means that batteries fabricated in China (most already are) by its predominantly coal-powered grid result in more carbon-dioxide emissions than those batteries, coupled with wind/solar, can eliminate. It’s true that wind turbines, solar cells, and batteries will get better, but so, too, will drilling rigs and combustion engines. The idea that “old” hydrocarbon technologies are about to be displaced wholesale by a digital-like, clean-tech energy revolution is a fantasy.”
Mills explains the only way we will change the “energy status-quo” is through foundational discoveries in the sciences – not by subsidizing yesterday’s technologies, including wind and solar.

Allowing students to skip classes to protest on the Capitol steps doesn’t teach them anything about atmospheric science, geology, geography or oceanography.

Emerging technologies that will help solve climate change issues are only possible if our current crop of high school students are grounded in foundational subject matter like mathematics and the earth sciences.

So yes, our schools should be committed to updating and teaching all science subjects – including climate change.  That’s the only way the next generation will meet this challenge with more than scare stories.

Win Gruening retired as the senior vice president in charge of business banking for Key Bank in 2012. He was born and raised in Juneau and graduated from the U.S. Air Force Academy in 1970. He is active in community affairs as a 30-plus year member of Juneau Downtown Rotary Club and has been involved in various local and statewide organizations.

State, Ahtna settle Klutina Lake Road access

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KLUTINA KING SALMON FISHING SEASON STARTS JULY 1 

Attorney General Kevin G. Clarkson says the State has partially settled the longstanding dispute over Klutina Lake Road, a popular route that runs along the Klutina River to a fishing grounds used by thousands of Alaskans. The road crosses through Native land that has been historically used as a trail and road; the road is owned by the State. The Ahtna Corporation wants to control access through its land.

The agreement says that there is a 100-foot right-of-way along the length of the road, starting at the New Richardson Highway and extending to the end of the road at Klutina Lake. But the agreement includes a caveat, as activities like camping and parking along the roadway is not resolved except for emergencies.

[Read Fish and Game information about this year’s fishing at Klutina]

The State and Ahtna can both appeal the portions where there is not agreement to the Alaska Supreme Court. These are non transportation uses, such as camping, launching boats and parking within the right of way.

“This settlement is a long time coming, and I appreciate the hard work of our attorneys and Ahtna’s attorneys in reaching an agreement,” Clarkson said. “This settlement recognizes the State’s right-of-way and protects the public’s access to Klutina River and Klutina Lake.

The settlement includes the following terms:

  • 100-foot right-of-way established under federal Revised Statute 2477 along the road in its current location from Copper Center to Klutina Lake (50 feet on each side of the centerline of the road);
  • 100-foot rights-of-way (extending from the road to the ordinary high water mark of Klutina River) at the Airstrip and Boys’ Camp to ensure public access to the river;
  • Ahtna, Inc.’s trespass and nuisance claims will be dismissed with prejudice;
  • The State’s claim for a right-of-way along the north shore of the lake will be dismissed without prejudice (meaning the State’s claim to this right-of-way is preserved and can be decided in the future);
  • The appeal rights of both parties are preserved (including issues regarding the scope of use, width, and aboriginal title); and
  • Each side will bear its own costs and fees.

This case began in 2008 when Ahtna sued the State of Alaska, alleging trespass.

The State argued that the road is covered by a federal Revised Statute 2477 (RS 2477) right-of-way over which the public has a right to travel, and that, as with other State-owned rights-of-way, the public may camp, park, and launch boats from within the right-of-way.

RS 2477 is the old mining law that established public rights-of-way by public use or a State’s acceptance of the right-of-way, over certain federal or former federal lands.

Under the settlement, the parties agree that the State has a right-of-way over the Klutina Lake Road, but the parties can also appeal certain points of law that had been determined by the superior court.

The State will appeal Judge Guidi’s ruling that restricted the use of the road to only ingress and egress; the State believes overnight camping and parking are also lawful uses by the public. Until the appeal is complete, these questions remain unresolved, and the public should be cautious in how they use the road until the Alaska Supreme Court has ruled.

The Department of Law said that Alaskans should be aware that unless and until the appeal is resolved in favor of the State, Ahtna’s land use policy requires a land use permit for activities on Ahtna lands, including camping or parking, unless in an emergency.

Other questions that may be appealed also include whether Ahtna’s claim of aboriginal title prevented the creation of an RS 2477 right-of-way.

Map of agreed upon right-of-way and its location 

What if there is no budget deal by July 1?

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THE ART OF THE SHUTDOWN

By ART CHANCE
SENIOR CONTRIBUTOR

The Legislature is bogged down over the demands of the union racket, the education racket, and the healthcare racket versus the will of the rest of the people of Alaska.

For the last four years, the Republican Senate either had to sign off on something the rackets and Gov. Walker would accept, or shut down the government on July 1.

Now with a new governor, the Senate and the governor have to buy off on something the rackets will accept or shut down the government; it’s a distinction without a difference.

There still is no Door C.

The Legislature and the governor have to come up with an operating budget by June 1, or most all State of Alaska employees will be given formal notices of impending layoff, which would occur on July 1; the rules and contracts require 30 days notice, so the notice would go out June 1.

I’ve explained this several times, but one more won’t hurt; a layoff is not a dismissal. A dismissal, colloquially a firing, is a complete separation of the employment relationship; the employee gets paid any pay due, any accrued benefits with cash value, and has no expectation of further employment with the employer.

A layoff is not a separation of the employment relationship; it is just a notice that because of lack of work or funds there is no work for you, but when there is funding or work, you will be returned to work with your former status, rights, and benefits.

Those notices will cause a lot of wailing and gnashing of teeth; only the highest level State employees can miss a paycheck without serious economic pain. State employees generally have very little savings because they have accrued leave with cash value, and if worst comes to worst they have their SBS and Retirement to fall back on.

That said, the SBS and Retirement requires quitting State service to get to, and that’s the first step on the former employee’s trip down the Alcan.

Unless the employee or his union is planning for it and does it in advance, cashing in leave has to be done before the government shuts down, or the leave money isn’t accessible. In my strike contingency planning I always assumed that missing the second paycheck was the tipping point. When the second pay check didn’t come, most GGU employees would be begging to come back to work.

At 12:01 am on July 1, 2019, if there isn’t an operating budget, the State of Alaska government ceases to exist. The State isn’t like the federal government that has all sorts of pockets of funding that allow various functions to go on.

At 12:01 AM on July 1, the State literally has neither the money nor the authority to operate. Somewhere in June the Marine Highway System will start putting up the notices that it can’t guarantee voyages beyond July 1. The State airports, notably Anchorage and Fairbanks, will do likewise. The Governor could send over bills giving the AMHS and the Airports program receipts authority so they could operate on their revenue, but why would the House pass them?   We’re talking inflicting pain here.

I wouldn’t count on the House Majority surrendering; leftist arrogance knows no bounds.   So, either the Senate and the Governor are going to surrender or there is going to be one Helluva train-wreck on July 1. I don’t think cops, COs, Pioneer Home attendants and the like will actually walk away from their work even though the State can’t offer them an assurance of being paid.

That said, the State can’t make them come to work if it can’t pay them, and the unions will make sure that the price is dear for not paying them.

The right answer is to work this out before July 1, but if it isn’t, it is going to be one helluva mess.

Art Chance is a retired Director of Labor Relations for the State of Alaska, formerly of Juneau and now living in Anchorage. He is the author of the book, “Red on Blue, Establishing a Republican Governance,” available at Amazon. 

Lawsuit against Bristol Bay fish marketing group dismissed

The Bristol Bay Six case against Bristol Bay Regional Seafood Development Association has been dismissed.

Alaska Superior Court Judge Yvonne Lamoureux said that the association is within its rights to spend money fighting the Pebble Project, which the association feels could harm the fishery of Bristol Bay.

The six fishermen who had sued had said that BBRSDA was working in areas far from its mission, spending some $250,000 of fishermen’s money on contracts with groups opposing the Pebble Project.

BBRSDA was created by statute to market seafood, but contracted with SalmonState and United Tribes of Bristol Bay, which were actively working against the massive copper and gold mining project proposed for state mining lands in the region. Some fishermen support the mining project and don’t want their funds to be used to oppose it.

According to statute, the BBRSDA was created for:

  • Promotion of seafood and seafood by-products that are harvested in the region and processed for sale;
  • Promotion of improvements to the commercial fishing industry and infrastructure in the seafood development region;
  • Establishment of education, research, advertising, or sales promotion programs for seafood products harvested in the region;
  • Preparation of market research and product development plans for the promotion of seafood and their by-products that are harvested in the region and processed for sale;
  • Cooperation with the Alaska Seafood Marketing Institute and other public or private boards, organizations, or agencies engaged in work or activities similar to the work of the organization, including entering into contracts for joint programs of consumer education, sales promotion, quality control, advertising, and research in the production, processing, or distribution of seafood harvested in the region;
  • Cooperation with commercial fishermen, fishermen’s organizations, seafood processors, the Alaska Fisheries Development Foundation, the Fisheries Industrial Technology Center, state and federal agencies, and other relevant persons and entities to investigate market reception to new seafood product forms and to develop commodity standards and future markets for seafood products;

BBRDSA said that its anti-Pebble activities fall under the category of “education.”

Judge Lamoureux ruled that the mission is broad enough that it could spend its members’ money to oppose the mining project.

Commercial fishers in Bristol Bay are required to pay BBRDSA 1 percent of their fishing income. The judges decision essentially forces them to pay 1 percent to an organization that is not dedicating 100 percent of its resources to marketing fish, as it was set up to do.

In other news, Northern Dynasty Minerals, which owns the Pebble Project, has signed another right of way agreement with the Alaska Native village corporation Iliamna Natives Limited, to use some of INL lands for construction and operation of transportation infrastructure

Ron Thiessen, Northern Dynasty president and CEO said the agreement will involve the shareholders of INL in a “meaningful way in the future development of the Pebble Project.”

“Not only does today’s announcement demonstrate that the Alaska Native landowners and those who live in closest proximity to the project support the work we are doing to advance Pebble in an environmentally sound and socially responsible manner, it also ensures they will benefit in a meaningful way from the jobs and other economic opportunities associated with the project,” he said.

The Right-of-Way Agreement is the second one the Pebble Partnership has reached with Alaska Native landowners for access to the site for both construction and operation. The first agreement was with Alaska Peninsula Corporation in November.

The agreement with INL gives the Pebble Partnership an alternative ferry landing site and road and utility corridor on the north side of Lake Iliamna, which will give the project some flexibility as it advances toward a final Record of Decision on the federal Environmental Impact Statement (“EIS”) permitting process next year.

The U.S. Army Corps of Engineers released the draft environmental impact statement in February and has extended the public comment period until the end of May.