Bristol Bay
The Bristol Bay watershed in southwestern Alaska supports the largest sockeye salmon fishery in the world, is home to 25 federally recognized tribal governments, and contains large mineral resources. Learn more about Bristol Bay.
404(c) Recommended Determination
On December 1, 2022, EPA Region 10 Regional Administrator Casey Sixkiller transmitted to EPA’s Office of Water Assistant Administrator Radhika Fox a Clean Water Act Section 404(c) Recommended Determination to prohibit and restrict the use of certain waters in the Bristol Bay watershed as disposal sites for certain discharges of dredged or fill material associated with developing the Pebble Deposit.
After evaluating an extensive record, including scientific and technical information covering nearly two decades, and after considering public comments received on the 2022 Proposed Determination, Regional Administrator Sixkiller determined that these discharges would be likely to result in unacceptable adverse effects on salmon fishery areas in the South Fork Koktuli River, North Fork Koktuli River, and Upper Talarik Creek watersheds.
"EPA Region 10’s action represents the third step in EPA’s four-step Clean Water Act Section 404(c) review process. If affirmed by EPA’s Office of Water during the fourth and final step, this action would help protect salmon fishery areas that support world-class commercial and recreational fisheries, and that have sustained Alaska Native communities for thousands of years, supporting a subsistence-based way of life for one of the last intact wild salmon-based cultures in the world."
- EPA Region 10 Administrator Casey Sixkiller
Next Steps
EPA’s Assistant Administrator for Water is reviewing the Regional Administrator’s Recommended Determination, the administrative record, and information provided by the U.S. Army Corps of Engineers, the owners of record, and the applicant about their intent to take corrective action to prevent unacceptable adverse effects, before issuing a Final Determination affirming, modifying, or rescinding the Regional Administrator’s Recommended Determination.
EPA expects to issue a final determination by January 30, 2023.
For previous announcements, see Bristol Bay 404(c) timeline.