NATIONAL MARINE FISHERIES SERVICE
GRAVEL EXTRACTION POLICIES
NSSGA POSITION:
Gravel extraction is a major and longstanding activity in rivers and streams in most parts of the U.S., including Alaska. NSSGA’s policy is to ensure that gravel extraction operations are conducted in a manner that eliminates or minimizes, to the greatest extent possible, any adverse impacts to anadromous fish and their habitats. NSSGA believes that protection of anadromous fish and the regulation of land use are important public policy issues that should be addressed by integrating the best available science into the management of gravel extraction to protect aquatic resources. The National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NOAA Fisheries) and the aggregates industry must collaborate to develop guidelines that are appropriate for individual rivers or sub-regions, utilize the accumulated knowledge gained over the past years of monitoring and protect endangered/threatened salmonid fisheries while at the same time maintaining a viable industry.
BACKGROUND:
Sand and gravel mining is generally a water-dependent activity. Gravel is mined in a variety of ways including deep water dredging, in-stream sand and gravel bar skimming and extraction methods from floodplains. NOAA Fisheries in the U.S. Department of Commerce administers the laws requiring conservation and protection of living marine resources and anadromous species along with their critical habitats. NOAA Fisheries also administers marine species under the Endangered Species Act.
NOAA Fisheries’ National Gravel Extraction Policy applies to tidal rivers, freshwater rivers and streams and their associated wetlands and riparian zones where anadromous fish are currently or historically present. The Policy aims to avoid the take of listed salmonids by, for example, disallowing sediment
extraction “within, upstream, or
downstream of anadromous fish
spawning grounds.”
The Policy makes generalized assumptions concerning the impact of gravel extraction while ignoring site-specific empirical data gathered by the gravel industry, using NOAA Fisheries approved protocols, and submitted to the agency. Best available industry data includes annual pre- and post-extraction surveys, cross-section analysis, aerial photography and biological monitoring information. Collaborative industry-agency scientific studies should be conducted that quantify the impact to the aggregates industry caused by restrictions imposed by NOAA Fisheries on in-stream operations of bar skimming, deep water dredging, and floodplain operations.
TALKING POINTS:
- NSSGA supports a balance between the goals of protecting and conserving threatened and endangered species with our country’s need for continued economic growth and utilization of natural resources.
- NSSGA supports application of the new Data Quality Management Act that requires peer review of science espoused by the federal government. NOAA Fisheries and its application of, and compliance with, the new Data Quality Management Act Executive Order should be analyzed.
- NSSGA holds that the application of either internal draft or final guidance by NOAA staff should not be used in a regulatory fashion to deny permits or restrict operations of an entire industry sector, without due process required by the Administrative Procedures Act.
- NOAA Fisheries should consider the positive socio-economic and environmental contributions of industry in-stream and floodplain operations. These include flood control, channel and bank stabilization and stream current and flow controls that allow for unimpeded fish migration. NOAA should consider as well the cost of finding alternative sources of construction aggregates.
- NSSGA opposes government policies that unilaterally restrict obtaining construction aggregate for public infrastructure projects without due process consideration of sound science and input from the industries impacted.
- NOAA Fisheries and the aggregates industry must collaborate to develop guidelines that are appropriate for individual rivers or sub-regions, utilize the accumulated knowledge gained over the past several years of monitoring and protect salmonid fisheries while at the same time maintaining a viable industry.
Updated: November 2008
