Sep 29: The U.S. Coast Guard announced in the Federal Register [73 FR 56492-56501] that it is amending its regulations to allow the discharge of bulk dry cargo residue (DCR) in limited areas of the Great Lakes by self-propelled vessels and by any barge that is part of an integrated tug and barge unit. DCR is the residue of non-toxic and non-hazardous bulk dry cargo like limestone, iron ore, and coal. The regulations also add new recordkeeping and reporting requirements and encourage carriers to adopt voluntary control measures for reducing discharges. Discharges are now prohibited in certain protected and sensitive areas where, previously, they were allowed. The Coast Guard also requests public comments on the need for and feasibility of additional conditions that might be imposed on discharges in the future, such as mandatory use of control measures, or further adjustments to the areas where discharges are allowed or prohibited.
The interim final rule takes effect September 29, 2008. Initial reports under amended 33 CFR 151.66(c)(4) are due January 15, 2009. Comments and related material submitted in response to the request for comments must be received before January 15, 2009. The action follows a May 23, 2008, notice of the rulemaking and of the availability of a Draft Environmental Impact Statement (DEIS). The Coast Guard says it received written comments on the proposed rule from 55 sources, and heard from 3 commenters at two public meetings in Duluth, MN, and Cleveland, OH, An additional notice of the Final Environmental Impact Statement (FEIS) and the Record of Decision (ROD)was announced on August 22, 2008.
In response to public comments, the Coast Guard extended the areas where DCR discharges are prohibited to include waters within three miles of shore at the following sites: Indiana Dunes and Sleeping Bear National Lakeshores on Lake Michigan and Grand Portage National Monument and Apostle Islands and Pictured Rocks National Lakeshores on Lake Superior.
Access the FR notice (click here). Access the docket for this rulemaking for background information and to review and submit comments (click here).
Monday, September 29, 2008
Legacy Act Passes; White House Cuts Funding
Sep 29: The Great Lakes Commission (GLC) issued a release applauding Congressional leaders for securing reauthorizing of the Great Lakes Legacy Act (H.R 6460). The House of Representatives re-approved an amended version of H.R. 6460 on September 28, which extends the Legacy Act for two years at level funding of $54 million per year. The bill now goes to President Bush for signing.
According to a release from Michigan Lt. Governor and Great Lakes Commission (GLC) Chairman John Cherry, "While this is a positive step forward, the Great Lakes Commission is disappointed that despite the best efforts of our region’s Congressional leaders, no additional funding was provided. HR 6460 first passed the House of Representatives on September 18 at $150M. At the 11th hour, the Bush Administration weighed in with a letter to House and Senate leaders in opposition to the bill, because of the proposed funding increase. To gain approval in the Senate, the bill was amended and the funding kept level with legislation approved in 2002."
House Transportation & Infrastructure Committee Chair, Representative James Oberstar (D-MN) explained further in a Floor statement saying, "Regrettably, when this measure got over to the Senate, as so often happens in the other body, one person can shut down the Senate and can shut down the country. In this case one objection held up Senate action on the bill until funding for the program was cut. I'm just so disappointed and so anguished over the failure of the Senate to provide the funding. They didn't change anything else in the bill, just implementing it, just funding it. That is cutting out the heart. . . We will come back next year. There will be a different spirit in the White House, a different spirit in the Congress. We will fix that."
Access a release from the GLC (click here). Access legislative details for H.R 6460 including links to Floor statements (click here).
According to a release from Michigan Lt. Governor and Great Lakes Commission (GLC) Chairman John Cherry, "While this is a positive step forward, the Great Lakes Commission is disappointed that despite the best efforts of our region’s Congressional leaders, no additional funding was provided. HR 6460 first passed the House of Representatives on September 18 at $150M. At the 11th hour, the Bush Administration weighed in with a letter to House and Senate leaders in opposition to the bill, because of the proposed funding increase. To gain approval in the Senate, the bill was amended and the funding kept level with legislation approved in 2002."
House Transportation & Infrastructure Committee Chair, Representative James Oberstar (D-MN) explained further in a Floor statement saying, "Regrettably, when this measure got over to the Senate, as so often happens in the other body, one person can shut down the Senate and can shut down the country. In this case one objection held up Senate action on the bill until funding for the program was cut. I'm just so disappointed and so anguished over the failure of the Senate to provide the funding. They didn't change anything else in the bill, just implementing it, just funding it. That is cutting out the heart. . . We will come back next year. There will be a different spirit in the White House, a different spirit in the Congress. We will fix that."
Access a release from the GLC (click here). Access legislative details for H.R 6460 including links to Floor statements (click here).
Friday, September 26, 2008
Council Of Canadians Calls For Compact Correction
Sep 24: Canada's largest citizens’ organization, the Council of Canadians, issued a release, "demanding that the Canadian government intervene to secure an amendment to the Great Lakes Compact which has now received approval of both the U.S. House and Senate [See WIMS 9/23/08]. The organization is calling for an elimination of the loophole that would grant bottled water corporations unlimited access to Great Lakes water in 20 litre [actually 5.7 gallons] containers. Maude Barlow, national chairperson of the Council of Canadians said, “Although we welcome the Compact’s ban on diversions through pipelines and other means, the bottled water exception is a gaping hole that would undermine the agreement’s ability to truly protect the Great Lakes. In remaining silent on this issue, the Harper government has abdicated its responsibility to protect the Great Lakes and the Canadian public interest.”
The Council said while the Compact sets out to prevent diversions from the Great Lakes, the definition of diversions does not apply to water as a “product” and they are concerned about the trade implications of this definition. Meera Karunananthan, national water campaigner for the Council of Canadians said, “Once their access to Great Lakes water is entrenched in the Compact, it will be difficult to regulate corporations taking water out of the Great Lakes in containers because they will be further protected in international trade agreements such as the North American Free Trade Agreement.”
Access a release from the Council (click here).
The Council said while the Compact sets out to prevent diversions from the Great Lakes, the definition of diversions does not apply to water as a “product” and they are concerned about the trade implications of this definition. Meera Karunananthan, national water campaigner for the Council of Canadians said, “Once their access to Great Lakes water is entrenched in the Compact, it will be difficult to regulate corporations taking water out of the Great Lakes in containers because they will be further protected in international trade agreements such as the North American Free Trade Agreement.”
Access a release from the Council (click here).
Tuesday, September 23, 2008
House Approves Great Lakes Compact
Sep 23: On a "Motion to Suspend the Rules and Pass," requiring a 2/3 majority, the U.S. House approved the Great Lakes Compact (S.J. Res. 45), by a vote of 390 - 25. Environmental and conservation groups praised the approval and commended U.S. Representatives John Conyers (D-MI), Vern Ehlers (R-MI), Rahm Emanuel (D-IL), Steve LaTourette (R-OH) and Jim Oberstar (D-MN); and Senators Russ Feingold (D-WI), Herb Kohl (D-WI), Carl Levin (D-MI), Arlen Specter (R-PA) and George Voinovich (R-OH), where the measure was approved by voice vote in August [See WIMS 8/4/08]. The President has indicated he will sign the approval.
Despite the overwhelming approval, it did not come without controversy and concern. Two Great Lakes Representatives -- Bart Stupak (D-MI) and Dennis Kucinich (D-OH) both raised concerns regarding loopholes in the Compact [See WIMS 9/8/08]. Of major concern were the exemption of water in a container smaller than 5.7 gallons ("the bottled water loophole"); creating a Federal definition of Great Lakes water as a "product" subject it to international trade law obligations (e.g. NAFTA, GATT, etc.) and related "public trust doctrine" issues.
On Monday, September 22, Representative Stupak urged all 435 members not to approved the Compact until some answers were received from his previous inquiries in July to the U.S. Department of State, U.S. Trade Representative and the IJC (See link below). Kucinich had argued that Congress could close the loopholes without sending the Compact back to the State to be ratified again by passing his bill H.R. 6814 and adding specific language in the Committee Report for the Compact which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language could not.
Various groups indicating their support included: Great Lakes United; National Wildlife Federation; Alliance for the Great Lakes; Healing Our Waters-Great Lakes Coalition; Council of Great Lakes Governors; Michigan Environmental Council; Michigan League of Conservation Voters; Tip of the Mitt Watershed Council; and Sierra Club.
Access the roll call vote (click here). Access legislative details for S.J.Res.45 (click here). Access a release from Representative Stupak (click here). Access the Committee on Judiciary. H. Rept. 110-863 (click here). Access legislative details for H.R. 6577 (click here).
Despite the overwhelming approval, it did not come without controversy and concern. Two Great Lakes Representatives -- Bart Stupak (D-MI) and Dennis Kucinich (D-OH) both raised concerns regarding loopholes in the Compact [See WIMS 9/8/08]. Of major concern were the exemption of water in a container smaller than 5.7 gallons ("the bottled water loophole"); creating a Federal definition of Great Lakes water as a "product" subject it to international trade law obligations (e.g. NAFTA, GATT, etc.) and related "public trust doctrine" issues.
On Monday, September 22, Representative Stupak urged all 435 members not to approved the Compact until some answers were received from his previous inquiries in July to the U.S. Department of State, U.S. Trade Representative and the IJC (See link below). Kucinich had argued that Congress could close the loopholes without sending the Compact back to the State to be ratified again by passing his bill H.R. 6814 and adding specific language in the Committee Report for the Compact which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language could not.
Various groups indicating their support included: Great Lakes United; National Wildlife Federation; Alliance for the Great Lakes; Healing Our Waters-Great Lakes Coalition; Council of Great Lakes Governors; Michigan Environmental Council; Michigan League of Conservation Voters; Tip of the Mitt Watershed Council; and Sierra Club.
Access the roll call vote (click here). Access legislative details for S.J.Res.45 (click here). Access a release from Representative Stupak (click here). Access the Committee on Judiciary. H. Rept. 110-863 (click here). Access legislative details for H.R. 6577 (click here).
Canadian Mayors Call For Great Lakes Commitments
Sep 22: According to a release from the Great Lakes and St. Lawrence Cities Initiative, mayors representing over 7 million Canadians in Ontario and Quebec issued a letter calling on the five Federal political leaders in the Canadian election to publicly declare their proposals for protecting the Great Lakes and the St. Lawrence River. Thunder Bay Mayor Lynn Peterson, chair of Cities Initiative said, "Canadian municipalities are spending over $4 billion a year on Great Lakes and St. Lawrence protection. Given the national and international importance of this massive fresh water resource, it is time we have a substantial commitment from our federal government."
Canadian members of the Cities Initiative issued the letter a day after presidential candidates in the United States raised the importance of Great Lakes protection in their federal election campaign. Toronto Mayor David Miller said, "We are encouraged that, through the activities of the Great Lakes and St. Lawrence Cities Initiative and other organizations, both U.S. presidential candidates are acknowledging the critical importance of protecting this vital resource. Senator Barack Obama has come forward with his proposal and Senator John McCain has made known his concern for the future of the Great Lakes. It is time our federal party leaders stepped up and made their voices heard."
Access a release from the Cities Initiative (click here). Access the Cities Initiative website (click here).
Canadian members of the Cities Initiative issued the letter a day after presidential candidates in the United States raised the importance of Great Lakes protection in their federal election campaign. Toronto Mayor David Miller said, "We are encouraged that, through the activities of the Great Lakes and St. Lawrence Cities Initiative and other organizations, both U.S. presidential candidates are acknowledging the critical importance of protecting this vital resource. Senator Barack Obama has come forward with his proposal and Senator John McCain has made known his concern for the future of the Great Lakes. It is time our federal party leaders stepped up and made their voices heard."
Access a release from the Cities Initiative (click here). Access the Cities Initiative website (click here).
Monday, September 22, 2008
IOM Says CDC Great Lakes Reports Have Shortcomings
Sep 5: According to a release and a review by the National Academy of Sciences' Institute of Medicine (IOM), two drafts of a yet-to-be-finalized report [See WIMS 3/14/08] looking at health and pollution data from the Great Lakes region have problems that diminish the documents' scientific quality. These shortcomings limit the usefulness of the drafts -- prepared by the U.S. Centers for Disease Control and Prevention -- in determining whether health risks might be associated with living near the lakes.
Questions about the scientific quality of the drafts and concern following the unauthorized publication of one of the interim drafts on a public website [See WIMS 2/8/08] led CDC to ask the IOM for an independent review of the documents. The drafts originated with an international commission's request for CDC's Agency for Toxic Substances and Disease Registry (ATSDR) to evaluate the public health implications of hazardous materials present in certain areas within U.S. states in the Great Lakes basin. The IOM committee focused on a 2007 draft and a 2008 version that was prepared after directors within ATSDR expressed apprehension about the 2007 draft's methodology and conclusions and postponed its public release. No final report has been released.
"We found problems in how each draft was developed, which data were used, and what conclusions the authors drew," said Robert Wallace, Irene Ensminger Stecher Professor of Epidemiology and Internal Medicine, College of Public Health, University of Iowa, Iowa City, and chair of the committee that wrote the report. "Our task was to focus solely on the scientific quality of the drafts and not to assess whether pollution around the Great Lakes poses health concerns," he added. "The problems we found in the drafts would limit the ability of officials and others to draw conclusions from them about whether any health risks are associated with living in or near certain places around the Great Lakes."
Most of the concerns about the 2007 draft raised by CDC's peer reviewers and ATSDR directors -- particularly how data were selected and used -- are valid, the committee concluded. Pollution and health data were lumped together despite differences in where and when the information was collected and despite lack of supporting evidence or explanation of how particular contaminants could lead to any of the identified health problems. The release indicates that, "This juxtaposition of data without explanation or support could lead readers to assume links between contamination and health problems regardless of whether they actually exist. Furthermore, some data that might have provided useful evidence apparently were not considered, and the drafts contained little explanation for why the data used were chosen."
The Committee concluded, "The 2008 draft provides only a summary of selected data on chemical releases and contamination and does not add substantially to the understanding of pollution around the Great Lakes. Though the authors' decision to leave out the health data in the 2008 draft is understandable given its incompatibilities with the available contamination data, it significantly changed the nature of the resulting draft and scope of response to the original request to CDC." The committee also noted problems with using the selected contaminant data as indicators of actual exposures. Moreover, the draft lacks information on other potential sources of contaminants or ways that people could be exposed.
Access a release from the IOM and link to the complete 50-page report (click here). Access the ATSDR website for the Great Lakes report which contains extensive links to background information, the Statement of Concern, the 2004 & 2007 & 2008 drafts, and more (click here).
Questions about the scientific quality of the drafts and concern following the unauthorized publication of one of the interim drafts on a public website [See WIMS 2/8/08] led CDC to ask the IOM for an independent review of the documents. The drafts originated with an international commission's request for CDC's Agency for Toxic Substances and Disease Registry (ATSDR) to evaluate the public health implications of hazardous materials present in certain areas within U.S. states in the Great Lakes basin. The IOM committee focused on a 2007 draft and a 2008 version that was prepared after directors within ATSDR expressed apprehension about the 2007 draft's methodology and conclusions and postponed its public release. No final report has been released.
"We found problems in how each draft was developed, which data were used, and what conclusions the authors drew," said Robert Wallace, Irene Ensminger Stecher Professor of Epidemiology and Internal Medicine, College of Public Health, University of Iowa, Iowa City, and chair of the committee that wrote the report. "Our task was to focus solely on the scientific quality of the drafts and not to assess whether pollution around the Great Lakes poses health concerns," he added. "The problems we found in the drafts would limit the ability of officials and others to draw conclusions from them about whether any health risks are associated with living in or near certain places around the Great Lakes."
Most of the concerns about the 2007 draft raised by CDC's peer reviewers and ATSDR directors -- particularly how data were selected and used -- are valid, the committee concluded. Pollution and health data were lumped together despite differences in where and when the information was collected and despite lack of supporting evidence or explanation of how particular contaminants could lead to any of the identified health problems. The release indicates that, "This juxtaposition of data without explanation or support could lead readers to assume links between contamination and health problems regardless of whether they actually exist. Furthermore, some data that might have provided useful evidence apparently were not considered, and the drafts contained little explanation for why the data used were chosen."
The Committee concluded, "The 2008 draft provides only a summary of selected data on chemical releases and contamination and does not add substantially to the understanding of pollution around the Great Lakes. Though the authors' decision to leave out the health data in the 2008 draft is understandable given its incompatibilities with the available contamination data, it significantly changed the nature of the resulting draft and scope of response to the original request to CDC." The committee also noted problems with using the selected contaminant data as indicators of actual exposures. Moreover, the draft lacks information on other potential sources of contaminants or ways that people could be exposed.
Access a release from the IOM and link to the complete 50-page report (click here). Access the ATSDR website for the Great Lakes report which contains extensive links to background information, the Statement of Concern, the 2004 & 2007 & 2008 drafts, and more (click here).
Friday, September 19, 2008
House Passes Great Lakes Legacy Reauthorization Act
Sep 18: Representative Vernon Ehlers (R-MI) praised the House passage of the Great Lakes Legacy Reauthorization Act (H.R. 6460), which he sponsored. The bill was approved by a vote of 371 to 20 which exceeded the two-thirds required under the suspended rules. Representative Ehlers indicated in a release that the Great Lakes Legacy Act is considered one the most effective Federal water cleanup projects ever. Ehlers introduced the bill along with Committee on Transportation and Infrastructure Chairman James Oberstar (D-MN) in July.
Ehlers said, “I am pleased that the House acted so quickly on this important bill. The Great Lakes are our region’s most valuable natural asset, and toxic sediment that is feeding into the lakes could cause irreparable harm. This bill creates a roadmap for funding that will ensure the polluted areas of concern that have been identified around the Great Lakes are cleaned up within the next ten years. Our goal of cleaning up these toxic sites is within reach, and we owe it to future generations to act now on cleaning them up.”
The renewal bill authorizes Congress to direct up to $150 million per year for the next five years to U.S. EPA to continue the Legacy Act cleanup program. The authorization was increased from $50 million per year in the previous bill because of the potentially high cost of cleaning up contaminated sediment once it is spread through the lakes. The new funding authorization would put the program on track to clean up every Area of Concern (AOC) within ten years.
Jeff Skelding, national campaign director for the Healing Our Waters-Great Lakes Coalition said, "We applaud the U.S. House of Representatives -- especially Reps. James Oberstar and Vern Ehlers -- for passing this important and successful clean-up program. Cleaning up toxic pollution is essential to our public health, economy and way of life. We need the Senate to take quick action like they did with the Compact and reauthorize this critical program.”
Access a release from Representative Ehlers and link to previous releases (click here). Access legislative details for H.R 6460 (click here). Access a release from the HOW Coalition (click here).
Ehlers said, “I am pleased that the House acted so quickly on this important bill. The Great Lakes are our region’s most valuable natural asset, and toxic sediment that is feeding into the lakes could cause irreparable harm. This bill creates a roadmap for funding that will ensure the polluted areas of concern that have been identified around the Great Lakes are cleaned up within the next ten years. Our goal of cleaning up these toxic sites is within reach, and we owe it to future generations to act now on cleaning them up.”
The renewal bill authorizes Congress to direct up to $150 million per year for the next five years to U.S. EPA to continue the Legacy Act cleanup program. The authorization was increased from $50 million per year in the previous bill because of the potentially high cost of cleaning up contaminated sediment once it is spread through the lakes. The new funding authorization would put the program on track to clean up every Area of Concern (AOC) within ten years.
Jeff Skelding, national campaign director for the Healing Our Waters-Great Lakes Coalition said, "We applaud the U.S. House of Representatives -- especially Reps. James Oberstar and Vern Ehlers -- for passing this important and successful clean-up program. Cleaning up toxic pollution is essential to our public health, economy and way of life. We need the Senate to take quick action like they did with the Compact and reauthorize this critical program.”
Access a release from Representative Ehlers and link to previous releases (click here). Access legislative details for H.R 6460 (click here). Access a release from the HOW Coalition (click here).
Tuesday, September 16, 2008
Obama-Biden Propose $5 Billion For Great Lakes
Sep 16: The Obama-Biden campaign have issued a policy paper saying they are committed to Great Lakes restoration. According to the policy paper, the Obama-Biden vision for the future of the Great Lakes will: Provide New Federal Funding of $5 Billion to Jumpstart Great Lakes Restoration; Designate a Great Lakes Coordinator to Prioritize Coordination of Federal, State and Local Agencies; and Ratify and Fully Implement the Great Lakes Compact to Conserve Water and Protect Against Water Diversions. The paper indicates that, "In contrast, Senator John McCain has repeatedly failed to support critical legislation and even opposed measures to preserve the Great Lakes, including cleanup initiatives and projects to prevent sediment pollution. He also opposed funding to complete the Asian Carp Barrier Project to prevent invasive species from reaching the Great Lakes."
The paper says, Barack Obama has a plan to restore the Great Lakes ecosystem and to revive this engine of economic prosperity. His five-point plan for restoring the Great Lakes includes: $5 billion in new federal funds to jumpstart the restoration; an aggressive toxics plan; a Great Lakes Coordinator within U.S. EPA; Zero tolerance policy for invasive species; and, A "no water diversions compact policy that works for the Great Lakes." The $5 billion to establish the trust fund will be generated from rolling back tax breaks and loopholes for big oil and gas companies.
Access the Obama-Biden Great Lakes Policy Paper (click here).
The paper says, Barack Obama has a plan to restore the Great Lakes ecosystem and to revive this engine of economic prosperity. His five-point plan for restoring the Great Lakes includes: $5 billion in new federal funds to jumpstart the restoration; an aggressive toxics plan; a Great Lakes Coordinator within U.S. EPA; Zero tolerance policy for invasive species; and, A "no water diversions compact policy that works for the Great Lakes." The $5 billion to establish the trust fund will be generated from rolling back tax breaks and loopholes for big oil and gas companies.
Access the Obama-Biden Great Lakes Policy Paper (click here).
Friday, September 12, 2008
Beach Sand Often More Contaminated Than Water
Sep 12: According to a release from the U.S. Geological Survey (USGS) recent research has revealed that beach sand contains high concentrations of E. coli and other fecal indicator bacteria, often greatly exceeding the concentration in beach water. Further, there is evidence that beach closings due to elevated fecal indicator bacteria may be linked to these sand populations. Contaminated beach sand, and the complications that it causes for monitoring, are among the leading topics that a group of national experts will discuss in Porter, Indiana at the Great Lakes Beach Association conference on September 16-17.
Richard Whitman, Chief of the Lake Michigan Ecological Research Station, USGS said, "Over the last few years, we've identified an important source of indicator bacteria and how these bacteria may negatively influence recreation, but this is the first time experts have actually met to discuss this issue collectively. Whitman was one of the first to describe these high concentrations of E. coli in sands and to link them to high bacteria counts in water.
Beach water is routinely analyzed for E. coli and other fecal indicator bacteria to determine whether human sewage is present. When bacteria concentrations in water exceed a certain threshold, beaches are typically closed to swimming or swimming advisories are posted. A potential reason for many of these beach closings, and a complication for monitoring efforts is high concentrations of fecal indicator bacteria in beach sand. Bacteria are often present in high concentrations independent of any recent contamination events. Further, bacteria are often re-suspended into the beach water during onshore winds and high waves. The health risk associated with these bacteria is as yet unknown, but preliminary studies are being conducted.
Access a release from USGS (click here).
Richard Whitman, Chief of the Lake Michigan Ecological Research Station, USGS said, "Over the last few years, we've identified an important source of indicator bacteria and how these bacteria may negatively influence recreation, but this is the first time experts have actually met to discuss this issue collectively. Whitman was one of the first to describe these high concentrations of E. coli in sands and to link them to high bacteria counts in water.
Beach water is routinely analyzed for E. coli and other fecal indicator bacteria to determine whether human sewage is present. When bacteria concentrations in water exceed a certain threshold, beaches are typically closed to swimming or swimming advisories are posted. A potential reason for many of these beach closings, and a complication for monitoring efforts is high concentrations of fecal indicator bacteria in beach sand. Bacteria are often present in high concentrations independent of any recent contamination events. Further, bacteria are often re-suspended into the beach water during onshore winds and high waves. The health risk associated with these bacteria is as yet unknown, but preliminary studies are being conducted.
Access a release from USGS (click here).
Great Lakes Regional Collaboration Public Call
Sep 12: The Great Lakes Regional Collaboration (GLRC) Executive Subcommittee invites the public to participate in a discussion on Wednesday, September 17, 2008 from 2:00 PM to 3:30 PM CDT regarding ongoing and planned activities of the GLRC and to share news about actions to implement the GLRC Strategy to Restore and Protect the Great Lakes. Topics for discussion include: Update on GLRC Initiatives; Future actions on GLRC Initiatives; and Updates by Stakeholders. Persons wishing to participate should RSVP as indicated in the details on the public call (See link below). Updates of the updates on the Great Lakes Regional Collaboration Initiatives including: Toxics, Wetlands, Beaches, and Aquatic Invasives are also available on the website.
Access details on the Public Call (click here). Access the GLRC website for links to updates on initiatives and additional information (click here).
Access details on the Public Call (click here). Access the GLRC website for links to updates on initiatives and additional information (click here).
Tuesday, September 9, 2008
Regs To Control Spread Of VHS Warn Of Ballast Water Pathway
Sep 9: The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) issued a Federal Register notice [73 FR 52173-52189] establishing interim regulations to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia (VHS), a highly contagious disease of certain fresh and saltwater fish. In 2005 and 2006, VHS was detected in freshwater fish in several of the Great Lakes and related tributaries. The disease has been responsible for several large-scale die-offs of wild fish in the Great Lakes region. APHIS said the action is necessary to prevent further introductions into, and dissemination within, the United States of VHS. The Interim Rule is scheduled to become effective November 10, 2008, and comments on the interim rule are due on or before November 10, 2008. Comments on the separate environmental assessment (EA) document are due on or before October 9, 2008.
On October 24, 2006, APHIS issued a Federal Order prohibiting the importation of VHS-susceptible species of live fish from two Canadian provinces (Ontario and Quebec) into the United States and the interstate movement of the same species of live fish from the eight States bordering the Great Lakes (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin). At the time the Federal Order was issued, only three States (Michigan, New York, and Ohio) had been affected by VHS within the jurisdictional borders of their States. Following various meetings and consultations, a modified Federal Order was issued which established conditions under which VHS-susceptible species of live fish could be moved from the eight States bordering the Great Lakes.
On May 4, 2007, APHIS modified the Federal Order to allow for the catch-and-release of VHS-susceptible regulated fish in waters that cross State and international boundaries. On November 8, 2007, APHIS modified the Federal Order by revising the list of VHS-susceptible species -- 12 species were removed and 2 added. Currently, there are 28 separate species of fish listed. Finally, on April 2, 2008, APHIS modified the Federal Order to allow VHS-susceptible species of live non-salmonid fish from affected Canadian provinces to be imported into the United States for direct slaughter if accompanied by an APHIS permit.
APHIS indicates that the new interstate movement and importation requirements are discussed in detail in the Interim Rule. It also indicates, ". . . the AHPA authorizes the Secretary of Agriculture to prohibit or restrict the importation or movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of any pest or disease of livestock into or within the United States. Ballast water (i.e., water with its suspended matter taken on board a ship to control trim, list, draught, stability, or stresses of a ship) can be taken onto a ship in its port of origin and discharged into the water body of the ship's destination port, making it a potential pathway for VHS virus. APHIS has neither the regulatory authority nor the technical expertise to safely regulate ballast water discharge. Therefore, we do not address ballast water in this interim rule. APHIS will assist the U.S. Coast Guard, which has clear regulatory authority for ballast water, in their development of ballast water discharge standards."
Access the docket for this action to review and submit comments and access documents including the EA and economic assessment (click here). Access a list of species regulated by the order (click here).
On October 24, 2006, APHIS issued a Federal Order prohibiting the importation of VHS-susceptible species of live fish from two Canadian provinces (Ontario and Quebec) into the United States and the interstate movement of the same species of live fish from the eight States bordering the Great Lakes (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin). At the time the Federal Order was issued, only three States (Michigan, New York, and Ohio) had been affected by VHS within the jurisdictional borders of their States. Following various meetings and consultations, a modified Federal Order was issued which established conditions under which VHS-susceptible species of live fish could be moved from the eight States bordering the Great Lakes.
On May 4, 2007, APHIS modified the Federal Order to allow for the catch-and-release of VHS-susceptible regulated fish in waters that cross State and international boundaries. On November 8, 2007, APHIS modified the Federal Order by revising the list of VHS-susceptible species -- 12 species were removed and 2 added. Currently, there are 28 separate species of fish listed. Finally, on April 2, 2008, APHIS modified the Federal Order to allow VHS-susceptible species of live non-salmonid fish from affected Canadian provinces to be imported into the United States for direct slaughter if accompanied by an APHIS permit.
APHIS indicates that the new interstate movement and importation requirements are discussed in detail in the Interim Rule. It also indicates, ". . . the AHPA authorizes the Secretary of Agriculture to prohibit or restrict the importation or movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of any pest or disease of livestock into or within the United States. Ballast water (i.e., water with its suspended matter taken on board a ship to control trim, list, draught, stability, or stresses of a ship) can be taken onto a ship in its port of origin and discharged into the water body of the ship's destination port, making it a potential pathway for VHS virus. APHIS has neither the regulatory authority nor the technical expertise to safely regulate ballast water discharge. Therefore, we do not address ballast water in this interim rule. APHIS will assist the U.S. Coast Guard, which has clear regulatory authority for ballast water, in their development of ballast water discharge standards."
Access the docket for this action to review and submit comments and access documents including the EA and economic assessment (click here). Access a list of species regulated by the order (click here).
NOAA Has New NOS Great Lakes Regional Coordinator
Sep 8: The Great Lakes Commission (GLC) has announced that in July of 2008, NOAA’s National Ocean Service (NOS) placed Heather Stirratt as the new NOS Great Lakes regional coordinator. Part of NOAA, NOS delivers a dynamic range of nation-wide coastal and Great Lakes scientific, technical, and resource management services in support of safe, healthy and productive oceans and coasts. Ms. Stirratt has worked with NOAA for almost 10 years. She has experience working for the National Marine Fisheries Service as a Fisheries Management Specialist and with NOS as Special Assistant to the Assistant Administrator. The Assistant Administrator for NOS, John Dunnigan, recently stated that, “We know that our mission in the Great Lakes is extensive across NOS programs. We are pleased to offer Great Lake constituents a new way of interacting with us."
As an employee of the NOAA Coastal Services Center, Ms. Stirratt is working to better integrate NOS programs and enhance connections with customers and partners. GLC said the position will be key in building partnership bridges at the local level and elevating NOAA’s Ocean Service's work in the Great Lakes region.
Access the GLC announcement with additional details and contact information (click here). Access the NOAA NOS website for more information (click here).
As an employee of the NOAA Coastal Services Center, Ms. Stirratt is working to better integrate NOS programs and enhance connections with customers and partners. GLC said the position will be key in building partnership bridges at the local level and elevating NOAA’s Ocean Service's work in the Great Lakes region.
Access the GLC announcement with additional details and contact information (click here). Access the NOAA NOS website for more information (click here).
Possible New Methods To Control Spread Of Round Goby
Sep 2: Scientists have discovered that certain chemicals may be useful in slowing the spread of the round goby, an invasive fish species that is threatening parts of the Great Lakes and Mississippi River. When released near the bottom of a river or lake, two fish pesticides are effective in controlling this bottom-dwelling invader, particularly where dissolved oxygen is low, while leaving native species unharmed. Theresa Schreier, lead author of this research, published in the Journal of Great Lakes Research said, "Selective removal of round gobies may be possible with bottom-release pesticides. This work shows the value of understanding how an invasive species differs from native populations in the way that it lives in an ecosystem and basing control measures on a unique vulnerability of the invader."
Researchers at the U.S. Geological Survey (USGS) Upper Midwest Environmental Sciences Center in La Crosse, WI evaluated four currently registered fish pesticides (antimycin, rotenone, 3-trifluoromethyl-4-nitrophenol (TFM), and Bayluscide) for their toxicity to round gobies. Round gobies were sensitive to all four chemicals; unfortunately, the level of sensitivity was similar to native fish species tested. Further testing revealed that formulations of Bayluscide and antimycin that can be released near the bottom of a body of water showed promise as control agents because round gobies did not react or appear to detect the presence of these chemicals.
USGS scientists also evaluated the effect of dissolved oxygen concentrations on toxicity to determine if a modification of the current design of the Illinois Waterway could be an effective tool in the management and control of round gobies. Round goby can withstand low dissolved oxygen concentrations, and during lab tests gobies showed increased sensitivity to bottom-release fish pesticides at lower oxygen levels. Some portions of the Illinois Waterway have low oxygen levels and are mechanically aerated, providing an option to manage a segment of the waterway as an anoxic barrier. USGS said managers could explore the option of maintaining a low dissolved oxygen zone that could be treated with selective fish pesticides to control congregations of the bottom-dwelling round goby.
Access a release from USGS with links to additional information (click here). Access more information on the Invasive Species Research Program at the USGS Upper Midwest Environmental Sciences Center (click here).
Researchers at the U.S. Geological Survey (USGS) Upper Midwest Environmental Sciences Center in La Crosse, WI evaluated four currently registered fish pesticides (antimycin, rotenone, 3-trifluoromethyl-4-nitrophenol (TFM), and Bayluscide) for their toxicity to round gobies. Round gobies were sensitive to all four chemicals; unfortunately, the level of sensitivity was similar to native fish species tested. Further testing revealed that formulations of Bayluscide and antimycin that can be released near the bottom of a body of water showed promise as control agents because round gobies did not react or appear to detect the presence of these chemicals.
USGS scientists also evaluated the effect of dissolved oxygen concentrations on toxicity to determine if a modification of the current design of the Illinois Waterway could be an effective tool in the management and control of round gobies. Round goby can withstand low dissolved oxygen concentrations, and during lab tests gobies showed increased sensitivity to bottom-release fish pesticides at lower oxygen levels. Some portions of the Illinois Waterway have low oxygen levels and are mechanically aerated, providing an option to manage a segment of the waterway as an anoxic barrier. USGS said managers could explore the option of maintaining a low dissolved oxygen zone that could be treated with selective fish pesticides to control congregations of the bottom-dwelling round goby.
Access a release from USGS with links to additional information (click here). Access more information on the Invasive Species Research Program at the USGS Upper Midwest Environmental Sciences Center (click here).
Monday, September 8, 2008
Kucinich Joins Stupak In Call For Compact Review
Aug 20: On August 1, the U.S. Senate approved the Great Lakes – St. Lawrence River Water Basin Resources Compact (S.J.Res. 45) by unanimous consent [See WIMS 8/4/08]. The matter is now in the House of Representatives for consideration. On July 30, the House Committee on the Judiciary, Chaired by Representative John Conyers, Jr. (D-MI), considered a Markup of H.R. 6577, introduced by Representative James Oberstar (D-MN) which would provide approval of the Compact.
While the approval is on a fast-track, there are still concerns from some regarding the public trust doctrine issue and its relationship to international trade agreements such as NAFTA and GATT [See WIMS 7/23/08]. On July 30, U.S. Representative Bart Stupak (D-Menominee, MI) requested comment from two Federal agencies and the International Joint Commission (IJC) on the Great Lakes Compact. In letters sent to the U.S. Department of State, U.S. Trade Representative and the IJC, Stupak asked for response to concerns that have been raised regarding the commercialization of Great Lakes water and the possible applicability of international trade law if the compact were to be enacted [See WIMS 8/4/08]. On August 1, Representative Dennis Kucinich (D-OH) introduced H.R. 6814, which has now been referred to Representative Oberstar's, Transportation & Infrastructure Committee and the Subcommittee on Water Resources and Environment. The Kucinich bill attempts to address the public trust doctrine concern by adding language to the Water Resources Development Act.
On August 20, 2008, Representative Kucinich wrote to Representative Conyers and in a 4-page letter said, "I write with concern about the strength of the Great Lakes Compact. The protection of the Great Lakes from diversions and exports is a laudable and critical goal. However, the Compact contains major loopholes that could allow water to be transferred outside of the Basin and could result in the privatization of Great Lakes waters for commercial sale, thus undermining the intent of the agreement.
"Congress can close the loopholes without sending the Compact back to the State to be ratified again by taking two necessary and complementary actions. The first is to include language in the Committee Report for the Compact [described in detail in the letter] . . . The second is to adopt H.R. 6814, which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language alone cannot. . ."
Access the letter from Representative Kucinich (click here). Access legislative details for H.R. 6814 (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here). Access previous WIMS articles for background on the public trust concerns (click here).
While the approval is on a fast-track, there are still concerns from some regarding the public trust doctrine issue and its relationship to international trade agreements such as NAFTA and GATT [See WIMS 7/23/08]. On July 30, U.S. Representative Bart Stupak (D-Menominee, MI) requested comment from two Federal agencies and the International Joint Commission (IJC) on the Great Lakes Compact. In letters sent to the U.S. Department of State, U.S. Trade Representative and the IJC, Stupak asked for response to concerns that have been raised regarding the commercialization of Great Lakes water and the possible applicability of international trade law if the compact were to be enacted [See WIMS 8/4/08]. On August 1, Representative Dennis Kucinich (D-OH) introduced H.R. 6814, which has now been referred to Representative Oberstar's, Transportation & Infrastructure Committee and the Subcommittee on Water Resources and Environment. The Kucinich bill attempts to address the public trust doctrine concern by adding language to the Water Resources Development Act.
On August 20, 2008, Representative Kucinich wrote to Representative Conyers and in a 4-page letter said, "I write with concern about the strength of the Great Lakes Compact. The protection of the Great Lakes from diversions and exports is a laudable and critical goal. However, the Compact contains major loopholes that could allow water to be transferred outside of the Basin and could result in the privatization of Great Lakes waters for commercial sale, thus undermining the intent of the agreement.
"Congress can close the loopholes without sending the Compact back to the State to be ratified again by taking two necessary and complementary actions. The first is to include language in the Committee Report for the Compact [described in detail in the letter] . . . The second is to adopt H.R. 6814, which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language alone cannot. . ."
Access the letter from Representative Kucinich (click here). Access legislative details for H.R. 6814 (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here). Access previous WIMS articles for background on the public trust concerns (click here).
Wednesday, September 3, 2008
Latest Great Lakes Congressional Review Newsletter
Sep 3: The Northeast-Midwest Institute (NEMWI) has posted its brief, 2-page Great Lakes Congressional Review. The latest issue includes articles on appropriations, the Great Lakes Compact, invasive species, the Great Lakes Legacy Act, the Harbor Maintenance Tax, and Water Quality.
Access the latest issue (click here).
Access the latest issue (click here).
Council Of Great Lakes Governors Newsletter Available
Sep 2: The Council of Great Lakes Governors (CGLG) has released the September 2008 edition of its newsletter -- The Compass. Highlights in the current issue include: A Message from Council Chair, Wisconsin Governor Jim Doyle; Great Lakes Compact Nears Final Approval; News in Brief -- Great Lakes Updates from Washington, DC; Council to Lead Trade Mission to Australia & New Zealand in March 2009; Opportunity Knocks in Southern Africa; GLNA Hosts Michigan Familiarization Tour; and Great Lakes States Awarded Renewable Energy Grants.
Access the latest issue (click here). Access the CGLG website for additional information (click here).
Access the latest issue (click here). Access the CGLG website for additional information (click here).
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