2011 Framework Strategy & USACE Interbasin Study

Dec 16: The Obama Administration today announced a series of new measures to protect the Great Lakes from Asian carp, building on the unprecedented proactive plan to prevent this invasive species from developing self-sustaining populations in the Great Lakes that the Administration established in February 2010.

    The 2011 Asian Carp Control Strategy Framework adds 13 new initiatives to the comprehensive effort to combat Asian carp, including expanding eDNA testing capacity and developing cutting-edge biological controls and monitoring technology, among other measures. The original Framework, created in February 2010 and updated in May, established the Asian Carp Regional Coordinating Committee (ACRCC), consisting of state and municipal agencies, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the U.S. Geological Survey, the U.S. EPA, and the U.S. Coast Guard to synchronize the response to Asian carp.

    The original Asian Carp Control Strategy Framework included 32 Federally-funded initiatives, all of which have been completed or are underway. The 2011 Asian Carp Control Strategy Framework now includes 45 short- and long-term initiatives in an aggressive, multi-tiered strategy to combat Asian carp. New projects in the 2011 Framework include:

• Validation of eDNA as an effective tool for monitoring and tracking Asian Carp through analysis and refinement of the eDNA processes to determine the number and distribution of positive detections of Asian carp.
• Development of eDNA genetic markers to more accurately and efficiently detect Asian carp concentrations.
• Expansion the USFWS lab in LaCrosse, WI to increase capacity of eDNA testing in all of the Great Lakes.
• Development of alternate trap and net designs for Asian carp.
• Development of rapid genetic-based methods to detect Asian carp to allow for faster results than eDNA.
• Evaluation of the affect of removing Asian carp food sources by reducing phosphorus and nitrogen from waste water treatment plant discharges into the CAWS/Upper Illinois Watershed.
• Assessment of the impact of steel hulled barges on the electric barriers.
• Evaluation of a permanent separation between the Wabash-Maumee watersheds.

    In a related matter, the United States Army Corps of Engineers (USACE), in consultation with other Federal agencies, Native American tribes, state agencies, local governments and non-governmental organizations, announced more meetings and public hearing opportunities as part of the Great Lakes and Mississippi River Interbasin Study (GLMRIS) pursuant to Section 3061(d) of Water Resources Development Act of 2007 [See WIMS 11/16/10]. GLMRIS is exploring options and technologies, collectively known as aquatic nuisance species (ANS) controls, that could be applied to prevent ANS transfer between the Great Lakes and Mississippi River basins through aquatic pathways.

 

    As part of the GLMRIS a series of NEPA public scoping meetings will be held in both basins during January and February 2011, along with the opportunity to submit comments online through March 31, 2011 [extended from previous 2/28/11]. Persons wishing to speak at the meetings need to"Register to Speak" which also can be done online. Two meetings are scheduled for Michigan: Traverse City, January 27; and Ann Arbor, February 3. Specific venues will be announced soon.

 

    Access the ACRCC website (click here). Access a release on the new 2011 Framework (click here). Access the complete 2011 Framework (click here). Access the GLMRIS website for complete information on the study (click here). Access complete information on the NEPA scoping meeting including registration, commenting, contacts, available materials and more (click here).

MI & States Appeal Asian Carp PI Denial

MI & States Appeal Asian Carp PI Denial - Dec 16: Michigan Attorney General Mike Cox announced his office has filed a notice of appeal from the first preliminary court ruling in his lawsuit to stop the advance of Asian carp into the Great Lakes. Attorneys general from Wisconsin, Minnesota, Ohio and Pennsylvania signed on to Michigan's notice, which was filed December 16, in Federal District Court in Chicago. The Great Lakes states are appealing a December 2, 2010 ruling that denied Michigan's motion for preliminary injunction (PI), which called for several immediate actions.  

    Cox said, "Although our suit continues to move forward, the urgent threat that Asian carp pose requires that we aggressively pursue this preliminary injunction. Until the federal government takes effective action, Michigan and our Great Lakes partners will take full advantage of every opportunity we have to ensure our livelihood is not destroyed by Asian carp."

    The notice of appeal filed today requests the 7th Circuit Court of Appeals review the district court ruling of December 2, 2010. In that ruling, Federal District Court Judge Robert M. Dow, Jr. denied Michigan's motion for preliminary injunction, which called for the temporary closure of the O'Brien and Chicago Locks and blocking other pathways in the Chicago water system, except as needed to protect public health and safety, among other actions. Cox indicated that the need for the preliminary injunction, which would stop Asian carp as the rest of the suit is considered, was made clear by the recent capture of a live bighead carp beyond any current barriers. Meanwhile, the preliminary ruling did not halt consideration of the merits of the Great Lakes states' lawsuit. A status conference scheduled for January 7, 2011 will determine future proceedings at the district court level. 

 

    Attorneys general from Wisconsin, Minnesota, Pennsylvania and Ohio first joined Cox in filing his lawsuit on July 19, 2010, due to what he said was "the Army Corps' dismal record of inaction in confronting Asian carp." The lawsuit calls for the Corps to use all available efforts to block Asian carp passage in the waterways linked to Lake Michigan, subject to exceptions to prevent flooding, allow access for emergency responders and any other action necessary to prevent serious threats to public health and safety. 

 

    The Permanent Prevention of Asian Carp Act and the CARP Act, both sponsored by U.S Representative Dave Camp (R-MI), still await action by Congress [See WIMS 6/30/10]. The legislation mirrors Michigan's motion for preliminary injunction, calling for temporary closure of the locks to protect the Great Lakes and requiring the U.S. Army Corps of Engineers to expedite a study to determine the best way to permanently separate the Mississippi River Basin from Lake Michigan. Earlier this year, Cox petitioned the U.S. Supreme Court to intervene and address the threat of Asian carp. The Supreme Court declined the take up the case but did not rule on the merits of the legal claims by Michigan and other Great Lakes states.

 

    Access a release from the Attorney General (click here).

President Signs Asian Carp Prevention & Control Act

Dec 14: President Obama signed into law a bill authored by Senator Carl Levin (D-MI), that will aid in the fight against the further spread of Asian carp in the United States. The Asian Carp Prevention and Control Act, S.1421, will add the bighead carp species of Asian carp to a list of injurious species that are prohibited from being imported or shipped in the United States under the Lacey Act [See WIMS 12/1/10]. The Senate approved the bill in November. Levin introduced the bipartisan bill in July 2009 with Senator George Voinovich (R-OH). Levin and Voinovich co-chair the Senate Great Lakes Task Force.

    Senator Levin said, "This law is an important step in the effort to keep Asian carp out of the Great Lakes," These fish pose a real, clear and growing threat to the Great Lakes and I will continue working to ensure tools like the Asian Carp Prevention and Control Act and others will be available as we counter this threat. The devastating effects Asian carp could have on the Great Lakes are not fully known, and I want to make sure they are never realized."

    The Asian Carp Prevention and Control Act will list the bighead carp as injurious wildlife under the Lacey Act, which was originally passed by Congress in 1900 and amended in 1981. Listing the bighead species of Asian carp under the Lacey Act will help prevent the intentional introduction of the species by prohibiting the interstate transportation or importation of live Asian carp without a permit. Senator Levin indicated in a release that the legislation will not interfere with existing state regulations of Asian carp, and it will allow states to issue permits to transport or purchase live Asian carp for scientific, medical or educational purposes. The Fish and Wildlife Service has already listed other species of Asian carp as injurious under the Lacey Act.

    Access a release from Senator Levin (click here). Access legislative details on S.1421 (click here). Access more information on the Lacey Act from the U.S. Fish and Wildlife Service (click here).

Strategies For Conserving Lake Huron Biodiversity

Nov 29: A new report and strategic plan compiled by conservation experts in the United States and Canada and released by The Nature Conservancy indicates that the health of Lake Huron's biological diversity is in "fair" condition, but the long-term outlook could be a different story. The report, The Sweetwater Sea: Strategies for Conserving Lake Huron Biodiversity, assesses the current health of the lake's biological diversity and examines what current trends could mean for the future of the lake. According to the report, habitat degradation and loss to incompatible development present major stressors that may impact the lake's long-term health for people and nature.

    Dr. Patrick Doran, The Nature Conservancy's director of science for Michigan and the Great Lakes said, "Lake Huron is really on the brink of recovery or further degradation, depending on how you look at it and what actions may transpire in the next 10 to 20 years. This report stresses that now is the time to take action before it's too late." According to the report, the most critical threats to Lake Huron's biodiversity are: invasive species, incompatible development, climate change, dams and other barriers to water flow, and pollution from industrial and other sources. The experts ranked the scope and severity of the threats and matched strategies for abating those threats to priority areas.

    The top five areas of high concern, based on their concentration of biodiversity coupled with threats, are: northeast Michigan, Saginaw Bay, eastern Georgian Bay, southern Georgian Bay and the southeast shores of Lake Huron. The Lake Huron planning process followed a similar model that resulted in a strategic plan for Lake Ontario in 2009. That report then led to the prioritized action of public agencies and private organizations working to strengthen the health of Lake Ontario. The Nature Conservancy and partners will next develop biodiversity plans for Lake Erie and Lake Michigan through The Nature Conservancy's Great Lakes Project.

    Access a lengthy release from The Nature Conservancy (click here). Access a full copy of the report and an abridged, reader-friendly version (click here).

Great Lakes Mayors Support Industry "Green Marine" Program

Dec 10: Canadian and U.S. mayors from cities around the Great Lakes and the St. Lawrence River passed a resolution to support "Green Marine," an environmental program established by the marine shipping industry. Green Marine is a bi-national, voluntary program that aims to improve participants' environmental performance beyond regulatory compliance by introducing best practices, reduction targets and/or new technologies to improve their record in areas such as invasive species, air emissions and greenhouse gases, cargo residues, oily waters, conflicts of use within Ports and environmental leadership.
 
    The Great Lakes and St. Lawrence Cities Initiative, a bi-national collaboration of mayors and local officials dedicated to the protection and restoration of the waterways, today endorsed the program and agreed to become an official supporter of Green Marine. David Bolduc, executive director of Green Marine, said the resolution would help foster greater communication between the marine shipping industry and cities and communities around the Great Lakes-St. Lawrence region on its environmental improvements and would also aid in his efforts to recruit new participants.
 
    Bolduc said, "We have over 100 industry participants, partners and supporters and we are now working to extend that participation even deeper into the Great Lakes-St. Lawrence system and beyond. This endorsement further enhances the credibility of the program. We have already had federal and provincial governments as supporters and we are pleased to add mayors from cities around the Great Lakes and St. Lawrence River to that list." Established in 2008, the Green Marine program has been nominated for a Sustainable Shipping Award and has received formal support from environmental groups like the World Wildlife Fund and Ducks Unlimited. 
 
    Access a release from American Great Lakes Ports Association (click here). Access the Green Marine website (click here). Access the Great Lakes and St. Lawrence Cities Initiative website for more information (click here).

EPA & Partners Finish Ottawa River Legacy Act Cleanup

Dec 9: U.S. EPA announced that the Great Lakes Legacy Act project to clean up a 5½-mile stretch of the Ottawa River and Sibley Creek is finished. The completion of this project marks further progress in the cleanup of the Maumee River Area of Concern (AOC), a key priority under the Great Lakes Restoration Initiative (GLRI). The Agency and officials will make the official announcement at an event scheduled for Monday, December 13, at 11:30 AM.

 

    The project involved the removal of some 250,000 cubic yards of sediment contaminated with heavy metals, PCBs and PAHs (polychlorinated biphenyls and polyaromatic hydrocarbons). About 10,000 cubic yards were removed from Sibley Creek and another 240,000 cubic yards was removed from the Ottawa River in Toledo, OH. The sediment from the river will be hydraulically dredged and transported through a pipeline to the nearby Hoffman Road Landfill. Some "hot spots," with excessive levels of PCBs, about 7,000 cubic yards of sediment, were dredged and taken to a specially licensed facility for disposal.

 

    Access an announcement from EPA (click here). Access the project website (click here). Access more information on the GLRI (click here).

May 2010 Sampling Finds No Asian Carp In Little Calumet River

Dec 7: A rotenone rapid response, known as Operation Pelican, was completed on a 2.6-mile section of the Little Calumet River in Chicago immediately downstream of the T. J. O'Brien Lock and Control Works during May 19-28, 2010. The treatment zone measured 173 surface acres and it included the river main stem from O'Brien Lock and Dam to the Beaubien Woods Forest Preserve boat launches, the mouth of the Grand Calumet River, and the Marine Services Corporation Marina. The primary purpose of the response was to determine the abundance of bighead and silver carp (Asian carp) in this portion of the Chicago Area Waterway System (CAWS) that had previously produced multiple positive detections for Asian carp environmental DNA.  The Fish Identification and Enumeration Branch processed all fish recovered during the operation. No bighead or silver carp were recovered or observed during the operation.

 

    Access an overview and link to maps of the sampling site (click here). Access the 7-page report of the sampling (click here).

Asian Carp Prevention & Control Act Goes To President

Dec 1: The U.S. House of Representatives gave approval to a bill authored by Senator Carl Levin (D-MI), which would aid in the fight against the further spread of Asian carp in the United States. The Asian Carp Prevention and Control Act, S.1421, would add the bighead carp species of Asian carp to a list of injurious species that are prohibited from being imported or shipped in the United States under the Lacey Act. The Senate passed the bill in November [See WIMS 11/18/10], and it now goes to President Obama for his signature. Levin introduced the bipartisan bill in July 2009 with Senator George Voinovich (R-OH). Levin and Voinovich co-chair the Senate Great Lakes Task Force. 

    Levin said, "The U.S. Congress took an important step today in the effort to keep Asian carp out of the Great Lakes. These fish pose a real, clear and growing threat to the Great Lakes and I will continue working with my colleagues to ensure tools like the Asian Carp Prevention and Control Act and others will be available as we counter this threat. The devastating effects Asian carp could have on the Great Lakes are not fully known, and I want to make sure they are never realized."

    The Asian Carp Prevention and Control Act would list the bighead carp as injurious wildlife under the Lacey Act, which was originally passed by Congress in 1900 and amended in 1981. Listing the bighead species of Asian carp under the Lacey Act would help prevent the intentional introduction of the species by prohibiting the interstate transportation or importation of live Asian carp without a permit. This legislation would not interfere with existing state regulations of Asian carp, and it would allow states to issue permits to transport or purchase live Asian carp for scientific, medical or educational purposes. The Fish and Wildlife Service has already listed other species of Asian carp as injurious under the Lacey Act. 

 

    Access a release from Senator Levin (click here). Access legislative details on S.1421 (click here).

Latest Council Of Great Lakes Governors Newsletter

Dec 1: The Council of Great Lakes Governors (CGLG) has released the December 2010 edition of its newsletter, The Compass. Highlights in the issue include: A Message from Council Co-Chair Wisconsin Governor Jim Doyle; Regional Body and Compact Council to Hold Meetings on December 8th; Council Trade Mission Targets South Africa; Great Lakes Exporters Assist in Chile Mine Rescue; Great Lakes of North America Participates in German-Focused Trade Show; Council on the Move-December 2010; and Strickland Completes Successful Co-Chairmanship.

 

    Access links to the current and back issues (click here).

Senate Passes Asian Carp Prevention & Control Act

Nov 17: The U.S. Senate gave approval to a bill authored by Senator Carl Levin (D-MI), which would aid in the fight against the further spread of Asian carp in the United States. The Asian Carp Prevention and Control Act, S.1421, would add the bighead carp species of Asian carp to a list of injurious species that are prohibited from being imported or shipped in the United States under the Lacey Act. Senator Levin introduced the bipartisan bill in July 2009 with Senator George Voinovich (R-OH) his co-chair on the Senate Great Lakes Task Force. A companion bill introduced in the House by Representative Judy Biggert (R-IL), is currently pending in the House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security. The bill must be approved by the House before signed into law by the president.

    Levin said, "Asian carp pose a real, clear and growing threat to the Great Lakes, but this bill will add to the arsenal of tools we have to combat them. The devastating effects Asian carp could have on the Great Lakes are not fully known, and I want to make sure they are never realized. I will work with my House colleagues to ensure this bill is sent to the president as soon as possible so it can take effect expeditiously."

    The Asian Carp Prevention and Control Act would list the bighead carp as injurious wildlife under the Lacey Act, which was originally passed by Congress in 1900 and amended in 1981. Listing the bighead species of Asian carp under the Lacey Act would help prevent the intentional introduction of the species by prohibiting the interstate transportation or importation of live Asian carp without a permit. Levin indicated in a release that the legislation would not interfere with existing state regulations of Asian carp, and it would allow states to issue permits to transport or purchase live Asian carp for scientific, medical or educational purposes. The Fish and Wildlife Service has already listed other species of Asian carp as injurious under the Lacey Act.

    Access a release from Sen. Levin with additional information (click here). Access legislative details on S.1421 (click here). Access legislative details on H.R.3173 (click here).

Groups Say Company Is Misleading On Nuclear Shipments

Nov 15: A release from the Canadian Coalition for Nuclear Responsibility and several U.S. non-governmental organizations accuses Bruce Power (BP) of misleading the public, the media and decision-makers about the kind of contamination inside the cargo of 16 radioactive steam generators it plans to ship to Sweden [See WIMS 9/17/10], by neglecting to state that it is mainly plutonium. The company proposes to ship the sixteen, 100 tonne steel radioactive steam generators, from Owen Sound, through Georgian Bay, Lake Huron, Lake Erie, Lake Ontario and the St. Lawrence and out into the Atlantic to Sweden for reprocessing.

 

    The proposal has been met with concerted opposition from over 100 municipalities and aboriginal communities along the route, as well as from more than 70 NGOs. In response to this public outcry, the Canadian Nuclear Safety Commission (CNSC) held a public hearing in September with 79 intervenors. According to the release, the outpouring of concern at that hearing led CNSC to extend the comment period for intervenors to give added input until November 22 -- an unexpected and unprecedented development.

 

    Most of the intervenors want Bruce Power to cancel the shipment and return to the original plan as laid down in a 2006 Environmental Assessment -- to store the steam generators on site indefinitely as radioactive waste along with all the other radioactive waste materials produced by the Bruce reactors.

 

    The groups said if the company insists on pushing forward with its proposal, intervenors feel strongly that there must be an environmental assessment of the entire project, including "not only the initial transport to Sweden but the recycling of the radioactive metal and the return back to Canada of up to 30 percent of the original waste."

 

    Access a release from the groups (click here).

Corps Announces EIS Process For ANS Control Interbasin Study

Nov 16: The Chicago District, U.S. Army Corps of Engineers (USACE) announced in the Federal Register [75 FR 69983-69985] its intent to: (1) prepare a Draft EIS; (2) accept public comments; and (3) host a public scoping meeting in Chicago for the Great Lakes and Mississippi River Interbasin Study (GLMRIS). In collaboration with other Federal, state, and local agencies as well as non-governmental entities, USACE is conducting a feasibility study of the options and technologies that could be applied to prevent or reduce the risk of aquatic nuisance species (ANS) transfer between the Great Lakes and Mississippi River basins through aquatic pathways. The National Environmental Policy Act (NEPA) scoping period ends on February 28, 2011. The first NEPA Public Scoping meeting for GLMRIS is scheduled for December 15, 2010 in Chicago. Additional scoping meetings in other cities will be announced later.

 

    According to the announcement, the Mississippi River and Great Lakes Basins are connected by man-made channels that, in the past, exhibited poor water quality, which was an impediment to the transfer of organisms between the basins. Now that water quality has improved, these canals allow the transfer of both indigenous and nonindigenous invasive species. Potential ANS controls may include, but are not limited to, hydrologic separation of the basins, waterway modifications, selective barriers, etc. USACE will accept comments related to GLMRIS until February 28, 2011.

 

    Access the FR announcement (click here). Access the GLMRIS project website for further information and to submit comments (click here).

Great Lakes Commission Urges OMB To Continue Base Funding

Nov 12: The Great Lakes Commission (GLC) has called on the Obama Administration to maintain a strong foundation for ongoing management and conservation of the Great Lakes in its FY 2012 budget proposal. In correspondence sent to the acting director of the Office of Management and Budget (OMB), GLC Chair James Tierney emphasized that both the Administration and Congress have stated clearly that special funding provided under the Great Lakes Restoration Initiative (GLRI) is intended to supplement, not supplant, base funding for regional and national programs that support continued management of the Great Lakes [emphasis in original].

 

    The Commission continues to strongly support the GLRI, which is implementing a comprehensive restoration plan built on the priorities of the region's governors and broadly endorsed by local governments, tribes, business and industry, and conservation groups. The Initiative addresses specific restoration priorities, however, and does not take the place of, or lessen the need for, base Federal programs that ensure the effective use and conservation of the Great Lakes. The President's FY 2012 budget proposal is being prepared by OMB and will be submitted to Congress in February 2011. The GLC letter asks that OMB and the Great Lakes Interagency Task Force honor the "clear intent of Congress and the Administration that funding for base Great Lakes programs be maintained at 2009 levels as the GLRI moves forward."

 

    GLC points out that when Congress approved FY 2010 appropriations it directed U.S. EPA to "work with the other Federal agencies to ensure [GLRI] funds supplement and expand, not supplant, base Great Lakes programs when compared to fiscal year 2009 levels." Similarly, the GLRI Action Plan, adopted by the Great Lakes Interagency Task Force in February 2010, states that "agencies must assure that they continue to support their existing base program activities in the Great Lakes and that added Initiative support will not be used to supplant their existing base funding."

 

    Access a release from GLC (click here). Access more information on the GLC's regional advocacy program for the Great Lakes (click here).

Great Lakes Beach Association Conference Presentations

Nov 12: The Great Lakes Commission (GLC) has announced that the extensive presentations from the 10th annual Great Lakes Beach Association Conference held October 19-22, 2010, at the Tom Ridge Environmental Center in Erie, PA are now available. The Great Lakes Beach Association (GLBA) is presently made up of members from Ohio, Michigan, Indiana, Illinois, Wisconsin, Environment Canada and several mid-west universities and non-government agencies. Local, county and state public health, regulatory agencies, coordinating agencies, researchers and environmental groups are among the groups involved.

 

    Access the website for the 10th annual conference and link to the agenda, speaker bios, presentations and poster abstracts (click here). Access the Beach Association website for more information (click here). 

Officials Celebrate Completion Of Asian Carp Barricades

Oct 29: U.S. Representatives Judy Biggert and Daniel Lipinski, officials from the White House Council on Environmental Quality and the office of Senator Richard Durbin joined the U.S. Army Corps of Engineers (USACE), U.S. EPA, Metropolitan Water Reclamation District of Greater Chicago; Illinois Department of Natural Resources, and Cook, DuPage and Will counties at a ribbon cutting to mark the completion of barricades along the Des Plaines River and I&M Canal. The project was designed and constructed by the US Army Corps of Engineers and funded through the U.S. Army Environmental Protection Agency as part of the Great Lakes Restoration Initiative.

 

    The measures are intended to reduce the risk of Asian carp being swept from the Des Plaines River and I&M Canal into the Chicago Sanitary and Ship Canal (CSSC) during heavy rains and flooding. The Des Plaines River barricade, a project completed on time and under budget, consists of concrete barriers and a specially fabricated wire mesh that allows water to flow through the fence but prevents the passage of fish. The fence extends approximately 13 miles from Romeoville, IL to Willow Springs, IL. The completion of this project marks yet another milestone met in the framework laid out by the Asian Carp Regional Coordinating Committee (ACRCC).

 

    The U.S. Army Corps of Engineers has been operating a system of electric barriers near Romeoville, IL to prevent invasive species, including Asian carp, from migrating into Lake Michigan via the CSSC. The Water Resources Development Act of 2007 directed the U.S. Army Corps of Engineers to maximize the effectiveness of the barrier system by conducting a study of a range factors that could potentially reduce the efficacy of the Electrical Dispersal Barriers. The first report USACE completed under this authority identified areas of potential bypass upstream of the electric barriers during flooding and recommended construction of this barricade along the Des Plaines River, along with a stone blockage in the I&M Canal.

 

    Colonel Vincent Quarles, commander, USACE Chicago District said, "Construction of these measures is crucial to reducing the risk of Asian carp bypassing the barriers. The electric barriers focus on the largest, most direct, pathway. Now, we have measures in place to reduce the possibility of Asian carp entering the CSSC via those flanking waterways."

 

    Access a release with further details from the ACRCC (click here). Access the ACRCC website for additional information (click here).

MDNRE Draft Asian Carps Control Plan For Michigan

Oct 27: Charged with developing a draft plan for Michigan to address potential monitoring and assessment needs for Asian carps, the Michigan Department of Natural Resources and Environment (MDNRE) Fisheries Division Management Team quietly released their report. MDNRE indicates that the plan is not intended as a rapid response plan, but rather as the beginning of a comprehensive strategy for addressing the threat of Asian carps dispersing, or being introduced, into Michigan waters. According to an announcement posted on the Asian Carp Regional Coordination Committee (ACRCC) website, the questions the Fisheries Division Asian Carps Working Group attempt to address in the draft plan include the following:

• What does the Department need to do to adequately address the threat of Asian carp species invading Michigan waters? 
• What sampling strategies are appropriate in addressing this threat? 
• What should our response be if Asian carps, either isolated individuals or abundant populations, are detected in Michigan waters?
• What are the pros and cons of various possible management strategies?
• What types of resources (both financial and human) are necessary to adequately address this threat? 

    The Fisheries Division Asian Carps Working Group ((D. Clapp, J. Mistak, K. Smith, M. Tonello) that developed the draft plan said, "Within this report, common strategies are combined under five goals: prevention, communication, detection, assessment, and management. These goals are presented in what our group feels to be the priority order for management action. Prevention and communication are of immediate importance. If Asian carps are detected in Michigan waters, then we will be forced to undertake assessment and management actions. We restricted ourselves almost entirely to analysis and documentation of strategies and actions that could be directly implemented by MDNRE and other Michigan agency staff. So, while our group feels that implementing ecological separation (for example, between Lake Michigan and the Mississippi River system) is probably the strategy with the highest likelihood of success, we did not directly include this as a strategy within our plan since the MDNRE cannot independently implement separation. Likewise, while political action has some likelihood of success in preventing Asian carps from reaching Michigan, such action is not directly within our scope of authority. . .

 

    "Our group feels that the Department should begin as soon as possible to act on the recommendations outlined in this report. To facilitate such action, we have highlighted the following strategies that our group feels are most critical to immediately addressing the threat of introduction of Asian carps to Michigan waters." Among the recommendations to be implemented immediately are the formation of a Michigan Asian Carps Task Group, with initial membership coming from MDNRE and Michigan Department of Agriculture (MDA), the launch of a public education campaign and quick implementation of an effective surveillance plan.

 

    Access the announcement (click here). Access the MDNRE 69-page proposed plan (click here).

Report Calls For Adoption Of "Climate-Ready" Strategies

Oct 29: A report released by the National Wildlife Federation (NWF) indicates that to combat the impacts of rising temperatures caused by global warming, communities across the Great Lakes region have begun putting in place strategies to protect people, wildlife and the Lakes themselves. Melinda Koslow, regional campaign manager of NWF's Great Lakes Regional Center said, "Rising temperatures and more severe storms are already having profound impacts on people, wildlife and communities. For the first time, we are seeing communities adopting innovative strategies to safeguard from climate change our economy, public health, quality of life and natural resources like the Great Lakes."
 
    The report, Improving the Odds: Using Climate-Readiness to Reduce the Impacts of Climate Change on the Great Lakes Ecosystem, documents the efforts of cities, businesses, scientists and resource managers to craft strategies to adapt to rising temperatures. Koslow said, "Being ready for effects of climate change is emerging as the next step for Great Lakes protection. Confronting climate change will require the nation to enact a clean energy plan that reduces global warming pollution, but there is more to the story: We need to help the Great Lakes and our communities adapt to the changes in climate we're already experiencing and that will get worse."
 
    The report chronicles a diverse set of case studies -- from the Apostle Islands National Lakeshore, where safety issues from thinning ice on the seasonal Madeline Island Ice Road over Lake Superior will require the implementation of a public warning system and emergency plan, to Milwaukee, WI, where city managers, scientists and public health managers are collaborating to update the city's sewer system based on the impact different climate and weather scenarios will have on the system. The report notes that while cities such as Chicago, Milwaukee, Toronto, and Quebec City, Canada, have crafted city-wide adaptation plans, more needs to be done. The report calls for the widespread adoption of so-called "climate-ready" strategies.
 
    Access a release from NWF and link to the complete 60-page report (click here).

$900,000 For Great Lakes Coastal Observing System

Oct 28:  In order to restore the Great Lakes and accomplish work set out in the President's Great Lakes Restoration Initiative (GLRI) Action Plan, NOAA and many other partners are creating a comprehensive system of observations for the Great Lakes.  With funds from GLRI, NOAA awarded nearly $900,000 to the Ann Arbor based Limnotech, Inc to take the lead the effort in creating the archetype for the near-term implementation of the Great Lakes coastal observing system. On October 13, Limnotech started the work and services required to provide a comprehensive near-term design to provide data on the physical, chemical and biological parameters necessary for effective resource management in support of remediation, restoration and conservation actions through the Great Lakes Restoration Initiative. The final product, due out in the Winter of 2011, will include the design, trade studies and price and schedule for the implementation of near term design architecture and alternatives for the phased implementation over the first five years.

            The Ann Arbor based Limnotech will work closely with the NOAA Integrated Ocean Observing System, the Great Lakes Observing System (GLOS) and the NOAA Great Lakes Environmental Research Laboratory (GLERL) and its experienced project team.  LimnoTech's project team is comprised of Applied Science Associates, Clarkson University, Michigan Tech Research Institute, and the University of Minnesota-Duluth. Joe DePinto from Limnotech said, "Together this team has the depth and breadth of expertise and experience to cover all aspects of providing a comprehensive design – observation technology, observation network design and implementation, data management and communication, data analysis and modeling, and data/products and services development and delivery."

 

    Access a release from NOAA with further details (click here). Access the GLERL website for more information (click here). Access the GLRI website for more information (click here).

Administration Meeting Draws Great Lakes Wind Advocates

Oct 27: The White House Council on Environmental Quality (CEQ) and the U.S. Department of Energy (DOE) hosted a workshop with the Great Lakes Wind Collaborative (GLWC) in Chicago on October 26 – 27, 2010, focused on the siting of offshore wind power in the Great Lakes. The two day workshop brought together wind developers, Federal and state regulators, environmental advocates, and other regional stakeholders to discuss methods for ensuring greater clarity, certainty and coordination of Federal and state decision-making for offshore wind development in the Great Lakes.

 

    CEQ Chair Nancy Sutley said, "President Obama has made an unprecedented commitment to renewable energy development in the United States. Increasing our wind power generation is a critical component to building greater energy independence and creating jobs here at home. We must improve and increase the lines of communication to bring wind development in the Great Lakes closer to fruition."

 

    According to a release, more than 100 people participated in the workshop, including representatives from Federal agencies, state governments, energy companies, state Public Service Commissions, wind developers and manufacturers, non-profit organizations and other industry experts. The workshop offered participants an opportunity to: learn more about the role of various Federal agencies in the siting of offshore wind power in the Great Lakes; and clarify the process by which developers, states and other stakeholders can engage federal and state regulators in offshore wind development in the Great Lakes. The workshop concluded with these stakeholders charting a path forward to develop a collaborative process to achieve greater clarity and certainty during Federal decision making with regard to offshore wind development in the Great Lakes.

 

    Access a joint release from the agencies (click here). Access the GLWC website for more information (click here).

NRDC Detailed Study Proposes Solution To Asian Carp Problem

Oct 20: A new report by the Natural Resources Defense Council (NRDC) calls for building two strategically-placed barriers between the Great Lakes and Chicago River which they say could open the door to a revitalized waterway and surrounding communities,  while effectively shutting the door on Asian carp. The report investigates a variety of hydrological separation scenarios in order to determine the best way to fix both the Asian Carp crisis and the litany of issues associated with Chicago's aging water infrastructure through one smart solution. The 70+ page technical document has been summarized into a six-page briefing.

 

    NRDC Midwest Program Director Henry Henderson, who also served as the City of Chicago's first Commissioner of the Environment said, "The Carp crisis illuminates how unacceptable conditions are on the Chicago River. It is clear that the public is ready to re-imagine the waterway rather than accept an aging invasive species superhighway and open sewer status quo. We believe this report moves that process forward."

    The report, Re-Envisioning the Chicago River: Adopting Comprehensive Regional Solutions to the Invasive Species Crisis, studies the impact a separation would have in the complicated Chicago Area Waterway System (CAWS). It builds upon previous studies of potential separation sites in the CAWS and draws from a variety of city, state and federal data sources. The study was prepared with engineers from Shaw Environmental in partnership with NRDC with input from City, State, and Federal agency stakeholders. It is presented as the first big step in an iterative process to find a solution to the invasive species and Chicago River issues and is meant to inform the broader public discourse.

    In analyzing the local hydrology, the Shaw engineers determined that any rainfall over 0.67 inches would cause flooding and water quality problems due to infrastructure limitations. Shaw then evaluated possible separation sites based on their potential to rebuff invasive species as well as minimize storm impacts, focus investment in water quality improvements, leave recreational boat traffic largely unaffected, and spur the use of green infrastructure to help address the sewer capacity issues while bringing significant aesthetic and functional benefits to neighborhoods. Shaw's green infrastructure modeling showed that planting trees, bioswales and installing rain gardens or rain barrels could lead to substantial reduction in stormwater loads to the CAWS. 

    The report recommends barriers be placed at the Racine Pumping station on Bubbly Creek near the Bridgeport neighborhood and at the Calumet Wastewater Treatment Facility on the Cal-Sag Channel on the City's far southeast side. The report notes that separation would likely spur other positive outcomes, including fewer flooded basements and a cleaner river. NRDC believes it would also spur significant infrastructure investment. Coincidentally, this week, the Illinois Pollution Control Board is holding the final hearings in their historically-long proceedings on the decontamination of the Chicago River which could also force significant changes to the way the wastewater that makes up most of the river's flow is managed.

    One significant concern raised in the report is the potential impact that the barrier placement could have on navigation. Recreational boats will be largely unaffected by the barrier locations. Subsequent studies will have to look more closely at the movement of goods on the CAWS as the barrier in the Cal-Sag channel could limit some barge traffic. However, the report notes that this could lead to the development of a new intermodal facility that would better tie the waterways to the region's rich transportation infrastructure. Only 1% of goods moving through the Chicago area move through the CAWS. Better integration with roads and rails could actually spur commerce on the river.

    In a related matter, the Indiana Department of Natural Resources (IDNR) issued a release regarding the construction of a 1,177-foot main fence and a supplemental 494-foot debris catch fence that began in early September and was completed on Tuesday (October 19). The IDNR took a lead role in the fence project after identifying Eagle Marsh as a potential pathway for Asian carp to move from the Wabash River system into the Maumee River, a tributary to Lake Erie. Although the Wabash and Maumee basins drain in opposite directions and have no direct connection under normal conditions, their waters do comingle under certain flood conditions in Eagle Marsh, a 705-acre restored wetland near Fort Wayne.

    Access a release from NRDC (click here). Access the 6-page briefing document (click here). Access an NRDC website on the report (click here). Access a release from IDNR (click here).

Closing Arguments In Asian Carp Case In Chicago

Oct 18: According to media reports, "The reliability of DNA [eDNA] testing suggesting Asian carp may already be in waterways near Lake Michigan was the focus of final arguments Monday in a lawsuit seeking the closure of Chicago-area shipping locks to halt the spread of the invasive fish." The Judge is expected to rule on the matter within several weeks [See WIMS 9/8/10]. 

 

    Noah Hall, author of the Great Lakes Law blog reported that the oral argument in State of Michigan, et al. v. U.S. Army Corps of Engineers, et al., Case No. 1:10-cv-04457 (N.D. Ill.), was likely the final court hearing in a series of hearings held by District Judge Robert M. Dow to allow a full airing of the legal and factual issues relevant to the motion filed by the Great Lakes States (Michigan, Wisconsin, Minnesota, Ohio, and Pennsylvania) for a preliminary injunction against the Army Corps and the Metropolitan Water Reclamation District of Greater Chicago (MWRD). The states are seeking short-term measures, such as a temporary closure of the navigational locks connecting the Chicago Area Waterway System (CAWS) to Lake Michigan, to head off the imminent threat of an Asian carp invasion. Hall reports that, "As their ultimate remedy in the case, the States seek an order compelling expedited review of permanently separating the Great Lakes and Mississippi River, to prevent invasive species from using the CAWS as a highway to travel in both directions."
 

    The UnLock Our Jobs coalition, a project of the Chemical Industry Council of Illinois which is dedicated to protecting the waterway connection between the Great Lakes and the Mississippi River issued a release saying, "The closing arguments provided by the plaintiff state attorneys general this week reiterate that their case depends entirely on unproven eDNA testing methods and the discovery of a single fish in Lake Calumet, likely transported by humans. Throughout the trial, the Great Lakes Attorneys General have failed to produce any evidence to support their claim that continued operation of the locks poses a public nuisance."

    Mark Biel, executive director of the Chemical Industry Council of Illinois and chair of the Coalition said, "This frivolous lawsuit has only shed more light on the state's complete lack of evidence supporting lock closure," said The plaintiff's case is based on flawed arguments. There is no evidence the barriers in the Chicago Area Waterway System have failed, no evidence that economic or ecological harm to the Great Lakes is imminent and most importantly, no evidence that lock closure would reduce the risks to the Great Lakes. So while the Army Corps of Engineers and other government agencies rely on the opinion of experts, the plaintiff states continue to rely solely on speculation and fear mongering in this matter.  The final briefs submitted today only further expose the fact that their arguments are completely without merit."

    Access a Washington Post/AP media report on the hearing (click here). Access the posting of attorney Hall for links to extensive background and detailed insights to the legal options (click here). Access a release from the UnLock Our Jobs coalition (click here). Access the AsianCarp.org website for more information (click here).

IJC Expands Great Lakes Study To Include Climate Change

Oct 5: In response to the International Upper Great Lakes Study's report on the St. Clair River, and comments from the public on the report, the International Joint Commission (IJC) has issued a letter to the Study Board providing guidance on the ongoing work of the International Upper Great Lakes Study. The IJC has also issued letters to the Governments of Canada and the United States to inform them of this guidance.

    The previous report, Impacts on Upper Great Lakes Water Levels: St. Clair River, concluded the first phase of a study of the upper Great Lakes. It examined the physical changes in the St. Clair River since 1962 and recommended that measures to remediate the increased conveyance, or water-carrying capacity, of the river not be undertaken at this time. It also recommended that mitigation measures in the St. Clair River be examined as part of the comprehensive assessment of the future effects of climate change in the second phase of the study. Over the long term, the Study Board recommended that the Governments of Canada and the U.S. undertake cooperative efforts to improve the monitoring and analysis of Great Lakes water supplies and connecting channel flows.

    The IJC said it concurs with the recommendations in the report and has provided further guidance to the Board pertaining to the first recommendation that remedial measures not be undertake in the St. Clair River at this time. In this regard, the IJC has directed the Study Board to undertake an exploratory investigation of how raising the water-level regimes on Lakes Michigan and Huron by different amounts would affect interests on the Great Lakes system from Lake Superior to the St. Lawrence River. With respect to the second recommendation of the report, the Commission has agreed with the Study Board that it also review mitigative options based on potential climate change impacts.

    In addition, the Commission provided guidance to the Study Board on three important matters raised in its 7th Progress Report, directing them to: propose one alternative to the existing regulation plan based on its scientific investigations and extensive public input; establish a legal rationale for selecting a future regulation plan that allows for the possibility of new physical conditions under a changing climate; and, investigate and recommend institutional mechanisms for the management of water resources though one or more management boards in the Great Lakes and St. Lawrence River System.

    According to release, the study will continue to examine whether the IJC Order of Approval and plan for regulating Lake Superior outflows should be modified to address the changing climate and the evolving needs of users on lakes Superior, Huron, Michigan and Erie. The final report of the Study Board on the entire study is expected to be completed and submitted to the IJC by early 2012. Funded equally by the U.S. and Canadian governments, the $17.5 million (CAD approx $17.2 U.S.) study is being conducted by the binational, independent International Upper Great Lakes Study Board at the request of the IJC under the authority of the Boundary Waters Treaty of 1909.

    Access a release from IJC and links to the letter to the Study Board and governments, the previous study, the 7th Progress Report, and a key issues and response document (click here).

Agencies Launch Binational Asian Carp Risks Assessment

Oct 5: The Great Lakes Fishery Commission (GLFC) praised Fisheries and Oceans Minister Gail Shea for launching a major initiative to assess the risk Asian carps pose to the Great Lakes. The risk assessment will be conducted jointly between scientists in Canada and the United States and the Great Lakes Fishery Commission will facilitate the project. The risk assessment will be the first binational effort to evaluate the likelihood of Asian carps spreading throughout the Great Lakes basin and to gauge the potential effect of the species on the Great Lakes ecosystem. The assessment will involve preeminent scientists in the field, will be peer-reviewed, and should take about eighteen months to complete.
 
    GLFC indicated that the non-natural connection -- the Chicago Sanitary and Ship Canal -- links the Mississippi basin to the Great Lakes and is the primary pathway of concern for the Asian carps. An electrical barrier on the waterway prevents carp migration, but sampling -- and the capture of one live bighead carp in June, 2010 -- has raised concern that Asian carps might be on the Lake Michigan side of the barrier, though probably in small numbers. GLFC has joined other agencies in working together to support measures to monitor carp movement and prevent entry into the Great Lakes. 
 
    David Ullrich, GLFC U.S. Section Chair said, "The Great Lakes Fishery Commission commends Canada for launching this initiative to better understand the potential for Asian carps to spread throughout the Great Lakes ecosystem. With this risk assessment, we will have a vastly improved understanding about where Asian carps might establish a population within the basin, as well as important information about the probable impact of Asian carps on the fishery and environment, should they enter the lakes."
 
    Michael Hansen the commission's vice chair and professor at the University of Wisconsin at Stevens Point said, "Scientists in both Canada and the United States have each conducted separate risk assessments to evaluate Asian carps and their effect on the environment. This information, to date, has been instrumental in justifying the critical importance of preventing the migration of these fish into the Great Lakes. The commission is pleased that Minister Shea has committed Canada to conducting a rigorous risk assessment that will include active participation from American scientists. The product will be the first and only basin-level, peer-reviewed consensus among top scientists about the risks of Asian carps."

    Access a release from GLFC (click here). Access more information on the Asian Carp Regional Coordinating Committee (click here).

Science Advisory Board Seeks Nominees For GLRI Panel

Sep 24: U.S. EPA's Science Advisory Board (SAB) Staff Office announced that it is requesting public nominations for technical experts to form an SAB panel to review the interagency Great Lakes Restoration Initiative (GLRI) Action Plan which describes restoration priorities, goals, objectives, measurable ecological targets, and specific actions. Nominations should be submitted by October 15, 2010.

 

    The announcement further explains that the SAB Staff Office is seeking nominations of nationally and internationally recognized scientists and engineers with demonstrated expertise and research or management experience in one or more of the following areas: Limnology, landscape ecology, restoration ecology, ecotoxicology, population biology, aquatic biology, fisheries and wildlife management, invasive species, water chemistry, environmental engineering, environmental monitoring, and environmental assessment. We are particularly interested in scientists and engineers with direct experience in the design, management, and implementation of environmental protection and restoration programs that have included development of metrics and environmental indicators used to monitor, evaluate, and communicate restoration progress.

 

    Selection criteria to be used for Panel membership include: (a) Scientific and/or technical expertise, knowledge, and experience (primary factors); (b) availability and willingness to serve; (c) absence of financial conflicts of interest; (d) absence of an appearance of a lack of impartiality; and (e) skills working in committees, subcommittees and advisory panels; and, for the Panel as a whole, (f) diversity of expertise and viewpoints.

 

    Access the complete announcement with instructions and links to further information (click here).

Cities Initiative Objects To Canadian Radioactive Shipments

Sep 13: The Great Lakes and St. Lawrence Cities Initiative (Cities Initiative) announced its opposition to the proposed shipment by Bruce Power of radioactive waste on the Great Lakes and St. Lawrence. They point out that the Great Lakes and St. Lawrence form the largest body of fresh water in the world. Over 40 million Canadians and Americans rely on them for their safe drinking water. The Cities Initiative is opposing the proposed maritime shipment of sixteen, 100 tonne steel radioactive steam generators, from Owen Sound, through Georgian Bay, Lake Huron, Lake Erie, Lake Ontario and the St. Lawrence and out into the Atlantic to Sweden.

 

    The opposition to the proposed shipment is based on three principle reasons. Firstly, there is concern over the potential environmental impacts to the Great Lakes and St. Lawrence in the event of an accident during shipment. Secondly, the Cities Initiative has concerns about the review process, including information gaps about the proposed shipment. Thirdly, the potentially precedent setting nature of the shipment, with the amount of radioactive waste exceeding the international allowable limit for a single shipment in inland waters by 50 times, is cause for concern. The Cities Initiative's position on the proposed radioactive waste shipment has been submitted to the Canadian Nuclear Safety Commission (CNSC) for its consideration The Cities Initiative has requested standing at the CNSC hearing on the proposed shipment on September 29 in Ottawa.

 

    Access a release from the Cities Initiative (click here). Access background information and links to the CNSC letter and CNSC submission (click here).

MI Governor & MDNRE Meet With New Asian Carp Director

Sep 15: Michigan's Governor Granholm and MDNRE Director Rebecca Humphries met at the White House with governors and representatives from other Great Lakes states to urge Federal officials to adopt a stronger response to the threat posed by Asian carp to the Great Lakes. The Governor said, "I am grateful that the Obama administration has identified John Goss as the new Asian Carp Director and I implore him to bring to this position the sense of urgency required to strengthen and expedite the federal response necessary to keep Asian carp out of the Great Lakes. We should not leave any options on the table in protecting the Great Lakes ecosystem and the $7 billion recreational fishing and $16 billion recreational boating industries that this invasive species threatens."
 
    Granholm said the threat of invading carp must be considered an emergency that merits action by the Army Corps of Engineers to quickly implement a separation between the Great Lakes and the Mississippi River watershed. The Governor believes the current timeline to study separation as one potential option to addressing carp does not reflect the seriousness of the situation. Humphries said, "We continue to urge swift action by the Army Corps to expedite necessary studies to move to permanent separation of the Great Lakes and Mississippi River watershed. We appreciate the work completed thus far and look forward to collaborating with the Army Corps and other federal agencies on measures to achieve permanent separation."
 
    Access a release from the Governor (click here). Access a release from the White House with additional information (click here).

John Goss Appointed As Asian Carp Director

Sep 8: The Council on Environmental Quality (CEQ) announced the appointment of John Goss as the Asian Carp Director. Goss joins CEQ from the Indiana Wildlife Federation, the Indiana State affiliate of the National Wildlife Federation, where he served for four years as the Executive Director. In his role, John will serve as the principal advisor to CEQ Chair Nancy Sutley on Asian carp issues, and oversee the coordination of Federal, state, and local efforts to keep Asian carp from establishing in the Great Lakes ecosystems. In his role at the Wildlife Federation, he worked with conservation, business and industry groups to support the Great Lakes Compact. Goss previously served as Director of the Indiana Department of Natural Resources and as Vice Chair of the Great Lakes Commission. 

    Nancy Sutley, CEQ Chair said, "With a strong background focused on natural resources, John will be an excellent addition to our team as we continue to combat the spread of Asian carp. He will help to ensure coordination among government agencies and the most effective response across all levels of government to this threat." Goss will chair the Asian Carp Regional Coordinating Committee (RCC), which is a team of Federal, state and local agencies working together to prevent Asian carp from establishing populations in the Great Lakes.  The Asian Carp Control Strategy Framework, released in February, 2010 and updated in May, 2010, unifies Federal, state and local action in an unparalleled effort to combat invasive species. 

    Michigan Governor Jennifer Granholm issued a statement saying, "We have to do everything possible to keep Asian carp out of the Great Lakes.  As the new Asian Carp Director, John Goss clearly understands this mandate, and he will ensure that all federal agencies understand it as well. John Goss shares our passion for protecting the Great Lakes, and his skills and experience make him a great choice for this vital mission." In his role, Goss will serve as the principal advisor to Council of Environmental Quality Chair Nancy Sutley on Asian carp issues and oversee the coordination of federal, state, and local efforts to keep Asian carp from establishing in the Great Lakes ecosystems.

 

    U.S. Senator Dick Durbin (D-IL) applauded the announcement and said, "I commend the President for hearing my concerns and making the ecological and economic viability of Lake Michigan a national priority by appointing John Goss, an exceptionally qualified candidate and a longtime friend of the Great Lakes. We have to redouble our efforts and do everything in our power to stop this invasive species from entering Lake Michigan. I am confident that with this step, we have made real progress towards a well-coordinated approach that takes this invasive species very seriously."

 

    Access a release for CEQ (click here). Access a release from the Governor Granholm (click here). Access a release from Senator Durbin (click here).

Merit Hearings On Asian Carp Lawsuit Begin In Chicago

Sep 7: Michigan Attorney General Mike Cox said he was pleased that the Great Lakes will finally get their day in court, with testimony being heard for the first time in Michigan's long fight to stop the migration of Asian carp into Lake Michigan and the other Great Lakes. On August 23, Judge Robert M. Dow, Jr. of the U.S. District Court for the Northern District of Illinois, in Chicago, heard arguments regarding Michigan's motion for Preliminary Injunction. The Judge scheduled the first evidentiary hearings on the merits of Michigan's lawsuit for September 7 and 8; and an additional date of September 10. Attorneys general from Wisconsin, Minnesota, Pennsylvania and Ohio have joined Cox in his lawsuit, which was filed July 19, 2010.

    On September 7, well-known biologist Dr. David Lodge, of the University of Notre Dame lead off with testimony regarding the wide-spread presence of Asian carp eDNA at multiple locations near and in Lake Michigan. Written testimony supporting Michigan and four other states has been submitted from experts including biologist Dr. Tammy Newcomb, of the Michigan Department of Natural Resources and Environment (MDNRE), who argues the threat to the Great Lakes and its waterways is urgent and will cause great damage if not stopped at Chicago, and transportation policy expert Dr. John C. Taylor, of Wayne State University, who notes that barge traffic affected by lock closure accounts for less than one percent of all freight traffic in Chicago.

    On August 31, 2010 the Grand Traverse Band of Ottawa and Chippewa Indians filed a motion to join the attorneys general as an additional party to the lawsuit. According to the motion, the tribe is concerned with the negative impact Asian carp could have on Great Lakes fisheries,  citing tribal fishing rights in the Great Lakes and adjoining inland waterways.  

    Dr. Lodge is a national expert on invasive species with experience pioneering the use of eDNA technology to detect Asian carp in Chicago area waterways. He explained how scientific evidence illustrates the urgent threat of Asian carp invading Great Lakes waterways and the critical need to take action. He is an independent scientist who was not hired by the State of Michigan. Previously, he was employed by the U.S. Army Corps of Engineers to assist their study of Asian carp. In February of 2010, Dr. Lodge testified before the U.S. House of Representatives.

    Michigan's request before the court calls for the temporary closure of the O'Brien and Chicago Locks and blocking other pathways in the Chicago water system, except as needed to protect public health and safety, the increased use of rotenone fish poison and the installation of nets and other physical barriers, among other actions.  The lawsuit makes clear that all of the requested action would be subject to exceptions to prevent flooding, allow access for emergency responders and any other action necessary to prevent serious threats to public health and safety.

 

    Access the latest release from the MI attorney general (click here). Access the August 23 release from the MI attorney general (click here).

IL Federal Court To Hear Asian Carp Case August 23

Aug 17: Michigan Attorney General Mike Cox announced that a Federal judge has scheduled the first hearing on the merits of Michigan's lawsuit addressing the threat of Asian carp, filed in the U.S. District Court for the Northern District of Illinois. Attorneys general from Wisconsin, Minnesota, Pennsylvania and Ohio have joined Cox in the lawsuit, which was filed July 19, 2010 due to what Cox calls "the Army Corps' dismal record of inaction in confronting Asian carp."  Judge Robert Dow, Jr. confirmed that the first hearing in the case will be on Monday, August 23, 2010, with two days reserved for live testimony during the week of August 30, 2010, if the Court determines it is needed.

    Cox said, "The future of our water-based economy and environment is hanging in the balance. The Great Lakes will now get their day in court." At the hearing, Judge Dow will consider Michigan's motion for Preliminary Injunction, which calls for several short-term responses to the Asian carp threat. Michigan's motion calls for the temporary closure of the O'Brien and Chicago Locks and blocking other pathways in the Chicago water system, except as needed to protect public health and safety, among other actions.  

    Cox also noted a story published by the Milwaukee Journal Sentinel that seriously questions the idea that a three-foot long, 20-pound mature bighead Asian carp recently found in Lake Calumet, past all barriers, was "planted" there by humans [See WIMS 8/10/10]. The story, entitled "Carp explanation may be a fish story," says that "facts are coming to light that indicate Illinois officials may have stretched their own science to sell a whopper of a fish tale." 

    Cox said the Michigan lawsuit is supported by affidavits from two experts: Dr. Tammy Newcomb of the Michigan Department of Natural Resources and Environment (MDNRE) and Dr. John C. Taylor of Wayne State University. Both experts are prepared to testify, if called. The lawsuit calls for the Corps to use all available efforts to block Asian carp passage in the waterways linked to Lake Michigan. Earlier this year, Cox petitioned the U.S. Supreme Court to intervene to address the threat of Asian carp. Although the Supreme Court declined the take up the case but did not rule on the merits of the legal claims by Michigan and other Great Lakes states.

   

    Access a release from the AG (click here).

New, Updated Environment Canada Great Lakes Website

 

Aug 18: Environment Canada announced it has launched a new, updated Great Lakes website. The new site includes: Information about the state of the Great Lakes in the How are the Great Lakes Doing?; Information about Remedial Action Plans, Lakewide Management Plans, the Great Lakes Water Quality Agreement and the Canada-Ontario Agreement in the Restoring and Protecting the Great Lakes; and Maps, publications and science information in the Facts and Information. The new site also features a Great Lakes area within the Environment Canada Publications Database. The searchable database allows users to instantly receive PDF copies of public-friendly documents and reports that Environment Canada has participated in, including the most recent Lakewide Management Plan 2010 Reports. 

 

   Access the updated website (click here).

WI Reports No Inland Spread Of VHS Fish Virus

Aug 10: The Wisconsin Department of Natural Resources (WDNR) reports that the potentially deadly viral hemorrhagic septicemia virus (VHS or VHSV) fish virus did not spread to any inland Wisconsin waters that were tested for the virus in 2010. None of the fish that WDNR fisheries biologist collected from nearly 70 lakes and rivers this spring tested positive for VHS. Mike Staggs, Wisconsin's fisheries director said, "We're pleased that VHS hasn't spread inland and we appreciate the efforts that anglers and boaters have made to keep Wisconsin's fish healthy. These results show that taking the prevention steps can contain the disease as well as help prevent the spread of other aquatic invasive species."

    Earlier this year, Cornell University researchers reported finding VHS in Lake Superior fish collected in summer 2009 [See WIMS 2/3/10], but no fish kills were evident in that lake in 2009 or 2010 because of VHS, and none of Wisconsin's 2010 testing suggested the virus had spread from that massive lake to inland lakes or streams. Staggs said, "The good news is we assumed VHS was in Lake Superior when we developed the prevention rules in 2007, and as result, inland lakes and rivers were protected."

    VHS can infect several dozen fish species in Wisconsin and can cause them to bleed to death; a recent Michigan State University study shows that muskellunge are most susceptible, followed by largemouth bass, yellow perch, rainbow trout, brook trout, brown trout, Chinook salmon, and Coho salmon. The virus was first detected in Wisconsin in May 2007, when dead fish collected from the Lake Winnebago and Lake Michigan systems were tested and were positive for the virus. Lake Michigan fish again tested positive for the virus in 2008 and 2009.

    Access a release from WDNR with links to more information (click here).

NOAA Grant To Study Green Bay Hypoxia

Aug 10: The National Oceanic and Atmospheric Administration (NOAA) announced that scientists researching the causes and effects of hypoxia in part of Lake Michigan in Green Bay, WI, have been awarded $348,037 for the first year of an anticipated four-year $1,367,300 project through NOAA's Coastal Hypoxia Research Program. Hypoxia within Green Bay has been a problem for decades, and recent evidence suggests that it may be worsening, with the potential for "dead zones" and fish kills to become both more frequent and more extensive with a changing climate.

    NOAA said that Green Bay is particularly vulnerable to hypoxia because one-third of the watershed of Lake Michigan drains into it, and it receives approximately one-third of the total amount of nutrients draining into the lake. A team of scientists from within the University of Wisconsin system (Milwaukee, Green Bay and Madison), the Green Bay Metropolitan Sewerage District, and the Wisconsin Department of Natural Resources will evaluate watershed sources of nutrients, lake water stratification (the layering of the water by temperature that prevents dissolved oxygen from reaching bottom waters) and summertime wind conditions to develop a predictive model of potential changes in hypoxia relative to land use change and future climate change.

    Nicole Clayton, Wisconsin department of natural resources, impaired waters and total maximum daily load coordinator said, "These results will help us identify acceptable limits for nutrient levels in the water so we can begin to reduce hypoxia in Green Bay."  Robert Magnien, Ph.D., director of NOAA's Center for Sponsored Coastal Ocean Research said, "This project is an excellent example of NOAA's efforts to provide actionable information to managers for ecosystem based management. The complexity of linking multiple processes in the watershed with those in Great Lakes and coastal waters demand new state-of-the art ecological forecasting tools that also incorporate climate change."

    Access a release from NOAA with links to additional information (click here).