Fish Virus Spreads To Lake Superior

Jan 27: Researchers from Cornell University are reporting that the fish virus, viral hemorrhagic septicemia virus (VHSV), that was first discovered in the Northeast in 2005 has been found for the first time in fish from Lake Superior. That means that the virus has now been documented in all of the Great Lakes. VHSV, which causes fatal anemia and hemorrhaging in many fish species, poses no threat to humans.

Paul Bowser, professor of aquatic animal medicine at Cornell's College of Veterinary Medicine and colleagues recently tested 874 fish from seven sites in Lake Superior in collaboration with the U.S. Geological Survey (USGS) Western Fisheries Research Center in Seattle. Fish from Paradise and Skanee in Michigan and St. Louis Bay and Superior Bay in Wisconsin tested positive. Some of the results have been corroborated by other laboratories; others have tests still under way. The researchers indicated that the virus, which has been identified in 28 freshwater fish species in the Great Lakes watershed, has reached epidemic proportions in the Great Lakes.

Bowser, noting that the virus has also been found in a few inland waters as well, including lakes, streams and a family-owned earthen pond said, "People come from all over the eastern United States to fish the Great Lakes. The economy of many of these areas ebbs and flows with the season and perceived value of outdoor recreational opportunities. The value of these opportunities is dependent on how successful we are at managing the health of wild fish. On a worldwide basis, VHSV is considered one of the most serious pathogens of fish, because it kills so many fish, is not treatable and infects a broad range of fish species."

The Michigan Department of Natural Resources and Environment (MDNRE) and the Wisconsin DNR issued a release which seemed to downplay the Cornell findings and said the "traces" of VHS in fish "would not lead to any immediate regulation changes for anglers or boaters." MDNRE Director Rebecca Humphries said, "We appreciate the efforts of Cornell University to help better understand this disease, but we also want to caution anglers and others who enjoy Lake Superior that this does not mean there has been a widespread outbreak of VHS in those waters. What this study does indicate is that VHS has been observed in four locations in Lake Superior, but it is not everywhere. Based on this limited finding, Michigan is not planning to make any changes in its regulations at this time."

VHSV experts Drs. Gael Kurath and James Winton from the United States Geological Survey (USGS) Western Fisheries Research Center provided independent confirmation of the Cornell findings. Winton said, “VHS is one of the most important diseases of finfish. It not only affects the health and well-being of populations of several important native fish species, but it can also impact trade, and, should it spread into the U.S. aquaculture industry, could do substantial damage as happened in Europe and parts of Japan.” USGS indicated that Experts fear the disease could potentially spread from the Great Lakes into new populations of native fish in the 31 states of the Mississippi River basin.

Access an article from Cornell University (click here). Access the release from MI & WI (click here). Access a release from USGS and link to their VHSV website (click here).

34 Groups Call For Slow Down On Great Lakes Agreement

Jan 27: As the United States and Canada work toward a new Great Lakes Water Quality Agreement, 34 environmental and conservation groups are telling the governments that their timeline does not allow for proper public consultation, and that this could seriously undermine the final Agreement, its implementation, and ultimately the health of the Great Lakes. John Jackson, Director of Clean Production and Toxics with Great Lakes United (GLU) said, “The governments began consulting on thinking about the Agreement in March of 2006. They only finally announced their intent to renegotiate last June, and have proceeded to sit on their hands for the past eight months. Now, they want to jam this process through by the end of the year. I’m sorry, but that’s just not good governance.”

The dissatisfaction was expressed in a letter sent to the governments earlier this week by the groups. It is a response to a presentation by Environment Canada and U.S. EPA in a web conference earlier this month [See WIMS 1/14/10]. At that time, the government agencies revealed their process for the renegotiation. Currently, they are inviting public comment on the issue of governance until February 14 -- exactly one month from the announcement. The governments have given no indication how future public comment periods will operate.

The groups, which include formal government advisors, offer six recommendations to improve the process: (1) Release a draft government position or options paper on governance issues. (2) The release of the draft government position or options paper should set off a 60-day public comment period. (3) Once the governments have negotiated draft language on governance, release it again for a public comment period. (4) For the “issues” consultations, follow a process similar to recommendations 1-3, with the release of a draft position or options paper followed by a 60-day public comment period followed by another opportunity for comment after the governments have completed their first round of negotiations on the topic. (5) Compile a web-posted summary of comments received from public input at each stage of the consultations. (6) Release a final draft of the complete revised Great Lakes Water Quality Agreement for comment prior to completing negotiations and hold public hearings in both countries on this draft.

The Great Lakes Water Quality Agreement was first signed by Prime Minister Trudeau and President Nixon in 1972, and subsequently revised in 1978 and 1987. The Agreement committed the two countries to protecting the health of the ecosystem, prohibiting the discharge of pollution in toxic amounts, and to virtually eliminating dangerous, persistent toxic substances.

Access a release from the groups and link to access the letter (click here). Access a Binational website on Amending the Great Lakes Water Quality Agreement with further details, contacts and background information (click here).

Groups Urge Full Funding For Great Lakes Restoration Initiative

Jan 25: The Great Lakes Commission (GLC) announced that 15 Great Lakes regional organizations are urging President Obama to maintain or exceed funding of $475 million for the Great Lakes Restoration Initiative (GLRI) in the Federal budget for FY 2011. The initiative was proposed by the Obama Administration as a five-year, comprehensive restoration plan for the Great Lakes. The region’s congressional leaders secured $475 million in FY 2010, the initiative’s first year. Implementation is moving forward, with nearly $150 million currently being offered for projects that address critical problems facing the Great Lakes. In addition, the U.S. EPA is finalizing a five-year action plan for the GLRI that sets outcome-oriented performance goals and criteria for measuring progress.

In a letter to President Obama the groups said, “While the GLRI is off to a strong start we need sustained funding to fulfill your commitment, build on past investments and ensure the GLRI’s long-term success.” The letter acknowledged the broad support for the initiative within the region, noting that it has been endorsed by the Great Lakes governors, states, cities, tribes, conservation groups, business and industry. The letter noted that “substantial momentum is in place to carry the Initiative forward over its five-year timeframe.” The President is expected to submit his budget proposal to Congress on February 1.

The letter was signed by the following entities: Great Lakes Commission; Alliance for the Great Lakes; Chippewa Ottawa Resource Authority; Council of Great Lakes Fishery Agencies; Council of Great Lakes Industries; Council of Lake Committees; Ducks Unlimited, Great Lakes/Atlantic Region; Great Lakes Fishery Commission; Great Lakes Metro Chambers Coalition; Great Lakes United; Healing Our Waters - Great Lakes Coalition; National Parks Conservation Association; National Wildlife Federation, Great Lakes Regional Center; Natural Resources Defense Council, Midwest Regional Office; and The Nature Conservancy.

Access a release from GLC with additional information (click here).

Attorneys General Request Seat At Asian Carp Meeting

Jan 25: Michigan Attorney General Mike Cox and his counterparts in Ohio, Indiana, Pennsylvania, and Wisconsin called on the Obama administration to immediately meet with them to hear first-hand the concerns of job makers and families across the region over the immediate threat of Asian carp. Cox said, "It is our hope the bi-partisan team of Attorneys General leading the battle to protect jobs and the Lakes will have a seat at the table with the White House to help find a solution to this crisis."

Michigan Governor Granholm and Nancy Sutley, Chair of the White House Council on Environmental Quality, have confirmed that the Great Lakes Governors or their designees intend to meet in early February [See WIMS 1/21/10]. The letter from the attorneys general was signed by Attorney General Cox; Indiana Attorney General Greg Zoeller; Ohio Attorney General Richard Cordray; Pennsylvania Attorney General Tom Corbett; and Wisconsin Attorney General J.B. Van Hollen. The letter indicates, "As the Attorneys General who are litigating the Asian carp controversy and have been serving on the front lines of a bi-partisan battle to protect the ecology and economy of our region, we are formally requesting that you and your administration include us in any such meetings addressing the Asian carp emergency."

Cox indicated in a release "that President Obama, who pledged a zero tolerance policy for new invasive species in the Great Lakes, should act immediately to at least temporarily close the locks." He indicated that last week new DNA evidence of Asian carp was found in Lake Michigan at Calumet Harbor [See WIMS 1/20/10], past both the so-called electrical barrier and the O'Brien locks. Cox, a Republican gubernatorial candidate indicated that, "If President Obama continues to favor Illinois at the expense of other states, Michigan and the other states backing his efforts will need help from Congress." He praised the bi-partisan efforts of Michigan's Congressional delegation on the issue, including Representatives Dave Camp, Vern Ehlers, and Candice Miller; and Senators Levin and Stabenow.

Access a release from the MI AG and link to the letter (click here).

Stabenow & Camp Introduce Bills To Stop Asian Carp

U.S. Senator Debbie Stabenow (D-MI) and U.S. Representative Dave Camp (R-MI) announced the Senate introduction of the CARP ACT (Close All Routes and Prevent Asian Carp Today, S. 2946). The bill would direct the Army Corps of Engineers to take immediate action to prevent the potential entry of Asian Carp into the Great Lakes. Recent samples of Asian Carp environmental DNA have demonstrated the invasive species’ progress toward the Great Lakes through the Mississippi River [See WIMS 1/21/10]. Congressman Camp introduced the CARP ACT (H.R. 4472) yesterday in the House.

Stabenow said, “Asian Carp are a very serious threat to our state and must be stopped from entering the Great Lakes. This invasive species will not only harm our ecosystem it will also hurt our economy, costing us thousands of jobs. The CARP ACT will close off Great Lakes access to Asian Carp and expedite important emergency measures.” Representative Camp said, “It is absolutely necessary for us to preventing Asian Carp from entering the Great Lakes. This legislation will ensure the Great Lakes are protected and should satisfy any concerns about any impacts on commerce or flood control in Chicago. This is a sensible approach and one that should be acted on immediately.”

Among other requirements the bills call for the immediate closure of certain Chicago-area locks until a controlled lock operations strategy is developed; immediate installation of interim barriers at specified locations; enhancement of existing barriers and monitoring systems; mitigating the impact on commerce and the City of Chicago; preventing and eradicating Asian Carp through the use of fish toxicant, commercial fishing and netting, harvesting, and other means necessary. On the Chicago impacts the bill calls for two studies: one to develop a strategy to mitigate the effects of this bill on existing commerce in the canals and rivers, and one to abate the effects on Chicago flood control.

The legislation will likely be the subject of discussion at the upcoming meeting with the Great Lakes Governors agreed to by Nancy Sutley, Chair of the White House Council on Environmental Quality and scheduled for early February. Sutley said, "I welcome the opportunity to meet with the Great Lakes Governors on this important issue a meeting during the first week of February, either in the Midwest or in Washington DC with the Great Lakes Governors or their designees [See WIMS 1/21/10].

Access a release from Senator Stabenow (click here). Access legislative details for S. 2946 (click here). Access legislative details for H.R. 4472 (click here).

Administration Agrees To Asian Carp Summit With States

Jan 20: Responding quickly to requests from Governors Granholm (MI) and Doyle (WI) regarding a summit between Great Lakes governors and senior White House officials to identify a rapid response to the threat of Asian carp, Nancy Sutley, Chair of the White House Council on Environmental Quality called for a meeting in early February. Sutley said, "I welcome the opportunity to meet with the Great Lakes Governors on this important issue. . . Today, as we see the threat and potential impact of Asian carp entering the Great Lakes, we have an opportunity to work together to prevent environmental and economic damage before it happens." The Governors' requested the meeting in a letter to President Obama on January 19 [See WIMS 1/20/10].

In a letter to the Governors, Sutley suggested a meeting during the first week of February, either in the Midwest or in Washington DC with the Great Lakes Governors or their designees. She said the meeting should "discuss the strategy to combat the spread of Asian carp and ensure coordination and the most effective response across all levels of government to respond to this threat. In keeping with the strong tradition of regional cooperation, I also hope to discuss ways in which we can continue and strengthen the Federal-State partnership to protect the Great Lakes."

On January 19, the multi-agency Asian Carp Regional Coordinating Committee (RCC) announced that it had received new information from the University of Notre Dame about one positive environmental DNA result for silver carp in Calumet Harbor approximately one-half mile north of the Calumet River and one more at a location in the Calumet River north of O’Brien Lock. These samples were collected on December 8 and recently processed. Two previous tests of multiple water samples from this area were negative.

Also on January 19, the U.S. Supreme Court denied request for a preliminary injunction sought by Michigan and other Great Lakes states calling for the emergency closure of the locks in the Chicago Shipping Canal to stop the spread of Asian Carp into the Great Lakes [See WIMS 1/19/10]. The Obama Administration and the State of Illinois opposed the emergency closure and the U.S. Solicitor General Elena Kagan said in her filings with the High Court that Michigan's "ultimate goal is a permanent injunction separating the Great Lakes from the Mississippi River system, undoing a connection that for well over 100 years has served the important purposes of flood control, navigation, commerce, and sanitation."

She said, "A host of responsible actors -- federal, state, and even international -- are deeply and intensely engaged in studying all the considerations involved in preventing the transmission of invasive species through that connection. For this Court to pretermit that process and to decree that the answer is to sever the connection, based on a purported federal common law rule, would be altogether inappropriate. . . Nothing in federal law warrants second-guessing its expert judgment that the best information available today does not yet justify the dramatic steps Michigan demands. . . The motion for a preliminary injunction should be denied." [See WIMS 1/12/10]

Access a release and the letter to Governors (click here). Access the Michigan, Illinois and all legal filings in the case (click here). Access the Army Corps of Engineers' website for more information (click here). Access the Asian Carp Management website for extensive information (click here).

Parties Call For Urgent Action As Asian Carp Advance

Jan 19: Michigan Governor Jennifer Granholm called for the White House to immediately establish a summit with the Great Lakes Governors to discuss the growing Asian Carp threat. The letter, jointly signed with Wisconsin Governor Jim Doyle, was in response to the Supreme Court decision to deny a preliminary injunction sought by Michigan and other Great Lakes states calling for the emergency closure of the locks in the Chicago Shipping Canal to stop the spread of Asian Carp into the Great Lakes [See WIMS 1/19/10]. Governor Granholm said, "Asian Carp threaten the well-being of our Great Lakes, and ultimately, the well-being of Michigan. It is disappointing that the Supreme Court declined to aid in our fight against these aquatic invaders, so we now ask the White House to work with us in finding a solution before it is too late."

Carp DNA samples have recently been found above the electrical barrier in the Chicago Sanitary and Ship Canal, providing new evidence that the Asian Carp are continuing to move closer to Lake Michigan. In fact, as the Governor was issuing her release, the multi-agency Asian Carp Regional Coordinating Committee (RCC) announced that it had received new information from the University of Notre Dame about one positive environmental DNA result for silver carp in Calumet Harbor approximately one-half mile north of the Calumet River and one more at a location in the Calumet River north of O’Brien Lock. These samples were collected on December 8 and recently processed. Two previous tests of multiple water samples from this area were negative.

Dr. David Lodge, director of the eDNA project at the University of Notre Dame said, "Our current eDNA process provides indications of likely presence, but it does not yet provide information about Asian carp quantity that may be present, age, size, how they got there or how long they may have been there." Major General John Peabody, Commanding General of the U.S. Army Corps of Engineers’ Great Lakes and Ohio River Division said, "Clearly this is not good news. But eDNA technology provides the advanced warning of the possible presence of Asian carp, so that all agencies supporting the RCC can focus their efforts and resources to optimal effect. The Corps of Engineers will continue to collaborate with our partners to urgently execute already planned actions, and further develop other multi-agency measures that will defeat this threat to the Great Lakes."

Charlie Wooley, Deputy Regional Director, U.S. Fish and Wildlife Service said, “From what we have seen in other parts of the country, Asian carp could out-compete our native, sport and commercial fish in southern Lake Michigan. We call them an aquatic vacuum cleaner because they filter important food resources out of the water and turn it into carp biomass.”

Michigan Attorney General Mike Cox, and gubernatorial candidate issued a statement on the Supreme Court ruling saying, "I am extremely disappointed the Supreme Court did not push the pause button on this crisis until an effective plan is in place. While the injunction would have been an extraordinary step by the court, Michigan and the other Great Lakes states are facing an extraordinary crisis that could forever alter the Lakes, permanently killing thousands of jobs at a time when families can least afford it." Cox noted that the court did not address Michigan's request to reopen the "Chicago Diversion" case and therefore that portion of the case continues. Michigan, which is supported by Pennsylvania, New York, Ohio, Wisconsin, and Minnesota, seeks a solution to the crisis that will protect the ecology and economy of the Great Lakes. Briefs in that portion of the case are due by February 19.

The Alliance for the Great Lakes has prepared a report on closing the waterway connections and says, "A permanent breakup of the Great Lakes and Mississippi River basins is the only guaranteed way to keep invasive species from traveling between the two and causing devastating irreversible damage." The Alliance explains that the Chicago Waterway System, engineered in 1900 to
reverse the flow of the Chicago River, is a complex system of rivers and canals diverting Chicago’s wastewater from Lake Michigan to the Illinois River. The Alliance report, Preliminary Feasibility of Ecological Separation of the Mississippi River and the Great Lakes, outlines six options for separating the watersheds and ending the transfer of species between them.

Access a release from Gov. Granholm (click here). Access a release from the Asian Carp RCC (click here). Access a release from the Michigan AG (click here). Access a fact sheet and map from the Alliance and link to their complete report (click here). Access the Army Corps of Engineers' website for more information (click here). Access the Asian Carp Management website for extensive information (click here). Access the Great Lakes United website to track the Asian Carp emergency situation (click here).

RFP: Great Lakes Habitat Restoration Projects

Jan 19: The National Oceanic and Atmospheric Administration (NOAA), Great Lakes Habitat Restoration Program is soliciting applications for Great Lakes Habitat Restoration Projects under the Great Lakes Restoration Initiative, under the Funding Opportunity Number: NOAA-NMFS-HCPO-2010-2002236. NOAA seeks to support projects that will result in on-the-ground restoration of Great Lakes coastal habitat within the Great Lakes basin and a number of priority consideration for project proposals are listed. NOAA anticipates up to $10 million may be available for Great Lakes coastal habitat restoration and typical awards are expected to range between $1 and $1.5 million. Applications must be submitted by 11:59 PM EST on February 16, 2010.

Access the announcement, list of priorities, contacts and links to the full announcement (click here)

Groups Challenge Wisconsin Ballast Water Standards

Jan 15: The National Wildlife Federation (NWF) and Wisconsin Wildlife Federation (WWF) announced they had filed a legal challenge that claims the State of Wisconsin’s new ballast water discharge permit violates State law and won’t prevent freighters from importing more invasive species, like zebra mussels, into the Great Lakes. Neil Kagan, senior attorney at NWF's Great Lakes Regional Center said, "Compliance with the Wisconsin ballast water discharge standards would not prevent invasive species from entering Wisconsin waters. Wisconsin officials have said prevention is the best way to protect the Great Lakes from new invasive species, but the state’s ballast water discharge standards won’t prevent new invasions. The state’s failure to follow its own laws to protect water quality is the basis of our lawsuit.”

NWF said Wisconsin released ballast water discharge standards in a permit in November. The permit, which is set to take effect February 1, would require ocean freighters to treat ballast water, but said "the discharge standards are too weak to be effective." They said the final permit is weaker than the draft version and contains a loophole that would allow ships to fall back to the weakest discharge standards. "The permit runs counter to a State law that prohibits degradation of Wisconsin’s waters."

The groups indicated that the Federal government has not enacted ballast water discharge standards despite numerous agencies working on the problem for the past two decades. The U.S. Coast Guard recently proposed national ballast water treatment standards [See WIMS 10/2/09; WIMS 8/31/09].

Access a lengthy release from NWF with additional information (click here). Access more information from NWF's Great Lakes Regional Center website (click here).

2005 & 2006 Great Lakes Regional Water Use Reports Available

Jan 19: The Great Lakes Commission (GLC) announced that the Great Lakes Regional Water Use Reports for 2005 and 2006 are now available. The GLC extended its appreciation to the states and provinces in providing this information. The Great Lakes Regional Water Use Database was established by the Great Lakes states and provinces in response to a recommendation in the Great Lakes Charter of 1985 that calls for a uniform, consistent base of data of Great Lakes water withdrawals, diversions and consumptive uses. Beginning in 1987, water use data have been submitted to the repository on an annual basis and reports provided to assist the jurisdictions in Great Lakes-St. Lawrence River water resources planning and management.


As specified by the Water Resources Management Committee in its 1987 report, Managing the Waters of the Great Lakes Basin, the database catalogs withdrawals by water use category, sub-basin and jurisdiction. The database became operational in the summer of 1988 following a multi-year cooperative effort. Design and development involved input from many state, provincial, and federal agencies, with the U.S. Geological Survey (USGS) providing much of the leadership. A Great Lakes Regional Water Use Database to provide comparable water use information on withdrawals, diversions and consumptive use is also called for under Article 4 of the Great Lakes-St. Lawrence River Basin Water Resources Compact and Article 301 of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources.


Access an announcement from GLC with links to related information (click here). Access the GLC water use database (click here). Access a database query page to obtain customized search results (click here).

Supreme Court Denies Request To Close Waterways

Jan 19: The U.S. Supreme Court issued a brief notice with no further explanation indicating, "The motion of Michigan for a preliminary injunction is denied." On December 21, 2009 [See WIMS 1/4/10], Michigan Attorney General Mike Cox joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario filed a request for a preliminary injunction to immediately order Federal, state, and local officials responsible for Chicago-area locks and waterways to close them in order to stop Asian carp from entering the Great Lakes. Cox said, "The fish are an aggressive invasive species that could quickly devastate Great Lakes fish populations, causing severe damage to Michigan's economy by ruining the Great Lakes' $7 billion fishing and tourism industries."

In their response brief, the State of Illinois said, "Michigan's efforts to downplay the economic impact that will result if its request for preliminary relief is granted, as well as its silence of the public health effects associated with even a temporary closure of the locks and sluice gates, cannot disguise the fact that neither the balance of equities nor the public interest weighs in Michigan's favor." Illinois said the Army Corps estimated that closing the O’Brien lock alone would back-flood 14,000 homes; and some 500,000 additional truck loads, with associated pollution and road maintenance concerns, would be needed to move the amount of cargo currently hauled by barges on the Canal each year [See WIMS 1/16/10].

According to a report on the SCOTUS blog, "the Court refused to issue a permanent injunction that would have closed waterway locks and required other temporary measures in reaction to the discovery of the carp upstream in Illinois rivers. The Court’s order did not dispose of Michigan’s plea to reopen a decades-old decree to address the carp migration issue on its merits. That will come later in cases 1, 2 and 3 Original, Wisconsin, Michigan and New York v. Illinois." Last Friday, January 15, the Court reviewed the various briefs that had been submitted.

Groups supporting the close of the Mississippi River-Lake Michigan connection including --Alliance for the Great Lakes; Great Lakes United; Healing Our Waters-Great Lakes Coalition; National Wildlife Federation; and Natural Resources Defense Council (NRDC) -- issued a joint release on the Supreme Court action. The groups indicated that although the High Court did not comment on the decision, at the same time, it did not yet act on Michigan’s request to reopen a nearly century-old case allowing Chicago to divert its wastewater from Lake Michigan to the Illinois River.

Alliance President Joel Brammeier said, "Unlike the court, Asian carp don't heed jurisdictional lines. If emergency measures to stem the tide of carp are the wrong play, we need a new playbook -- and we need it yesterday. Without that, there's no time to build the permanent separation the Great Lakes and Mississippi need." Henry Henderson, director of NRDC's Midwest Program and the first Commissioner of the Environment for the City of Chicago said, “Illinois cannot breath too big a sigh of relief, as the Supreme Court could take further action on Michigan’s case."

Henderson said the new DNA findings reinforce Michigan’s assertion that the Chicago Diversion threatens the health of the Great Lakes. “Whether they are forced by the Supreme Court or not, Illinois’ elected officials need to follow up on their statements in recent weeks and take leadership in finding timely solutions to this problem." The groups reported that Michigan Governor Jennifer Granholm called for an immediate summit at the White House with President Obama and the eight Great Lakes governors to address the Asian carp threat.

Access the Supreme Court Order (click here, scroll to page 3). Access the SCOTUS blog post (click here). Access the joint release from the groups (click here). Access a media report from the Milwaukee Journal Sentinel (click here). Access a media report from the NYT (click here). Access the Michigan, Illinois and all legal filings in the case (click here).

IL Senator Durbin Briefing On Asian Carp Control

Jan 12: U.S. Senator Dick Durbin (D-IL) and Congresswoman Judy Biggert (R-IL) hosted a briefing by Federal, state and local officials regarding the containment of Asian carp in Illinois. Representatives from the U.S. Army Corps of Engineers, U.S. EPA, the U.S. Fish and Wildlife Service, the Metropolitan Water Reclamation District of Greater Chicago, the City of Chicago, the Office of the Attorney General, the U.S. Coast Guard, and the Illinois Department of Natural Resources all provided perspectives on the current situation, further mitigation options, and likely next steps.

According to a release from Senator Durbin, Asian carp threaten the Great Lakes ecosystem because they consume large quantities of phytoplankton, which is critical to the stability of the ecosystem. The fish can grow to an average of four feet and 60 pounds, and can consume up to 40 percent of their body weight in plankton per day. Durbin and Biggert indicated they have a long history of working together to combat the spread of Asian carp and outlined their efforts in securing funding for the electric Asian Carp Barrier project of the U.S. Army Corps of Engineers which has received $41.2 million in federal funding since 1998.

Durbin said, “We don’t know yet what course of action will ensure that these carp don’t reach the Lake, but we do know that every level of government is committed to restoring and protecting our Great Lakes. Today’s meeting is just one step on our path of working together to establish and implement a long-term, comprehensive Asian carp containment plan.” If the carp reach Lake Michigan, they have the potential to damage the economy and ecosystem of the Great Lakes region, where the fishing industry alone is valued at $7 billion annually. Yet the community and economic implications of closing the locks of the Chicago Sanitary and Ship Canal must be considered. The shipping industry used the canal to move nearly 7 million tons of cargo in 2008 through tens of thousands of vessel passages, and the Army Corps estimates that closing the O’Brien lock alone would back-flood 14,000 homes.

Durbin said, “If you ask the people in the Chicago area what they treasure most about the area, most of them will put Lake Michigan at the top of the list. Not only does Lake Michigan provide entertainment and recreation year round, it supports industry -- primarily fishing and shipping. We need to protect the ecological and economic well-being of this treasured resource.”

In its brief opposing Michigan's request for a Preliminary Injunction, the State of Illinois indicates that "there are no alternate water routs for shipping and delivering cargo and there are not enough trucks and train cars to haul the freight that passes through the waterways. One barge typically has a dry-cargo capacity of a least 16 rails cars and a liquid-cargo capacity of 46 rail cars, and some 500,000 additional truck loads would be needed to move the amount of cargo currently hauled by barges on the Canal each year.

"And even if trucks and rail cars were available, the financial and environmental cost of substituting rail or truck transportation for waterway transport would be devastating in terms of increased emissions of hydrocarbon, carbon monoxide, nitrogen oxides, and particulate matter. Substituting rail and truck transportation for commercial navigation would also lead to untenable congestion on the rails and roads, raise the cost of maintaining roadways... and cause increased traffic fatalities. Michigan's efforts to downplay the economic impact that will result if its request for preliminary relief is granted, as well as its silence of the public health effects associated with even a temporary closure of the locks and sluice gates, cannot disguise the fact that neither the balance of equities nor the public interest weighs in Michigan's favor."

The U.S. Supreme Court was scheduled to take up the lawsuit January 15, 2010. Reportedly, the justices will review the legal briefs -- but a ruling is not expected until later. The Michigan case, filed by Attorney General Mike Cox, would reopen an old case from the Supreme Court 1966 term, an “Original” lawsuit i.e. filed directly with no lower court activity -- the docket is termed Original Nos. 1, 2 and 3. Since filing his suit on December 21, 2009 [See WIMS 1/4/10], Cox has been joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario.

Access a release from Senator Durbin (click here). Access a video from the briefing (click here). Access the Michigan, Illinois and all legal filings in the case (click here).

Webinar On Amending the Great Lakes Water Quality Agreement

Jan 14: Late yesterday (January 13), U.S. EPA's Great Lakes National Program Office (GLNPO) announced that today, January 14, from 2:00 - 4:00 PM EST, Environment Canada and the EPA will be holding a binational webinar for Great Lakes partners, stakeholders and the public. The purpose is to inform all of the process for negotiations between the governments of the United States and Canada to amend the Great Lakes Water Quality Agreement. The webinar will provide opportunity for questions and answers and hopefully will be archived.

Access a Binational website on Amending the Great Lakes Water Quality Agreement with further details, contacts and background information (click here).

Michigan Attorney General Launches StopAsianCarp Website

Jan 13: Michigan Attorney General Mike Cox, who it should be noted is a leading Republican candidate for Michigan Governor, launched the StopAsianCarp.com, an online petition enabling residents across the Great Lakes region to help convince Federal and local authorities responsible for carp infested waters to close the locks connecting them with Lake Michigan and protect the region's $7 billion fishing industry and over 800,000 Michigan jobs connected to the health of the Lakes.

Cox has filed a lawsuit with the U.S. Supreme Court requesting that the connections between the Mississippi River and Lake Michigan be permanently closed [See WIMS 1/12/10 for links to all legal filings]. The action is supported by most other Great Lakes states, environmental and conservation organizations and other; but, the Obama Administration, through its Solicitor General, and Illinois officials have opposed the efforts.

In a release, Cox said, "Families can visit StopAsianCarp.com and join us as we fight to protect the Great Lakes and thousands of Michigan jobs from the biological threat known as Asian carp. If we don't protect the Lakes today, we won't have another chance tomorrow." He indicated that the StopAsianCarp.com offers residents the opportunity to voice their opinion directly to President Obama and leaders in Congress and offers a one-stop-shop for information and materials connected with Cox's efforts before the United States Supreme Court.

Access a release from the AG announcing the new website (click here). Access the StopAsianCarp website (click here). Access a separate release from the AG on the lawsuit (click here).

Filings In Supreme Court Asian Carp Dispute & U.S. Position

Jan 11: Noah Hall, a law professor at Wayne State University and the executive director of the Great Lakes Environmental Law Center in Detroit, has created a blog post that provides links to all of the Supreme Court filings regarding the Asian carp dispute, and will be updated as new filings are made. Professor Hall is representing State Senator Patty Birkholz (R-Saugatuck Twp) and Representative Rebekah Warren (D-Ann Arbor), the respective Chairs of the Michigan Senate and House environmental committees, who are seeking to join the Federal lawsuit via filing an amicus brief to protect the Great Lakes and Michigan’s multi-billion dollar fishing and boating industries from Asian carp [See WIMS 1/5/10].

As previously reported [See WIMS 1/7/10], Michigan and other interests are extremely upset with the Obama Administration which has opposed the Michigan Attorney General's action to permanently close the connection of the Mississippi River to Lake Michigan and the Great Lakes. The Michigan action has been joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario. Michigan's Attorney General Mike Cox said he is "extremely disappointed by President Obama's choice to protect the narrow interests of his home state of Illinois while ignoring the pleas of Michigan and at least four other Great Lakes states" which have asked the United States Supreme Court for the immediate closure of Chicago-area waterways containing Asian carp.

According to the United States' Memorandum Opposing Michigan’s Motion for Preliminary Injunction filed by the U.S. Solicitor General Elena Kagan, "Michigan states in its petition for a supplemental decree (at29-30) that its ultimate goal is a permanent injunction separating the Great Lakes from the Mississippi River system, undoing a connection that for well over 100 years has served the important purposes of flood control, navigation, commerce, and sanitation. A host of responsible actors -- federal, state, and even international -- are deeply and intensely engaged in studying all the considerations involved in preventing the transmission of invasive species through that connection. For this Court to pretermit that process and to decree that the answer is to sever the connection, based on a purported federal common law rule, would be altogether inappropriate.

"In a host of ways, the federal government has demonstrated its commitment to protecting the Great Lakes from the expansion of Asian carp. Nothing in federal law warrants second-guessing its expert judgment that the best information available today does not yet justify the dramatic steps Michigan demands. . . The motion for a preliminary injunction should be denied."

Access Professor Hall's blog posting with links to all filings in the dispute (click here). Access the Great Lakes Law Blog postings on the Supreme Court litigation (click here). Also access the recent filing directly from the Supreme Court website (click here).

Great Lakes Initiative Interagency Funding Guide

Jan 8: U.S. EPA's Great Lakes National Program Office announced that the Great Lakes Restoration Initiative’s (GLRI's) Interagency Funding Guide has been updated. It provides one-stop-shopping for applicants interested in applying for over $250 million in grants and project agreements available through the GLRI. The grants and project agreements are intended to jump-start achievement of the Initiative’s long term goals: safely eating the fish and swimming at our beaches, assuring safe drinking water, and providing a healthy ecosystem for fish and wildlife. The Interagency Funding Guide also includes status information on offerings which are open (offerings from EPA and Fish and Wildlife) and those which have closed (offerings from NOAA and through Sustain Our Great Lakes).

Access an overview and the 20 page guide in Scribd or PDF formats (click here).

White House Opposes States' Legal Action To Stop Asian Carp

Jan 6: According to a release from the Michigan Attorney General, late in the day on January 5, the U.S. Solicitor General Elena Kagan filed a brief with the U.S. Supreme Court opposing Cox's efforts to protect the Lakes by closing the Chicago-area locks and waterways connecting carp-infested waters with the Lakes. Since filing his suit on December 21, 2009 [See WIMS 1/4/10], Cox has been joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario. The State of Indiana has also expressed support for Michigan's action. Additionally, a number of environmental organizations have also supported the legal action to close the locks. Asian carp are an aggressive invasive species that could quickly devastate Great Lakes fish populations and the hundreds of thousands of jobs and billions of dollars in economic activity which they support.

In his release Cox said he is "extremely disappointed by President Obama's choice to protect the narrow interests of his home state of Illinois while ignoring the pleas of Michigan and at least four other Great Lakes states" which have asked the United States Supreme Court for the immediate closure of Chicago-area waterways containing Asian carp. Cox called on Obama to immediately meet with him, Governor Jennifer Granholm, and others to hear first-hand the concerns Great Lakes states have due to the immediate threat posed by the aggressive invasive species.

Cox said, "I am extremely disappointed that President Obama sided with his home state while ignoring the concerns of the millions of families in Michigan, New York, Ohio, Wisconsin and Minnesota, whose jobs and way of life depends on protecting the Great Lakes from this economic and ecological disaster. I am hopeful, however, that by sitting down with us and listening to our concerns, he will come to recognize the urgency of protecting the jobs and ecology of the entire Great Lakes region."

Interestingly, the Obama Administration's Senior Advisor for Great Lakes issues, Cameron Davis, is the former head of the Alliance for the Great Lakes which also stongly supports the Supreme Court legal action initiated by the Michigan Attorney General. In June of 2009 U.S. EPA Administrator Lisa Jackson appointed the long-time Great Lakes advocate Davis to be EPA's Senior Advisor for Great Lakes issues. However, the newly announced Alliance President Joel Brammeier said in a release on December 21, "The Alliance applauds Michigan's move to protect the lakes. Knowing there are carp less than seven miles from Lake Michigan, we have to take every precaution until we know those canals are free from carp and the barrier is not being breached."

So what does EPA's Senior Great Lakes Advisor have to say. The Great Lakes Town Hall (GLTH) recently interviewed Cameron Davis (CD) and published the interview on January 3, 2010, The following is the portion of the interview dealing with the Asian Carp issue.

(GLTH) - After the waters past the electric barrier tested positive for Asian carp DNA, why weren't the locks immediately closed as a precautionary measure until it could be determined if any carp had made it as far as Lake Michigan?

(CD) - Thanks for asking the question because the call for lock closure has been really charged and it's important to have an honest discussion about it. First, the locks are old and leaky. Closing them would provide a false sense of security. But second and more important, the call for lock closure is largely based on eDNA sampling results. We're learning that eDNA is a good early warning system, but it shouldn't be relied on exclusively for making major management decisions. When rotenone (a piscicide) was applied near the Corps of Engineers' electric fences, where lots of Asian carp could have been, we only found one Asian carp. When the Illinois DNR contracted with commercial fishermen -- these people's livelihoods are based on capturing Asian carp among others -- they didn't find a single Asian carp out of hundreds and hundreds of other fish captured. eDNA is a new technology. It's an important color in the palate that helps us paint a picture of what's going out there in a waterway, but it's one color.

(GLTH) - What does the Asian carp emergency teach or tell you about the federal and state response to ecosystem threats, both urgent and especially for the long-term?

(CD) - The agencies have an enormous sense of urgency about keeping carp out of the Great Lakes. The December Rapid Response action to keep carp out of the Chicago Sanitary Ship Canal while the Corps of Engineers' electric fence IIA was down was a textbook team effort by local, state, provincial, federal and bi-national agencies that worked. Our goal was to keep carp out of the Great Lakes and in December we won. But that was just one battle. The agencies need to hit the gas on longer term, sustainable solutions.

The Natural Resources Defense Council (NRDC) which has also supported the states' Supreme Court lawsuit responded to the latest action of Illinois and the Federal government in a blog post saying, "We might be forced to wait 10 years for the Army Corps of Engineers to finish a study on permanent solutions to this mess, but it is inevitable that some sort of barrier will have to be put in place to re-establish the separation that existed between the Great Lakes and Mississippi River basin to prevent this dangerous invasive species, and the multitudes of other queued up to follow, from threatening 1/5 of the world’s fresh water. It seems to me that the threat should spur action on its own, but as I’ve noted repeatedly in this slow-motion disaster, the State and Obama administration should seize this moment as the biggest opportunity that this region has seen in a century to fix real problems and begin the real work of improving the environment, economy and commercial transportation infrastructure of the Great Lakes."

Access the release from Michigan AG Cox (click here). Access the release from the Alliance (click here). Access the complete GLTH interview with Davis (click here). Access the lengthy NRDC blog post (click here).

ICR Great Lakes Restoration Initiative Accountability System

Jan 5: U.S. EPA has issued a Federal Register information collection request (ICR) for comments on the Great Lakes Accountability System [75 FR 362-364, 1/5/10]. In 2010, EPA, in concert with its Federal partners, will begin implementation of a new Great Lakes Restoration Initiative (GLRI) which was included in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (Pub. L. 111-88). The GLRI will invest some $475 million in programs and projects strategically chosen to target the most significant environmental problems in the Great Lakes ecosystem.

The legislation calls for increased accountability for the GLRI and directs EPA to implement a process to track, measure and report on progress. As part of the process, Federal and non-Federal entities receiving GLRI funds will be required to submit detailed information on GLRI projects as part of their funding agreement. Recipients will be required to provide project-level information on the nature of the activity, responsible organization, organizational point of contact, resource levels, geographic location, major milestones and progress toward GLRI goals. The information is necessary to provide an accurate depiction of activities, progress and results. Information would be entered and updated on at least a quarterly basis.

A web-based Great Lakes Accountability System (GLAS) is being developed as the primary mechanism for collecting information on GLRI activities. The website will contain a user-friendly data entry interface for recipients to enter and submit project information directly into the GLAS. The data entry interface will consist of a series of screens containing pull-down menus and text boxes, where users can enter project specific information. The GLAS will provide the necessary information for reports to the President and will be accessible to the public via Internet.

Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. Comments must be submitted on or before March 8, 2010.

Access the FR announcement (click here). Access the EPA docket for this action for background and to review and submit comments and (click here).

FY 2010 Request For Fish & Wildlife Project Proposals

Dec 21: The Great Lakes Fish and Wildlife Restoration Act of 2006 (GLFWRA) Grant Program provides Federal grants on a competitive basis to states, tribes and other interested entities to encourage cooperative conservation, restoration and management of fish and wildlife resources and their habitat in the Great Lakes basin. The U.S. Fish and Wildlife Service is requesting project pre-proposals that focus on the restoration of fish and/or wildlife resources and their habitats in the Great Lakes Basin. Supported in part by President Obama’s Great Lakes Restoration Initiative (GLRI), a total of $8 million will be available to support projects this fiscal year. This represents the largest amount appropriated for this effort since the grants program began in 1998. Pre-proposals are due on Friday, January 22, 2010, by 11 PM EST.

Access links to complete information including the RFP, releases and related information (click here).

Draft Lake Superior Aquatic Invasive Species Plan

Dec 23: U.S. EPA's Great Lakes National Program Office has release the Draft Lake Superior Aquatic Invasive Species Complete Prevention Plan and is soliciting comments by February 26, 2010. The Lake Superior Binational Program developed the draft Plan for the lake which identifies the pathways aquatic invasive species use to enter and become established in the lake. The Plan recommends prevention actions that need to be newly implemented, in addition to existing efforts, in order to close existing pathways on both sides of the border and prevent new aquatic invasive species from entering the Lake Superior ecosystem.

A series of conference calls will be scheduled for February 2010. On these calls, the plan will be presented via a webcast, and comments will be welcome. In addition, a series of workshops will be held in the spring and summer of 2010 to provide additional information and answer questions. Additional workshop details will be available in early 2010. After the comment period closes on February 26, all comments will be considered and the Plan will be revised and finalized accordingly. An implementation plan will then be written and circulated which will help relevant agencies and organizations incorporate prevention actions and activities into their respective work plans.

Access an overview, links to the complete draft Plan, on-line commenting and related information (click here). Access the EPA Great Lakes website for links to extensive information (click here).

Q&A's On Great Lakes Restoration Initiative RFP

Dec 30: U.S. EPA's Great Lakes National Program Office has posted a number of questions and answers to the Great Lakes Restoration Initiative (GLRI) Request for Proposals (RFP) [See WIMS 12/8/09]. EPA notes that many questions were presented in email and in two public webinars which took place in early December 2009. These questions and all other questions that have been received have been answered and the answers posted on-line.

On November 23, EPA announced the issuance of the RFP [79 pages, Announcement No: EPA-R5-GL2010-1] which solicits proposals from eligible entities for grants and cooperative agreements to be awarded pursuant to a portion of the $475 million Great Lakes Restoration Initiative. Proposals must be received by EPA by noon Central standard time on January 29, 2010.

Access complete information on the RFP and Q&A's on the GLRI RFP website (click here).

MI & MN Ask U.S. Supreme Court To Stop Asian Carp

Dec 21: Michigan Attorney General Mike Cox announced that he has filed an action with the United States Supreme Court to immediately order Federal, state, and local officials responsible for Chicago-area locks and waterways to close them in order to stop Asian carp from entering the Great Lakes. According to a release from the AG, "The fish are an aggressive invasive species that could quickly devastate Great Lakes fish populations, causing severe damage to Michigan's economy by ruining the Great Lakes' $7 billion fishing and tourism industries."

AG Cox said, "Stopping Asian carp is an economic and environmental necessity for Michigan. The Great Lakes are an irreplaceable resource. Thousands of jobs are at stake and we will not get a second chance once the carp enter Lake Michigan. The actions of Illinois and federal authorities have not been enough to assure us the Lakes are safe. That's why the waterways must be shut down until we are assured that Michigan will be protected."

The lawsuit filed in the U.S. Supreme Court asks for the following actions: (1) Closure of the locks at the O'Brien Lock and Dam and the Chicago Controlling Works; (2) Operation of the sluice gates at the Wilmette Pumping Station, the O'Brien Lock and Dam, and the Chicago Controlling Works in a manner that will prevent carp from passing into Lake Michigan; (3) Creation of new barriers to prevent carp from escaping from the Des Plaines River into the Chicago Sanitary and Shipping Canal during flood events, and from getting to Lake Michigan through the Grand and Little Calumet Rivers; (4) Comprehensive study of the Chicago waterway system to define where and how many carp are in these waters, and to eradicate them; and (5) Action to permanently separate these waterways from the Great Lakes.

The suit comes after Illinois and Federal authorities reportedly executed the largest fish kill in Illinois history in response to the discovery of Asian carp DNA just miles from Lake Michigan [See WIMS 12/8/09]. Cox said, "The U.S. Army Corps of Engineers has itself admitted allowing Asian carp into the Great Lakes would be an 'ecological and economic disaster. Michigan families whose jobs and way of life depend on the health of the Great Lakes deserve to know there is a long-term solution to this crisis." Cox has appointed veteran assistant attorneys general Peter Manning and Robert Reichel to lead the team of lawyers handling this case.


On December 22, the Minnesota Attorney General Lori Swanson filed a brief joining in the action and supporting the relief requested by Michigan. Minnesota has 140 miles of Lake Superior shoreline. Swanson’s brief points out that recreational and commercial fishing on Lake Superior are important to Minnesota’s economy. The brief indicates that, “Maintaining proper stewardship of the Great Lakes by stopping the entry of Asian carp is essential to the continued use and enjoyment of this important American natural resource.” She cited the December 4, 2009 report of the U.S. Army Corp of Engineers saying, “The prevention of an interbasin transfer of bighead and silver carp from the Illinois River to Lake Michigan is paramount in avoiding an ecologic and economic disaster.”

Swanson’s brief also expresses concern for Minnesota’s regular fishing industry if Asian carp advance into inland Minnesota lakes through Lake Superior: She indicated, “If they invade the Great Lakes, they will have access to the rivers and tributaries that feed into the Great Lakes, thereby threatening inland waters. This would be extremely destructive to Minnesota’s economy and way of life, where inland fishing is an important recreational and economic pursuit. Indeed, Minnesota is known as ‘The Land of 10,000 Lakes,’ and the recreational fishing in Minnesota alone is a $2.725 billion per year industry.”

The Natural Resources Defense Council (NRDC), which lauded the action, issued a release saying the lawsuit re-opens a nearly century-old Supreme Court case against the State of Illinois and the Metropolitan Water Reclamation District of Greater Chicago to force immediate action on the carp issue. Legal and policy experts from NRDC said the suit could "trigger an improvement of the region’s water infrastructure and enhance Great Lakes transportation policy."

Henry Henderson, Director of NRDC's Midwest Program (and a former Commissioner of the Environment for the City of Chicago) who has blogged extensively on the potential for the Supreme Court case to be a viable legal tool to bring increased urgency to the carp crisis said, “Michigan has made a smart move with this bid to re-open the U.S. Supreme Court’s review of threats posed by the Chicago Diversion to the well-being of the Great Lakes ecosystem. The other Great Lakes states should join Michigan in pursuing all available legal steps to permanently separate the Great Lakes from the Mississippi River watershed.


“Throughout this slow-motion disaster we have seen a decided lack of urgency in the actions taken to fend off the carp threat. Hopefully, Michigan’s action will light a fire. Temporary emergency closure of the locks will not fix the problem -- but it will provide breathing room while real, scientifically sound, legally binding solutions are installed and public processes are engaged. This will not be a quick long-term fix. Though only a fraction of the goods passing through the Chicago region are waterborne, there are legitimate shipping and business concerns about the impact that this could have on barge traffic and management of sewage. With the health of the Great Lakes at stake, however, the interests of multi-billion dollar fishing, boating, and tourism industries and the quality of 1/5 of the world’s fresh water should really take precedence.”

Access a release from the Michigan AG (click here). Access a release from the Minnesota AG (click here). Access a release from NRDC with links to related information (click here).