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).

HOW Calls For $972 Million Great Lakes CSO Investment

Aug 9: The Healing Our Waters (HOW) Campaign is calling on Congress to increase their investment in wastewater infrastructure in an effort to restore the Great Lakes and create tens of thousands of jobs in the region. In five historic Great Lakes cities HOW released its report: Turning the Tide: Invest in Wastewater Infrastructure to Create Jobs and Solve the Sewage Crisis in the Great Lakes. According to a release, nearly 200 communities on the U.S. side of the lakes have antiquated combined sewer systems (CSO) that when overloaded from rain or snow untreated sewage is sent into our lakes…and drinking water. HOW said this forces beaches to close, puts public health in danger, harms wildlife and hurts tourism.

 

    Eliminating the sewage problem is key to restoring health to the Great Lakes. The report emphasizes a two part solution that would help cities separate miles of combined sewer pipes (historically called gray infrastructure) while building up natural sources of storm water absorption such as green roofs, rain gardens and installing pervious pavement (recently termed green infrastructure). HOW said the States in the Great Lakes Basin need at least $23.3 billion to fix the CSO problems which they say the region cannot afford. Compounding the problem, they say, in recent years the Federal Government has actually reduced the amount of money available on loan to the states and cities for sewerage infrastructure.

 

    The Clean Water State Revolving Fund -- a low-interest loan scheme for sewer upgrades -- declined from $1.35 billion in 1998 to $689 million in 2008. And although Congress did inject more money into sewer infrastructure last year in the American Recovering and Reinvestment Act of 2009 -- How says "it still falls far short of the need." The report highlights five cities -- Buffalo, Cleveland, Detroit, Gary, IN, and Milwaukee -- and it examines how the cities are facing the infrastructure challenge.

    HOW is asking Congress to provide at least $2.7 billion in low interest loans this year with $972 million set aside for Great Lakes states and 20 percent prioritized for green infrastructure projects. The report says, "Eliminating combined sewage overflows needs to be an essential part of the effort to restore the Great Lakes and revive the economy." HOW said by doing nothing and allowing the status quo to continue any other effort made to return the Great Lakes to a healthy state of being will be slowed down. They also said that according to the Water Infrastructure Network for every $1 billion invested in wastewater infrastructure up to 26,669 jobs are created.

    Access a release from HOW (click here). Access a separate release and link to the complete report (click here).

Carp Above Barrier Maybe Put There By Humans

Aug 5: A six-year-old Bighead carp that was caught in the waters of Lake Calumet just outside Lake Michigan, and beyond the electronic barrier, in late June may have lived nearly its entire life in waters of Great Lakes origin according to tests and analysis conducted by Southern Illinois University Carbondale (SIUC). The tests were conducted by the SIUC Fisheries and Illinois Aquaculture Center. Illinois Department of Natural Resources Assistant Director John Rogner said, "While this report does not have all the answers, it does suggest to us that the fish caught in Lake Calumet last month may have been put there by humans, perhaps as a ritual cultural release or through bait bucket transfer. It underscores the need for the public to be even more vigilant and educated about Asian carp and the importance of not furthering the spread of these invasive species." 

    The tests looked at chemical markers in the inner ear bones, or otoliths, of the fish. Otoliths incorporate chemicals into their structure that are unique to the environments in which they live. They have been used in recent years to reconstruct the environmental history of individual fish or fish stocks. Dr. Jim Garvey, director of the SIUC Fisheries and Illinois Aquaculture Center said, "The inferences about the environmental history of this fish should be viewed as preliminary and inconclusive given the data limitations and assumptions. But it is very plausible that this fish originated in the Illinois River and then moved or was transported to Lake Calumet or Lake Michigan during the early portion of its life."

    The Bighead carp, which measured 34.6 inches and weighed nearly 20 pounds, remains the only Asian carp found above the electric barrier despite extensive sampling and search operations since June 22 throughout the Chicago Area Waterway System (CAWS). Sampling above the electric barriers also remains an important and continued effort in the Asian Carp Control Strategy Framework, which includes both short and long term actions to stop the migration of Asian carp into the Great Lakes.

    Access a release from the Asian Carp Control website and link to the complete report (click here). Access the Asian Carp Control website for more information (click here).

$28 Million For The Great Lakes In FY2011 State Dept Bill

Aug 5: Senators Debbie Stabenow and Carl Levin (both D-MI) announced that the Senate Appropriations Committee had approved more than $28 million for the Great Lakes in the FY 2011 Department of State, Foreign Operations, and Related Programs Appropriations Bill. The Great Lakes Fishery Commission, headquartered in Ann Arbor, is slated to receive $25.7 million, including $4.4 million for sea lamprey control and fishery research in the Great Lakes Basin. The International Joint Commission, based in Washington, DC, with a regional office in Detroit, will receive more than $7.8 million, about $3 million of which will go to the Great Lakes. The bill, which was approved by an 18-12 vote (straight partyline) must now be approved by the Senate and a House-Senate conference committee before being given final congressional approval and sent to the president for his signature.

    Access a release from the Senators (click here). Access a summary from the Appropriations Committee (click here).

Hearing On Great Lakes Transport Of Radioactive Steam Generators

Jul 29: The Canadian Nuclear Safety Commission (CNSC) announced that it will hold a one-day public hearing to consider the application by Bruce Power Inc. (Bruce Power) for a transport license for the shipment of 16 radioactive steam generators by ship through the Great Lakes and St. Lawrence Seaway to Sweden for recycling in the fall of 2010, from Bruce Power's site located in Kincardine, Ontario. The hearing is set for September 29, in Ottawa, Ontario and will be webcasted live on the Internet and archived for a period of 90 days.

 

    The CNSC received a transport license application from Bruce Power on April 1, 2010. The company proposes to transport 16 steam generators to Sweden for recycling. Since receipt of the application, Bruce Power's proposal has been the subject of formal technical reviews by CNSC staff. No recommendation for the issuance of a transport license will be made unless the Commission is convinced that the shipment will be completed safely, without risk to the health, safety or security of Canadians and the environment.

 

    According to the public notice, a low risk license application like this one would normally be decided by a Designated Officer (DO). CNSC staff has concluded that there are no safety significant issues associated with the proposed shipment. However, in light of the public concern and the value to ensuring both a proper understanding of the scope of the undertaking and the presentation of accurate information relating to the health, safety and risk, the DO has asked that the Commission review the application at a one-day public hearing.

 

    Some environmental activist are saying, "This would also put shipments of radioactive wastes from reactors on the Great Lakes for the first time -- a major policy decision that would affect everyone who depends on the Great Lakes and St. Lawrence Seaway watersheds, and should not be rushed through, over the heads of other nations and communities, who share both the use and responsibility for these invaluable and irreplaceable fresh waters."

 

    Access the public hearing notices with further details (click here). Access a posting from environmental interests and comments (click here). Access the CNSC website for further information (click here).

NOAA Grant For Great Lakes Microcystis Research

Aug 3: NOAA has awarded New York-based Stony Brook University (SBU) $285,895 as part of an anticipated three-year, nearly $500,000 project to determine how different kinds of phosphorous, a nutrient required by all plants for growth, trigger toxic blooms of blue-green algae in the Great Lakes. The project will focus on the algal species Microcystis, which frequently causes massive and unsightly blooms in Lake Erie and Lake Ontario. Microcystis sometimes produces toxins that can cause acute and chronic illness in humans and is a growing problem that impacts drinking water and recreation worldwide. It has long been known that nutrient pollution, especially phosphorus, stimulates excessive growth or blooms this alga.

    Phosphorus, however, can be present in several different chemical forms, which are difficult to measure. The researchers will test whether specific forms of phosphorus cause Microcystis to grow or become more toxic and whether controlling those forms might reduce blooms or their toxicity. Using new information about how Microcystis genes regulate uptake and utilization of these different kinds of phosphorus, the researchers will develop new tools to overcome the measurement difficulties. They will then apply these tools during natural blooms in order to identify which types of phosphorous are most instrumental in stimulating bloom formation. Christopher Gobler, associate professor at SBU and lead investigator from the project said, "There are many types of phosphorus and knowing which types can trigger a toxic algal bloom is paramount. Coastal managers and local officials need this data to make important decisions to protect public health and the coastal ecosystem."

    Access a release from NOAA and links to related information (click here).