Friday, January 22, 2010

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).

Thursday, January 21, 2010

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).

Wednesday, January 20, 2010

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)

Tuesday, January 19, 2010

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).