GLC Calls For Ecological Separation To Stop Asian Carp

Feb 23: The Great Lakes Commission (GLC) has called on Congress and the U.S. Army Corps of Engineers to embrace a clear goal of ecological separation of the Great Lakes and Mississippi River watersheds as the key, permanent strategy in the war against Asian carp and their threatened invasion of the Great Lakes. The resolution, approved by the Commission, asks Congress to provide the Corps with authority and substantial resources to complete the study of ecological separation -- defined as prevention of the movement of invasive species between the watersheds -- and to accelerate completion of the Chicago Sanitary and Ship Canal portion of the study to September 2011.

    The resolution also calls for accelerating the timetable for full operation of the Asian carp barrier system on the Chicago Ship and Sanitary Canal and to establish structural measures to prevent the inadvertent introduction of Asian carp from floodwaters of the Des Plaines River into the canal, and ultimately the Great Lakes. The action took place at the Commission's 2010 Semiannual Meeting in Washington, DC where the eight member states of the Commission, along with associate Canadian member provinces of Ontario and Québec, voiced consensus on the need to inhibit further movement of Asian carp northward to the Great Lakes.

    In other Commission business, implementation and ongoing support for the Great Lakes Restoration Initiative (GLRI) were key focal points of the Great Lakes Commission's federal legislative priorities for FY 2011, formally released at the meeting. The Commission's federal priorities, outlined in the publication "Fulfilling the Promise for the Great Lakes: Advancing Great Lakes Restoration and Economic Revitalization," are largely driven by the GLRI's five focus areas: aquatic invasive species, contaminated sediments, nonpoint source pollution, degraded wetlands and threatened fish and wildlife resources. Enacted by Congress with full funding of $475 million for FY 2010, the GLRI is planned as a five-year program to restore and protect the Great Lakes. The Administration has proposed funding at a level of $300 million for FY 2011. The complete GLC 2011 legislation program is available from the Commission's website indicated below.

 

    Access a release from GLC (click here). Access links to the Resolution details (click here, to be posted soon). Access the GLC FY11 Legislative Priorities (click here).

Great Lakes Advocates In DC For Funding & Carp Action

Feb 23: According to a release from the Healing Our Waters (HOW) Coalition, more than 100 citizens from the Great Lakes states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin are traveling to Washington, DC on February 23-24, to ask U.S. Senators and Representatives to support three priorities: (1) Fund the Great Lakes Restoration Initiative at $475 million; (2) Take aggressive action to prevent the Asian carp from taking hold in the Great Lakes, while working toward the permanent separation of  the Mississippi and Great Lakes basins; and, (3) Pass Great Lakes restoration legislation that propels restoration forward by establishing a restoration framework to ensure transparent priority-setting, accountability, and most importantly action. The groups action comes immediately following U.S. EPA release of its 5-year, $2.2 billion Great Lakes Restoration Initiative (GLRI) Action Plan on February 21 [See WIMS 2/22/10].

 

    Jeff Skelding, campaign director for HOW Coalition said, "Congress and the Obama Administration have demonstrated that the Great Lakes are a priority for the nation. What's most needed now is an all-out effort to beat back the Asian carp and a commitment by Congress to restore funding for successful restoration programs that create jobs, while laying the foundation for long-term
prosperity. It's time for the nation to roll up its sleeves and get to work, before the problems get worse and more costly."

    While the Obama Administration has proposed only $300 million for GLRI in its FY 2011 budget -- down $175 million from FY 10 -- the Coalition is pushing for continuing the $475 million funding level. The Administration explained the reduced funding in budget documents indicating that, "In 2009, the President announced a new Great Lakes Restoration Initiative, committing the Federal government to significantly advance Great Lakes protection and restoration. In FY 2011, EPA is increasing the relative funding for the Invasive Species focus area in recognition of anticipated new demands such as fighting incursion of Asian Carp. FY 2011 funding has been reduced to reflect ramp up period, allowing time for the program to absorb the initial influx of FY 2010 $475 million in resources." [See WIMS 2/1/10].

 

    However, the Coalition points out that U.S. EPA recently requested proposals for approximately $120 million in restoration projects as part of the GLRI. The Agency received more than 1,050 proposals totaling more than $940 million -- a level of demand more than 7 times the supply of available funds. They said many projects will not be funded. Skelding said, "After decades of assault and abuse, the Great Lakes will not be healed over night. The backlog of work is enormous. It's going to take a sustained, multi-year effort to nurse the Lakes back to health, which is why we need Congress' support now. This is good to do for the environment and the economy."

 

    Access a release from the HOW Coalition (click here).

Administration Releases Great Lakes Restoration Plan

Feb 21: As previously announced U.S. EPA Administrator Lisa Jackson unveiled the Obama Administration's Great Lakes Restoration Initiative (GLRI) Action Plan at a press conference on Sunday, February 21, at 10:30 AM in Washington, DC. The Plan developed in collaboration with 15 other Federal agencies describes how the Initiative will be executed from 2010 through 2014. In February 2009, President Obama proposed $475 million for the Initiative's FY 2010 funding and recently announced $300 million for the FY 2011 budget.

    According to an announcement of the Plan, the Initiative is not intended to be "another grand statement about the Great Lakes; it is intended to operationalize those statements. It builds on countless hours by elected, agency, business, public interest and other leaders, which resulted in the Great Lakes Regional Collaboration Strategy (GLRC Strategy). The GLRC Strategy provides a framework for the Action Plan, and the Action Plan is just that: an action driver. It articulates the most significant ecosystem problems and efforts to address them in five major focus areas."

    The five areas of major focus include: (1) Toxic Substances and Areas of Concern, including pollution prevention and cleanup of the most polluted areas in the Great Lakes; (2) Invasive Species, including efforts to institute a "zero tolerance policy" toward new invasions, including the establishment of self-sustaining populations of invasive species; (3) Nearshore Health and Nonpoint Source Pollution, including a targeted geographic focus on high priority watersheds and reducing polluted runoff from urban, suburban and, agricultural sources; (4) Habitat and Wildlife Protection and Restoration, including bringing wetlands and other habitat back to life, and the first-ever comprehensive assessment of the entire 530,000 acres of Great Lakes coastal wetlands for the purpose of strategically targeting restoration and protection efforts in a science-based manner; and (5) Accountability, Education, Monitoring, Evaluation, Communication and Partnerships, including the implementation of goal- and results-based accountability measures, learning initiatives, outreach and strategic partnerships.

    The Action Plan identifies goals, objectives, measurable ecological targets, and specific actions for each of the five focus areas identified above. The announcement indicates that, "The Action Plan will be used by federal agencies in the development of the federal budget for Great Lakes restoration in fiscal years 2011 and beyond. As such, it will serve as guidance for collaborative restoration work with participants to advance restoration. The Action Plan will also help advance the Great Lakes Water Quality Agreement with Canada."

    Access the announcement (click here). Access the 41-page Action Plan (click here). Access the GLRI website for complete information (click here).

Officials To Announce Great Lakes Action Plan Sunday

Feb 19: According to an announcement from U.S. EPA, Administrator Lisa Jackson will unveil the Obama Administration's Great Lakes Restoration Initiative Action Plan at a press conference on Sunday, February 21, at 10:30 AM in Washington, DC. She will be joined by Wisconsin Governor Jim Doyle and Ohio Governor Ted Strickland, co-chairs of the Council of Great Lakes Governors. In February 2009, President Obama proposed $475 million for a Great Lakes Restoration Initiative. The Action Plan, which covers the years 2010 through 2014, will outline the goals and key actions the administration believes are necessary to restore and protect this natural and economic treasure.

 

    Access an announcement from EPA (click here).

Enviros Join In Supreme Court Request To Stop Asian Carp

Feb 19: Three major environmental groups -- Alliance for the Great Lakes (Alliance), National Wildlife Federation (NWF), and Natural Resources Defense Council (NRDC), filed a friend of the court brief urging the U.S. Supreme Court to take up a Michigan lawsuit, filed by Attorney General Mike Cox [See WIMS 2/4/10] that calls for a long-term permanent solution to keep the destructive Asian carp from entering Lake Michigan through Chicago's artificial navigational channels. The brief indicates that the nation's highest court is the proper venue for deciding a dispute that affects everyone who lives in a Great Lakes state.

    Lyman Welch, attorney and Water Quality Program manager for the Alliance said, "An issue of this magnitude and consequence for all of the Great Lakes states should land squarely in the Supreme Court. We're asking the Court to intervene in an unprecedented crisis that, left unchecked, will impact the livelihoods of all who depend on a healthy Great Lakes." Alliance President Joel Brammeier, who co-authored a study on the subject in 2008 said, "The permanent solution is not technology, but what we call 'ecological separation' -- or no movement of live organisms between the Great Lakes and the Mississippi River via the canals."

    Built to divert Chicago's wastewater away from Lake Michigan and into the Illinois River, the groups indicated that the City's complex system of rivers and canals creates an "aquatic superhighway for the jumbo-sized Asian carp and other invasives to travel between the Lake Michigan and Mississippi watersheds." The environmental groups have called for a physical separation of the two watersheds -- essentially returning them to their natural status -- as the only permanent way to protect both basins. The Great Lakes Fishery Commission and U.S.-Canadian International Joint Commission (IJC) have commended the Alliance for leading the separation initiative, and the concept is now supported by most experts, states and the international community as the only long-term solution.

    The Supreme Court on January 19 rejected Michigan's request for a preliminary injunction to temporarily seal off two Chicago-area locks and waterways leading into Lake Michigan [See WIMS 1/19/10 & 1/20/10]. The court has not yet ruled on another Michigan request to reopen a nearly century-old case in which the high court allowed Chicago to divert its wastewater from Lake Michigan to the Illinois River, despite the protests of the other Great Lakes states. Thom Cmar, attorney with NRDC said, "The Asian carp invasion is a crisis, but it's also an economic opportunity for Chicago and the entire Great Lakes region. By investing in a real solution to stop this army of fish, at the same time we can create new jobs and move toward sustainable transportation and wastewater infrastructure. The multi-billion dollar Great Lakes fisheries, tourism and recreation industries are at stake. The Supreme Court should take this case so we can bring the states together to solve this problem."

    Michigan and the environmental groups argue that the Supreme Court should appoint a "special master" -- an expert in water law, shipping, or related fields -- to decide whether to temporarily close the locks on Chicago-area canals and create an ecological separation between the Mississippi River and Great Lakes basins. NRDC's Cmar said, "Having the Supreme Court available as this neutral arbiter of disputes among states would take it out of this world we're in now where we're being asked by the state of Illinois and the Army Corps to just trust them. There are all sorts of reasons why we're concerned we can't simply trust them."

    Access a release from the groups (click here). Access the 31-page amicus brief to the Supreme Court (click here). Access a blog posting by NRDC with further explanation of the legal action (click here). Access a release and link to the Alliance study on ecological separation (click here). Access links to all Michigan filings in the Supreme Court case (click here). Access the Michigan, Illinois and all legal filings in the case (click here).

Agencies Begin Intensive Sampling For Asian Carp

Feb 17: Fisheries biologists from the Illinois Department of Natural Resources (IDNR) and the U.S. Fish and Wildlife Service (USFWS) are beginning intensive sampling operations in multiple locations within the Chicago Area Waterway System (CAWS) this week. The sampling efforts include using commercial fishing nets and electro fishing gear in an attempt to locate either silver or bighead Asian carp above the U.S. Army Corps of Engineers Electric Fish Barrier System. The sampling operation will also include the use of commercial fishermen and is scheduled to take place in the CAWS over the next 2-3 weeks.

    Sampling crews will concentrate their efforts near warm water discharges created by various industrial operations along the waterway system. These areas of warm water serve as a place of congregation for fish during the winter when water temperatures drop significantly. The agencies said, "The sampling effort on the CAWS is an important step 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 IDNR (click here). Access the WIMS Great Lakes Environment Blog for recent posting regarding the Asian Carp issue (click here). Access the 46-page draft Asian Carp Control Strategy Framework (click here). Access the Asian Carp Coordinating Committee website for extensive details and background (click here).

Groups Continue Push To Slow Down Great Lakes Agreement

Feb 16: Environmental organizations are warning that the public is at risk of being shut out of renegotiation of the Great Lakes Water Quality Agreement, the landmark policy that, since 1972, has driven critical public health and water quality improvements in the region. In a letter sent to the governments three weeks ago [See WIMS 1/28/10], over 30 groups expressed concern that "this oversight would seriously undermine confidence in the final Agreement, depriving the governments of public input now and public support later." They said, to date, government negotiators have failed to acknowledge the letter and its recommendations.
 
    John Jackson, Director of Clean Production and Toxics with Great Lakes United said, "Canada and the United States have created a process that stifles public involvement and shuts out constructive input. Ultimately, this will fail their citizens, fail the communities dependent on the lakes for their livelihood, and fail the Great Lakes themselves." The groups said in a release that the letter of concern was sent after the governments outlined steps for the renegotiation that would rush the process through by the end of the year. The first step of that process, a "governance" comment period, closed yesterday -- giving the public just a month's notice to offer input on a complex set of issues and no hint of what either nation is proposing.
 
    In comments on governance issues submitted on February 15, to the governments, the groups argued that "if we fail to reform governance issues -- the rules and systems by which the U.S. and Canada and their agencies work together on Great Lakes challenges -- then our ability to make genuine progress on specific issues such as toxics, invasive species, and climate change will fall far short of what the lakes need." The groups said they are concerned that if this comment period is any example, the whole process of renegotiating the Agreement could fail. The Agreement has been renegotiated twice in the past and they point out that in each instance, public and scientific input has been critical in better defining the agreement's scope, and in setting strong obligations that have "dramatically improved the health of the Great Lakes." They cite, for example, in 1987, more than 30 citizen hearings were held across the region.
 
    The letter to the governments included 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.

 

    Access a release from the groups with links to more information on the recommendations and the letter (click here).