Envisioning A 21st Century Chicago Area Waterway System

Jul 22: Great Lakes states and cities joined together to announce an initiative that seeks to transform water management and transportation in the Chicago region for the 21st Century, while safeguarding the Great Lakes from economic and ecological damage caused by Asian carp and other biological invasions from the Mississippi River basin. According to a release, the initiative will seize upon one of the greatest challenges in the region from Asian carp as an opportunity to develop options to protect both basins while significantly advancing water quality, flood control, transportation, and the economy in the Chicago area.
 
    A team led by the Great Lakes Commission (GLC) and the Great Lakes and St. Lawrence Cities Initiative, organizations representing governors, state officials and mayors, will convene users, stakeholders and technical experts to identify the best economic and environmental solutions for separating the Mississippi River basin from the Great Lakes in the Chicago Area Waterway System (CAWS), the connection between the two watersheds created in 1900.
 
    Titled Envisioning a Chicago Area Waterway System for the 21st Century, the 18-month initiative will assess modernization and improvements to the Waterway System in a way that enhances commercial, recreational and environmental benefits, while preventing the transfer of damaging invasive species. The collaborative received initial funding from two Chicago-based funders: the Joyce Foundation and the Great Lakes Protection Fund. Other funders across the Great Lakes region are being approached to contribute to this $2 million project.
 
    Through the project's intensive stakeholder outreach process, all key interests -- shippers, water managers, government agencies, citizen groups, recreational and commercial boaters, tribes, and others -- will be engaged by the team leaders to explore and evaluate options for separating the Great Lakes and Mississippi River basins. The natural barriers between these two watersheds were artificially removed during the last century. The recent confirmation of Asian carp on the Lake Michigan side of the dispersal barrier increases the importance of designing permanent, long-term solutions.
 
    U.S. Senator Debbie Stabenow (D-MI) said, "The best permanent solution to protecting the Great Lakes from damaging aquatic invasive species is to separate the two watersheds by closing the artificial connection in the Chicago area." Michigan Governor Jennifer Granholm said, "This project is not meant to displace the essential and urgent work of other institutions and governmental entities. Their responsibility for immediate action to prevent the spread of the Asian carp remains. This study tackles the larger, longer-term task of redesigning the waterways for sustainability. Both jobs need to be done, and both need to succeed."
 
    Access a lengthy release from GLC with more information (click here). Access a fact sheet on the initiative (click here).

Executive Order On Stewardship Of Ocean, Coasts, & Great Lakes

Jul 19: With little fanfare, President Obama signed an Executive Order establishing a National Policy for the Stewardship of the Ocean, Coasts, and Great Lakes on July 19, 2010. The Executive Order adopts the Final Recommendations of the Interagency Ocean Policy Task Force and directs Federal agencies to take the appropriate steps to implement them. The Executive Order strengthens ocean governance and coordination, establishes guiding principles for ocean management, and adopts a flexible framework for effective coastal and marine spatial planning to address conservation, economic activity, user conflict, and sustainable use of the ocean, our coasts and the Great Lakes.

    Obama Administration officials also released the Final Recommendations of the Ocean Policy Task Force on July 19, 2010, which would establish a National Policy for the Stewardship of the Ocean, Coasts, and Great Lakes (National Policy) and create a National Ocean Council (NOC) to strengthen ocean governance and coordination. The Final Recommendations prioritize actions for the NOC to pursue, and call for a flexible framework for coastal and marine spatial planning to address conservation, economic activity, user conflict, and sustainable use of the ocean, our coasts and the Great Lakes. The NOC would coordinate across the Federal Government to implement the National Policy. The Final Recommendations also call for the establishment of a Governance Coordinating Committee to formally engage with state, tribal, and local authorities. 

    Nancy Sutley, Chair of the White House Council on Environmental Quality (CEQ) said, "President Obama recognized that our uses of the ocean are expanding at a rate that challenges our ability to manage significant and often competing demands. With a growing number of recreational, scientific, energy, and security activities, we need a national policy that sets the United States on a new path for the conservation and sustainable use of these critical natural resources."

    On June 12, 2009, President Obama sent a memorandum to the heads of executive departments and Federal agencies establishing an Interagency Ocean Policy Task Force and charged it with developing recommendations to enhance national stewardship of the ocean, coasts, and Great Lakes and promote the long term conservation and use of these resources. The Task Force was led by CEQ and included 24 senior-level policy officials from across the Federal Government. At the President's direction, the Task Force released an Interim Report in September 2009 and an Interim Framework for Effective Coastal and Marine Spatial Planning in December 2009. 

    Each of the reports was made available online for public comment. The Task Force received and reviewed close to 5,000 written comments from Congress, stakeholders, and the public before finalizing its recommendations. The Task Force's Final Recommendations combine and update the proposals contained in the two earlier reports.

    Miyoko Sakashita, oceans director at the Center for Biological Diversity (CBD), issued a statement saying, "Our oceans are in urgent need of a coordinated approach for their conservation and management, and this new national policy is a step in the right direction. Our oceans face numerous threats, from overfishing and pollution to climate change and acidification. The policy announced today acknowledges that our country needs to initiate a comprehensive program to ensure healthy and productive oceans and coasts for generations to come. The Obama administration's proposal creates a governance structure for the management of the oceans and sets out a program for marine spatial planning -- which, like zoning on land, would designate certain areas for diverse uses such as drilling, fishing, shipping and protection. But the proposal lacks guarantees for conservation and biodiversity protection. . . The policy announced today is a good and necessary step toward coordinated planning and conservation, but we have yet to see if it will translate into good management."

    Access an announcement from the CEQ with links to the Executive Order and all background documents (click here). Access a release from CBD (click here).

MI, MN, PA, WI, OH Attorneys General Join In New Asian Carp Lawsuit

Jul 19: Michigan Attorney General Mike Cox announced that his office has filed a suit in U.S. District Court for the Northern District of Illinois to force the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago to take emergency action to block Asian carp from entering Lake Michigan, and accelerate efforts to develop a permanent solution to protect the Great Lakes. Attorneys general from Wisconsin, Minnesota, Pennsylvania and Ohio have joined Cox in the effort to protect the Great Lakes, due to what Cox called "the Army Corps' dismal record of inaction in confronting Asian carp."

 

    Cox, a Republican gubernatorial candidate said, "President Obama and the Army Corps of Engineers have failed to fight Asian carp aggressively. Asian carp will kill jobs and ruin our way of life. We cannot afford more bureaucratic delays -- emergency action must be taken to protect the Great Lakes." The lawsuit is supported by affidavits from experts at the Michigan Department of Natural Resources and Environment (MDNRE) and Wayne State University, and includes a motion for preliminary injunction seeking immediate action to address the threat that Asian carp will enter Lake Michigan. Cox indicated in a release that the imminence of this threat was made clear by the recent capture of a live bighead carp in Lake Calumet, six miles from Lake Michigan and beyond any barriers.

 

    The release indicates that the lawsuit is based on: (1) Public Nuisance: By failing to stop Asian carp from entering the Great Lakes, the Corps allows grave and likely irreparable harm to the aquatic resources of the Great Lakes and the shared public rights to them; and (2) The Administrative Procedures Act: The Federal Administrative Procedures Act allows legal challenges to Federal agency decisions that are arbitrary or unlawful.

 

    In the lawsuit, Cox points to the Army Corps' recent failures to implement commonsense emergency actions to stop Asian carp, and the Administration's denial of the request by Ohio for a new Carp Summit, even after the recent discovery of Asian carp in Lake Calumet. Cox indicated that, "Despite mounting evidence over the last several months that Asian carp are present in Chicago waterways, the Army Corps has refused to temporarily close the O'Brien and Chicago Locks, failed to apply fish poison in every location that tested positive for Asian carp eDNA, failed to comprehensively address all pathways linking Lake Michigan with carp-infested Illinois waterways, and failed to sufficiently accelerate the evaluation of a permanent separation of the Great Lakes Basin from the carp-infested Chicago Area Waterway System."

    The lawsuit calls for the Corps to use all available efforts to block Asian carp passage in the waterways linked to Lake Michigan, including: Use block nets, other physical barriers and fish poison at strategic locations to block or kill Asian carp that have already swam through the O'Brien lock, dangerously close to Lake Michigan; Install and maintain block nets and other physical barriers in the Little Calumet River, where no barrier of any kind currently exists; Temporarily close the O'Brien and Chicago Locks, except as needed to protect public health and safety; Temporarily close sluice gates at the O'Brien Lock, the Chicago River Controlling Works, and the Wilmette Pumping Station, except as needed to protect public health and safety; Install and maintain screens on all sluice gates mentioned above to reduce the risk of fish passage when gates are open; and Accelerate efforts to complete a feasibility study of a permanent hydrological separation of the Great Lakes Basin from the Mississippi River within the next 18 months, with reports at six and 12 months.

 

    According to the release from Cox, "The lawsuit makes clear that all of the requested action would be subject to exceptions to prevent flooding, allow access for emergency responders, and any other action necessary to prevent serious threats to public health and safety." Earlier this year, Cox petitioned the U.S. Supreme Court to intervene to address the threat of Asian carp. The Supreme Court declined the take up the case, but did not rule on the merits of the legal claims by Michigan and other Great Lakes states.

 

    A group known as Un-Lock Our Jobs issued a release saying the lawsuit would "force short-term, costly and ineffective solutions to the prevent Asian carp from entering Lake Michigan." The group said it is an organization working towards a "comprehensive solution to stop the spread of Asian carp, while leaving the Chicago locks open to commerce." Speaking on behalf of the group, Mark Biel, executive director of the Chemical Industry Council of Illinois said, "This is yet another example of the political grandstanding that is counterproductive to this debate. The Army Corps already stated lock closure will not lower chances of Asian carp entering Lake Michigan; it absolutely devastates waterway commerce and does nothing to help the situation. Furthermore, the demands for additional barriers are completely gratuitous -- plans for an additional electric barrier are already in motion. Why is it necessary to sue unless these politicians are focused primarily on getting their names in headlines?"

 

    Un-Lock Our Jobs indicates that it was founded to protect the uninterrupted operation of the "Avenue of the America's" -- the essential waterway connection between the Great Lakes and the Mississippi River corridor. A project of the Chemical Industry Council of Illinois, Un-Lock Our Jobs is a coalition of agriculture, business, labor, river communities, and concerned citizens working towards a comprehensive solution to stop the spread of Asian Carp, while leaving the Chicago locks open to commerce.

 

    Access a release from AG Cox (click here). Access a release from Un-Lock Our Jobs (click here). Access the Un-Lock Our Jobs website for more information (click here).

Senators Urge Expanded Corps Authority For Carp Control

Jul 15: Eight U.S. senators led by Senators Carl Levin, D-MI and George Voinovich, R-OH, co-chairs of the Senate Great Lakes Task Force, have requested a legislative provision that would authorize the U.S. Army Corps of Engineers to take emergency action to stop Asian carp from entering the Great Lakes via any connections with the Mississippi River Basin. They said the authority would extend to the possible flood zone between the Wabash River and the Maumee River in Indiana. The Army Corps currently has such emergency authority, but it is limited to the Chicago waterway system. 

 

    On June 25, following the first discovery of one Bighead Asian carp in Lake Calumet beyond the electronic barrier along the Chicago Area Waterway System (CAWS), many of the same Senators requested President Obama to name a Federal Coordinated Response Commander responsible for organizing efforts to contain the spread of Asian carp [See WIMS 6/28/10]. The Senators signing the current letter included: Senators George Voinovich (R-OH), Carl Levin (D-MI), Debbie Stabenow (D-MI), Amy Klobuchar (D-MN), Charles Schumer (D-NY), Robert Casey (D-PA) and Roland Burris (D-IL). The letter was sent to: Senators Daniel Inouye, Chairman and the Thad Cochran, Vice Chairman Senate Committee on Appropriations; and, Byron  Dorgan, Chairman and Robert Bennett, Ranking Member Appropriations Subcommittee on Energy and Water Development.

 

    The letter indicates, "In our March 26, 2010 Great Lakes Task Force letter, we requested that you include in the fiscal year 2011 Energy and Water Development Appropriations bill certain Army Corps of Engineers projects that would improve the Great Lakes. As part of that letter was a request that you include the same bill language that was included in Section 126 of the Fiscal Year 2010 Energy and Water Appropriations bill authorizing the Army Corps to implement certain emergency measures to prevent Asian carp from bypassing the Chicago Sanitary and Ship Canal to keep them from entering the Great Lakes.

    "Last week, we learned, and EPA confirmed, that Asian Carp have been discovered in an area of the Wabash River in Indiana that is about 20 miles from a potential connection point with the Great Lakes basin. During times of flooding in an area near Fort Wayne, Indiana, the Wabash River could connect via tributaries and drainage ditches with the Maumee River, which flows into Lake Erie. This is of great concern to us.

    "In light of this discovery, as you draft the fiscal year 2011 Energy and Water Development Appropriations bill, we ask that you include language similar to Section 126 of the fiscal year 2010 bill. The needed language would authorize the Army Corps to implement emergency measures to prevent the Asian Carp from entering the Great Lakes via any hydrologic connections that could occur during times of flooding, including via connections between the Wabash River and the Maumee River located in Indiana."

    Access a release from Senator Levin and link to the complete letter (click here).

Areas Of Concern Annual Conference

Jul 19: The annual Areas of Concern (AOC) program meeting will convene participants from the 30 U.S. AOCs to review recent developments affecting the AOC program; discuss approaches for implementing delisting targets; build capacity to implement on-the-ground restoration actions; identify opportunities to address AOC restoration priorities under President Obama's Great Lakes Restoration Initiative; improve linkages between the AOCs, LaMPs and other programs; and consider actions that will strengthen the regional U.S. AOC program. The AOC 2010 conference will be held on September 22-23, Adam's Mark Hotel Buffalo, 120 Church St., Buffalo, New York.

    Access complete conference and registration information (click here).

IDNR Barrier Between Wabash & Maumee Basins To Stop Carp

Jul 14: The Indiana Department of Natural Resources (IDNR) announced it will take a lead role in implementing a short-term step to address the advance of Asian carp up the Wabash River system and their potential movement into the Maumee River, a tributary to Lake Erie. The focal point is Eagle Marsh, a 705-acre restored wetland near Fort Wayne that IDNR staff identified as a possible pathway for Asian carp passage under certain flood conditions [See WIMS 7/1/10]. The marsh is just north of Fox Island County Park near the intersection of Interstate 69 and U.S. 24.

    A permanent solution to prevent Asian carp from being able to pass through this area during flooding conditions will take more time to develop, design and construct. Therefore, as an immediate preventive measure, the IDNR will install mesh fencing across a section of the marsh, creating a barrier against passage of Asian carp between the Wabash and Maumee drainage basins. The IDNR convened a recent meeting in Fort Wayne to address the potential carp movement and explore solutions, and the consensus was the mesh barrier is the best short-term option to pursue. The Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Geological Survey, U.S. Department of Agriculture Natural Resources Conservation Service, the Allen County Soil and Water Conservation District, and the Little River Wetlands Project that manages Eagle Marsh, were represented at the meeting.

    Access a release from IDNR with links to maps and additional information (click here).

IL To Assist Companies In Marketing Asian Carp "Delicacy"

Jul 13: Illinois Governor Pat Quinn announced a new initiative to stop the spread of invasive Asian carp species into the Great Lakes. He said Illinois is entering into a public-private partnership that will reduce Asian carp populations where they have been discovered in Illinois waters. In a release he indicated that, "This first-of-its-kind partnership will help enhance the commercial fishing industry, create approximately 180 jobs and relieve pressure on the U.S. Army Corps of Engineers Electric Barrier System designed to stop fish from moving further towards Lake Michigan."

 

    He said, "Protecting the Great Lakes is vital to millions of people from Illinois and throughout the Midwest who rely on these waterways for their livelihoods. Today's agreement is one of the most aggressive efforts to address the Asian carp problem, and is a critical step to long-term economic sustainability and the success of the commercial fishing industry." He said Illinois is entering into an agreement with Chinese meat processing company Beijing Zhuochen Animal Husbandry Company and Big River Fisheries located in Pearl, IL to harvest 30 million pounds of carp from Illinois rivers. Big River will process, package and ship the fish to Zhuochen for resale in international markets where the fish is a delicacy. The company is expected to harvest at least 30 million pounds of fish for the purpose of this agreement by the end of 2011.

 

    The State, through the Illinois Department of Commerce and Economic Opportunity, will invest $2 million in capital funds to help Big River retrofit its existing facility, increase its processing capacity and expand to new production facilities in Pittsfield, which will create 61 new jobs and 120 indirect jobs. Commercial fishermen, contracted by the Illinois Department of Natural Resources, have already started removing Asian carp in the Illinois River where populations exist.

 

    Liang Chang, Chairman, Beijing Zhuochen Animal Husbandry said, "The high quality and taste of the wild Asian carp from Big River Fish far exceeded our expectations. We see a tremendous market in China for the wild Asian carp. As Big River Fish's production capacity increases, we will be able to expand our marketing efforts in China." Rick Smith, President, Big River Fish Corp. said, "Big River Fish can now retrofit and expand its facilities to meet our production commitment to Zhuochen. The Asian carp can become an economic engine for Illinois rather than a threat, and we thank Governor Quinn for his support of our efforts."

 

    In a related matter the Senate Energy and Natural Resources Committee, Subcommittee on Water and Power, Chaired by Senator Debbie Stabenow (D-MI), has scheduled an oversight hearing to examine the Federal response to the discovery of the aquatic invasive species Asian carp in Lake Calumet, Illinois, for Wednesday, July 14, at 3:30 PM (See link below). Witnesses will include: Nancy Sutley, White House Council on Environmental Quality; Dr. Leon Carl, United States Geological Survey; John Rogner, Assistant Director, Illinois Department of Natural Resources; and Tim Eder, Executive Director, Great Lakes Commission.

 

    Access a release from the IL Governor (click here). Access the Asian Carp control website (click here). Access the Subcommittee on Water and Power website for links to testimony when it is posted (click here).