$3 Million In U.S. Forest Service GLRI Grants

Oct 11: The U.S. Forest Service announced nearly $3 million in grants to improve tree canopy, forest cover and ultimately, water quality in six Great Lakes states, including Ohio, Michigan, Wisconsin, New York, Illinois and Indiana. The grants are part of the Great Lakes Restoration Initiative (GLRI), a cooperative effort between Federal, tribal, state and local partners. The GLRI is the largest investment in the Great Lakes in two decades. USDA Undersecretary Harris Sherman said, "The Great Lakes Restoration Initiative will improve the environmental health and economic vitality of the world's largest freshwater system. The Forest Service, together with our partners, is working to improve America's treasured landscapes in more than 7,000 communities across the country."

 

    The U.S. EPA-funded grants administered by the Forest Service will support community forestry efforts to improve the interception, evaporation, infiltration and storage of rainfall and storm water. U.S. Forest Service Chief Tom Tidwell said, "Healthy forests and lands support healthy waters. These projects will put people to work increasing the number of trees, turning polluted industrial sites into beautiful parkland and improving habitat for wildlife."

 

    The Michigan projects included: $50,000 - The Detroit Green Connections Project; $250,000 - The Detroit Reforestation Initiative; $70,000 - The Grand River Ash Tree Protection and Restoration Initiative; $132,274 - The Tree Canopy Restoration on Sault Tribe Lands; $250,000 - The Greening of Chevy in the Hole project; and $197,437 - Reducing Contamination using Hybrid Poplar in Lake Michigan Watersheds.

 

    Access a release with further details on the projects and other state awards (click here).

 

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League To Save Lake Tahoe v. Tahoe Regional Planning Agency

Oct 12: In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-17318. Appealed from the United States District Court for the District of Nevada. In this unpublished opinion, the League to Save Lake Tahoe (the League) appealed from the district court's summary judgment upholding the regulatory approvals issued by the Tahoe Regional Planning Agency (TRPA or the agency) for the Sierra Colina Village housing project. The Appeals Court determined that it had jurisdiction and vacated the district court judgment.

 

    The Appeals Court said, "Contrary to TRPA's assertion, the League has standing to sue on its members' behalf." The Appeals Court ruled, "Because substantial evidence does not support two mandatory TRPA findings, we must vacate the district court judgment. We, however, recognize that the League's challenges as described on appeal are much more detailed than the

objections made before TRPA in the first instance, and that TRPA must be afforded the opportunity to reexamine the objections and enter new findings. We remand to the district court with instructions to vacate TRPA's approval of the land coverage transfer for LPF 3 [linear public facility, i.e. shared public access roadway] and remand the matter back to the agency for further proceedings consistent with this disposition. We need not, and do not, reach any other issue urged by the parties."

 

    Access the complete opinion (click here). [#Land, #CA9]

 

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MI AG Continues Legal Action To Stop Asian Carp Advances

Oct 9: Michigan Attorney General Bill Schuette announced that his office will continue to move forward with a lawsuit aimed at protecting the Great Lakes from invasive Asian carp. Schuette has joined four states and an Indian tribe in legal action to force the Army Corps of Engineers to quickly develop and implement plans to permanently separate the Great Lakes from Asian carp-infested Illinois waterways.

    Schuette said, "Asian carp are knocking at the front door of the Great Lakes, and we cannot afford to wait on a federal government that fails to act. This ecological disaster has been building and building for years, with no definitive action. We need to permanently separate these two bodies of water as soon as possible. The time for talk is over; Michigan citizens have been patient for long enough, we need results."  

 

    According to a release, attorneys for the Federal government have argued that a July 2012 law passed by Congress requiring the Corps to complete, by January 2014, a study of options for permanently blocking the movement of Asian carp and other invasive species through the Chicago Area Waterway System makes litigation unnecessary. However, on October 5, 2012, the Army Corps of Engineers announced that it does not intend to recommend any separation plan within the deadline set by Congress, and instead plans years of additional study, despite the impending Asian carp invasion of the Great Lakes. Four days later, the Corps disclosed 30 new positive test results for Asian carp environmental DNA from samples collected in the Chicago Waterway. There have now been a total of 80 such positive results above the Corps' electrical Barrier system in 2012 alone.   

 

    On October 9, 2012, Schuette's office filed a response to the supplemental motion to dismiss in Michigan, et al v Corps of Engineers, et al before Judge John J. Tharp, Jr. in U.S. District Court for the Northern District of Illinois. Judge Tharp is expected to determine whether Schuette's lawsuit can proceed later this year. Schuette indicated that the response makes clear that Michigan is continuing forward with its lawsuit against the Army Corps of Engineers and the Chicago Water District, joined by attorneys general from Minnesota Ohio, Pennsylvania and Wisconsin, as well as the Grand Traverse Band of Ottawa and Chippewa Indians. 

    Access a release from the AG (click here). Access more information on the AG's efforts on the Asian Carp issue (click here).

 

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More Positive Asian Carp eDNA Found Beyond Electric Barrier

Oct 9: The Asian Carp Regional Coordinating Committee (ACRCC) announced intensive monitoring action will begin in the North Shore Channel of the Chicago River on October 16, after three consecutive rounds of Environmental DNA (eDNA) sampling yielded positive results for Asian carp DNA in the North Shore Channel beyond the electric barrier. The ACCRC's 2012 Monitoring and Rapid Response Plan calls for a Level 1 response to three consecutive rounds of positive eDNA results in one area. As an extra precaution, the ACRCC also will conduct intensive monitoring in a six-mile stretch of the Chicago River beginning near the Chicago lock, after one set of samples tested positive for eDNA in that area. While the North Shore Channel is regularly monitored for the presence of Asian carp, the level 1 response intensifies efforts with additional commercial fishing crews, agency electrofishing boats, and additional deep water sampling gear during an intensive four-day fishing period.

    John Goss, Asian Carp Director at the White House Council on Environmental Quality said, "While the science still does not tell us whether eDNA is from a live fish, a dead fish, or another source, finding three consecutive sets of positive samples triggers us to use significant resources to determine whether any Asian carp are present. This is part of the ACRCC's comprehensive Asian carp control strategy that includes continuing aggressive monitoring to keep Asian carp out of the Great Lakes, developing cutting edge control technologies, and refining the use of eDNA." Three separate eDNA samples sets were taken at the North Shore Channel between June 11 and September 11, revealing 17 positives for silver carp DNA out of 171 samples. 

    Biologists from the Illinois Department of Natural Resources, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers will be on the water with contracted commercial fishermen beginning Tuesday October 16th through Friday, October 19th. The crews will lay various net types throughout the North Shore Channel and in channel areas of the Chicago River. Agency electrofishing boats will sample fish in shoreline areas and will be used to drive fish towards the nets. Gears will be attended at all times and commercial and private vessel traffic will be able to proceed with minimal interference. A notice to mariners will be broadcast by the U.S. Coast Guard to further inform any water traffic during this effort, and daily updates will be posted on the ACRCC website.

    At present, eDNA evidence cannot verify whether live Asian carp are present, whether the DNA may have come from a dead fish, or whether water containing Asian carp DNA may have been transported from other sources, such as bilge water. The U.S. Army Corps of Engineers is leading an Asian Carp eDNA Calibration Study (ECALS) with the U.S. Geological Survey and the U.S. Fish and Wildlife Service to reduce the uncertainty surrounding eDNA results and investigate alternative sources and pathways for eDNA detections beyond a live fish.

    U.S. Senator Debbie Stabenow (D-MI), co-author of the Stop Invasive Species Act that was signed into law by President Obama earlier this year, made a statement after the announcement of the eDNA results indicating that it follows last week's

announcement by the U.S. Army Corps of Engineers saying it will not complete its plan to stop the entry of Asian carp into the Great Lakes by 2013 as Stabenow's new law requires [See WIMS 10/5/12]. She said, "This discovery further underscores the Army Corps of Engineers' responsibility to complete its work as mandated by the law. Asian carp are on our doorstep, and the only thing protecting the Great Lakes are the electric barriers. There are thousands of Michigan jobs that rely on the Great Lakes, and we need more than temporary fixes. We passed bipartisan legislation to require the Army Corps to finally make stopping Asian carp a top priority, and the Corps needs to follow the law and complete their work."

 

    Access a release from ACRCC with additional information (click here). Access the ACRCC website (click here). Access the full eDNA sampling details (click here). Access the release from Sen. Stabenow (click here).

 

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GLMRIS 90-Day Interim Report To Congress; Legislators Irate

Oct 5: The U.S. Army Corps of Engineers (USACE) released the Great Lakes and Mississippi River Interbasin Study (GLMRIS) 90-Day Interim Report, transmitted by the Secretary of the Army, Civil Works, to Congress. The 90 Day Interim Report outlines anticipated milestones, required resources and a plan for the completion of the GLMRIS Report, which will evaluate a range of options and technologies to prevent the transfer of aquatic nuisance species (ANS) between the Great Lakes and Mississippi River basins by aquatic pathways, by December 2013, as required by Section 1538 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). 

    GLMRIS indicated in a release that initiation of any action beyond the study is contingent upon a decision by the Secretary of the Army that a project is justified. USACE anticipates that the GLMRIS Report will identify additional requirements that must be completed after its release, including detailed design analyses, completion of the environmental compliance analysis and required internal and agency reviews. If the Secretary of the Army determines that a project is justified and consistent with USACE missions, the additional requirements will be completed as part of the effort leading into preconstruction engineering and design of an ANS control alternative.

    GLMRIS Program Manager Jack Drolet said, "Though the expedited timeframe will be challenging, we will make the GLMRIS Report as comprehensive as possible." During the study, USACE will be actively engaged in numerous activities to deter the transfer of ANS. Drolet emphasized that, "Active prevention projects are ongoing and effective, such as operation of the electric barriers in the Chicago Sanitary and Ship Canal and partnering with other members of the Asian Carp Regional Coordinating Committee to aggressively monitor the canal to determine location and abundance of fish." 

 

    The 90-day report concludes, "The Corps will complete the GLMRIS Report in December 2013. The GLMRIS Report will provide Congress and other stakeholders with an analysis of potential alternatives, as well as additional pertinent information for decision makers. The GLMRIS Report may identify additional studies needed to finalize the analyses prior to proceeding to preconstruction engineering and design, including completion of the environmental compliance analysis and required public and state/agency reviews. Initiation of PED is contingent upon a decision by the Secretary that a particular plan is justified."

 

    Although, USACE indicates in a release and in the 90-day report that it "will complete the GLMRIS Report in December 2013," U.S. Senator Debbie Stabenow (D-MI), co-author of the Stop Invasive Species Act [See WIMS 7/2/12] that was recently signed into law by President Obama in July, made a statement after she said "the U.S. Army Corps of Engineers said it will not complete its plan to stop Asian carp entry into the Great Lakes by 2013." She said, "The Army Corps of Engineers' refusal to follow the law and submit a complete plan to stop Asian carp is completely unacceptable. Temporary fixes have proven inadequate, with evidence of Asian carp now being detected in the Great Lakes. Asian carp could completely devastate the Great Lakes and the hundreds of thousands of jobs that depend on them. We authored and passed a bipartisan law to require the Corps to finally make stopping Asian carp a top priority, and the Corps needs to follow the law and complete their work."

 

    Representative David Camp (R-MI) the other co-author of the law, also issued a statement saying the Corps said it will not complete the report on time. He said, "As Asian carp draw closer to the Great Lakes every day, the Army Corps of Engineers has chosen to work even slower on developing a solution, in direct contravention to the law Congress passed earlier this year. This is unacceptable. The 700,000 people whose jobs depend on the Great Lakes fishery cannot continue to wait on the Corps. I plan to hold the Corps accountable for openly flouting the direction given to it by Congress." Rep Camp said that instead of the required plan, the Corps will offer a report "on the range of options for combating the invasive carp. . ." 

    Access a release from GLMRIS and link to the complete 19-page report (click here). Access the statement from Sen. Stabenow (click here). Access the statement from Rep. Camp (click here). Access legislative details for S.2317 (click here); and H.R.4406 (click here). 

 

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$1.6 Million For Projects On Mercury Exposure & Fish Consumption

Oct 4: U.S. EPA announced two Great Lakes Restoration Initiative (GLRI) grants totaling almost $1.6 million for projects to protect women and children from mercury exposure through Great Lakes fish consumption. The funding will be used to improve health screening and to develop more effective fish consumption advisories. 

 

    The University of Illinois at Chicago will receive $192,258 for a project to recruit Great Lakes area health care providers and their pregnant patients to participate in a study evaluating the link between fish consumption and mercury levels in blood. The project will determine whether a single question about fish consumption is an effective screening tool to predict which women are likely to have elevated mercury levels and a related increase in potential health risks to their children. Data will also be analyzed to determine whether recreational anglers and tribal members have higher levels of mercury in their blood than the general population. 

 

    A second, major grant to the Minnesota Department of Health (MDH) for $1.4 million will fund a project to improve health screening and to develop more effective fish consumption advisories in the Lake Superior Basin. A previous EPA-funded study found that nearly one in 10 infants in the basin had mercury levels higher than those recommended as safe by EPA. The Grand Portage Chippewa Tribe and the Sawtooth Mountain Clinics in Grand Portage and Grand Marais, Minnesota will participate in the MDH project. Physicians affiliated with the clinics will survey consenting female patients of childbearing age about fish consumption and test blood mercury levels. Patients will also be counseled to promote safe fish consumption choices. 

    Access a release from EPA and link to more information on GLRI and the grants (click here).

 

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Two Major Great Lakes Protection Fund Grants

Oct 5: In September of 2012, New York Governor Andrew Cuomo assumed the chairmanship of the Great Lakes Protection Fund (GLPR) and selected Matthew Driscoll to serve as Chair of the Board. At the meeting the Board of Directors also awarded two grants that commit more than $1.2 million to teams that further the Fund's mission to identify, demonstrate, and promote regional action to enhance the health of the Great Lakes ecosystem.

    One grant of up to $449,000 was awarded to a team (comprised of 8 organizations) led by the Council of Great Lakes Industries to create, through pilot testing, a new water stewardship toolkit specific to the Great Lakes region, that will prevent or reduce ecosystem impacts from water use, and be compatible with industry needs. A second grant of up to $823,000 was awarded to a team (comprised of 8 organizations) led by Wayne State University to develop, test, and implement an automated shipboard sampling system that will enable real-time verification of the efficacy of ballast water treatment systems and reduce the likelihood of new invasive  species entering the Great Lakes.

    GLPR is a private, nonprofit corporation formed in 1989 by the Governors of the Great Lakes states. It is a permanent environmental endowment that supports projects that lead to tangible improvements in the health of the Great Lakes ecosystem; promote the interdependence of healthy ecological and economic systems; and are innovative, creative, and venturesome.

 

    Access the announcement from GLPR and link to more information on the grants and the Driscoll appointment (click here).

 

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