Back To The Supreme Court On Asian Carp Issue

Oct 26: Michigan Attorney General Bill Schuette announced he has filed a request for appeal with the United State Supreme Court to review a U.S. Court of Appeals decision that denied the request of five Great Lakes states for an immediate injunction requiring a U.S. Army Corps of Engineers study on ecological separation to be greatly sped up and the installation of nets to stop the advancement of Asian carp toward Lake Michigan. Michigan, Minnesota, Ohio, Pennsylvania and Wisconsin originally filed the suit in July 2010 against the U.S. Army Corps of Engineers and Chicago Water District in Federal court. Schuette said, "We need to close the Asian carp superhighway, and do it now. Time is running out for the Great Lakes, and we can't afford to wait years before the federal government takes meaningful action."

    On August 24, 2011, the U.S. Court of Appeals for the 7th Circuit in Chicago issued a ruling on the preliminary injunction request concluding that Michigan's lawsuit had "a good or even substantial likelihood of success on the merits of their public nuisance claim." [See WIMS 9/6/11]. Despite the recognition of the real threat posed by Asian carp, the Court denied the states' request. The states then decided to appeal. Schuette's office today submitted a Petition for a Writ of Certiorari also signed by the attorneys general of Minnesota, Ohio, Pennsylvania, and Wisconsin. The petition asks the U.S. Supreme Court to overturn the 7th Circuit decision and order the following:

• Require the U.S. Army Corps of Engineers to install block nets in the Little Calumet and Grand Calumet rivers, two open pathways between the Mississippi River and Great Lakes basins that are vulnerable to Asian carp invasion; and
• Require the U.S. Army Corps of Engineers to expedite the completion of its study of permanent ecological separation between the Great Lakes and Mississippi River basins, so that the part of the study focused on the Chicago Area Waterway is completed within 18 months, not five years. 

    The filing with the Supreme Court poses two questions to be decided as follows: "This multi-sovereign dispute involves the imminent invasion of Asian carp into the Great Lakes ecosystem. Although the Seventh Circuit Court of Appeals concluded that catastrophic harm has a "good" or "perhaps even a substantial" likelihood of occurring, Pet. App. 4a–5a, it affirmed the district court's denial of even the plaintiffs' most modest requests for injunctive relief. The Seventh Circuit's opinion raises two questions for this Court's review: 1. Whether a request for multiple types of preliminary-injunctive relief requires a balancing of harms with respect to each form of relief requested[; and] 2. Whether a party's statement that it is 'considering' implementing the relief requested in a motion for injunction is a ground for denying the injunction."

   

    On April 26, 2010, The U.S. Supreme Court for the third time declined to address the debate between Great Lakes states on issues and actions necessary to control the spread of Asian Carp into the Lake Michigan and the other Great Lakes [See WIMS 4/26/10].

 

    Schuette noted a recent study commissioned by the U.S. Army Corps of Engineers and conducted by independent scientists at the Center for Aquatic Conservation at the University of Notre Dame identified the Chicago Waterway as a "major pathway" for the spread of invasive species, concluding that "the canal represents a potential highway to environmental havoc for many species that pose a high risk to both the Great Lake and the Mississippi basins."  

 

    In addition to his ongoing legal efforts to combat the threat of Asian carp, in September 2011, Schuette organized a national coalition of 17 attorneys general who urged Congress to act on a legislative solution to the threat posed by invasive species traveling through the Chicago Waterways. The coalition called on congressional leaders to support the Stop Asian Carp Act, introduced earlier this year by sponsors Representative Dave Camp (R-MI) (H.R.892) and Senator Debbie Stabenow (D-MI) (S.471).  

 

    Access a release from Attorney General Schuette (click here). Access the 32-page Petition for a Writ of Certiorari (click here). Access the complete opinion from the Seventh Circuit (click here). Access multiple postings on the Supreme Court's consideration of the Asian Carp issue on the WIMS Great Lakes Environment Blog(click here).

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MI AG Says Asian Carp Issue Now In President's Hands

Apr 26: In the wake of the latest decision by the U.S. Supreme Court to deny Michigan and six other states their day in court on the Asian carp crisis [See WIMS 4/26/10], Michigan Attorney General Mike Cox said that "thousands of Michigan jobs now depend on the willingness of President Obama, Speaker Nancy Pelosi and Majority Leader Harry Reid to protect the Great Lakes over the narrow interests of the President's home state of Illinois." Michigan's lawsuit calling for a permanent separation of the Great Lakes basin from the Mississippi River basin was supported by Pennsylvania, New York, Ohio, Wisconsin, Minnesota, Indiana, and the Province of Ontario. 

 

    Cox said, "The fight to protect Michigan's jobs and environment now falls to President Obama and Congress. While President Obama has turned a blind eye to the millions of Great Lakes residents who do not happen to live in his home state of Illinois, it is now up to him to save thousands of Michigan jobs and our environment. Unfortunately, very little of the President's incomplete plan has even been implemented at this point. Michigan and all other Great Lakes residents should contact the President immediately and tell him the future of our region requires immediate action."

    In a release, Cox said residents can make their voices heard by calling the White House at 202-456-1414, signing an online petition to protect the Lakes at www.StopAsianCarp.com, and posting comments at the stopasiancarp.com page on Facebook. Cox also called on Speaker Pelosi and Leader Reid to quickly advance critical legislation sponsored by Congressman Dave Camp (H.R. 4472) and Senator Debbie Stabenow (S. 294). The CARP Act will allow immediate action to protect the Great Lakes' ecosystem and $7 billion per year fishing industry from invasive Asian carp, much like what was called for in Michigan's suit. Cox praised the bi-partisan efforts of Governor Granholm, the Michigan DNRE, and Michigan's Congressional delegation and said their continued efforts are critical to stopping Asian carp from entering the Great Lakes. 

 

    Access a release from AG Cox (click here).

Supreme Court Final Denial In Great Lakes Carp Case

Apr 26: The U.S. Supreme Court for the third time declined to address the debate between Great Lakes states on issues and actions necessary to control the spread of Asian Carp into the Lake Michigan and the other Great Lakes [See WIMS 4/20/10]. 

 

    In its brief denial, the High Court said, "The motion of Michigan to reopen and for a supplemental decree is denied. The alternative motion for leave to file a bill of complaint is denied." While the Supreme Court had previously denied the Michigan request for a Motion for Preliminary Injunction on March 22 [See WIMS 3/22/10] the Attorney General also filed a petition requesting the Court to reopen the ongoing legal case -- 1, 2 , 3 Original -- with the State and Illinois on issues related to diversions of water from the Great Lakes, through various Chicago waterworks and into the Mississippi River basin. The Attorney General argued that, "since by law, this Court [Supreme Court] has 'original and exclusive jurisdiction of all controversies between two or more states,'  there is no other forum in which Michigan may obtain the equitable relief it seeks." [See WIMS 3/23/10].

 

    Henry Henderson, director of the Natural Resources Defense Council's (NRDC's) Midwest Program, who filed an amicus brief with the Court on behalf of the Michigan case issued a statement said, "This fight is not over, it is simply shifting. By choosing not to engage, the Justices have opened other venues for addressing the invasive species threat. Sadly, the Court has stepped away from nearly a century of effective engagement with the important intersection of the Chicago Waterway System and the health of the Great Lakes. With all that is at stake, it is likely that we will see this action moved to another legal venue. In the meantime, NRDC and the other NGO groups will be working to help bring about an effective, permanent solution to protect the Great Lakes and the community that depends upon them." 

    Access the Supreme Court Order (click here, top of page 2). Access a release from NRDC (click here). Access various media reports (click here). Access links to Michigan's filings in the case (click here). Access all of the filings in the case (click here).

No Action By Supreme Court On MI Chicago Locks Case

Apr 19: The U.S. Supreme Court did not take up the Michigan Attorney General's request for hearings to develop a "long-term solution to the crisis that will protect the ecology and economy of the Great Lakes." According to earlier information from Michigan Attorney General Michael Cox the High Court was to consider Michigan's request on April 16th. However, media reports indicate that the matter was not considered and a spokesman "declined to say whether justices intend to consider the issue at conference this week, or push it back further."

 

    While the High Court denied the Michigan request for a Motion for Preliminary Injunction on March 22 [See WIMS 3/22/10] the Attorney General also filed a petition requesting the Court to reopen the ongoing legal case with the State and Illinois and issue a Supplemental Decree. Michigan has asked the Court to declare that to the extent the facilities created, operated, and maintained by Illinois et al, in connection with the diversion now allow the introduction of harmful aquatic invasive species into Lake Michigan and other connected waters and they constitute a public nuisance. Michigan asserts that, "Those facilities create a threat of irreparable injury to natural resources held in trust by the State of Michigan, as well as riparian and other rights of Michigan and its citizens."

    Michigan indicates that the State of Illinois "was and remains an indispensable party in any proceeding to resolve the present dispute between Michigan and the other parties concerning the existence of a continuing public nuisance and the equitable relief sought by Michigan to prevent and abate it. Accordingly, since by law, this Court has 'original and exclusive jurisdiction of all controversies between two or more states,'  there is no other forum in which Michigan may obtain the equitable relief it seeks." [See WIMS 3/23/10].

    Access a report from Chicago WGN News (click here). Access a Detroit Free Press editorial (click here). Access links to Michigan's filings in the case (click here). Access all of the filings in the case (click here).

Resolution Calls For Basins' Separation To Control Asian Carp

Apr 8: The bi‐national committee of advisors of the Great Lakes Fishery Commission (GLFC) called upon the U.S. government to seek immediately ecological separation of the Great Lakes and Mississippi basins, acknowledging the imminent threat of the "voracious Asian carp." The action -- which came in the form of a rare binational resolution, approved during the advisors meetings in Windsor, Ontario -- calls on Congress, the administration, and the states to act immediately to achieve ecological separation of the two basins to prevent further aquatic species invasions.

 

    According to a release, "While efforts are being undertaken to stop the Asian carp, such as the operation of electric barriers, rotenone treatments, eDNA and traditional sampling, there is a growing support for the ecological separation of the Mississippi and Great Lakes waters. Ecological separation would ensure that no live organisms could move between the two basins, a protection that the natural watershed divide provided.

 

    U.S. committee chair Denny Grinold from the Michigan Charter Boat Association said, "We simply cannot tolerate even one more invasion. An Asian carp invasion is preventable, but the federal government must commit to the solution of separating Mississippi waters from the Great Lakes. Otherwise, it is stakeholders like us, and the next generation, that will bear the steep economic and ecological costs."

 

    The Committee of Advisors consists of both U.S. and Canadian members representing recreational and commercial fishing, Aboriginal communities, public‐at-large, academia, and state agencies -- also expressed deep concern about the continued influx of aquatic invasive species into the Great Lakes and disappointment over the Canadian and U.S. Governments' inaction to remedy this serious problem. The U.S. Committee of Advisors was created under the Great Lakes Fisheries Act of 1956 and is constituted to provide citizens with the opportunity to be heard on issues of importance to the health and sustainability of the Great Lakes fishery and to make recommendations pertinent to the commission's duties.

 

    Access a release from the GLFC (click here). Access the resolution (click here).

IL Chamber Study Says Lock Closure Would Cost $4.7 Billion

Apr 7: The Illinois Chamber of Commerce released an economic impact analysis reporting that the economic value lost from permanent closure of the Chicago and O'Brien locks would be $582 million the first year, $531 million annually over the subsequent 7 years and would result in a net loss of $4.7 billion over a 20-year planning horizon. The report, conducted by DePaul University economist Dr. Joseph Schwieterman, stands in stark contrast to Michigan's "Taylor and Roach" report [See WIMS 2/4/10], which the Chamber said "attempted to trivialize the impact of lock closure on the Chicago economy, purporting that losses would fall within the range of $64 million to $69 million annually." The Chamber said that where the '"Taylor and Roach" report focused on a very narrow scope of impact, the Schwieterman report accounts for the impact lock closure would have across multiple industries locally and regionally, thereby providing a more well-rounded and accurate assessment of the total effect on the region's economic well-being.

    Jim Farrell, executive director of the Illinois Chamber of Commerce's Infrastructure Council said, "It is the Chamber's hope that this study will bring some well-reasoned perspective to a debate that has been fueled by rhetoric from the state of Michigan. The Schwieterman study shows, through well-reasoned economics, that closing these locks will have a devastating affect on our local economy, resulting in the loss of potentially hundreds of area jobs and hurting a range of industries and services."

    The economic debate on closing of the Chicago and O'Brien locks has recently been reliant on Michigan's 'Taylor and Roach' study, which has since been peer reviewed and proven unscientific and inaccurate.  The Illinois Chamber of Commerce released three independent critiques of the "Taylor and Roach" report last week. Farrell said, "Beyond the economics, we question the science as well. The eDNA test cited in claims that Asian Carp are above the electric barrier was only recently developed within the past year, and has not had the benefit of peer review to determine its reliability or accuracy. Essentially, the Asian Carp debate has been fueled by an unscientific economic analysis and an experimental, eDNA test. This hardly seems like sufficient evidence to bring the most environmentally friendly mode of transportation and a billion-dollar industry to a halt."

    The Chamber indicated that two weeks of recent targeted fishing in areas above the electronic barrier yielded zero Asian Carp, calling into question the original eDNA testing mechanism used to detect the Carp's existence. According to Farrell, "The Illinois Department of Natural Resources used a very sound scientific approach which yielded Asian Carp some 50 miles from Lake Michigan, but none where eDNA had indicated in the Chicago Area Waterways." The Schwieterman report concludes that the closure of the locks would result in "enormous financial losses" resulting from added transportation costs and losses to commercial shipping, recreational boating, commercial cruises and tours, and public protection.

    Access a release from the IL Chamber of Commerce with further details (click here). Access the complete Schwieterman report (click here). Access a release from Michigan Attorney General on the Michigan study (click here). Access the Michigan study submitted as part of the Attorney Generals filings (click here, see appendix).

Great Lakes United Launches Find My Cleanup Website

Mar 26: Great Lakes United (GLU) has launched a new website -- Find My Cleanup -- as a resource and service to all community members. GLU says, "Our intent is to make readily available information about clean up projects in the Great Lakes basin and beyond. We strive to keep the information up-to-date and we invite community members to contact us if the information they find here is incomplete. We encourage all groups and organizations to use this tool to publicize their clean up projects and thank them for their dedication to protecting our watersheds. Great Lakes United recognizes that keeping our water sources clean and healthy must be a community priority, and we hope that this resource helps those seeking to achieve this admirable goal." The site includes an interactive Google map with locations of posted cleanup sites. Clicking the site provides details on the location, scheduled meetings, links to additional cleanup information, contacts and more detailed maps. GLU welcomes comments and suggestions on the site.

 

    Access the Find My Cleanup website (click here). Access the GLU website for more information (click here).

MI Officials React To Supreme Court Carp Decision

Mar 22: Michigan's Governor Granholm and Lieutenant Governor John Cherry issued a statement on the U.S. Supreme Court's rejection of the State's emergency request to close shipping locks in Chicago to protect the Great Lakes from Asian carp [See WIMS 3/22/10]. According to the statement, "While we continue the legal battle and await the Court's ruling on our remaining motions, we must increase our efforts with other branches of the federal government to physically separate the Mississippi River watershed from the Great Lakes basin to prevent Asian carp from entering the Great Lakes. The Asian carp poses a significant threat to the Great Lakes, and it is imperative that the federal government prioritize and advance a solution that separates these two watersheds. The current plan to continuously poison and electro-shock the canal to remove carp is not sustainable, and a permanent physical barrier must be considered to protect the $16 billion recreational boating and fishing industry in the Great Lakes region. Without an ecological separation of the Mississippi River watershed and the Great Lakes, we increase the risk of Asian carp entering our waters, causing great harm to businesses large and small that rely on the tourism that recreational boating and fishing bring to our region."

 

    U.S. Senator Debbie Stabenow (D-MI) also issued a statement on the Supreme Court decision. Senator Stabenow introduced the Carp Act along with Representative Dave Camp (R-MI) in January, which calls for the immediate closure of the locks. Senator Stabenow said, "I am deeply concerned that for a second time the Supreme Court has refused to order a temporary closure of two Chicago-area locks. It's clear that Asian carp pose an immediate threat to the Great Lakes and our fishing and boating industry, putting thousands of Michigan jobs at risk. That's why we must use every possible tool to prevent the spread of Asian carp into Lake Michigan, including the closure of the Chicago-area locks. I will continue working with the Administration, federal agencies, and members of the Michigan delegation on decisive short- and long-term solutions to keep the invasive species out of our waterways." Representative Dave Camp issued a statement saying, "This decision threatens the Great Lakes and the $7.5 billion fishing industry and the 800,000 jobs they support. We must act now, and immediately close the Chicago-area Locks to stop Asian Carp from reaching the Great Lakes."

 

    In a brief statement from Michigan Attorney General Michael Cox he said, "We will continue to focus on the reopening of the diversion case in April, with the goal of developing an effective plan to protect the entire Great Lakes region from the devastating threat of Asian carp." He said the Supreme Court has scheduled an April 16th review of Michigan's request for hearings to develop a long-term solution to the crisis that will protect the ecology and economy of the Great Lakes." 

 

    While the High Court denied the Michigan request for a Motion for Preliminary Injunction the Attorney General also filed a petition requesting the Court to reopen the ongoing legal case with the State and Illinois and issue a Supplemental Decree. Michigan has asked the Court to declare that to the extent the facilities created, operated, and maintained by Illinois et al, in connection with the diversion now allow the introduction of harmful aquatic invasive species into Lake Michigan and other connected waters and they constitute a public nuisance. Michigan asserts that, "Those facilities create a threat of irreparable injury to natural resources held in trust by the State of Michigan, as well as riparian and other rights of Michigan and its citizens."

    Michigan indicates that the State of Illinois "was and remains an indispensable party in any proceeding to resolve the present dispute between Michigan and the other parties concerning the existence of a continuing public nuisance and the equitable relief sought by Michigan to prevent and abate it. Accordingly, since by law, this Court has 'original and exclusive jurisdiction of all controversies between two or more states,'  there is no other forum in which Michigan may obtain the equitable relief it seeks."

    Access Granholm-Cherry statement (click here). Access the Stabenow statement (click here). Access the Camp statement (click here). Access a release from AG Cox (click here). Access links to Michigan's filings in the case (click here). Access all of the filings in the case (click here). 

Supreme Court Denies 2nd Request For Injunction On Asian Carp

Mar 22: In a brief order note from the U.S. Supreme Court, the High Court indicated "The renewed motion of Michigan for preliminary injunction is denied." On February 4, 2010, Michigan Attorney General Michael Cox filed his renewed motion for preliminary injunction [See WIMS 2/4/10]. In his request, Cox said, "Michigan renews its Motion for Preliminary Injunction based upon new developments since the entry of the Court's January 19, 2010 Order denying that initial motion. Two significant circumstances have since occurred that demonstrate more than ever the need for immediate injunctive relief to prevent the movement of bighead and silver carp through the Chicago Waterway System into the Great Lakes. 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 the Michigan lawsuit, filed by Cox [See WIMS 2/19/10].

 

    In his request, Cox outlined the significant circumstances as: (1) Silver carp environmental DNA has been recovered both in water samples from the Calumet River lakeward of the O'Brien Locks and from Calumet Harbor, which is essentially in Lake Michigan; and, (2) Despite this new evidence of the increasingly imminent threat to the Great Lakes, neither the Army Corps of Engineers (Corps) nor the State of Illinois have lived up to their assurances to the Court that they would act upon significant new information and work to prevent Asian carp from getting into Lake Michigan. The Corps continues to open the O'Brien and Chicago Locks allowing the passage of more Asian carp into the Lake, while merely studying possible changes, months from now. Illinois has neither announced nor implemented any new measures -- that it alone can control -- to kill, capture, or otherwise contain the injurious fish in its waterway before more of them enter the Lake.

 

    Cox had requested a preliminary injunction "enjoining the State of Illinois, the Metropolitan Water Reclamation District of Greater Chicago, and the U.S. Army Corps of Engineers to immediately take all available measures within their respective control, consistent with the protection of public health and safety, to prevent the migration of bighead and silver carp into Lake Michigan, including, but not necessarily limited to, the following: (a) Temporarily closing and ceasing operation of the locks at the O'Brien Lock and Dam and the Chicago Controlling Works except as needed to protect public health and safety. (b) Immediately using the best available methods to block the passage of, capture or kill bighead and silver carp that may be present in the waterway, especially in those areas north of the dispersal barrier system in a manner that protects public health and safety. (c) Temporarily operating the sluice gates at the O'Brien Lock and Dam, the Chicago Controlling Works, and the Wilmette Pumping Station in a manner that will not allow fish to pass those structures into Lake Michigan except as needed to protect public health or safety. (d) Immediately installing and maintaining interim barriers or structures as needed in the Little Calumet River to prevent the migration of bighead and silver carp into Lake Michigan, in a manner that protects public health and safety."

 

    Attorney General Cox issued a brief statement saying, "Our motion was an extraordinary attempt to protect the Great Lakes, but we felt it was necessary to because the Court deserved to have access to the new DNA and economic information before making a decision. We will continue to focus on the reopening of the diversion case in April, with the goal of developing an effective plan to protect the entire Great Lakes region from the devastating threat of Asian carp." He noted that the Michigan request to reopen the "Chicago Diversion" case is supported by Pennsylvania, New York, Ohio, Wisconsin, Minnesota, Indiana and the Province of Ontario. Cox indicated that, "The Supreme Court has scheduled an April 16th review of Michigan's request for hearings to develop a long-term solution to the crisis that will protect the ecology and economy of the Great Lakes." 

    He said that President Obama, who previously pledged a zero tolerance policy for new invasive species in the Great Lakes, should act immediately to at least temporarily close the locks. Cox praised the bi-partisan efforts of Michigan's Congressional delegation on the issue, including legislation recently introduced by Representative Dave Camp and Senator Debbie Stabenow [See WIMS 1/22/10]. He said the public that they can help bring attention to the issue by signing an online petition to protect the Lakes at his StopAsianCarp website.

 

    Access the March 22 Order List for the Supreme Court (click here). Access a release from AG Cox (click here). Access links to Michigan's filings in the case (click here). Access all of the filings in the case (click here). Access links to various media reports (click here). Access the AG's StopAsianCarp website (click here).

5-Day Comment Period On Corps Chicago Barrier System EA Plan

Mar 15: In a very brief Federal Register announcement [75 FR 12217] the U.S. Army Corps of Engineers, Chicago District is providing a 5 day public notice and comment period on a planned Environmental Assessment relating to Chicago Sanitary and Ship Canal Dispersal Barriers System. According to the notice, the Corps is directed to conduct a study of technologies that may enhance the efficacy of the Chicago Sanitary and Ship Canal Dispersal Barriers System. The study is structured as a series of interim reports. The Corps says, "Interim Report IIIa, limited to the impacts of implementing additional in-stream barrier/deterrent technologies at key locations in the Illinois and Chicago Area Waterways is the focus of this planned EA."

 

    The specific technologies under consideration include acoustic deterrents, air bubble curtains, and strobe lights used both individually and in combination. Comments are requested to assist in determining the level of analysis and impacts to be considered for implementing these in-stream barrier/deterrent technologies. The Corps indicates that comments received by the on the proposed EA will be considered fully for the Federal action associated with the Project. Comments concerning the level of analysis or impacts to be considered in the draft Environmental Assessment should be provided by March 19, 2010.

    Access the complete FR announcement with details on commenting (click here).

Senate Hearing On Asian Carp Control

Feb 25: The Senate Energy & Natural Resources Committee, Subcommittee on Water and Power, Chaired by Senator Debbie Stabenow (D-MI) held a hearing to examine the science and policy behind the Federal framework and non-Federal efforts to prevent introduction of the aquatic invasive Asian carp into the Great Lakes. Witnesses and organizations testifying at the hearing included: Nancy Sutley, White House Council on Environmental Quality (CEQ); United States Geological Survey (USGS); Ken DeBeaussaert, Michigan Department of Natural Resources & Environment (MDNRE); Illinois Department of Natural Resources; Kansas Department of Wildlife & Parks; Supply Chain Management Programs Wayne State University; Illinois Chamber of Commerce; the National Wildlife Federation & Healing Our Waters (HOW)-Great Lakes Coalition.

 

    In an opening statement, Chairman Stabenow described the seriousness of the threat of the Asian Carp invasion and said, "I have introduced S.2946, the CARP ACT (along with Senators Brown, Schumer, Gillibrand, Franken, and Feingold), that includes many of the same short-term actions included in the framework, with one notable exception: our bill calls for the immediate closure of the Chicago canal locks until a permanent strategy is developed. For thousands of years, the Great Lakes and Mississippi River ecosystems were separated, until the construction of artificial canals and locks connecting them. Continuing threats of invasive species, especially the Asian carp, make it clear that we need to return to a permanent separation of the two ecosystems. This strategy was endorsed Monday by the Great Lakes Commission, a group made up of the eight states and two Canadian provinces that border the Great Lakes."

 

    CEQ's Sutley testified that the recently announced Asian Carp Control Strategy Framework (Framework) is "guided by the latest scientific research, encompasses more than 25 short and long-term actions at an estimated cost of $78.5 million to keep Asian carp from becoming self-sustaining in the Great Lakes. The scale of the effort described in the Framework is unprecedented for invasive species control, unifying Federal, State, and local action and introducing a multi-tiered defense of the Great Lakes to immediately prevent Asian carp from developing self-sustaining populations in the Great Lakes while longer term control methods are developed." She concluded saying, "the best scientists have said that we can be successful in this effort and prevent Asian Carp from invading the Great Lakes."

 

    The Illinois Chamber of Commerce submitted 23-pages of testimony and said it "shares the concern of the State of Michigan and others who want this invasive species stopped before it can enter the Great Lakes. We offer recommendations, which have been submitted to the United States Environmental Protection Agency and the Asian Carp Workgroup, for action to stop the Asian Carp. We believe these suggestions can protect Lake Michigan from an invasion of Asian Carp via Illinois waterways and simultaneously provide for commerce to continue uninterrupted. . . This discussion needs to move from the courtroom to the conference room. The common objective is to stop the carp. However, in the process we do not believe the Solutions should pit Illinois Tow Boat operators like John and Jacque Kindra of Kindra Lake Towing of South Chicago against Michigan fisherman and Charter Boat Captains

like Paul Jensen of Muskegon. . ."

   

    The HOW Coalition called on Congress to declare the Asian carp an imminent threat to the Great Lakes and direct Federal agencies to separate the "carp-infested" Mississippi River system from Lake Michigan. HOW said, "Ecological separation is essential for the Great Lakes -- it is the only way of safeguarding the lakes from Asian carp. Anything short of separation will fail sooner or later."

 

Access the hearing website for links to all testimony and a webcast (click here). Access the opening statement from Senator Stabenow (click here).

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).

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).

Important Asian Carp Control Meetings & Live Webcast

U.S. EPA , on behalf of the Asian Carp Regional Coordinating Committee, will hold a meeting in Chicago on Feb.12 to discuss plans and get recommendations on Asian carp control efforts. The committee will answer questions and listen to comments from
the public.

When: 3:00 – 6:00 PM, Friday, Feb. 12 (4 - 7 EST/3 – 6 CST).
The meeting will be available via live web stream at: http://www.epa.gov/greatlakes/live.

 

Note: This meeting will essentially be repeated next week, from 3:00 - 6:00 PM (3 – 6 EST/2 - 5 CST), Wednesday, February 17, at the Marriott Ann Arbor Ypsilanti at Eagle Crest, 1275 S. Huron, Ypsilanti, MI 48197. It will also be available via live web stream at the same website.

See 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).

House Hearing On Asian Carp Control Strategy

Feb 9: On February 9, despite weather conditions that nearly shut down Washington, DC, the House Transportation & Infrastructure Committee, Subcommittee on Water Resources and Environment, Chaired by Representative Eddie Bernice Johnson (D-TX) held a hearing on "Asian Carp and the Great Lakes." Representative Donna Edwards (D-MD, Vice Chair) presided over the hearing. Full Committee Chairman, Representative James Oberstar (D-MN) also delivered a statement. Those scheduled to testify include: U.S. EPA; Army Corps of Engineers: Illinois DNR; Michigan DNRE; Wisconsin DNR; University of Notre Dame;  Great Lakes Fishery Commission; Canal Barge Company, Inc. on behalf of The American Waterways Operators; and Alliance for the Great Lakes. The Obama Administration, including officials from the U.S. Army Corps of Engineers, U.S. EPA, the Department of the Interior, and the U.S. Coast Guard had unveiled their draft Asian Carp Control Strategy Framework (Framework), outlining over 25 short and long-term actions and $78.5 million in investments to combat the spread of Asian carp on the previous day [See WIMS 2/9/10].

 

    Chairman Oberstar stated, "To be clear, this is a challenge that we cannot fail to meet. We must do everything within our power to prevent the Asian carp from entering the Lakes. . .  Where things start to diverge is on the evaluation of other short-term and long-term Asian carp prevention efforts. These measures include the evaluation of operational changes of the existing navigation locks, and the possibility of an "ecological separation" between the Mississippi River and Great Lakes basins. I recognize that each of these options poses a unique challenge, not only in terms of protecting the Great Lakes, but in ensuring the continued economic livelihood of the communities along the Mississippi River and Great Lakes, as well as protecting their public health and safety.

 

    "Yet, we must move forward, in an expeditious manner, to evaluate all of these options fairly, and then make a rational decision on how best to address the threat of the Asian carp. We cannot tip the scales in either direction before we start this evaluation. Let's be begin by applauding the work to protect the Lakes undertaken thus-far by the Corps and the Environmental Protection Agency. It is heartening to start a hearing, such as this, with a word of praise for the seemingly fluid coordination of the Federal agencies. This is a welcome change. The challenge ahead is great. Yet, we must work together to expeditiously resolve the best course of action to preserve the economic and ecological health of the Great Lakes waters."

 

    Michigan Department of Natural Resources and Environment Director made several recommendations that echoed Governor Granholm's rejection of the Administration's Framework Strategy. Among her recommendations Humphries called for immediately "closing and ceasing operation of the O'Brien Lock and the Chicago Lock until a permanent ecological barrier is constructed between the Great Lakes and the Mississippi River watershed. The Army Corp of Engineers must have the authority to close the locks on emergency and permanent bases if necessary. . ."

 

    Michigan outlined some interim measures but ultimately called for "Developing and implementing plans for a permanent solution to the problems that would ecologically and physically separate the carp-infested waters of the Mississippi River watershed from the Great Lakes."

 

    The hearing produced no resolutions and significant differences in proposed control strategies still exist.

 

    Access information on the House Asian Carp hearing including an 8-page briefing report, links to all testimony and a video (click here). Access an Administration release on the Framework (click here). Access the 46-page Framework (click here). Access the Asian Carp Coordinating Committee website for extensive details and background (click here).

MI Governor Rejects Administration Asian Carp Plan

Feb 8: Federal officials from the U.S. Army Corps of Engineers, U.S. EPA, the Department of the Interior, and the U.S. Coast Guard unveiled a strategy that outlines over 25 short and long-term actions and $78.5 million in investments to combat the spread of Asian carp. The Administration said the draft Asian Carp Control Strategy Framework (Framework) is "an unparalleled effort to control the invasive species, unifying Federal, state, and local action, and introducing a multi-tiered defense of the Great Lakes to prevent Asian carp from developing self-sustaining populations while longer term biological controls are being developed."

 

    The Administration said in a release, in the near term, the Framework focuses on keeping carp from establishing populations in the Great Lakes. It calls for reduced openings of Chicago's navigational locks to prevent carp movement. In addition, Federal agencies will deploy enlarged field crews for physical and sonar observation, electro-shocking and netting operations within the waterway. Turnaround times on eDNA verification will be expedited and testing capacity will be doubled to 120 samples per week.

 

    In March, 2010, a $13.2 million contract will be awarded for construction of barriers between the Chicago Sanitary and Ship Canal and Des Plaines River, which will prevent fish passage around the electric barrier in the event of flooding where the two water bodies mix. A $10.5 million contract will also be awarded for construction and operation of a third electric barrier (IIB). The Framework expedites a U.S. Army Corps of Engineers' study of the feasibility and impacts of permanent lock closure, the effectiveness of lock closings to block carp movement, the risks and costs associated with closure, and a discussion of alternatives. The Framework identifies a variety of longer term Asian carp management techniques for the duration of 2010 and beyond. This includes $3 million in funds for commercial market enhancements and $5 million for additional chemical treatments in the case of barrier failure. It also puts forth over $1.5 million in new research funding.

 

    Michigan's Governor Granholm said that a proposal unveiled by the White House falls short of protecting the Great Lakes from the threat posed by Asian carp and continued her call for the locks in Illinois to be closed to protect the ecosystem and the $9 billion boating and $7 billion sport and commercial fishing industries that support the regional economy [See WIMS 2/8/10]. The Governor said, "I am grateful for the good deal of effort and thought that has gone into this by the Obama administration, but I am very disappointed with the proposal presented today during the White House meeting. We have to prevent Asian carp from entering the Great Lakes, but the proposal presented still leaves the lakes vulnerable to this threat."
 
    Granholm said she supports creating a physical and biological separation between the Great Lakes and the Mississippi River watershed that keeps Asian carp from entering Lake Michigan. Granholm has called for closing the locks between the Chicago Sanitary and Ship Canal electrical barrier and Lake Michigan until that separation is constructed. However, the U.S. Army Corps of Engineers proposes to continue operating the locks while attempts are made to suppress Asian carp populations. She said, "While we did have some areas of agreement with the White House, we believe that the plan does not adequately address the concerns we have been voicing about the imminent threat Asian carp pose to the Great Lakes. I believe the proposal's primary objectives are not sustainable, and that this is a plan to limit damages -- not solve the problem."

 

    The only options that exist presently for fish population suppressions in rivers and canals are the use of rotenone and crews of commercial fishermen netting fish. To keep the locks open requires frequent poisoning of the waters with rotenone, Granholm noted, as well as long-term monitoring. She said, "Neither option is a real solution." Granholm also expressed concern that nearly 70 percent of the funding for the federal Asian carp proposal comes from the Great Lakes Restoration Initiative (GRLI), an interagency plan to target the most significant problems in the region, including invasive aquatic species, non-point source pollution, and contaminated sediment.

 

    The Governor said, "We are concerned they are robbing funds from other vital issues we need to address in Great Lakes restoration. The needs we have to address environmental and sustainability issues in the Great Lakes are paramount and a major economic issue for our state. I applaud the administration for commitment to construction of the second electrical fish barrier, separation of the rivers and canal systems to prevent carp movement during floods, increased research, and an aggressive public education campaign. These areas of agreement, however, are not enough to address this very serious issue threatening the health of the Great Lakes and the region's tourism economy."

 

    According to a release from the Governor's Office, Granholm and the Michigan delegation do support the administration's multi-tiered approach to addressing the Asian carp issue.  They also support emergency measures to block passage of water and fish between the Des Plaines River and the Chicago Sanitary and Ship Canal (CSSC), and the Illinois and Michigan Canal and the CSSC. Michigan also supports increased research of the issue and construction of an additional barrier.

 

    Assistant Senate Majority Leader Dick Durbin (D-IL) released a statement on the Framework saying, "The effort to control Asian Carp received an unprecedented investment from the Obama Administration today. The $78.5 million strategic framework proposes 25 short and long term actions involving four federal agencies that will work closely with the Illinois Department of Natural Resources and the City of Chicago. It is clear that the Administration is prepared to wage an aggressive battle prevent this invasive species from reaching the Great Lakes. I am committed to working together to find a solution that will protect our lakes, while preserving jobs and promoting economic activity in the region."

 

    Access an Administration release on the Framework (click here). Access the 46-page Framework (click here). Access a lengthy release from Governor Granholm (click here). Access a release from Senator Durbin (click here). Access the Asian Carp Coordinating Committee website for extensive details and background (click here). Access a Chicago Tribune report on the meeting (click here).

Great Lakes Cities Call For Unity To Stop Asian Carp

Feb 8: As tensions rise and differences emerge between various parties involved in the Asian Carp control issue, the Great Lakes and St. Lawrence Cities Initiative announced on February 5, that maintaining unity within the Great Lakes and St. Lawrence community is essential to prevent  Asian carp from establishing populations in the largest freshwater resource in the world. The Cities Initiative Board of Directors has adopted a "Statement of Unity" that sets out key steps that need to be taken to protect the resource.

 

    Cities Initiative Chairman George Heartwell, Mayor of Grand Rapids, MI, said, "This is a matter of utmost urgency and we need a united sense of purpose among the government partners and the stakeholder community that the Asian carp must be stopped dead in their tracks. There is no tomorrow when it comes to solving this problem."

 

    The Cities Initiative outlines key steps in the short, mid, and long term that need to be taken. They said, "In the short term in 2010, much more comprehensive surveillance and monitoring is essential immediately to know where the Asian carp are, how many of them are there, and where they are going. With that information available, the authorities can make much better decisions about what type of actions are necessary for what numbers of fish in what locations. While this is being done, continued operation of the electronic barrier at optimum levels, construction of flood protection, additional chemical treatment, and other possible steps must be taken or readily available. 

 

    "Moving from the short term to the mid- term in 2011 and 2012, there must be an expedited study for long term solutions, including separation of the Great Lakes and Mississippi watersheds in a way that prevents fish and plant life from moving between the two basins. Upon completion of those studies, there must be full and timely implementation of the solutions in 2013 and beyond, and the funding to make it happen."

 

    David Ullrich, Executive Director of the Cities Initiative, said, "Mayors from across the basin are prepared to work with all partners to come up with the best solutions and make them a reality so the Great Lakes and St. Lawrence are protected. The quality of life and economic well being of our people are determined by the resource, and we owe it to ourselves and future generations to keep the Asian carp out."

    As an example of the elevated rhetoric and hostility developing between parties in the issue, on February 5, lawmakers from the Upper Peninsula of Michigan launched an online campaign "demanding that Chicago bureaucrats and the Governor of Illinois" close two shipping locks to keep Asian carp out of the Great Lakes. Michigan Representative Judy Nerat (D-Wallace) said, "We can't let complacent Illinois politicians and bureaucrats continue to hold the Great Lakes hostage when there is an imminent Asian carp threat at our doorstep."

    In a release, Michigan State representatives issue a release saying they were launching "an aggressive online effort by sending a virtual postcard of a boat filled with Asian carp to Chicago and invited people from around the Great Lakes region to join their fight by e-mailing 'boatloads of carp' to Chicago bureaucrats like Metropolitan Water Reclamation District Executive Director Dick Lanyon and the Governor of Illinois, who are stalling action to protect Great Lakes." State Representative Mike Lahti (D-Hancock) said, "Summits are fine as far as they go, but meetings and position papers aren't enough to end this enormous threat to the Great Lakes. We need action now from the Illinois governor and the bureaucrats in charge of the Chicago locks." 

    Access a release from the Cities Initiative (click here). Access the "Statement of Unity" (click here). Access the Cities Initiative website for more information (click here). Access a release and link to the MI Reps. online campaign (click here).

Another Asian Carp Meeting On February 17

Feb 8: The International Joint Commission (IJC), in cooperation with the other participating agencies will be hosting a public meeting in Ypsilanti, MI, on February 17, to discuss plans and get recommendations on Asian carp control efforts. According to IJC the following agencies will be represented: International Joint Commission; U.S. EPA; U.S. Fish and Wildlife Service; U.S. Army Corps of Engineers; U.S. Coast Guard; Great Lakes states, provinces, municipalities and tribes (invited); White House Council on Environmental Quality; and Scientific experts.

    The meeting will be held from 3:00 - 6:00 PM, Wednesday, February 17, at the Marriott Ann Arbor Ypsilanti at Eagle Crest, 1275 S. Huron, Ypsilanti, MI 48197. The meeting will also be available via live web stream (See below). Those who cannot attend the meeting in person can submit questions on the website. When available, the framework and a transcript of the meeting will be posted on the Asian Carp Regional Coordinating Committee website (See below).

 

    On February 3, U.S. EPA, on behalf of the Asian Carp Regional Coordinating Committee, announced a similar meeting in Chicago on February 12, at the Metcalfe Federal Building, to discuss plans and get recommendations on Asian carp control efforts [See WIMS 2/4/10]. The committee will answer questions and listen to comments from the public. That meet is also available via live interactive web stream.

 

    A meeting on the Asian Carp issue, scheduled for today, February 8 in Washington, DC with Great Lakes Governors and White House & agency officials was cancelled due to record snowfall in DC that have paralyzed the city. According to reports, the meeting between Governors Jennifer Granholm (MI), Jim Doyle (WI), and Pat Quinn (IL) and the Administration was to take place via teleconference.

 

    In a related matter, U.S. Representative Pete Hoekstra (R-Holland), introduced a bill (H.R. 4604) that would make the Army Corps of Engineers the lead agency and provide them with the authority to fight the invasion of Asian carp into the Great Lakes. Hoekstra said, "Asian carp pose a devastating threat to Michigan's environment and economy. The Asian Carp Action Plan will provide the Army Corps of Engineers with a host of tools to prevent the carp from establishing a habitat in the Great Lakes." Hoekstra's bill would authorize the Army Corps of Engineers to expedite a number of measures to prevent the Asian carp from reaching the Great Lakes, including applying fish poisons, fixing locks and installing new barriers that include electrical, air-bubble and sound barriers that disorient fish.

 

    In late January, U.S. Senator Debbie Stabenow (D-MI) and U.S. Representative Dave Camp (R-MI) also introduced companion legislation, the CARP ACT (Close All Routes and Prevent Asian Carp Today, S. 2946, H.R. 4472) [See WIMS 1/22/10]. That bill would direct the Army Corps of Engineers to take immediate action to prevent the potential entry of Asian Carp into the Great Lakes.

 

Also, on February 9, the House Transportation & Infrastructure Committee, Subcommittee on Water Resources and Environment, Chaired by Representative Eddie Bernice Johnson (D-TX) will be holding a hearing on "Asian Carp and the Great Lakes." Those scheduled to testify include: U.S. EPA; Army Corps of Engineers: Illinois DNR; Michigan DNRE; Wisconsin DNR; University of Notre Dame;  Great Lakes Fishery Commission; Canal Barge Company, Inc. on behalf of The American Waterways Operators; and Alliance for the Great Lakes. [Note: Continuing weather problems could prevent this hearing].

 

Access the announcement of the Feb. 17 meeting (click here). Access the website for the live web stream for both meetings (click here). Access a report on the cancellation of the Governors' meeting (click here). Access a release from Rep. Hoekstra (click here). Access legislative details for H.R. 4604 (click here). Access the Coordinating Committee website (click here). Access information on the House Asian Carp hearing including an 8-page briefing report (click here).