The Battle for Lake Erie - by William Henry Powell

Some 200 years later – the new front for the battle of Lake Erie is now in the Ohio General Assembly.

Yesterday, the Ohio House passed a bill House Bill 473 that leaves Lake Erie and its tributaries unprotected and blocks the rights of Ohio’s hunters and anglers to use Lake Erie

HB 473 is legislation to implement the Great Lakes Compact.

Lake Erie is Worth Fighting For

Just like in 1812 – Ohio is blessed to have Lake Erie.  It supplies the state with more than $10 billion in economic revenue each year and more than a quarter of a million jobs resulting from recreational and commercial fishing, hunting, wildlife watching, tourism and travel.

Its tributaries, such as the Grand, Vermillion and the Chagrin, provide world class steelhead fishing opportunities and is commonly referred to as ‘steelhead alley’.  Other tributaries, such as the Maumee River,  are also the spawning grounds for walleye and smallmouth bass.  It also supplies drinking water to 11 million people across the area, 3 million of whom live in Ohio.

In other words, Lake Erie and its tributaries truly make Ohio special – and deserve protection.

House Bill 473 is the second attempt to pass legislation to implement the Great Lakes

Smallmouth Bass caught by author on Lake Erie

Lake Erie Tributaries Left Unprotected

HB 473 restricts the Ohio Department of Natural Resources to only assess the impact of water withdrawals on Lake Erie – not the source of the withdrawal.  Not only does this conflict with the Great Lakes Compact – which includes a preference for direct tributaries – it defies science and common sense.  How are we to know the real impact of a water withdrawal if you don’t analyze its impact to the source of the withdrawal?

No doubt this will have dramatic impacts on ‘steelhead alley’ and potentially add to the growing problem of algal blooms in the western basin of Lake Erie.

Blocks Hunters and Anglers Rights to Lake Erie

The Great Lakes Compact states that any “Person aggrieved by a Party action shall be entitled to a hearing” in accordance with each state’s administrative procedures and laws.  It further provides that, “after exhaustion of such administration remedies…any aggrieved Person shall have the right to judicial review of a Party’s action in the relevant Party’s court of competent jurisdiction.”

Yet, House Bill 473 changes the definition of ‘aggrieved persons’ by limiting it to those who were issued a permit, or those who have a direct economic or property interest impacted by a withdrawal.  This narrow definition of aggrieved person would take a step backward and essentially eliminate Ohio’s citizen’s rights to enjoy and recreate in Ohio’s Lake Erie Basin.

“Dont Give Up the Ship!”

Back in 1812, America and the people of Ohio recognized Lake Erie was certainly worth fighting for.  We must not forget the famous dying command of American Naval Officer, Captain James Lawrence, during the War of 1812, “don’t give up the ship!”

Today, we must remain vigilant and continue to fight for Lake Erie. As this bill moves forward, it is our hope the Ohio Senate and Governor Kasich will remember the rally cry of Captain Lawrence and honestly evaluate whether or not this bill is consistent with the Great Lakes Compact and protects Lake Erie.

The current Battle for Lake Erie is vital to the health of Ohio’s wildlife and economy. 

Help stop Asian carp from invading the Great Lakes.

Live Asian Carp Captured Just South of Twin Cities

On Friday March 1st, comercial fisherman captured live Asian (silver and bighead) carp in the Mississippi River near Winona, Minnesota.  This recent capture is a game changer.

If Asian carp are allowed to move further north, Minnesota’s wildlife and way of life are at risk.

Several positive eDNA hits of Asian carp were found this summer in the Twin Cities in the Mississippi, St. Croix and Minnesota Rivers.  So, this capture reaffirms the results of the positive eNDA testing.

Known to batter boaters and even knock them into the water at the sound of a passing motor, Asian carp are voracious filter feeders that can grow to more than 4 feet long, weigh up to 100 pounds and quickly dominate a body of water by gobbling up the same food that sustains native fish populations.

Minnesota Congressional Delegation Steps Up

In response to this, U.S. Senators Amy Klobuchar and Al Franken and Representatives Keith Ellison, Erik Paulsen, and Tim Walz introduced The Upper Mississippi Conservation and River Protection Act (Upper Mississippi CARP Act) yesterday.

The bill would require the Upper St. Anthony Falls Dam to be closed in the event that Asian carp are found in certain areas closer to the dam until appropriate control measures can be put in place.

In addition, the bill requires the U.S. Army Corps of Engineers to conduct feasibility studies on both the temporary and permanent closing of the Upper St. Anthony Falls Dam within six months and a year of the bill becoming law respectively.  The studies would also examine the possibility of using other control methods, such as modifying lock operations and alternative barriers, to stop the spread of Asian carp. The bill would authorize the Army Corps of Engineers to close the Upper St. Anthony Falls Dam based on the findings of these feasibility studies.

National Wildlife Federation and our state affiliate, Minnesota Conservation Federation, join Minnesota Governor Dayton, the Minnesota Department of Natural Resources and numerous Minnesota Legislators in support of this bill.  

This new legislation is a refreshing and bi-partisan display of unified support for action to stop Asian carp.   

Released by the Great Lakes Commission and the Great Lakes-St. Lawrence Cities Initiative, this study provides manageable solutions to stopping carp from invading the Great Lakes.   As these jumping, jumbo-sized fish keep swimming towards Lake Michigan, the study refocuses the Great Lakes region on a permanent solution and away from temporary band-aid approaches that do not protect the Great Lakes nor the Mississippi River basins from the spread of Asian carp and other invasive species.

Separation is Feasible

The study clearly shows that separation is feasible.  It outlines three scenarios to restore the natural divide between two of America’s greatest water systems.  The report underscores that we have the technology to do this.   This should end excuses and spark the U.S. Army Corps of Engineers to do its job.  This is a major step forward and should compel the U.S. Army Corps to finish its study sooner rather than the agency’s self-stated – and utterly unacceptable – completion date of 2015.

Necessary Investment

According to the study, the cost of just barriers themselves is as low as $109 million.  With the addition of all enhancments to upgrade Chicago’s water infrastructure and water quality - the mid-system estimates come in at a projected $4 billion – or, approximately $1 per month from now until 2059.  (The highest estimates are $9 billion.)  In other words, for the the price of a cup of coffee once per month, we get a improved and enhanced Canal System, and protect the Great Lakes and Mississippi River basins from invasive species.  This is a bargain!

For a resource that provides over 35 million people with clean drinking water, contains 20% of the Earth’s fresh surface water, and supports and robust tourism industry and world class fishery, which generates over $7 billion in economic benefit annually…this is a necessary investment.

These investments in Chicago to block carp and protect the Great Lakes are well within the scope of other large scale metropolitan infrastructure projects.  This amount is in-line for what cities like Chicago, Detroit and Cleveland are spending to upgrade their sewer systems to reduce sewage contamination.  In terms of cost comparisons, the Environmental Protection Agencies Watershed Needs Survey 2008 estimates infrastructure costs for Chicago and suburbs to address combined sewer overflows (CSO’s) at $7.48 billion.

We already know that the annual cost of invasive species to the Great Lakes is at least $200 million per year.  A failure to confront the Asian carp will only add to that price tag – and will be far more expensive for people and communities in the Great Lakes.  Given the enormous stakes in stopping Asian carp, this investment needs to be shared because the benefits will be shared by everyone in the region.

As such, this is one investment that we cannot afford not to make.

Game Changer

This study is a revelation. It puts solutions on the table that are both feasible and affordable.  The onus is clearly now on the U.S. Army Corps of Engineers to expedite its own study so the nation can stop talking about “if” a solution is possible, and instead focus on ‘when’ people can be put to work to solve this problem once and for all.

Asian carp photo courtesy Jason Lindsey

Unfortunately, these abundant natural resources in Minnesota are the latest victim of Asian carp.

Known to batter boaters and even knock them into the water at the sound of a passing motor, Asian carp are voracious filter feeders that can grow to more than 4 feet long, weigh up to 100 pounds and quickly dominate a body of water by gobbling up the same food that sustains native fish populations.

Asian Carp in the Twin Cities

Earlier this summer, positive eDNA hits of Asian carp were detected(Minnesota Carp eDNA hits map )in the Mississippi, Minnesota and St. Croix rivers near the Twin Cities.  Further elevating the urgency of this crisis, on December 8^th, Minnesota Department of Natural Resources (MN DNR) officials announced that positive eDNA samples indicated that silver carp are above and below the Coon Rapids Dam – just north of the Twin Cities.

Not good news for those 11,842 lakes. 

While most of the focus remains on stopping Asian carp from entering the Great Lakes via the Chicago Waterway System, we must work to close all the doors across the Great Lakes Basin to carp.  As such, NWF and our state affiliate, Minnesota Conservation Federation (MCF), have pulled together a strong and diverse coalition of sportsmen and women, environmental groups and private property owners in calling for immediate action to stop the northward advance of carp into Minnesota’s waters.

Asian Carp Solutions

Lock #1 downtown Minneapolis

While this goal is similar to our efforts in Chicago, the political lay of the land is more promising in Minnesota.  Unlike Chicago, the state and some federal agencies are moving fast and there seems to be momentum building to prevent carp from advancing up the Mississippi River.  In fact, it is our hope that our efforts in Minnesota can serve as an example for the Chicago Waterway System that achieving a permanent solution is feasible. 

New Nickname for Minnesota?

If we don’t act now and implement a plan of action to stop carp, Minnesota better start thinking of a new state nickname. 

How about this one:  Land of 10,000 Asian Carp Infested Lakes? 

Sad, but possibly true.

Introducing: Choose Your Cause

Because of my personal experience and passion for protecting special places in Minnesota and throughout the Great Lakes, I know first-hand what a profound effect my donations to this program can have.  And, it’s why I choose to continue to support this program through NWF’s newly launched Choose Your Cause online portal.

I know that you care about protecting Minnesota’s vast water resources from Asian carp and other threats.  So, through our new Choose Your Cause site,  Just click on the cause you care about most and enjoy inspiring stories and photos from folks on-the-ground who are working tirelessly to protect the wildlife and wild places we all love.

“The Good, the Bad and the Ugly:  Implementation of the Great Lakes Compact” reviews the current status of state and regional implementation of the Compact in three critical areas:  diversions out of the Basin; water conservation and efficiency; and water withdrawal permitting.  For each area, the report gives examples of the good, the bad…and the downright ugly.

This report is a wake-up call to the states to step it up. The future of the Compact remains bright, but our Great Lakes need a renewed commitment by the states and the region to address the bad—and prevent the ugly.

The Great Lakes states came together to pass the Compact.  We can not let that unprecedented level of work leading up to passage of the Compact go to waste.

Highlighting a case of the ugly, the Ohio General Assembly recently passed legislation that sinks to a new low in the annals of Compact implementation.  As Andy Buchsbaum writes in his blog, Ohio’s unbalanced bill is drastically at odds with the Great Lakes Compact and threatens Lake Erie and water flows, placing recreation, tourism, and wildlife at risk. Lake Erie is already in trouble, but this bill will only cause further stress and potentially escalate harmful algae blooms.

The Compact is at a critical juncture. The Compact, a binding agreement among the Great Lakes states to protect the water resources of the Great Lakes Basin from diversions and excessive withdrawals, became law two and a half years ago.  Together with a similar agreement between the states and the Great Lakes Canadian provinces, the Compact set minimum requirements for water use across the Basin.  Each state agreed to implement the Compact by meeting a series of deadlines over five years, subject to regional oversight.  Today, implementation of the Compact is at the halfway point.  Two deadlines have already passed, and the final deadline is December 8, 2013.

Our report finds that all states are out of compliance with at least one of the water conservation and efficiency requirements of the Compact.  Compounding this problem is a weak oversight body (Regional Body and Compact Council) that is comprised of the states themselves to facilitate implementation.  Without effective accountability and guidance by the Regional Body and Compact Council, the Great Lakes and all of the waters in the Great Lakes basin may not achieve the most protective conservation programs and standards necessary.

Not only is this problematic from a resource perspective in protecting the Great Lakes from unwise water use, but it is also problematic in terms of the precedent and future of the Compact.  While we are still in the infant stages of the Compact, it is vitally important that states move forward rapidly to implement water reforms in order to showcase that this new law works.  Otherwise, we may not fully realize the potential of the Compact.

However, there is some promising news.  Highlighting a case of the good –Michigan’s groundbreaking online screening test for water withdrawals, which has won three national awards, is a novel means of predicting resource impacts and providing users with a quick determination.

NWF and others in the Great Lakes environmental and conservation community worked extensively for over a decade in negotiating and writing the Great Lakes Compact.  This new water management regime seals historic protections for the Great Lakes.

The Compact gave us a roadmap and the states need to follow its directions.

NWF’s goal is for each state to cross the finish line and fully implement the Great Lakes Compact. NWF and our partners have reached out to each state agency and are working together with them to meet the requirements.  We will continue to do so as our Great Lakes, and the people and wildlife that depend upon them…are too important.

Asian carp are a huge threat to the Great Lakes and this report shows just how critical we must act immediately to protect the Great Lakes.

The scientist published their report in the International Association of Great Lakes Research and essentially compiles all the existing scientific research on the impact of Asian carp to the Great Lakes. 

The science tells us:

• The electrical barrier systems aimed to block passage of invasive species via Chicago Waterway System to and from the Great Lakes and the Mississippi River are ineffective.  Richard Sparks, Senior Scientist, National Great Rivers Research and Education Center, pointed out that the barrier system is subject to constant maintenance, can be compromised in major storm events, and does not repel larvae, eggs and/or fry.  Alarmingly, he indicated that a radio tagged adult Asian Carp in April of 2003 was able to breach the electrical barrier by floating adjacent to a steel barge while passing through the barrier;
• The Great Lakes are a prime home for Asian Carp, providing all the habitat, food and temperature requirements needed to thrive. Read what the science tells us about the impacts of Asian carp;  
• We have time to act, but if we don’t act now…the costs will be much higher.

 They also go on to debunk misconceptions about the impact of Asian carp on the Great Lakes and conclude that the only solution is to physically separate the Great Lakes and Mississippi River basins to prevent the further spread of harmful invasive species.

The authors are publishing the paper describing the latest science on Asian carp now in hopes of telling the full truth on the impact of Asian Carp to our Great Lakes and the impact of all invasive species that transfer between the Great Lakes and Mississippi River. 

 The science is in. The time for talk is over.  It’s time to act on what the scientist are telling us and get to work protecting the Great Lakes and Mississippi River from harmful invasive species and the environmental and economic harm they bring.