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Entries in wetlands (20)

Monday
Nov032014

Should We Support New CWA Rules? I'm Not So Sure . . . 

Some sportsmen groups support the new rules proposed for the federal Clean Water Act (CWA).

For example, the Theodore Roosevelt Conservation Partnership, of which B.A.S.S. is a member, says this: “Sportsmen must speak up for strong, science-based protections for waters upon which America’s hunters and anglers rely. Tell the Army Corps and EPA (Environmental Protection Agency) you support their efforts to clarify the Clean Water Act and urge them to finalize a rule that protects wetlands and headwater streams.”

I’m not so sure. For months I’ve argued with myself about this. Yes, I want to protect wetlands and headwater streams, but . . .

The original Clean Water Act was passed by our elected representatives and senators and signed into law by the President. It clearly was implemented with the best interests of the public and our aquatic resources in mind.

These rules were formulated by the EPA for the EPA. Public input was solicited, but no bureaucracy is going to institute rules detrimental to its own best interests. It’s going to create regulations that strengthen it and expand its powers.

And what recourse do citizens have in dealing with unelected, unaccountable bureaucrats who, more and more, are making the rules that we must live by? Not much.

EPA insists that these new rules simply “clarify” its regulatory role in protecting waters upstream of navigable waters. It needs to do so, it asserts, because of Supreme Court decisions that created uncertainty.

Critics of EPA and Corps overreach counter that those decisions reined in those agencies, which is why they now are proposing new rules.

I could present you with an almost endless list of testimonials from both sides, but I’ll keep it to a couple.

EPA’s Nancy Stoner says this:

“So EPA and the Corps are bringing clarity and consistency to the process, cutting red tape and saving money. The proposed Waters of the U.S. rule does not regulate new types of ditches, does not regulate activities on land, and does not apply to groundwater.”

Mike Freese, an attorney for the Oregon Farm Bureau counters:

“This is also going to affect counties, cities, home builders and land use anywhere near a waterway . . . The Clean Water Act will become a land management tool for federal agencies.”

If my decision to align with one side or the other were based only on the rules themselves, I’d probably side with the sportsmen groups and EPA. But it’s not.

There’s also interpretation and enforcement by the bureaucrats in those agencies, and the track record there is not good. Ask Mike and Chantell Sackett up in Idaho about that. After obtaining necessary local permits and consulting with the Corps, they were filling in their lot with dirt and rock, preparing to build a home in a neighborhood where other houses have stood for years. Suddenly, federal officials showed up, demanding that they stop construction because their .63-acre lot is a protected wetland.

Seven years later, they’re still fighting for the right to build their home. In 2012, the Supreme Court ruled unanimously on their behalf, but its judgment said only that the couple has the right to seek judicial review in opposing the EPA.

Also in 2012, a top EPA official, Al Armendariz, resigned after a video surfaced of him making a speech in which is compared the agency’s enforcement strategy to Roman crucifixion.

“It was kind of like how the Romans used to, you know, conquer villages in the Mediterranean,” he said. “They’d go in to a little Turkish town somewhere, they’d find five guys they saw, and they’d crucify them.

“And then, you know, that town was really easy to manage for the next few years.”

More recently, bureaucrats in another agency have refused to cooperate with Congress on another water-related issue. The Interior Department ignored a subpoena to provide documents regarding this administration’s rewrite of the 2008 “Stream Buffer Zone Rule.”

"The administration's response to the committee's oversight efforts has been downright shameful. Their actions are unjustifiable and show blatant disrespect to the transparency they promised the American people,” said Rep. Doc Hastings, chairman of the House Natural Resources Committee.

Yes, we all want clean water.  And thanks to the original CWA we’ve made tremendous strides in improving water quality and fisheries. The question now is how to balance continued improvements with maintaining a government that is mindful of and respectful to its citizens and their rights.

(This was published originally in B.A.S.S. Times.)

Thursday
Apr032014

Great Lakes Ice Good for Water Levels, Fisheries, But Could Mean Loss of Wetlands

NOAA photo collage

By mid February, ice coverage of the Great Lakes was at 87.3 percent, as scientists predicted that it would reach record proportions--- more than 94.7 percent--- before the spring thaw.

That can be bad for commercial navigation. But in general, the ice is good for the lakes and their fisheries.

“When you have more ice formation, you have less direct contact with the atmosphere, less opportunity for evaporation and that keeps the water levels up, said Alan Steinman of the Annis Water Resources Institute.

For years now, the lakes have suffered from low water, with Lake Michigan falling to record lows just last year. More water retained will mean more shoreline habitat later.

Yet that also could mean the loss of wetlands gained during the low-water years. From 2004 to 2009, wetlands increased by 13,610 acres in the eight-state Great Lakes region, according to the U.S. Fish and Wildlife Service.

That was the only portion of the country to show an increase, as the rest of the nation’s coastal wetlands shrank by 360,720 acres.

Before ice coverage started reaching record proportions, Donald Uzarski of the Institute of Great Lakes Research explained how the increase occurred.

“As the shoreline moves away from the upland, the wetland essentially follows it,” he said.

“Usually, the amount of wetlands stays the same over the years as water levels rise and fall because wetlands move where the shoreline is. But we’re seeing low levels that have rarely happened in the past.”

Going into spring, water levels likely will be higher than they would have been following a mild winter, thanks to that ice coverage. It increased from 77 to 87.3 percent during the second week of February and was forecast to reach the highest percentage since records started being kept in 1973. Coverage of 94.7 percent was recorded on Feb. 19, 1979.

By Feb. 12, Lake Superior, the most northern of the lakes, was at 95.3 percent coverage. It last was 100 percent ice covered in 1996.

Climate for Lake Erie is a bit milder, but the lake also is shallow compared to its counterparts, meaning it is more likely to freeze in winter. It was at 95.9 percent, on its way to the full coverage that also occurred in 1973, 1978, 1979, and 1996.

By contrast, coverage of Lake Ontario was just 32 percent. One reason for that, scientists theorize, is that the lake doesn’t freeze as easily as the rest because it has a greater capacity for “heat storage.” In other words, it is deep, like Superior, but has far less surface area, where the heat is lost. Also, moving water from Niagara Falls helps keep ice from forming.

Tuesday
Feb182014

Exotics Take a Bite Out of Wetlands

Nutria photo from Louisiana Department of Wildlife and Fisheries website.

Most anglers know that Asian carp are harming this nation’s fisheries, from the Upper Midwest down to the Gulf Coast and eastward through the Ohio River watershed.

What many do not realize, however, is that other exotics also are doing severe damage. They don’t receive as much publicity because their range is more limited.

But in Louisiana, the nutria, a large rodent, is devouring the wetlands, destroying spawning and nursery habitat for a multitude of important sport fisheries. In fact, the state estimates that damage at any given time is about 46,000 acres, as about 5 million of the web-footed animals with large, orange teeth feed on the roots and stalks of aquatic plants.

Additionally, the giant apple snail also is taking a giant bite out of the wetlands. They’ve been banned from the state since 2012, but that was too late to keep them from becoming a destructive force, courtesy of irresponsible hobbyists who dumped their aquariums into waterways.

“They eat a ton of plant material, anything they can get their tiny little mouths on,” said Michael Massimi of the Barataria-Terrebonne National Estuary Program. “You are converting a water body from one dominated by plants to one dominated by algae.”

Asian carp, tiger prawns, water hyacinth, and giant salvinia also are among the exotic species doing damage to Louisiana’s coastal system.

Some limited good news is that the state’s nutria control plan, implemented in 2002, has lessened the impact of these furbearers, which were imported during the 1930s and promoted as a way to combat water hyacinth and other invasive plants during the 1940s.

Giant apple snails also are gobbling up wetlands.

Still the cumulative effect of these invaders is significant for an ecosystem already under siege. First came decades of habitat degradation and mismanagement, most of it originating from development and water diversions. These actions accelerated erosion and saltwater intrusion, which are crumbling away the equivalent of a football field every hour.

Then came the Deepwater Horizon oil spill and its aftermath, which added to the peril of an ecosystem that is critical for sustaining the food web of the Gulf of Mexico.

Fortunately, the spill also provided impetus for passage of the RESTORE Act, which provides a rare opportunity to restore and enhance the Delta and its wetlands. Guiding that restoration is a multi-state, multi-agency group known as the Gulf Coast Ecosystem Restoration Council.

And a coalition known as Vanishing Paradise is working to make sure that Council members remember the importance of habitat restoration, which can drive and support economic recovery.

“The people, business, communities, and economy of this region are undeniably reliant upon a healthy and productive Gulf, and ecosystem restoration should be the top priority,” said spokesman Ben Weber.

Sadly, passing legislation and creating coalitions will do little to counter the damage already being done by established exotic species, including the nutria and giant apple snail.

But something could be done to lessen the likelihood of future harmful invasions in Louisiana’s marshes and wetlands, as well as other waterways nationwide. Congress needs to strengthen the Lacey Act, which prohibits the import and trade of harmful species.

Here is how bad the problem is: Since the act’s implementation more than a century ago, only about 40 animal groups have been prohibited, and that usually occurred long after they were imported, escaped into the wild, and started doing damage.

By modernizing the Lacey Act, Congress could empower the U.S. Fish and Wildlife Service to first assess the potential risks associated with a species proposed for import before deciding whether to allow or prohibit its trade in the United States. The ineffectiveness of the current law is easily evidenced by Burmese pythons in the Everglades, Asian carp threatening the Great Lakes, and giant apple snails joining nutria in gobbling up Louisiana’s wetlands.

Wednesday
Jan152014

Anglers Divided Over Diversion to Restore Mississippi Delta

Vanishing Paradise staffer Ben Weber

The campaign to protect and restore the wetlands and marshes of the Mississippi Delta has been fractured. Sadly, anglers now are pitted against anglers regarding the strategy for coastal Louisiana, with the future of fish and waterfowl, as well as their habitat, in the balance.

“It breaks my heart to see this fragmenting,” says Ben Weber, a Louisiana native and staffer for Vanishing Paradise, a coalition endorsing a comprehensive plan for rehabilitation of the Mississippi Delta. “Opposition is not based on science, and bass fishing is taking a hit.”

“This is the greatest environmental disaster in our country and no one knows about it,” adds Ryan Lambert, owner of Cajun Fishing Adventures. “We have to get bass fishermen involved in the fight.”

In short, manmade alterations in the river’s natural flow during the past 70-plus years, mostly for flood control, have allowed saltwater intrusion. That has killed vegetation and prompted erosion and loss of about 1,900 square miles of wetlands.

As this habitat for bass and waterfowl has been destroyed, a multitude of saltwater species, including redfish, flounder, speckled trout, shrimp, and crab, have enjoyed an expanded range. Not surprisingly, some commercial fishermen, charter captains, and local communities  want to maintain the status quo.

Their Save Louisiana Coalition supports restoration, but opposes freshwater diversion, one of the most effective tools for doing so. That’s because this sediment-carrying water, which will rebuild marshes, also will move saltwater species back toward the Gulf.

As an angler, it’s easy to understand their point of view: They don’t want to surrender any of their fishing grounds, including those created by man’s interference with a natural system.

But they also are short-sighted. Freshwater diversion is vital to the continued health of both the fresh and saltwater fisheries in the Delta. If saltwater continues to encroach, nearly all nursery habitat will be lost and redfish and trout will decline, right along with bass and catfish.

“The problem in Louisiana is we’re addicted to salt because that salt brings tremendous benefits in fisheries,” offers Robert Twilley, a coastal scientist at Louisiana State University.

But every year, he cautions, that artificial fishery moves closer to the river than nature ever intended.

“In 15 years, I’ve seen 80 percent of the marsh near our camp (Leesville) vanish,” says Weber. “There are cemeteries in bayou communities with just one or two headstones left (above water). We fish in the cemeteries for trout.”

Along the Mississippi at Buras, a stark contrast highlights the importance of using freshwater diversions, adds Lambert. On the west side, which receives little to no freshwater, only open water and dead marsh grass remains. On the east side, where freshwater flows, the wetlands are alive and thriving.

In that area, the Louisiana angler notes, “bass fishermen and redfish fishermen go to the same place to catch fish. From Buras down to the mouth of the Mississippi is the best fishing in North America.

“You can’t just pump in sediment,” he says. “You have to have freshwater too (for sustained fisheries).”

He also points out that the Davis Pond Diversion, where Kevin VanDam won the 2011 Bassmaster Classic, is no longer a viable fishery because flow has been reduced. “Saltwater has come in and killed the grass,” he says. “There are no bass, no brim, no crappie, no catfish, and no duck habitat. And it’s all because they want to grow oysters there.”

Freshwater diversion is but one of several tactics that will be used to revitalize the Delta. Others will include vegetation planting, dredging and placement of sediment, and protecting shorelines and barrier islands.

But reconnecting the river to the Delta is of paramount importance.

Only by restoring the natural process as much as possible can we achieve a solution that will benefit both freshwater and saltwater species.

 “Sportsmen and women have always had an eye towards long-term conservation,” says Steve Bender, Vanishing Paradise director. “That is what this is all about ---  the long term. To do it any other way is shortsighted and will not ensure that future generations will have the hunting and fishing opportunities we have all come to enjoy.”

(This article appeared originally in B.A.S.S. Times.)

 

Monday
Oct142013

More Invasives Join Nutria in Destroying Louisiana Wetlands, Marshes

The nutria is one of Louisiana's most destructive invaders.

In Louisiana, the nutria, a rodent from South America, long has been the poster-child for the exotic species that are destroying that state’s wetlands and coastal marshes and threatening its native fish and wildlife.

But it is certainly not the only threat. Others include Asian carp, giant apple snail, tiger prawn, water hyacinth, and giant salvinia.

Learn more about the exotic species invasion of Louisiana in The Advocate newspaper.