Electronic Filing - Received, Clerk's Office, November 12, 2010 * * * * * PC# 553 * * * * *
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Electronic Filing - Received, Clerk's Office, November 12, 2010 * * * * * PC# 553 * * * * * BEFORE THE ILLINOIS POLLUTION CONTROL BOARD IN THE MATTER OF: ) ) WATER QUALITY STANDARDS AND ) EFFLUENT LIMITATIONS FOR THE ) R08-9 CHICAGO AREA WATERWAY SYSTEM ) (Rulemaking-Water) AND THE LOWER DES PLAINES RIVER: ) Adm. Code Parts 301,302,303 and 304 ) (Subdocket C) NOTICE OF FILING To: John Therriault, Clerk Marie Tipsord, Hearing Officer Illinois Pollution Control Board Illinois Pollution Control Board James R. Thompson Center James R. Thompson Center 100 West Randolph Street - Suite 11-500 100 W. Randolph, Suite 11-500 Chicago, IL 60601 Chicago, IL 60601-3218 Deborah J. Williams, Assistant Counsel Persons included on the attached Stefanie N. Diers, Assistant Counsel SERVICE LIST Illinois Environmental Protection Agency 1021 N. Grand Ave. East P.O. Box 19276 Springfield, IL 62794 Please take notice that on November 12,2010, we filed electronically with the Office of the Clerk of the Illinois Pollution Control Board the attached Responses of Robin L. Garibay, REM to Questions Posed by Chairman Girard, which is served upon you. CITGO PETROLEUM CORPORATION, and PDV MIDWEST, LLC, Petitioners By: a-~~ One of Its Attorneys . Jeffrey C. Fort Ariel 1. Tesher SNR Denton US LLP 233 S. Wacker Drive Suite 7800 Chicago, IL 60606-6404 12823593 Electronic Filing - Received, Clerk's Office, November 12, 2010 * * * * * PC# 553 * * * * * November 10, 2010 Mr. Jeffery C. Fort, Esq. SNR Denton 233 South Wacker Drive Suite 7800 Chicago, IL 60606-6404 Re: Water Quality Standards and Effluent Limitations for the Chicago Area Waterway System and Lower Des Plains River (R08-9, Subdocket C). Follow-up to questions posed during hearing on November 8, 2010. Mr. Fort, At my testimony on November 8, 2010, Chairman Girard asked for follow up information on three topics or questions. The Chairman asked for: 1. References in support of the statement: “The commercial value of Asian carp is quite low and much less valuable than the native fish they replaced”; 2. References to support field studies that have documented that Asian carp have displaced valuable native fish; and 3. The identity of any fisheries biologists who do not think that an Asian carp migration or invasion would be particularly harmful to the Great Lakes In response to those requests, I reviewed new resources and information was sought in response for each question. I did not review reference material, comments, or testimony previously submitted for this water quality standards and effluent limitation issue. Responses and information provided for each question posed is as follows: 1. The commercial value of Asian carp is quite low and much less valuable than the native fish they replaced. There are two aspects in response to this question that are somewhat related. First, the existing commercial value of forms of Asian carp are not considered equivalent to the native fish they are expected to replace. The following statement from the website http://www.asiancarp.org/ within the “Frequently Asked Questions” link provides a partial response to the question; Why are they [Asian carp] a problem in the Illinois River system? (see Attachment A). “Between 1994 and 1997, for instance, commercial catch of bighead carp in the Mississippi River increased from 5.5 tons to 55 tons between. Today, commercial fishers in the Illinois River regularly catch up to 25,000 pounds of bighead and silver carp per day; a half acre of river can often yield thousands of pounds of Asian carp, a remarkably large amount of fish. The commercial value of Asian carp is quite low and much less valuable than the native fish they replaced.” Responses and other document available from the same website allude to a similar conclusion. Electronic Filing - Received, Clerk's Office, November 12, 2010 * * * * * PC# 553 * * * * * The second aspect involved the current and expected market for Asian carp and information can be found in: Kolar, C.S., D.C. Chapman, W.R. Courtenay, Jr., C.M Housel, J.D. Williams, and D.P. Jennings. 2005. Asian Carps of the Genus Hypophthalmichthys (Pices, Cyprinidae) – A Biological Synopsis and Environmental Risk Assessment. Report to U.S. Fish and Wildlife Service per Interagency Agreement 94400-3-0128 (see Attachment B). The Kolar et al. (2005) report indicates that while there is some information regarding a growing market for Asian carp as a consumable commodity, this market appears to have a focus more in aquaculture and not commercial harvest avenues. This is due, in part, to the need for equipment changes among commercial fishing fleets, but also due to state regulations regarding capture and possession of Asian Carp. Table 10 in Kolar et al (2005) presents eleven of twelve states listed that limit or prohibit the capture or possession to some extent of Asian Carp. Only the state of Iowa has added the Silver Carp to the list of permissible commercial catch fish. These limitations on catch and possession drive the commercialization of Asian carp towards aquaculture and reduce the recreational value of the Asian Carp to levels below other native recreational or commercial fish. 2. Field studies that have documented that Asian carp have displaced valuable native fish Kolar, C.S., D.C. Chapman, W.R. Courtenay, Jr., C.M Housel, J.D. Williams, and D.P Jennings. 2005. Asian Carps of the Genus Hypophthalmichthys (Pices, Cyprinidae) – A Biological Synopsis and Environmental Risk Assessment. Report to U.S. Fish and Wildlife Service per Interagency Agreement 94400-3-0128 (Attachment B) provides some insight to this question. Page 106 of Kolar et al. (2005) states: “The accidental establishment of Silver Carp in the Gobindsagar Reservoir in 1971 has generated animated debate from ecologists and fishery managers because of the propensity of the species to negatively affect native planktivorous species, particularly Catla and Rohu (Shetty et al. 1989; Sugunan 1997; Esmaeili and Johal 2003). After the introduction of Silver Carp, commercial fish catches from the reservoir changed dramatically (Petr 2002).” Page 107 of Kolar et al. (2005) states: “Introductions of Bighead Carp into reservoirs in Thailand were associated with declines in commercially important native zooplanktivorous clupeids (de Iongh and Van Zon 1993). Although these studies did not quantify diet overlap and competition for limited food resources, a large body of circumstantial evidence is building regarding the negative effect of Hypophthalmichthys on native fishes, particularly those relying on plankton as a food resource” Page 125 of Kolar et al. (2005) states the following that also provides support to the question 1 above): “Because of the negative effects of potential declines in native fish stocks available for commercial and recreational fishing and because of lost recreational opportunities due to the jumping behavior of Silver Carp, we are reasonably certain - 2 - Electronic Filing - Received, Clerk's Office, November 12, 2010 * * * * * PC# 553 * * * * * that established populations of Bighead and Silver carps present a medium to high risk of causing negative economic consequences on the environment.” References from Kolar et al (2005) included in the above statements are presented below. Shetty, H.P.C., M.C. Nandeesha, and A.G. Jhingran. 1989. Impact of exotic aquatic species in Indian waters. Pages 45-55 in S.S. De Silva, editor. Exotic aquatic organisms in Asia. Proceedings of the workshop on introduction of exotic aquatic organisms in Asia. Asian Fisheries Society Special Publication 3. Sugunan, V.V. 1997. Fisheries management of small water bodies in seven countries in Africa, Asia, and Latin America. Food and Agriculture Organization of the United Nations, Fisheries Circular 993 FIRI/c933. 149 pp. Esmaeili, H.R., and M.S. Johal. 2003. Age, growth, and fisheries of silver carp Hypophthalmichthys molitrix (Val., 1844) in Gobindsagar Reservoir, India. Pages 127-138 in B. Phillips, B.A. Megrey, and Y. Zhou, editors. Proceedings of the Third World Fisheries Congress: Feeding the World with fish in the next millennium―The balance between production and environment. American Fisheries Society Symposium 38. American Fisheries Society, Bethesda, Maryland. Petr, T. 2002. Cold water fish and fisheries in countries of the high mountain arc of Asia (Hindu Kush-Pamir-Karakoram-Himalayas). A review. Pages 1-38 in T. Petr and D. B. Swar, editors. Cold water fisheries in the Trans-Himalayan countries. FAO Fisheries Technical Paper 431. de Iongh, H.H., and J.C.J. Van Zon. 1993. Assessment of impact of the introduction of exotic fish species in north-east Thailand. Aquaculture and Fisheries Management 24:279-289. As well as; Perea, J.P. 2002. Asian carp invasion: fish farm escapees threaten native river fish communities and boaters as well. Outdoor Illinois 10(5):8. 3. The identity of any fisheries biologists who do not think that an Asian carp migration or invasion would be particularly harmful to the Great Lakes. The only reference that could be found regarding a fisheries biologist that has expressed an opinion in contrast to the common conclusion that invasion of Asian Carp to the Great Lakes may not pose a significant problem is Dr. Konrad Dabrowski. Dr. Dabrowski is a Professor in the School of Environment and Natural Resources, Ohio State University, Columbus, Ohio. Dr. Dabrowski specializes in fish pathology and aquaculture and his viewpoint is based on study of Asian Carp over a period of 15 years No peer reviewed articles were found regarding the invasion of Asian carp to the Great Lakes. The following are examples of articles that present his viewpoint. - 3 - Electronic Filing - Received, Clerk's Office, November 12, 2010 * * * * * PC# 553 * * * * * November 10, 2010 Jeffery C. Fort http://www.dispatch.com/live/content/sports/stories/2010/09/05/dont-fear-asian-carp- osu-professor-says.html (Attachment C), and http://www.fieldandstream.com/blogs/fishing/2010/09/can-asian-carp-spawn- properly-great-lakes (Attachment D).