® Ancient Public Trust Not Forrest Gump Not Forrest RFK, Jr. & Mark Dowie RFK, Jr. STRONG COMMUNITIES STRONG • Fisher-Philosopher Jimbo Meador Fisher-Philosopher
KNOW YOUR RIGHTS YOUR KNOW
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6 Letter from the President: Robert F. Kennedy, Jr.
10 Splashback: The Quick and the WE WIN 12 Ripples 20 22 U.S. Power Company Accused of Canadian Environmental Crimes
24 Say No to Cypress Mulch
26 Waterkeepers Australia: Fighting for Flow
28 Conversation with Fisherman-Philosopher Jimbo Meador 24 30 Fish Able: Know Your Rights 32 Fish kills, Fishermen & Pfiesteria 40 Blue Pastures in Public Trust by Mark Dowie 43 Saving Klamath Salmon 45 Playing Hooky with the Shenandoah Riverkeeper 47 Pescador Waterkeeper — Guardaguas Bahía Magdalena/Magdalena Baykeeper 48 Accessing the Kaw 49 River Shrimp 29 50 Fishable Waters, Edible Fish 51 Seafood Consumption Advisory 52 Fisheries Act Under Attack 53 The Way Forward 54 Teach Wealth 55 Go Fish 56 Fishing to See 46 58 In the News
60 Ganymede: Court Adjourns
62 Waterkeeper’s Wake: Chapter Six, A Great Team
63 Farr on Film: In the Navy, II
64 On the Table with Giles Ashford
66 Beating Around the Bush 57
4 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
Letter from the President Robert F. Kennedy, Jr. Fighting for What I Love
have a hunch that a lot of American pack trip to Whiskey Bend in the San Juan spending several days a week in and on men, if asked about important boy- range on Washington’s Olympic penin- the waters of the Hudson and that’s how Ihood moments, might reminisce sula. We lived on the mild, fl aky meat of I came to truly know and love it. Th ey about their fi rst kiss or a little league game trout cooked over an open fl ame. After- took me fi shing from boats and from the in which they made a run or an out that ward we fi shed for salmon in Puget Sound shore for striped bass, black bass and clinched their team’s victory. Such mem- and caught more fi sh than I’d ever seen. white perch; we’d go fl y-fi shing in the ories are certainly worth cherishing, but Fishing satisfi es many of my appe- tributaries for brown and brook trout; for some of us, something quite diff erent tites. Whether I’m getting blown around we’d beach seine for exotics and shrimp; tops the list: pulling a fi sh out of the water a boat on open water or up to my waist and we’d scuba dive from canoes in the for the fi rst time. in a placid stream, I am nourished by my marshes. Sometimes, I’d explore the trib- For me, that thrilling experience is surroundings of water, fresh air, wildlife utary streams on my own, like I did when a snapshot of a youth spent with water and nature’s beauty. It can be quiet and I was a kid. It surprised me to see tropical and wildlife. Growing up in Virginia, my solitary or, more often for me, joyously fi sh in the estuary. Th ey are funneled into brother David and sister Kerry and I often shared with family and friends. Th ere’s the Hudson in large cells of warm water wandered the woods and streams near satisfaction that this pleasurable labor re- that break off the Gulf Stream as it fl ows our house searching for frogs, crayfi sh sults in getting a healthful meal. Savoring north past Long Island. In the Croton and mudpuppies. When my family spent the sweet fl avor of fresh fi sh is one of life’s River, a tributary of the Hudson, I saw summers at Cape Cod, my cousin Bobby great pleasures. sea horses and a fi sh called a moongazer, Shriver and I rode our bikes to the tidal But unfortunately, eating your catch is which emits an electric shock when you inlets at Calmus Beach to crab or to the often no longer wise. Pollution in many of touch it. salt marshes at Squaw’s Island to catch America’s lakes, rivers, streams and coast- A few years after I began working with fi ddler crabs, killifi sh and mummichogs in al areas now makes it unsafe for people, the fi shermen, we set up a program that a wire trap. We’d go dip netting for paint- especially children, to eat fi sh from those enables Pace University law students to ed turtles and baby catfi sh from a dinghy waters very often. play a major role in the lawsuits we were on Anderson’s Pond or beach seining for I began seeing this fi rst hand around the fi ling against polluters. Under a special eels, shiners, skipjacks and Atlantic nee- time I started having children of my own court order, the students actually argue dlefi sh; we’d snorkel for scallops until we and wanted to share with them the joys of the cases in court. Th ey are training to had enough to feed the entire family gath- hunting for aquatic creatures. In 1984, the be the next generation of environmental ered at Hyannisport – a formidable task same year my fi rst child was born, I started warriors who will fi ght to make the Hud- in spite of the scallops’ abundance. Sev- working for the Hudson River Fisherman’s son safe for people and all kinds of fi sh eral days a week, my parents would take a Association, a group of commercial and and wildlife. huge pack of kids in our wooden sailboat recreational fi shermen who’d banded to- Th ese days, I take my own children to nearby islands where we would fi sh for gether to protect their right to harvest un- fi shing as often as possible; in summer, we sand sharks, scup, fl ounder, puff ers and contaminated fi sh from public waters. (I go several times a week. We line fi sh in sea robins, gather hermit crabs, periwin- still work for the group today, which later the pond behind my house or beach sein- kles and scallops and dig for steamers. became Hudson Riverkeeper). On behalf ing in the Hudson River, catching stripped One of my fondest childhood memo- of the fi shermen, I began suing corpora- bass, sturgeon and shad. But we don’t ries involving capturing and feasting on tions that were killing fi sh and making bring home anything to eat from these fi sh was an unforgettable trip with my them unsafe to eat by illegally dumping outings. Everything we catch, we release, father and siblings and Supreme Court toxins into the Hudson River. regardless of species or size, because the Justice William O. Douglas, who was a Th ey say that you fi ght for what you fi sh in our area are too contaminated with great environmentalist. It was a ten-day love. Working for the fi shermen, I started mercury and PCBs to safely eat.
6 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Tragically, mercury contamination now makes it unsafe for children and women of childbearing age to eat any freshwater fi sh in Connecticut, most of the fi sh in New York State and all of the fi sh in the New York City reservoir sys- tem. Th e fi sh in 44 states now have con- sumption advisories because of mercury contamination. In the Northeast and Great Lakes states, most of this mercury comes from coal-fi red power plants. Th e mercury in coal can mostly be fi ltered out of air emissions by modern equipment. Th e Clean Air Act requires power plants to modernize as they make alterations. But a handful of power plants, many of them in the Ohio Valley, have stub-
bornly refused to put in better fi ltering BILL ABRANOWICZ equipment. Th is mercury lands on water at risk for permanent IQ loss, kidney and bodies, soils and forests, putting the toxin liver damage, blindness and possibly au- rights of access to public waters and fi sh- in everything fi sh eat and ending up in the tism because of the mercury. Half of the eries, rights that no president, governor fl esh of the fi sh humans eat. mercury emissions in our country are or CEO can deny. Th e Bush administration has failed to coming from those coal-burning plants in Th ere are at least three things each of make these coal-fi red plants modernize; the Ohio Valley. us can do to turn the tide on the fate of it even proposed doing away with the Th e contamination of American fi sh- our fi sheries. First, I recommend support- part of the Clean Air Act that requires eries also amplifi es the pressure on our ing the work of a non-profi t organization this upgrading of fi ltering equipment. ocean fi sheries, which, it is now widely that focuses on protecting our waters Th is led a group of Northeast states and acknowledged, are in great distress. And from pollution and over-fi shing. I devote several environmental organizations, in- now, over 70 to 90 percent of the world’s my time to Waterkeeper Alliance, Hud- cluding Waterkeeper Alliance, to fi le law- fi sheries are considered “over-fi shed.” son Riverkeeper and Natural Resources suits to enforce the Clean Air Act. What Th ankfully, the ocean fi sheries crisis Defense Council and there are many oth- this boils down to is that my children and lately has been getting attention from me- er organizations that do excellent work. the kids of millions of other Americans dia and international organizations, such Th ese groups have scientists, lawyers can no longer go fi shing in their com- as the United Nations. But it is a long way and, yes, lobbyists, to get policies enacted munities and eat their catch, because the from being solved. that will protect fi sh populations. Do you utility industry has such political clout in When Americans can’t eat the fi sh we have a local Waterkeeper program? Th at’s Washington. Th e lawsuits have been forc- catch, we are being denied more than a where to start. ing the plants to upgrade their fi ltering meal: we are being stripped of an age-old Second, by thoughtfully choosing equipment and not a moment too soon. right that all of us have to take and eat what we eat, each of us can support sus- About ten years after I started working fi sh from public waters. Fishing was listed tainable fi shing and avoid supporting the for Hudson Riverkeeper I started spending in the ancient Roman Code of Justinian worst practices. a lot of my time helping to set up new Wa- as a fundamental right. As a citizen of Finally and I consider this the most terkeeper organizations around the coun- Rome, you had an absolute right to cross important, we must choose people to try. Th ere are now 157 local Waterkeeper a beach to catch a fi sh; not even the em- represent us in government who are com- groups around the world. Each is estab- peror himself could stop you. Western law mitted to addressing water pollution and lished and run by local citizens who work and culture has continued to protect this over-fi shing. Th ere are successful models together to protect a local river, lake or bay. right over the ages. When Britain’s King for re-establishing depleted or contami- I serve as the president of Waterkeeper Al- John began to claim access to fi sheries nated fi sheries. Iceland, for one, has been liance. We are leading a coalition of envi- and wildlife as the provenance of the elite showing the world what a committed ronmental organizations that has fi led a at the beginning of the 13th century, it government can do to rebuild our rav- formal complaint under the North Ameri- contributed to the revolt that ended with aged oceans. Th is work has to be done can Free Trade Agreement to force the his signing the Magna Carta. Th e Magna at the state, national and international United States to reduce its mercury emis- Carta has two chapters on public access levels with enforceable laws and treaties. sions from coal-burning power plants. to fi sheries in navigable waters, establish- Supporting politicians that recognize the One out of every six American women ing it as an undeniable right of all people. urgent need for protecting our fi sheries is of childbearing years now has so much American case law and statutes have simply the best thing we can do to reclaim mercury in her body that her children are fi rmly established that we have the same our fi sheries for future generations. W
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 7 ® WATERKEEPER ON THE M A G A Z I N E COVER Press clipping from the Neuse Riverkeeper with trout. 50 S. Buckhout St., Ste. 302, Irvington, NY 10533 www.WATERKEEPER.org The offi cial magazine of Waterkeeper Alliance MISSION: Waterkeeper Alliance connects and supports local Waterkeeper programs to provide a voice for waterways and communities worldwide. PROUD Eddie Scher Editor Bandana Malik Assistant Editor SPONSORS OF Switch Studio Art Direction Richard J. Dove Photo Editor WATERKEEPER William Abranowicz Photo Consultant Giles Ashford Creative Consultant MAGAZINE Board of Directors Robert F. Kennedy, Jr. Andy Willner (PRESIDENT) NY/NJ BAYKEEPER Terry Backer Erick Bozzi (VICE PRESIDENT) SOUNDKEEPER, INC. CARTAGENA BAYKEEPER BOARD Bob Shavelson Captain Bill Sheehan Globally, the paper industry is the single (TREASURER) COOK INLETKEEPER HACKENSACK RIVERKEEPER Mark Mattson Karl Coplan largest industrial consumer of water and the (SECRETARY) LAKE ONTARIO PACE UNIVERSITY, ENVIRONMENTAL third greatest emitter of greenhouse gases. WATERKEEPER LITIGATION CLINIC Casi Callaway Fernando Rey Getting the Paper Right! MOBILE BAYKEEPER CARTAGENA BAYKEEPER BOARD Donna Lisenby Deb Self Waterkeeper magazine is printed on 100% post-consumer CATAWBA RIVERKEEPER BAYKEEPER, INC. recycled paper generated with wind power. We hope that other Alex Matthiessen Cheryl Nenn RIVERKEEPER, INC. MILWAUKEE RIVERKEEPER publications will join us in committing to protect our environment Joe Payne Murray Fisher and building the market for environmentally sustainable products. CASCO BAYKEEPER HONORARY MEMBER The environmental savings from this switch are enormous: Bruce Reznik Richard J. Dove SAN DIEGO COASTKEEPER HONORARY MEMBER Maya van Rossum 322 trees preserved for the future DELAWARE RIVERKEEPER
932 lbs. waterborne waste not created Board of Trustees 137,170 gallons wastewater flow saved Richard Dean Anderson Karen Lehner Gordon Brown Karen Percy Lowe & Kevin Lowe 15,177 lbs. solid waste not generated Michael Budman Paul Polizzotto 29,884 lbs. net greenhouse gases prevented Ann Colley Glenn R. Rink John Paul DeJoria Laura & Rutherford Seydel 228,738,400 BTUs energy not consumed F. Daniel Gabel, Jr. Joan Irvine Smith Savings from the use of emission-free wind-generated electricity: Tom Gegax Terry Tamminen Jami & Klaus von Heidegger William B. Wachtel 15,526 lbs. air emissions not generated Thomas Houston 7 barrels crude oil unused Staff Steve Fleischli Cate White In other words, savings from the use of wind-generated electricity EXECUTIVE DIRECTOR OPERATIONS MANAGER are equivalent to: Susan Sanderson Janelle Hope Robbins DEVELOPMENT DIRECTOR STAFF SCIENTIST not driving 7,612 miles Scott Edwards Mary Beth Postman OR LEGAL DIRECTOR ASSISTANT TO THE PRESIDENT Marc Yaggi Sharon Khan planting 625 trees DIRECTOR OF WATERKEEPER SUPPORT ENVIRONMENTAL ECONOMIST Eddie Scher Bandana Malik COMMUNICATIONS DIRECTOR COMMUNICATIONS ASSOCIATE Waterkeeper is printed on FSC-certified Mohawk Options 100% Jeffrey Odefey Edith Villagomez post-consumer recycled paper which is manufactured with STAFF ATTORNEY EXECUTIVE ASSISTANT Green-e certified wind electricity. This paper is certified by Green Lauren Brown Francisco Ollervides Seal and by Smartwood for FSC standards which promote STAFF ATTORNEY SENIOR FIELD COORDINATOR environmentally appropriate, socially beneficial and economically William Gerlach Emily Egginton FIELD COORDINATOR viable management of the world’s forests. STAFF ATTORNEY
© 2007 Waterkeeper Alliance. Reproduction of editorial content only is authorized with appropriate credit and acknowledgement. Waterkeeper, Channelkeeper and Lakekeeper are registered trademarks and service marks of Waterkeeper Alliance, Inc. Coastkeeper, Creekkeeper, Gulfkeeper and Inletkeeper are trademarks and service marks licensed by Waterkeeper Alliance, Inc. Riverkeeper is a registered trademark and service mark of Riverkeeper, Inc. and is licensed for use herein. Baykeeper and Deltakeeper are registered trademarks and service marks of Waterkeepers Northern California and are licensed for use herein. Soundkeeper is a registered trademark and service mark of Soundkeeper, Inc. and is licensed for use herein. Waterkeeper is printed on Forest Stewardship Council (FSC) certified Mohawk Options 100% post-consumer recycled paper which is manufactured with wind electricity. Printed in USA • Peake DeLancey Printers, LLC
8 Waterkeeper Magazine Spring 2007 www.waterkeeper.org SCOTT EDWARDS Who is Who is www.waterkeeper.org Join Waterkeeper Alliance—Get and strongcommunities. ensures ourfutureand fi ght for cleanwater It istheactionofsupporting memberslikeyouthat for oneyear. Everyone hastherighttocleanwater. Join Waterkeeper Allianceandget has an annual subscription value of 12.Th value anannual subscription has Waterkeeper Alliance isa501(c)(3) non-profi Baykeeper AndyWillner. New York) speakswithNY/NJ with Waterkeeper Alliancein Luo (whospentlastsummer the background,Laurence samples HanRiverwater. In Jianli watcheswhileavolunteer Middle HanWaterkeeper Yun Waterkeeper Alliance? t organization. Your 50 contribution or more entitles entitles more Yourt organization. or 50 contribution e balance of your contribution is tax deductible to the ebalance deductible extent ofyourcontribution bylaw. istax allowed WATERKEEPER
Irvington, NY10533orcontactus [email protected] WATERKEEPER payable toWaterkeeper Alliance,to: You canalsojoinWaterkeeper Alliancebymail.Sendyourcheck, Waterkeeper Allianceasasupporting member. Go to you to receive a one year subscription to you to subscription receive a oneyear www.WATERKEEPER.org
membership,50S.BuckhoutSt., Ste. 302, WATERKEEPER andclickonDonateNowtojoin Waterkeeper family. environmental leadersintothe most inspiringandgroundbreaking are excitedtowelcomeChina’s Volunteers Wang Yongchen. We of Beijing-basedGreenEarth lawyer ChenYuechin andfounder Jun, pioneeringenvironmental on China’swaterproblemsMa acclaimed journalistandauthority advocates includinginternationally are supportedbyastrongteamof the MiddleHanWaterkeeper. They the peoplelivingalongitsbanks,is champion oftheHanRiverand waterways andalong-time Jianli, aleadingvoiceforChinese Canal Waterkeeper. Ms.Yun waterways, istheBeijingNorth engineer andexpertonBeijing’s in China.Mr. ZhangJunfeng, announce ourfirstlocalprograms Waterkeeper Allianceisproudto our communities. health andprosperityof clean waterandthe to pollutersguarantee Waterkeepers standup voice foryourwaterway. and standingasthe environmental laws lake orcoast–enforcing protecting yourriver, responsibility for Waterkeepers take Our 157local lawyers andadvocates. scientists, educators, We areinvestigators, Spring2007 WATERKEEPER Waterkeeper Magazine magazine, which magazine,
9 fifi Splashback fififififififififififififififififi
The Quick and the CLEAN WATER • STRONG COMMUNITIES •
S= CITIZEN ACTION
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A ALA WE WIN N S=PANGAALAN On January 26, just days after the Waterkeeper magazine winter issue on Industrial Cooling and Ecological Destruction hit newsstands, a federal court ruled in our favor in the case argued in court and described in the issue by Reed Super. “This decision will give the millions of Lake Erie fish and billions of fish eggs a
Vol Industr
um ial Cooling and Massive Ecological Destr chance. They can no longer 3 Number 3, e uction argue that it is OK to kill fish because of economics. And best of all, the fish will come back once the cooling Jay-Z & Kofi Annan towers are in place.” Water for Life Sandy Bihn, Western Lake Erie Waterkeeper Robert F. Kennedy, Jr. Letter from the Pr “Reed Super was the winning quarter- esident back – thanks to his tenacity and intelligence, we succeeded.” John Torgan, Narragansett Baykeeper
Federal Court Finds Massive Power Plant Fish Kills Illegal EPA faulted for placing power plant profits over public trust FOR IMMEDIATE RELEASE, January 26, 2007
NEW YORK, NY – A three-judge panel need for large infusions of freshwater. wildlife from needless devastation at the of the U.S. Court of Appeals for the This technology also greatly reduces the hands of power plants.” Second Circuit ruled yesterday that EPA massive fi sh kills associated with power “Once again the courts have prevented cannot allow power plants to kill a tril- plant operations. The court also found EPA from rewriting the Clean Water Act at lion fi sh per year through their cooling that EPA violated the law by placing the the behest of industry,” said Reed Super, Se- water intakes. Cooling water intakes profi ts of power companies above the nior Clinical Staff Attorney at Columbia Law gulp in billions of gallons of river, lake protection of America’s fi sheries, defying School’s Environmental Law Clinic and lead and coastal water to cool power plant the direct mandate of Congress in 1972 to attorney for the Environmental Petitioners. machinery. Along with the water, these EPA to stop these unnecessary impacts. Steve Fleischli, Executive Director of intakes devour countless fi sh and fi sh “This historic decision validates what Waterkeeper Alliance explained, “Water- larvae, devastating fi sh populations the environmental community has been keeper Alliance fi led this lawsuit because across the country. saying for decades,” said Alex Matthies- EPA has ignored the Clean Water Act In a major victory for environmental- sen, Hudson Riverkeeper and President by allowing power plants to kill billions ists, fi shermen and the public, the court of Riverkeeper, Inc. “The Clean Water of fi sh each day. The solutions to this found that regulations issued by EPA in Act requires use of the best technology problem have been available, affordable 2004 improperly rejected “closed cycle available. By ignoring that requirement and in common use for decades. With cooling,” a technology that cools plant EPA has thwarted the will of Congress this victory, this indiscriminate and illegal machinery while nearly eliminating the and repeatedly failed to protect fi sh and slaughter should now stop.”
10 Waterkeeper Magazine Spring 2007 www.waterkeeper.org fififififififififififififififififififififififififi
“For three decades PSE&G has The Elm Creek Power been getting away with murder Plant in Wisconsin will be at its Salem Nuclear Generating forced to install cooling technology that saves fish Station – needlessly killing and aquatic life. N£ three billion Delaware River fish a year. This year, when New Jersey issues a renewed permit to PSE&G, they will be forced to stop the fish slaughter and to comply with the law. It is rewarding to have a court finally tell industry, EPA and the states that our environment and our Setting Precedent communities must come first.” On March 5, just weeks after the federal court decision, a court in Wiscon- Maya van Rossum, Delaware Riverkeeper and coauthor of “The sin overturned a state agency decision on cooling technology in a massive Quick and the Dead,” the landmark 1995 law review article on new coal-fi red power plant on Lake Michigan. The state court ordered fish kills and industrial cooling the agency to make a new decision that comports with the January 2007 Riverkeeper v. EPA case.
El Segundo The owner of the El Segundo Power generating station in Los Angeles, CA, is seeking permission from state regulators to switch to a closed-cycle cool- ing system. The 50-year-old plant is being rebuilt and originally planned on using 127 billion gallons of bay water a year for cooling. The plant will restart in 2010 with cooling towers that will drastically reduce the killing of fi sh and marine life. “We plan to take the boat out over the old intake and toast to the future recovery of our beloved bay: the sea turtles, seals, sharks, sea lions, rays and kelp forests — and the millions upon millions of fish.” Santa Monica Baykeeper Tracy Egoscue
Join Waterkeeper Alliance—Get WATERKEEPER Go to www.WATERKEEPER.org and click on Donate Now to join Waterkeeper Alliance as a supporting member.
CLEAN WATER • STRONG COMMUNITIES • CITIZEN ACTION ROBERT F. KENNEDY, JR. LEONARDO DICAPRIO CATHERINE CRIER << NOBEL PEACE PRIZE LAUREATE MIKHAIL GORBACHEV >> << ASTRONAUT BUZZ ALDRIN >> << SENATOR JOHN KERRY >> GREAT STAKES << WILLIE NELSON >> GREAT LAKES I=UKN ODENHAU BN=JGHEJ 88 ?DQ?G @ :: OAJ=PKN FEI FABBKN@O
£ WINTER 2005 WATERKEEPERFall 2005 S=PANGAALANOqiian .,,2 WATERKEEPER WATERKEEPERSpring 2005 WATERKEEPERSpring 2006 WATERKEEPERWinter 2006 S=PANGAALAN $5.95 $5.95 $5.95 $5.95 1*51 Storm Hawks goneglobal Surge &Doves
THE good FOOD President RFK, Jr. Coaltruth The Waterkeeper Movement Erin Brockovich Out Of Environmental Adolescence Harvey Wasserman Enemies of the Economics of Waterkeeper Beating Around Waterkeeper Founder Restoration Million Acres of Solartopia Environment Stormwater Vessels the Bush Air Force Joe Payne Hardware Wilderness
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 11 {{Ripples }}}}}}
Super Wal-Mart Developers Must Obey the Law
Above: Developers settlement in a lawsuit brought by Ogoochee ing excessive amounts of dirt into the surrounding illegally trenched a ACanoochee Riverkeeper and Altamaha River- streams and a downstream lake. stream and filled in keeper compels developers around a Super Wal-Mart Development in the Swainsboro area has explod- wetlands. complex to preserve more than 15 acres of wetlands ed in recent years, as have citizen complaints about and streams that fl ow into the nearby Ohoopee River. pollution. The 15 acres of permanently protected The lawsuit was brought after developer, Pine Tree II, wetlands and streams will help treat stormwater, illegally trenched a stream, removed a stream buffer, prevent downstream fl ooding and provide vital fi lled in wetlands and violated federal law by discharg- wildlife habitat.
Quick California Action on Cooling Affordable California Coastkeeper Alliance, a plaintiff in the federal court decision that ordered power plants to stop killing trillions of fi sh through once-through cool- Heavy Metal Testing ing technology, is making the court’s decision a reality in California. To operate the three Southern California coastal power plants that use Scientists at the University of North Carolina, Thermo once-through cooling, the State Lands Commission leases land from the pub- Scientifi c and the Ohio Network for the Chemically lic. Following the court’s decision in January, California Coastkeeper quickly Injured have created a new low-cost heavy metal test- drafted comments demanding that the leases be reopened within fi ve years to ing program. The program allows anyone to test the ensure an expedited public review of the continued need for those systems. levels of toxic metals in their home, school or work The Coastkeeper and partners also called for annual reports on the plants’ environments. Samples are analyzed for 26 different compliance to be clearly posted on the Internet, and asked the Commission heavy metals including mercury, lead and chromium to delete a rule that it conduct an additional review of the “feasibility” of new using innovative x-ray technology. 316(b) requirements. The Chair of the Commission, incoming Lt. Governor The program is part of research on the link be- John Garamendi and the other commissioners approved these changes unani- tween heavy metals and health problems. Identifi - mously and added that the plants must account for any public sand lost as a cation of the sources of the heavy metals can help result of power plant siting. reduce or eliminate unnecessary exposures and can Finally, as a result of a Coastkeeper Alliance exposé last year on the virtually prevent diseases and injuries. Chronic daily exposure nonexistent lease fees paid by wealthy plant operators — a mere $18 to $42 can cause permanent health damage. For further per year for two of the leases reviewed — the Commission raised the lease information visit the Detect and Protect Project at: fees to $82,000 and $350,000/year, a long-overdue change that better refl ects www.ohionetwork.org the value of the resources used.
12 Waterkeeper Magazine Spring 2007 www.waterkeeper.org IND UST RIES {{{{{{ Ripples }}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}
Beachwalk On Saturday, February 25, Indian Riverkeeper members joined Beach- walkers Stein Kretsinger and Robert Weinman as they traversed Florida’s Treasure Coast on their way from Miami to New York by foot and kayak. The pair is making the 1,600 mile trip to raise awareness of the need A comparison of downstream (left) and upstream (right) to protect coastal waters and to raise portions of Esopus Creek. Local fishermen began to call this funds for Waterkeeper Alliance and downstream stretch “Yoo-hoo Creek” after the chocolate drink. Waterkeeper programs. HONORS Supremes Uphold Hackensack Georgia Riverkeepers Upper and Lower Trout Creek Case Riverkeeper The Georgia River Neuse Riverkeepers Hackensack Riverkeeper Network, which works The Neuse River he U.S. Supreme Court affi rmed a stunning Captain Bill Sheehan to empower Georgians Foundation was recog- Tvictory for fi shermen and clean water advocates was honored by Bergen to protect their rivers, nized as Conservation in the Hudson River watershed this February. The Catholic High School at recognized Ogeechee Organization of the high court denied the appeal of a lower court deci- their 50th Anniversary Canoochee Riverkeeper Year for 2006 during the sion stopping New York City from polluting Esopus special awards luncheon Chandra Brown as Con- 45th Annual Governor’s Creek, a pristine, world-renowned trout stream in the in Tenafl y, NJ, for the servationist of the Year, Achievement Awards Catskill Mountains. pivotal role his environ- calling her an exemplary of the North Caro- In March 2000, a coalition of fi shing and environ- mental education tours organizer and champion lina Wildlife Federation mental groups including Riverkeeper, sued to stop have played in infl uenc- for her watershed as well Banquet held in Raleigh. the New York City Department of Environmental ing public policy deci- as all of coastal Georgia. The Foundation and the Protection from operating a tunnel that discharged sions in Bergen County. The Network praised two Neuse Riverkeepers polluted water into Esopus Creek. The city violated Altamaha Riverkeeper were commended for the Clean Water Act by transferring water with high as Watershed Group of their continued work to levels of sediment through the 18-mile Shandaken the Year. preserve the health of tunnel to Esopus Creek without the requisite Clean the Neuse River. Water Act permit. The city’s operation of the tunnel turned the clear Esopus Creek murky brown, destroy- ing its renowned trout fi shery. William Joseph Torgan was born on In October 2001 and again in June 2006, a federal August 31, 2006 to Narragansett court unanimously held that transfers of polluted wa- Baykeeper John Torgan and his ter between streams in different watersheds requires wife Jillian at 8 lbs. and 15 oz. His a Clean Water Act pollution permit — which the city passions include his mom, food failed to obtain. and reggae music.q “The Supreme Court’s action confi rms that any transfer of pollutants between distinct and uncon- nected waterbodies without a permit is illegal. Our pNoah Reed Revell was born to tireless efforts over these last seven years have af- Inland Empire Waterkeeper Mandy fi rmed the plain language and intent of the Clean Wa- Revell on February 10 at 6 lbs. 7 oz. ter Act,” said Daniel Estrin, Supervising Attorney at and 19 inches long. the Pace Law School Environmental Litigation Clinic. With the resolution of this case, the New York’s Department of Environmental Protection must pay a $5,225,000 penalty to the U.S. Treasury for violating NEWEST the Clean Water Act. WATERKEEPERS!
14 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
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Marsh Island Restored/ Returned to the Public Seattle Stormwater on Trial Roads & Twenty-two acre Marsh Polluted runoff is the number one source of water pollution in the nation and Tyranny Island in New Bedford, MA, in Puget Sound. A lawsuit fi led against the state by Puget Soundkeeper Sue will now be permanently Joerger will hold offi cials accountable for the damage polluted runoff causes On January 30, Satilla protected after Buzzards to her watershed. Sue has enlisted a team of top-fl ight attorneys to challenge Riverkeeper Board Mem- Baykeeper and partners a pollution permit that relies on expensive, ineffective engineering methods ber Kathy Wainright was secured the last remaining to treat or slow down stormwater, rather than more effective and affordable cut short and ejected in eight acres. The island was methods that can eliminate handcuffs from a Brant- once a rich coastal habitat stormwater runoff altogether. ley County Commission dominated by a large salt These advanced ‘green’ tech- meeting as she tried to marsh and two tidal creeks. nologies have been adopted make headway with the But the island signifi cantly in other states and represent Chairman Terry Thomas deteriorated after becoming Puget Sound’s best hope for re- on critical road issues a dredge spoils disposal site covery. The Puget Soundkeeper facing the county. in the late 1930s and early Alliance is currently involved in Roads in Brantley 1950s. With the site now 26 Clean Water Act citizen suits County are a major fully protected, plans are against egregious industrial concern. The 700 miles underway to restore the salt stormwater polluters. of dirt roads that weave
marsh and make the island LEO SHAW through Brantley are accessible to the public for Stormdrain at the mouth of Longfellow Creek. A three year study documented that up to 90 home to nearly a third of recreation. percent of female Coho salmon entering the urban creek died prior to spawning because of the county’s popula- contact with toxic stormwater. tion. Schools, residents, utility providers and the Satilla River are regularly CRIME AND PUNISHMENT affected by mismanage- ment of the roads. When Delaware Riverkeeper Boat Stolen and Vandalized Kathy raised the County Last fall, Pennsylvania Yacht Club members and offi cials in Bensa- Commission’s unwilling- lem, PA, found Delaware Riverkeeper’s patrol boat 20 miles north ness to budge over the of its home dock in Philadelphia. Riverkeeper recovered the 18-foot issue at the meeting, fi berglass patrol vessel, which had been stripped of its electronics, Thomas cut her off gear shaft and motor. Large gashes and holes had been cut into the before her time limit boat’s hull in multiple locations — perhaps an effort to sink the boat. was up. Kathy defended The Riverkeeper patrol boat was the only boat taken from the ma- her right to continue, rina that day and no unusual behavior was observed. The question but Thomas demanded remains unanswered whether the vandalism was done in retaliation Large holes cut into the that she promise not to for Delaware Riverkeeper’s fi rm stance on issues to protect Delaware Bay, such lower side of the boat. speak for the rest of the as their opposition to deepening the river or the development of Petty’s Island. meeting. When Kathy If you have more information, or would like to make a donation towards a new refused, Thomas called boat go to www.delawareriverkeeper.org the Brantley County Sheriff’s Offi ce and the Nahunta Police Depart- Three Years Later — Russian Crime Doesn’t Pay on San Francisco Bay ment to have her hand- Riverkeeper Boat Returns Years ago, San Francisco Baykeeper busted a small cuffed and removed This January, Russian Riverkeeper Don McEnhill shipyard that was dredging at night and dumping from the meeting room. received a call from the California Highway Patrol. the heavy-metal waste outside. Shortly afterwards She was quickly bailed Apparently, someone tried to register Russian Baykeeper’s boat was broken into, their GPS, depth out by local realtor and Riverkeeper’s patrol boat, stolen from Don’s drive- sounder and radar were stolen and their log book Chairman of the Airport way three years ago, immediately after the group was shredded and thrown into the bay. Commission Mary Gib- busted a major mining fi rm for a permit violation. Baykeeper reported the crime to EPA’s Crimi- son. Satilla Riverkeeper The boat was in almost the same condition as it nal Investigation service. EPA sent in a team who and Waterkeeper Alli- was when stolen, except for scrapes where decals removed all of the shipyard’s records and fi led a ance commend Kathy’s were located. The man who registered the boat said criminal case, which ultimately resulted in the fi rst backbone and willing- that he got it “from someone for free, who got it criminal conviction for an environmental incident ness to stand up for from someone else, who got it from someone else, on the bay. The shipyard owner was sentenced to our rights and speak who ‘found’ it.” After some touch ups, the Russian one year in jail and his assistant sentenced to six truth to power. Riverkeeper boat will be back on the water. months for the environmental crime.
16 Waterkeeper Magazine Spring 2007 www.waterkeeper.org >fm\iefi8iefc[JZ_nXiq\e\^^\iXe[ Gi\j`[\ek>\fi^\N%9lj_ eXd\[Xjknff]k_\Èdfjk`e]cl\ek`XcÉ`e>cfYXc:c`dXk\:_Xe^\%
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n February 22, Honorable Judge James V. Lane that S.I.L. Cleanwater amassed astounding violations Oruled favorably on the State of Virginia’s lawsuit of annual permitted limits for phosphorous and against the S.I.L. wastewater treatment plant in nitrogen release into the North Fork Shenandoah Timberville, VA. Shenandoah Riverkeeper, River over several years. The groups’ great- Potomac Riverkeeper and Waterkeeper est concern was that S.I.L. had violated Alliance initiated the case that state its phosphorous limits by about 900 offi cials later took over on behalf of percent during 2005, which means the people of Virginia. they had released nearly 56,960 Judge Lane’s decision will force pounds more phosphorous than they the wastewater treatment facility to were allowed under the law during a take immediate steps to upgrade single year. They also violated their treatment equipment and elimi- phosphorous discharge by more than nate illegal discharges. 300 percent in 2004 and 500 percent “Though the court’s ruling is a in 2006. There were also a host of viola- temporary injunction, many of these tions relating to raw sewage overfl ows. changes will likely result in a permanent im- As a part of the pending case Shenandoah provement in downstream waters,” said Bill Gerlach, Riverkeeper worked to document the environmental Waterkeeper Alliance staff attorney. Judge Lane set degradation of the North Fork associated with these the hearing for the Permanent Injunction for July. illegal discharges. Shenandoah Riverkeeper collected The owner of the wastewater treatment plant has water samples above and below the plant’s outfl ow. fi led for Chapter 11 Reorganization under federal Certifi ed lab results showed substantial increases bankruptcy law. “The facility argued it needs bank- in nitrogen and alarming amounts of phosphorous ruptcy protection to reorganize and make the needed — up to 140 times greater below the outfl ow. Shenan- upgrades,” says Shenandoah Riverkeeper Jeff Kelble. doah Riverkeeper also gathered evidence of massive “We just want them to do whatever it takes to stop algae growth in rocky riffl es below the discharge, this pollution. These improvements, along with steps where little or no such algae was present upriver. that farmers and others in the watershed are taking, The Clean Water Act citizen suit legal provisions re- will make a big difference in the health of the North quire that citizens fi le a ‘notice of intent to sue’ with the Algae from nutrient pollution Fork Shenandoah River and Chesapeake Bay.” polluter and the state, and then allow 60 days before (above) chokes the river This litigation was initiated by Shenandoah River- moving forward with a lawsuit. In this case, the Virginia downstream of the S.I.L. keeper, Potomac Riverkeeper and Waterkeeper Alli- Attorney General fi led their own lawsuit against S.I.L., plant (below). ance on August 11, 2006. The groups fi led a notice preempting the Riverkeepers’ citizen suit. of intent to sue S.I.L. Cleanwater LLC, also known “Concerns we had about the Virginia taking over as the North Fork Modular Reclamation and Reuse this case were alleviated by the Attorney General’s ag- Facility, under citizen’s provisions of the Clean Water gressive prosecution of the case,” said Shenandoah Act. The environmental groups’ research showed Riverkeeper Jeff Kelble.
South Riverkeeper caught polluters red-handed after erratic water-quality tests Contractor Fined signaled pollution. South Riverkeeper Drew Koslow was from a construction site through running an errand near an outfall in the outfall. Drew notifi ed the County the Annapolis Town Center this Janu- Inspections and Permits Offi ce ary when he pulled over and got out who caught a contractor pumping of his car. For weeks, Drew suspected water from one sediment trap into that illegal discharges were happen- another, causing the receiving trap ing regularly from the outfall, but to overfl ow. The contractor was fi ned wanted to catch the polluters in the $500 and was required to stop pump- act. Drew found muddy water fl owing ing water immediately.
18 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
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Delaware Riverkeeper Deputy Director Tracy Carluccio addresses protesters of a dangerous chemical weapons waste disposal plan in spring 2006.
Chemical Weapon Dumping Plan Defeated
his January chemical giant Dupont announced The lawsuit challenged the Army’s plan to import on Tthat it would pull out of a U.S. Army plan the grounds that federal law bans the transporta- to dump byproducts of a deadly chemical tion of chemical weapons across state lines. weapon in the Delaware River. The plan Delaware Riverkeeper also called on the called for the transportation of 1,250 Army to complete an environmental tons of the nerve agent VX hydro- impact statement for the project. Until lysate from Indiana to Deepwater, then, the Army had not undertaken NJ for treatment and disposal. the necessary studies on the project’s VX is one of the deadliest nerve impact on the Delaware River and the agents ever produced and pres- surrounding environment. On Friday, ents a disposal challenge because January 5, Dupont made the unexpect- it is diffi cult to break down, highly ed announcement that it would pull out fl ammable and not uniform in its con- of the proposed treatment project putting
AP PHOTO/CHUCK ROBINSON stituents. The transportation and disposal an end to the proposal. The extremely lethal nerve of the waste would have seriously endangered Initially, the U.S. government had plans to de- agent VX has been stored aquatic life and the public health of millions. stroy the waste onsite in Indiana, but the facility there since 1969 in 1,269 steel Since the plan fi rst surfaced in 2004, NJ elected had yet to be built and the federal administration containers at the Newport Chemical Depot in western offi cials have remained steadfast in their opposition sought a faster way to dispose of the waste after the Indiana. to the plan to treat VX byproducts at Dupont’s Salem attacks of September 11, 2001. County facility and dump the waste into the Delaware Delaware Riverkeeper has asked the Army to River. The fi nal blow to the plan came when Delaware destroy the VX onsite in Indiana using the most Riverkeeper and co-plaintiffs from New Jersey, Penn- environmentally safe method possible and will sylvania, Delaware and Kentucky fi led a complaint in continue to follow the issue to ensure that the Army federal district court against the Army in December. safeguards the public and the environment.
Radioactive Sign
For over a decade SRB Technologies — a company through Pembroke’s sewage treatment plant into that makes glow in the dark signs — has been fouling the Ottawa River — diluting the pollution rather the air and groundwater of Pembroke, Ontario with than cleaning up their mess. The Concerned Citizens Self-powered, non-electric exit radioactive tritium. Local residents can no longer eat of Renfrew County and Ottawa Riverkeeper alerted signs glow by radioactivity. vegetables from their gardens due to dangerous levels media outlets and the public on the company’s At least 400,000 signs in U.S. of tritium, while groundwater at the site is contami- misguided plans. After a two-day hearing, the Ca- schools, hospitals, airplanes, malls and movie theaters nated far beyond Canadian drinking water guidelines. nadian Nuclear Safety Commission offi cially denied are lit by the slow decay of a The company planned to solve the problem by SRB Technologies license to process tritium at its radioactive isotope — tritium. diverting the toxic stack drippings and groundwater Pembroke facility.
20 Waterkeeper Magazine Spring 2007 www.waterkeeper.org BECAUSE TAKING CARE OF EACH OTHER AND THE ENVIRONMENT IS THE PATH TO A BETTER WORLD, THE RE:VOLVE APPAREL PROJECT PROUDLY SUPPORTS OUR PARTNERS AT WATERKEEPER ALLIANCE IN THEIR STAND AGAINST THOSE WHO THREATEN THE HEALTH OF OUR RIVERS, LAKES, AND COASTAL WATERS.
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RE:VOLVE donates a portion of its proceeds directly to the Waterkeeper Alliance. revolvebrand.com DETROIT ED
U.S. Power Company Accused Of Canadian Environmental Crimes Detroit Edison’s electric generating station consists of three Citizen files action coal-fired power units. One of these was fitted with mercury to reduce dangerous removal technology for a U.S. EPA sponsored pilot study. That technology cut mercury emissions from that unit by mercury emissions up to 93 percent. Yet the company and EPA claim that the from DTE Energy mercury reduction technology is not viable. SCOTT EDWARDS
SARNIA, ONTARIO On Wednesday, March 6, Edwards alleges DTE Energy’s mercury depos- a Canadian citizen fi led criminal charges against a its are illegal under Canada’s Fisheries Act and U.S. power company for polluting the St. Clair Riv- launched a private prosecution. Private prosecu- er with mercury. Scott Edwards is Legal Director of tions allow any Canadian citizen to independently Waterkeeper Alliance and an authority on mercury prosecute off ences in the Canadian criminal courts. pollution. Edwards’s complaint alleges that DTE If convicted, DTE could face fi nes of up to 1 mil- Energy Company’s coal-fi red power plant on the lion a day. Th e complaint alleges two years of viola- banks of the St. Clair River violates the Canadian tions, for potential fi nes up to 730 million. Fisheries Act. “DTE has acted with a blatant disregard for DTE Energy, the parent company of Detroit the health and welfare of Canadian citizens and They have Edison, operates the St. Clair/Belle River coal-fi red Canadian law,” states Edwards. “Th ey have cho- power plant complex in Michigan. On average, the sen pollution over people. For minimal cost, DTE chosen facility emits 2,000 pounds of mercury each year. can provide safe energy while slashing its harmful pollution A test of pollution control technology in 2004 re- mercury emissions. It is my hope this prosecu- duced mercury emissions at the St. Clair plant by tion will result in signifi cant reductions in DTE over people. 94 percent. Yet, at the conclusion of the 30-day Energy’s mercury emissions and a cleaner and test, DTE Energy disengaged the mercury control safer St. Clair River.” technology and went back to emitting the mercury Scott Edwards is aided in the action by two other into the air. members of Waterkeeper Alliance, Mark Mattson More than half of DTE Energy’s mercury emis- and Doug Chapman. Mattson is lead investigator sions land in Canada. When the mercury enters and the Lake Ontario Waterkeeper. Doug Chap- the St. Clair River, it spreads throughout the food man is lead counsel and the Fraser Riverkeeper. W chain, harmfully altering fi sh habitat and rendering fi sh unsafe for human consumption.
22 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
CYPRESS MULCH
Why kill a tree to grow a flower? SAY
NOto CYPRESS MULCH
By Marylee M. Orr our garden and the hurricane-threatened cypress mulch comes from illegal logging. Cy- Lower Mississippi Gulf Coast are closer then you may think. press trees take hundreds of years to mature and Riverkeeper YTh is spring many gardeners will buy cypress a considerable portion of these cypress forests mulch, not realizing that the cutting of cypress will never regenerate if cut. But state and federal forests for mulch is destroying vital wetlands that government offi cials turn a blind eye. Meanwhile, stabilize the coast against hurricanes, storm surges retailers use creative language to convince gar- and erosion. deners that their cypress is “sustainable.” But don’t Folks think that levees believe what’s written on the bag. are the Gulf Coast’s fi rst Th e really sad fact is that cypress mulch is not line of defense, but they as eff ective as other mulches. Th e heart- are not. We rely on our wood from mature, centuries-old, coastal cypress forests cypress trees is rot and ter- for hurricane protection. mite resistant. But the Cypress wetlands absorb mulch you buy in gar- water like a sponge, reduc- den retail stores comes ing storm surge and control- from trees that are far ling fl ood height and speed. too young to have these Cypress wetland forests save qualities. A University of Florida study con- lives and protect coastal communi- fi rmed that cypress mulch isn’t any better for your ties, as well as serve as critical habitat for migratory garden than pine bark or eucalyptus mulch – or Cartoonist David Norwood is birds and wildlife. even leaf litter. staff artist and illustrator for Most of the cypress mulch on the market to- Please don’t buy cypress mulch. Choose an al- the Baton Rouge Advocate. day is ground from whole trees, and much of the ternative and save our cypress forests. W
24 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Cows are beautiful creatures, not dairy machines. That’s why we let them graze freely in organic pastures on our family farms. We never give our cows antibiotics or synthetic hormones to make them produce more milk. In fact, we often exceed federal organic farming standards. By shipping milk from our cooperative farms to the nearest local markets, we’re helping to build local systems. So our milk not only tastes good, it’s good for you, good for cows, and good for the local economy, too.
© 2007 Organic Valley Family of Farms organicvalley.coop WATERKEEPERS AUSTRALIA Fighting for
Flow Yarra Riverkeeper Ian Penrose on patrol. YARRA RIVERKEEPER YARRA
By Stacey Bloomfield, n 1992, Jim Courier promised to jump in the representing the community and the river, by ac- Waterkeepers Australia Yarra River if he won the Australia Tennis tively lobbying to keep the study focused and unbi- IOpen. He did win and duly dived into the river’s ased. Th e study concluded that the pattern of fl ows murky waters. He survived to tell the tale, but will have attenuated, averaging half the natural level, the Yarra survive? and need to be restored. Th e study’s recommenda- Th e Yarra River fl ows through the heart of tion? Water should be temporarily stored and later Melbourne – Australia’s second largest city. It is released to stabilize the fl ow pattern. Consequent- the main source of water for the city’s three mil- ly, the government announced that they would get lion inhabitants and is the centrepiece of its largest legal environmental entitlement to a small amount wildlife area. Despite its iconic status, historically of water to regulate fl ows. Melburnians have turned their backs on their river But the government took advantage of this policy. and joked about its dirty brown water. Over the course of the year, the government took With support from Waterkeepers Australia, more water from the river to supply water to the city. a group of concerned citizens formed the Yarra Yarra Riverkeeper was highly critical of the govern- Riverkeeper Association in 2004 to give the Yarra ment’s behavior in the media and continues to press a voice in the community and with the authorities. for the river’s needs, not just for a better fl ow pattern, The key Volunteers do much of Yarra Riverkeeper’s activi- but also against an increase in extractions. challenge ties, but in early 2006 the group purchased a small Th e key challenge remains pressure on govern- powerboat and appointed Ian Penrose as the offi - ment to supply water to a city whose population is remains cial Riverkeeper. growing rapidly. Today, Melbourne is in the grip of pressure on Ask Melburnians what the problem with the its worst drought on record and faces tight restric- Yarra is and the most common reply will be pol- tions on water use. In late January, the government government to lution. Yet, the loss of river fl ows due to excessive made an appalling decision. Th ey decided to defer supply water water extraction is a more worrisome, albeit under- provision of the Yarra’s overdue environmental appreciated, issue. Th e river is now half its natural fl ows until the drought is over. At the same time, to a city whose size and, as rainfall in this dry part of the world it would implement measures to take more water population declines further under climate change and the city from the river. Sacrifi cing the health of a river that keeps expanding, the situation for the Yarra will supports so many is no way to manage a drought. is growing only worsen. Th e government must fi nd a long-term, sustainable rapidly. Two years ago, the government of Victoria water strategy to keep the Yarra alive — there is no — the state that sets the policy for allocating water other choice. Mark Twain once said, “Whisky is for resources — commissioned a scientifi c study to ex- drinking, water is for fi ghting over.” Th e fi ght for amine the fl ows needed to keep the Yarra healthy. the Yarra River continues in earnest, and the Yarra During this time, Riverkeeper took a lead role in Riverkeeper is at the vanguard. W
26 Waterkeeper Magazine Spring 2007 www.waterkeeper.org A MARKETING PARTNERSHIP FOR THE ENVIRONMENT
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Conversation with fisherman-philosopher imbo Meador ’ve always been a hunter-gatherer by nature. My ging – a fl ounder gig. Flounders lay on the bottom, family spent summers in Point Clear, Alabama, they’re fl at fi sh. We always tried to gig ours in the Ion the eastern side of Mobile Bay, and from the head ‘cause old Mr. Stern at the fi sh market was time I was about eight a guy named Duke Cox came more likely to buy them if the body meat wasn’t The Inspiration, most mornings to get me before dawn. Back in our messed up. Not Model, for summerhouse, I used to sleep on a screen porch, Living here on the bay we always caught shrimp and Duke, who always knew I wanted to go fi shing, for the table and I still do. I catch white shrimp in Forrest Gump would come by and scratch on the screen before day- my cast net right in front of the house. I’ve always light. We would go off for the day in our old wood- been interested in shrimping because you catch a en, cross-plank cypress skiff , rowing. We fi shed for lot of unusual stuff . As soon as I got an outboard speckled trout, threw cast nets for mullet and gigged motor for my boat I started shrimping even more. fl ounders at night. Duke made me my fi rst cast net Later, when I realized that I caught more shrimp and taught me how to throw it, and I spent a lot of than I needed for the table and I could sell them time with him; he was a mentor to me. at the local fi sh market, I became a commercial Duke and I used to sell speckled trout and fl oun- shrimper. Everyone up and down the bay wanted der to the fi sh market and when we had a jubilee, shrimp to put in the freezer, so it was a good way of it was like a gold mine. A jubilee is a phenomenon making money. that happens on the Eastern Shore of Mobile Bay When the sports fi shermen began to clash with and I’m not really sure if it happens anywhere else. the commercial fi shermen I was on both sides of Low dissolved oxygen in the water causes it, but the fence. In my opinion it’s a shame that they the conditions have to be just right. You need an spent all that money and time fi ghting each other. I east wind and an incoming tide. I used to keep a always thought it would be better to put that eff ort logbook, and if the conditions seemed right I’d stay into protecting the nursery areas. While everybody out all night looking for the jubilee. was pointing fi ngers at each other, they were miss- When water on the bottom doesn’t have enough ing the bigger problems – growth and development oxygen all bottom dwelling fi sh and marine life rise and pollution. up to the surface where there is a layer of water con- When I got out of the seafood business I started taining more oxygen. Flounder live on the bottom guiding fl y-fi shermen, practicing catch-and-release don’t have swim bladders to elevate themselves in and using barb-less hooks. I grew up fl y-fi shing for the water very easily. So they follow the bottom all bass and bluegill in the lakes and rivers, and as a the way up to the shore where the layer of oxygen- kid we’d go off shore for dolphin. Guiding fl y-fi sh- ated surface water meets the beach. Soon there’s ers was another way of making a living and doing big congregation in the shallow water along the it on the water. I was really just catching them for beach of fl ounder, crabs, shrimp, eels and catfi sh. the fun of catching them and then I would release In the old days it was a big day when there was a ju- them. Th is was my way of conserving, living in har- bilee. Everyone started hollering ‘jubilee’ and you’d mony with nature. see people out there in their pajamas, underwear On the shrimp boats, I always saw that when and everything, women with rollers in their hair you pushed bycatch overboard there was a big con- gigging fl ounders and scooping crabs and shrimp. gregation of fi sh around to eat it. So I started taking Eels were pretty much let alone. fl y-fi shermen out there and I’d tie fl ies that looked Gigging is another thing. You have a wood pole like bycatch. I could just about guarantee that I with a spear on the end and that’s what we call gig- could take somebody out there and catch all diff er-
28 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Author Jimbo Meador with an Atlantic salmon caught fly-fishing in Nova Scotia. The fish and fisherman were photographed by Tom MacDonald and released. ent varieties of fi sh. So I was still taking advantage being on the show but there of the shrimping fl eet. I guess I was a pioneer in I drew the line. I kept telling that fi eld in the gulf. everybody the story is fi ction. Bycatch became a big issue in late 1980s. A After all that quieted down shrimp boat catches a lot of fi sh, crabs and eels a little, the lady who was the that you can’t sell, so they throw it overboard. Th e dialect specialist called me bycatch on a shrimp boat is visible. You can look and I said to her: “I’ve been at that and see what’s happening. But it’s hard for asked a million times, did people critical of shrimping to appreciate what’s Tom Hanks actually study the happening in our estuaries—mostly invisible to the tape I made?” She said, “Yes, naked eye – where microscopic eggs and juvenile he did use it.” And I said, “Well he talked like an A mix of sea creatures fi sh are being killed because of pollution and de- idiot.” And she said, “Th at came from the kid actor congregate on the shore velopment. Th e anti-shrimp people seem mostly who played him as a child. Th ey decided to use that during a Mobile Bay jubilee. concerned about a shrimper who’s made his living dialect throughout the movie, but Tom found your that way all his life, the way his family did for gen- accent very interesting.” Th at’s how she put it. erations. So who’s right and who’s wrong? Th ere are things I liked about Forrest. He was a Having a background in shrimping sometimes good person, kind of naïve, but a good person who brings on added responsibilities. Winston Groom went with the fl ow. Today, everyone is more con- was kind enough to dedicate his book Forrest cerned about the dollar than doing the right thing. Gump to me and George Radcliff , another friend Th ey don’t think about everyone that’s living, ev- of ours. When they were getting ready to make the erything that’s existing. People want to live on the “…did Tom movie, a dialect specialist from Paramount called water, but in the process of developing all this wa- me to tape a conversation because, she said, Tom terfront property we are destroying nursery areas Hanks actually Hanks wanted a Southern accent to listen to. We where fi sh and marine life have to grow up and live study the tape did that, and then the movie came out, and it was until they get into deep water. a big hit. All of a sudden the media started send- Because of the population explosion on the I made?” ing people down to interview Winston. Th en they coasts, our environment has become far more She said, “Yes, started asking about me because of the dedication, sensitive than it was when I was a kid. I got con- and found out that I used to shrimp and used to be cerned about the changes in the fi sheries and our he did use it.” an obsessive runner. estuaries because I could see it changing for the And I said, Suddenly, a lot of the media wanted to make worst before my eyes while I was growing up. So me out to be the real Forrest Gump. Problem was, I got on the board of directors of the Mobile Bay- “Well he Forrest was an idiot. It was an honor that Winston keeper. I’m now an honorary board member and talked like had dedicated the book to me, but I didn’t know if always trying to do my part to support our Bay- I wanted to go along with the part about being an keeper, Casi Callaway. an idiot.” idiot. Winston was encouraging me to talk to these Sometimes I wish I could go back to the old people, but it really got out of hand. People maga- times. It seemed like we had more of a sense of zine came down here and a television program community then. But there are some people doing called A Current Aff air. Th e London Times sent things now that are helping the fi sh and the bay. I a reporter, diff erent magazines and newspapers, always thought people should enjoy life but not do even a radio station in Australia. Finally, the peo- anything that is going to hurt anyone or anything. ple at David Letterman called to talk to me about Th at’s just the philosophy I try to live by. W
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 29 know your
Yourights have the right to plentiful and edible fi sh. You are the owner of your stream and river, lake, bay and coast. You have the right to use them as long as you don’t interfere with the use of them by anyone else — and as long as they are free from pollution and destruction by our hands, there’s plenty for all.
medieval code fishable & swimmable In the sixth century the Roman Emper- U.S. Congress passed the Clean Water Act in 1972. or Justinian ordered the codifi cation of Th e goals of the law are broad and ambitious: fi sh- imperial legal doctrine as the Corpus able and swimmable waterways and zero discharge Iurus Civilis [Body of Civil Law]. Th e of pollution into our rivers, lakes and coastal waters Justinian Code spread throughout the by 1985. We’ve missed the deadline. But the goals Roman Empire and forms the basis for and the law remain in eff ect. English, and now U.S., Common Law. Th e right to clean water is almost universally Justinian Code spells out the Public recognized worldwide. Th e United Nations Char- Trust Doctrine, which says that the ter and the legally binding 1966 International Cov- public — no individual, no govern- enant on Economic, Social and Cultural Rights im- ment, no corporation and no polluter plicitly and explicitly recognize the human right to — owns our waterways. clean water. codex justinianus (528) book ii. OF THINGS. i. divisions of things. In the preceding book we have tr eated of the law of pers things, which eit ons. Let us now speak of her are in our patrimony, or not in our by the law of nature are c patrimony. For some thing ommon to all; some are public; s s bodies, and some belo ome belong to corporate ng to no one. Most things are the property of indiv acquire them in diff iduals who erent ways, as will appear hereafter. 1. By the law of nature t hese things are common to mank the sea, and consequently the s ind — the air, running water, hores of the sea. No one, ther approach the seashore, prov efore, is forbidden to ided that he respects buildings whic habitationes, monuments, and h are not, like the sea, subject only to the l aw of nations. 2. All rivers and por ts are public; hence the r ight of fi shing in a port, or in rivers, is common to all men.
3. Th e seashore e xtends as far as the g reatest winter fl ood runs up.
WATER POLLUTION PREVENTIONCT (1972) AND CONTROL.C. 1251 et s Aeq.) (33 U.S ervice he Public Health S ol activities in t poses. ontr , and for other pur ovide for water pollution c ks Agency AN ACT To pr he Federal Wor ederal Security Agency and in t of the F sentatives of the nd House of Repre d by the Senate a ssembled, Be it enacte merica in Congress a United States of A ted programs title i—research and rela cal, DECLARATION OF GOALS AND POLICYhemical, physi tain the c s hereby s Act is to restore and main ctive it i Th e objective of thi In order to achieve this obje sec. 101. (a) tion’s waters. his Act— egrity of the Na ovisions of t and biological int sistent with the pr declared that, con ants into the charge of pollut al that the dis 5; (1) it is the national go liminated by 198 navigable waters be e im goal of water quality n inter fe and ver attainable, a sh, and wildli tional goal that where sh, shellfi (2) it is the na opagation of fi 983; he protection and pr hieved by July 1, 1 ovides for t n the water be ac which pr ion in and o d provides for recreat s be prohibite ants in toxic amount of toxic pollut t the discharge tional policy tha (3) it is the na KNOW YOUR RIGHTS
Fish Kills, Fishermen and Pfiesteria on North Carolina’s Neuse River
By Rick Dove »FROM THE time I was nine years old the only thing and nothing previously known could explain what I ever really wanted to do was to work on the wa- was happening. Before it was over, the river and its ter, fl y a seaplane, be a tugboat captain, fi sherman, beaches would be covered with dead and dying fi sh whatever. But my folks talked me out of that; “you of all types, but the Menhaden were hit the hard- gotta feed your family, get an education.” One thing est. Th e stench from these rotting fi sh fi lled the hot led to another and I went to law school and then summer air with a putrid smell so foul that only the volunteered for military service to avoid the draft. bravest ventured outside. On the north shore of the I liked it so much I stayed for 25 years. But through river a bulldozer worked late into the night burying it all, even in Vietnam when the rockets where as many of the now bony creatures as possible. raining in, I never turned loose of that childhood State offi cials came down to look at the state of dream to work on the water. the river. I’ll never forget it. Th ey stood there in si- So when I retired from the Marine Corps in 1987, lence shaking their heads. Th ey didn’t have a clue that’s exactly what I did. I took off my uniform, put what was going on. And it wasn’t just the fi sh. I on a bunch of old cloths, bought 800 crab pots and had sores on my body, the same as the fi sh and my fi shing nets, got in my boat and launched my career son was sick too. I was suff ering memory loss and as a commercial fi sherman on the Neuse River. I didn’t know why. I turned myself into the hospi- Prior to 1989, the Neuse was a fi sherman’s para- tal thinking I had a brain tumor because I couldn’t dise. Th e fi sh were healthy and the waters were remember things anymore. It was really bad. Other clean. I remember a lot of people saying to me, fi shermen were complaining about similar prob- “Why in the world with a law degree would you lems but no one was linking it to the water. become a fi sherman?” I would always say, “It’s like Th en a University of North Carolina scientist, hunting treasure and it’s in my blood.” But my par- Dr. JoAnn Burkholder, fi gured out that nutrient ents were right; you still need to be able to feed your pollution was causing the spread of a one-cell ani- family. Th at’s where the rub comes in. I can remem- mal — a creature so tiny you can put 100,000 of ber when the Neuse River started to turn ugly, just them on the head of a pin. Th is creature was pro- before the big kill in 1991. Many fi shermen could ducing a neurotoxin in the water that was also get- already see that the fi sh were in trouble and that our ting into the air. In the water the toxin paralyzes river was quickly becoming a “paradise lost.” fi sh so that the creature can get to blood cells and Future waterman, Riverkeeper suck out the contents. Pfi esteria is, simply, a micro- and author Rick Dove with Paradise Lost scopic killer vampire. When the news hit, people his Aunt Margorie Black in In 1991, the Neuse River suff ered one the largest got frightened. Bear Creek, MD, 1946. fi sh kills of any river in America. In a matter of Th e state shut down the river. Th e fi sh mar- days during September 1991, we lost over one bil- ket crashed. Th e news of Pfi esteria and what it lion fi sh. Th e fi shermen looked at what was hap- does to people — the memory loss and respira- pening in disbelief — millions upon millions of fi sh tory problems — spread. Th e tourism industry covered in open, bleeding sores. Some had holes stalled and real estate values dropped. Proper- completely through their bodies. No one had a ties along the river couldn’t even be sold. Th e clue as to the cause. Oxygen levels were normal pain and suff ering that reverberated through the
32 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Massive fish kills stem directly from nutrient pollution. The scale of the Neuse River fish kills in 1991 and 1995 is almost unimaginable: hundreds of millions of fish, and the entire population of commercially important Menhaden, killed in a matter of days. RICK DOVE KNOW YOUR RIGHTS
community was unbelievable. It was for September 4, 1995. I truly believe that the river one of the most terrible events I’ve made that hurricane happen. Because the very day ever witnessed in my life. of the rescheduled meeting was the day the night- By that time I had become the Neuse mare of 1991 was repeated. Riverkeeper — I started in 1993. And if Fish kills on the Neuse had been building in inten- there’s anything that was satisfying to sity since early August. Once again, on September 4, me at the time it was that I would have 1995, fi shermen watched as dead and dying fi sh cov- my chance to get even. We knew where ered the shores of the Neuse — 200 million dead was the problems were coming from. We one estimate. In 1991 every Menhaden in the river had the ability to fi x them. had died, and a total of a billion fi sh were killed. Th is 1995 fi sh kill wouldn’t be as big — but only because In 1993 Rick Dove launched Listening to the River now the fi shery had not yet recovered from 1991. the Neuse Riverkeeper. Another thing happened that is critical to this story. Would things be diff erent this time? Th is time the Th ere was a public meeting scheduled for July 1995 Neuse had someone to champion her cause, a River- to address water quality problems in the Neuse keeper and a corps of more than 200 active volun- River, not related to fi sh kills but to algae. Th ere teers patrolling and advocating for the river. Th is was so much vegetation growing in the river in the time things would be diff erent — and they were. summer of 1995 that people couldn’t get up some On the evening of September 4, 1995, the Town of the major tributaries to the Neuse in their boats. Hall meeting room in New Bern was fi lled with It would clog their propellers and their engines about 1,000 people. At no time in the history of would burn out. Th ey complained so much that North Carolina had that many people attended this the Mayor of New Bern and state offi cials set up type of meeting. When Jonathan Howes, Secretary a public meeting to discuss the problem. But they for Health and Environment, and his staff walked had to postpone the meeting because Hurricane in, you could see the concern on their faces. People Felix came through. Th ey rescheduled the meeting were unruly, they were angry and this time it wasn’t
Pfiesteria, the ‘cell from hell,’ emits neurotoxin that paralyzes and kills fish. Fishermen and others experienced respiratory and memory problems, and sores identical to those on the fish. Yet in North Carolina state health officials mounted a long- term campaign to discredit the possibility that Pfiesteria was in any way implicated with human health complaints. RICK DOVE Solving the DISCOVERY 1988 Pfiesteria first identified as an accidental contaminant in fish cultures. Pfiesteria Puzzle 1991 Dr. JoAnn Burkholder and colleagues at IN THE 1840s, Ignaz Semmelweis showed that when doctors washed their hands University of North Carolina link Pfiesteria to
» timeline before surgery, patient survival increased. He was ostracized from the scientific massive fish kill in North Carolina. community and died after suffering a nervous breakdown. In the 1950s Alice Stewart uncovered that small amounts of radiation can damage human fetal development. RESEARCH She lost her job and struggled for years until she was finally vindicated. In 1974 1992-1993 In field and laboratory research, Sherwood Rowland and Mario Molina showed that chemical industry-produced Pfiesteria grew best with nutrients from crop chlorofluorocarbons were creating dangerous ozone holes. The DuPont Company and Pfiesteria and lawn fertilizers, human and animal wastes, affiliated scientists attacked their data for nearly 20 years. In 1995, Rowland and Molina and other pollution sources. Workers suffered received a Nobel Prize honoring their research. central nervous system damage from contact Considered in this light, perhaps it’s not surprising that the Pfiesteria story became with fish-killing cultures. Officials shut down so ugly and personal. Or surprising that ultimately, in January 2007, the crucial piece of the laboratory for more than a year. Further evidence was finally confirmed and good science prevailed. work was moved to biohazard level III facilities. Dr. JoAnn M. Burkholder is an Associate Professor of Aquatic Botany and Marine Sciences at North Carolina State University. From the time Pfiesteria was first CREATING CONTROVERSY discovered in 1988, she was the only scientist providing answers and solutions that 1993-1997 Research linking Pfiesteria to fish made sense. “It’s nutrient pollution,” she said. “The river is out of balance, polluted kills, nutrient pollution and human illness was with fertilizer coming from agriculture and wastewater treatment plants. And it is fought by NC health officials, various industry Pfiesteria killing the fish and poisoning the fishermen.” officials and affiliated scientists. State agencies The state of North Carolina, however, decided that what was killing tourism, the directed funds to scientists to disprove the fisheries market and development was not pollution — it was what Dr. Burkholder was research. saying about Pfiesteria. They knew her science was right. But they 1998-2001 Three scientific panels separately didn’t want her saying it in public. organized by Maryland, North Carolina and the The lion’s share of federal research funding went U.S. Centers for Disease Control re-evaluated to scientists who proclaimed that a fungus caused Don’t Shoot and supported findings on the biology and the fish kills and that Pfiesteria was nontoxic. The the Messenger toxicity of Pfiesteria. U.S. Congress directed state and their scientists undertook a vicious public — Dr. JoAnn at least $80 million for Pfiesteria research and Burkholder campaign to discredit Dr. Burkholder. They claimed management. Most of the research funds went that she had refused to give them toxic cultures and to scientists who had not studied Pfiesteria, but had blocked their research. Some accused her of fraud. questioned its ability to make toxin and cause Their attacks were covered in The New York Times, Science fish kills or human illness. and other national and local media. Most of the press ignored documentation that Dr. 2002-2006 The detractor scientists published Burkholder had provided cultures to these scientists, and that others had not asked three science papers and press releases for cultures until after their papers were published. The independent research by other announcing that toxic Pfiesteria doesn’t exist. laboratories that confirmed her studies was downplayed or ignored. Meanwhile, NOAA scientist Peter Moeller and Leading detractors at the National Oceanic and Atmospheric Administration colleagues in Charleston, SC identify a new (NOAA) research laboratory in Beaufort, NC and other ‘anti-Pfiesteria’ scientists group of potent Pfiesteria toxins. Another year received millions of dollars. These scientists had never worked with the complex went by, with more damaging public attacks microbe and contributed literally nothing to advance the science. Meanwhile, another by the NOAA-Beaufort scientists, while the federal scientist continued research on Pfiesteria with minimal funding — Peter Moeller toxin manuscript was subjected to 18 separate of the NOAA Center for Coastal Environmental Health and Biomolecular Research in internal reviews rather than the single internal South Carolina. After eight years, he unraveled the complex process that produces the review that is typically required. potent Pfiesteria toxins. Dr. Burkholder’s findings and conclusions were validated yet again. After nearly 15 years of vicious personal and professional attacks, Dr. Burkholder RESOLUTION has been getting public apologies from newspapers and scientists who realize the January 2007 The NOAA-Charleston scientists importance of her research and her heroism in standing for good science. publish their paper on Pfiesteria toxins, Neuse Riverkeeper, Neuse River Foundation, the people of New Bern and unequivocally validating Dr. Burkholder and Waterkeeper Alliance stood with Dr. Burkholder through it all. We could see that what colleagues’ research and findings. In January, was happening in the water was the very same thing that she was finding in her lab. the major newspapers in North Carolina Her story was detailed in And the Waters Turned to Blood, an amazing book by Rodney each carry stories validating her research and Barker (Simon and Schuster 1996). vindicating her personally — most of these In the end, the scientific detractors wasted millions of tax dollars. They damaged papers, up to that point, had been selectively the laboratory and reputation of a good scientist. Most importantly, they squandered reporting only the work of her critics. years and millions of dollars that should have been spent understanding this toxin and how to help its human and piscine victims.
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 35 KNOW YOUR RIGHTS SUN JOURNAL
Rick Dove breaking the bad news to North Carolina Governor Jim Hunt in New Bern, 1995.
Posted on highway 70 near New Bern, 1995. RICK DOVE
Mats of algae clog the Trent River, a tributary of the Neuse. RICK DOVE just the fi shermen. It was the business owners, tour- But state offi cials still did not take full responsi- ism offi cials, local elected offi cials and others from bility for protecting the public and addressing the nearly every walk of life. Th ey wanted answers. problem. As state marine patrols were out there Secretary Howes and his staff were on the stage chasing people off the river, politicians were hold- along with a few other scientists. Most of them ing fi sh cookouts on the shore in New Bern to try didn’t have a clue as to what was happening in the and convince people the fi sh were safe to eat. river. As the Neuse Riverkeeper, I was able to re- All of us at the Neuse River Foundation were out lay to our visitors how the river was suff ering. Ev- there, putting our health on the line, and we made eryone else there already knew. Th e only one who a promise that those poor fi sh were going to count provided any real answers was Dr. Burkholder, for something. We didn’t hold back. Our commu- who again confi rmed that the fi sh kill was caused nity was in danger. Fishermen were getting hurt. by Pfi esteria. After the presentations the panel en- Th at was very painful for me because I am still one tertained questions from the audience. Th e line of people was very long. Everyone had questions and no one wanted to leave before they got some an- swers. It was getting late and there was no way all the questions were going to be answered. People began to raise their fi sts; they began to shout—and the language wasn’t pretty. It was all that Mayor Tom Bayliss of New Bern could do to maintain order in the auditorium. I don’t think anybody but Mayor Bayliss could have pulled that off . Secretary Howes and his staff just made excus- es. Th ey denied any connection between what was going on with the river and health problems. For- tunately for us, Secretary Howes had agreed to go for a boat ride the next day. I remember the next morning just as plain as day. On the way down to the dock Secretary Howes leaned over to me and said, “Rick, what’s that smell?” I answered, “You’re gonna see for yourself.” It was rainy and misty; you could hardly see.
Th e skipper navigated the Riverkeeper boat to RICK DOVE the middle of the river by compass and depth fi nder. Th e secretary stepped over to the rail The crab fishery is still active and looked down at the water. Th e fi sh were all When Fish Die on the Neuse: fisherman around the boat doing death spirals — spinning David Conner with crab pot Advocates face a dilemma when fish die. The initial in 2002. out of control in the water as the neurotoxin took response of any advocate is to go public, raise hell eff ect. Chunks of their bodies were missing, a and make every dead fish count in the fight for hopelessly sad scene. No one said a word. It was restoration. To be sure, protecting public health the river’s turn to speak. Secretary Howes sat si- demands such action. But there are consequences. lently for about ten minutes, then said, “Take me As bad news and river closings shut down their to shore, I’ve seen enough.” When we got back markets, fishermen are victimized along with the fish. he went directly into the Neuse River Foundation Property values decline and tourist dollars dry up. offi ce and called the governor. He said he told the The better approach is to get in front of the governor that the Neuse River was broken and problem — prevent fish kills from happening in needed to be fi xed. the first place. To be sure, this is far more difficult. The solution is to get state and federal officials The Long Walk to act before crisis hits. The solution is making Th e governor shut down a major section of the riv- sure that advocacy is unwavering and effective so er. Th e fi sh markets crashed. Th e news of Pfi esteria no one forgets the risks that pollution presents and what it does to people — the memory loss and to the waterway and surrounding communities. respiratory problems — spread like a potent virus. The solution is ensuring that no one believes that Th e tourism industry stalled and real estate values polluted water, sick fishermen, wrecked businesses went belly-up. Th e pain and suff ering that rever- or dying fish are acceptable. Solving the problem is berated through the community was unbelievable. what Waterkeepers on the Neuse, Chesapeake Bay It was one of the most terrible events I’ve ever wit- and around the world do on a daily basis. nessed in my life.
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 37 KNOW YOUR RIGHTS
“This is a of them. For these fi shermen there would be no er Banks where the Neuse waters empty into the treasure hunt — there would be no paycheck. ocean so the river could fl ush itself. tough fight Later, Governor Hunt came to New Bern. I was Ultimately the federal government stepped in that we are there as Riverkeeper along with the President of the with about 200 million to help the river. Th e state in, but failure Neuse River Foundation and a few others to meet came up with a bunch of programs aimed at re- with him. He wanted to talk privately with us but ducing nutrient pollution. Eleven wastewater dis- is not an there were so many people around that we had to charge pipes were pulled out of the river. A lot of option. I will ask him to walk out on the dock. Th ere were things things did happen between 1995 and 2000 to fi x the we wanted to say and we wanted it to be private. river. Fish kills did decline. Th e Neuse River Foun- keep pushing, We told the media to stay back and walked out dation and the Neuse Riverkeeper made good on keep fighting onto the pier. To this day the event is remembered our promise to those fi sh — we made those deaths as “the long walk on the short dock.” count for something. and keep Th e real problem now is that time has passed raising hell Government InAction and apathy has set in. As soon as the headlines died We told him, “Governor, this is your fault. You’re down and the tourism industry stopped scream- for as long as responsible for this and so are the members of ing, things started to go back to the way they were. it takes. This the General Assembly. Now you have this hor- Many of the programs that the state implemented rifi c problem on your hands. Th e river’s dying ten years ago are no longer being enforced. Th e is who I am, and you let it happen. No more excuses. It has Neuse is endangered once again. not what I to be fi xed!” Now when fi sh die in the Neuse River the state do. Being At that point the politicians took over. At fi rst, sends out their Rapid Response Team — locals re- instead of talking about reducing pollution, all they fer to them as the ‘Rabid Response Team.’ When Riverkeeper talked about were quick solutions. Members of the they go out to investigate fi sh kills they come in is the most General Assembly came in and formed a Fish Kill and report that the fi sh were hit by lightning. Th ey Committee, referred to by some as the “‘Kill More actually say that. I don’t know how lightning puts important Fish Committee.” Th ey were talking about doing sores on fi sh. Th ey say the sores on the fi sh are thing I have really stupid things like blowing holes in the Out- from rough water that raked the fi sh against the done in my life, and I Pocomoke Stocks Close Down Fish kills and Pfiesteria are a In early August 1997, watermen and rashes, nausea, burning eyes, understand reoccurring national problem. The on the Pocomoke River began to headaches, respiratory problems and accept the Chesapeake Bay and Pocomoke observe fish swimming erratically, and memory loss. Researchers responsibility River are home to one of the their bodies covered with bleeding confirmed the cause of the fish kill nation’s most productive fisheries: sores. Between August 4 and 9 and health problems as Pfiesteria. of the fat, salty, succulent oysters, blue between 10,000 and 30,000 fish The governor closed the job. Others crabs and species of fish too perished. Maryland Governor Pocomoke and the already numerous to mention. It’s a Glendening immediately ordered a embattled bay fisheries crashed. depend centuries-old tradition and a vital team of health experts to the river. Restaurants and seafood houses upon that economic engine, generating about Fishermen, residents and even the were stuck with a product that $750 million each year. researchers suffered skin lesions wouldn’t sell. Many dealers and dedication, restaurants, unbelievably, had and I WILL signs in their windows proclaiming their seafood was safe to eat — it NOT let them was from North Carolina. or the Neuse Today, the Chesapeake Bay and Pocomoke River are still plagued down.” by nutrient pollution, most of Lower Neuse Riverkeeper which comes from industrial Larry Baldwin patrols the poultry producers. Waterkeeper Neuse from Goldsboro to the mouth where the river enters Alliance and our 15 Waterkeepers the Pamlico Sound. in the Chesapeake Bay watershed are taking on industrial meat factories and any other polluter that stands in the way of a health bay. Chesapeake Bay Blue Crabs at market INGRID OLIPHANT/ISTOCK
38 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Hog Factories Spray “The pollution Before the Rain threats we March 1, 2007: An industrial hog facility face in the discharges waste under gathering rain clouds — note where spray crosses over Neuse River a ditched area. Hog producers spray are in many manure on fields in amounts that far exceed the capacity of the land to absorb ways common the nutrients. Manure then washes off to waters all the fields during storms. Ditches in most sprayfields are directly connected across the to streams and, ultimately, the river. planet. As Hog sheds and waste lagoon are visible in the background. Riverkeeper, GPS coordinates: N34 55 658 W077 657 you quickly
LOWER NEUSE RIVERKEEPER realize that our sediments on the bottom. Some of public water the most ridiculous things you’ve resources are ever heard in your life are the ex- cuses that the state is now giving mismanaged for fi sh that die on the Neuse. It’s and exploited all about covering it up, keeping the public satisfi ed that the river for the is all right. It’s a policy of deceit. benefit of a Th e same policy that led to the major fi sh kills in the fi rst place. few special We have come full circle. interests. Th e state has not followed through on the nutrient reduction Riverkeepers programs because of all the pres- all share an
sure from some of the very same RICK DOVE people who were complaining obligation back in 1995, the tourism and development guys. But the Neuse’s restoration is far from complete. to ensure All the people who suff ered the economic pain and Today, the Neuse is faced with numerous challeng- that future helped us get the state to set up pollution control es both old and new. Untreated fecal waste from programs now want to put pollution pipes dis- the basin’s swine produce the equivalent waste of generations charging partially treated sewage back into the riv- 20 million people, routinely discharged untreated have clean er. Th ey want more sewer capacity and the easiest to the river. Developers are demanding construc- way to get it is to put the pipes back into the river. tion of new wastewater treatment plants that will water. We But we will not allow greed and short memories dump more nutrients into the river and regula- are the voice to prevail. tions to enforce existing environmental laws go unenforced. at the table Fishable Future But the Neuse is in the hands of two Riverkeep- for those Th rough advocacy and leadership we’ve made a ers fully equipped to handle the job. Together, these lot of progress restoring the Neuse. We’ve used two river advocates bring more than 600 pounds of that cannot litigation to upgrade failing wastewater treat- muscle, 13 feet of height and the kind of grit that speak for ment plants; we’ve removed 11 major wastewater would put the likes of John Wayne in awe. dischargers and forced the state to set enforce- Today’s Neuse Riverkeepers, Larry and Dean, themselves.” able limits for nutrient pollution. Today, there are work on the water in classic bulldog Riverkeeper Upper Neuse Riverkeeper Dean Naujoks works to protect new buff er rules and sedimentation regulations style. Th ey have taken over the decades-old battle the upper reaches of the Neuse set up to protect the river. We have also brought to keep the Neuse open and safe for fi shing. She’s in River and Falls Lake. the construction of new industrial hog factories to good hands — of that I am certain. W a screeching halt — proving that animal factories can’t compete with family farms unless they are al- lowed to break the law.
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 39 KNOW YOUR RIGHTS
Blue Pastures in Public Trust The Bush administration has made bringing industrial aquaculture to the ocean a national priority.
By Mark Dowie
»THE UNITED STATES currently imports threadfi n and cobia will be raised in the bill is NOAA’s top legislative priority for about 75 percent of the seafood Ameri- cages, like cattle in feedlots, fed ground the current Congressional session. It’s the cans eat, adding 7 billion to our trade fi shmeal robotically from rafts on the number fi ve issue at DoC. defi cit last year. Th is is something the surface. When the fi sh are grown and A battle is brewing between critics Bush administration would very much ready for market their cages will be raised of the NOAA plan, who call it “Ocean like to change, and it is the president’s to the surface for harvest. Ranching” and its supporters who have stated goal to reduce the nation’s sea- Th e administration calls this plan dubbed it “Th e Blue Pastures Initiative.” food trade defi cit to zero by 2025. Given Open Ocean Aquaculture and the Na- Environmentalists argue that ocean the country’s growing population and its tional Oceanic and Atmospheric Admin- aquaculture is already creating serious reliance on stock from the severely over- istration (NOAA), a branch of the De- ecological challenges with escaped fi sh fi shed waters off America’s coasts, this is partment of Commerce (DoC), last year (some of them transgenic), parasite and no small challenge. drafted a bill that would create a legal disease transfer from farmed to wild One administration solution is to lease framework for the venture. Th e National stock, massive sewage discharge and vast regions of the Exclusive Economic Off shore Aquaculture Act (S.1195), intro- other unsustainable usage of marine re- Zone (EEZ) — waters between three duced by Senators Ted Stevens (R-AK) sources. Relocating the farms to the open and 200 miles off shore — to industrial and Daniel Inoyue (D-HI) as a courtesy ocean will also remove them from state fi sh farmers. As they do elsewhere in the to the administration, cleared the White control and limit public scrutiny. world, these high-tech aquaculturalists House Offi ce of Management and Budget At hearings held before the Senate would suspend huge cages into the cool, (OMB) and died in committee. NOAA has Committee on Commerce, Science and calm water beneath the waves and sur- revised the bill and sent it back to OMB. Transportation, serious environmental face currents, known to oceanographers In the meantime President Bush has kept questions were raised about open ocean as the pelagic zone. Salmon, cod, am- the initiative alive with a 3 million pro- aquaculture. Escaped fi sh are particularly berjack, fl ounder, halibut, red snapper, motional appropriation to NOAA. Th e problematic as they are capable of inter-
40 Waterkeeper Magazine Spring 2007 www.waterkeeper.org If a bill ever passes Congress, whatever too were bound by a common law that NOAA comes up with will certainly be granted state governments sovereign tested in federal court. Th ere jurists will rights to common land and sovereign re- grapple with property and stewardship sponsibility for its care. Th e idea of the questions in the legally uncharted pelagic. public trust was synonymous with Amer- According to Alison Rieser, a marine law- ica’s promise of freedom. Several states yer at the University of Maine, “Th ere is eventually wrote some form of the ancient no clear legal basis for granting property code directly into their constitutions. For rights that are needed to protect the large example, Article 1, Section 27 of the Penn- investments necessary to build and oper- sylvania State Constitution says: ate off shore aquaculture facilities in the open ocean.” Th e people have a right to clear air, pure water and to the pres- A Venerable Doctrine ervation of the natural, scenic, At the heart of this issue lies the ques- historic, aesthetic values of the tion of whether or not the oldest surviv- environment. Pennsylvania’s ing common law in history, the Public public natural resources are Trust Doctrine, applies to this issue. Can the common property of all the a doctrine that for 15 centuries defended people, including generations the shorelines of Europe and then North yet to come. As trustees of America as “common to all mankind” these resources, the Com- be invoked by defenders of the ocean? monwealth shall conserve and American coastal waters have always maintain them for the benefi t been regarded as an element of the na- of all people. tional commons, protected by govern- ment as a public trust, to be left open for In early American history the doctrine navigation, recreation and the licensed was used almost exclusively to protect the catching of wild fi sh — which also have public’s interest in one very vital aspect long been established as a public asset. of the commons: water. Just as Justinian What right, plaintiff s will ask, does the had declared, navigable water, whether in Yellowfin tuna federal government of the United States the sea or fl owing to it, was, along with raised in an open have to lease ocean water to anyone, par- shorelines, beaches and river bottoms, ocean pen in ticularly if doing so could harm fi sh in the the common property of the nation’s citi- Mexico. rest of the sea? zens. Courts ruled that it was owned by LOUISE MURRAY/ALAMY Th e notion of a public trust has a ven- everyone and no one at once, an unwrit- breeding with and compromising the gene erable history. It was fi rst proff ered in 528 ten easement protected by the water’s pool of wild stock. Th ey can also overtake AD, when the Roman Emperor Justinian steward — the state. In the years that fol- habitat. Atlantic salmon now run wild in decided to condense the unpublished rules lowed, American courts, state and federal, the Pacifi c. And according to a recent ar- and edicts handed down by his predeces- even the U.S. Supreme Court, upheld that ticle in Science magazine, mercury, PCBs sors and create a unifi ed code of imperial interpretation. and other waterborne toxins are found law. A year later, 10 legal experts delivered Th e landmark public trust case oc- in aqua-farmed fi sh at levels three to fi ve the Codex Justinianus, to which the em- curred in 1892 when the U.S. Supreme times those in wild fi sh, a consequence peror then added an idea expressed by the Court held in Illinois Central Railroad of feeding the captives contaminated fi sh jurist Marcius two centuries earlier: vs. Illinois that a state legislature could meat. Water pollution from pathogens, an- not grant ownership of land under navi- tibiotics and nitrogen are also expected. By the law of nature these gable water to a private party, in this case Supporters of the initiative acknowl- things are common to all man- the railroad, which had been granted, fee edge some of those problems, but claim kind, the air, running water, simple, a thousand acres of shoreline and they will be greatly reduced by moving the sea and consequently the underwater land — the entire waterfront fi sh farms out of coastal waters, which are shores of the sea. of Chicago. more environmentally sensitive than the Although water and shorelines have open ocean. NOAA claims to be aware of Since then, the Public Trust Doctrine been the most frequent benefi ciaries of the hazards of aquaculture and has prom- has percolated through centuries of war, public trust protection, the doctrine has ised to include environmental impact successor empires and colonization. As become amphibious. Air, forests, public analysis and regulatory oversight in the English, French and Spanish kings built lands, natural beauty and cultural artifacts proposed legislation, alongside provisions their empires, the doctrine was adopted have recently been defended as common to streamline 10-year site permits through as common law. When new American assets worthy of public trust protection. a “one stop permitting process.” states joined the original 13 colonies they Th e open ocean, on the other hand, is con-
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 41 KNOW YOUR RIGHTS
sidered a global commons, protected by nation’s history, but in each case it has Federal courts have ruled that the the Law of the Sea and other international been protecting a state’s use of the doc- Public Trust Doctrine does not apply agreements. But there is a long ribbon of trine. It has never claimed it as federal outside “the territorial sea” but have not ocean water, 200 miles wide, hugging the common law, which could apply in ocean defi ned where territorial seas begin or coast of every continent, in which owner- waters beyond the states’ three mile limit. end — at the three, 12 or 200 mile lim- ship rights and stewardship responsibility Th at doesn’t necessarily mean that the its. If the doctrine is accepted as relevant is still unclear. Public Trust Doctrine is not federal, it and applicable in the EEZ, the specter of Th e Law of the Sea Treaty, now signed only means it has never been established public trust rights will make it very dif- and ratifi ed by 158 nations, extends the as such. And just because courts have fi cult for NOAA or any agency to entice boundary of all signatory nations 200 never applied the doctrine to the EEZ capital intensive sea farmers into the pe- miles from their shoreline. Th e enor- doesn’t mean they can’t. lagic zone, because it would be so easy mous wealth of oil, gas, minerals and for environmentalists and other political food stuff s in and beneath the waters of Closing Argument opponents to defeat them in court. Aqua- these Exclusive Economic Zones makes As the Public Trust Doctrine has been culture corporations will want stronger the word “Economic” an appropriate part used so eff ectively to protect public access property rights than the government can of their title — an invitation to commerce to and the ecological integrity of Ameri- legally off er them under the doctrine of and development. Th e United States’ can common assets, on and off shore, it public trust. EEZ, which includes Micronesia, covers seems imperative to invoke it in the EEZ. Opponents, including commercial 3.4 million square miles, a larger portion Here is how the case for a federal doctrine fi shers of wild stock, who are beginning of the earth’s surface than the country’s might be argued. to see themselves as the planet’s last hunt- land mass. Because its legal system was built on er-gatherers, are expecting government President Bill Clinton signed the Law British common law, which included litigants and their industry supporters to of Th e Sea Treaty in 1994, but in defer- the Public Trust Doctrine, the United contest any mention or invocation of pub- ence to ocean mining interests, which States government held an implied pub- lic trust in the open ocean. Meanwhile sought unimpeded access to the entire lic trust obligation over navigable wa- advocates of the commons see an invit- ocean fl oor, Jesse Helms, then Chairman ters in each territory until it was granted ing opportunity to affi rm a federal Public of the Senate Foreign Relations Commit- statehood. Each new state, upon enter- Trust Doctrine that extends at least 200 tee, refused to hold hearings that might ing the Union, assumed its own obli- miles off shore and use it to challenge the have led to ratifi cation. gation over the same waters. But even further privatization of what they call “the Th ere are other compelling reasons, after all territories had become states, blue frontier.” strategic and environmental, not to ratify the federal government still maintained “When you fence off large parts of the the treaty. So it may never happen. How- public trust responsibility over oce- sea you’re also taking on a responsibility ever, stewardship of the zone it created anic shorelines until coastal state con- for its protection,” says David Helvarg, will certainly become a factor in the le- trol was extended three miles from the President of the Washington, DC-based gal contest that awaits ocean fi sh ranch- shoreline by the Submerged Lands Act Blue Frontier Campaign. “Privatizing the ing, as will the Public Trust Doctrine. of 1953. Th e Law of Th e Sea Treaty did frontier was a bad idea when Congress Ratifi ed or not, the treaty defi nes “EEZ” not exist, so the U.S. federal govern- was selling off public lands to railroad which applies to all nations, and is an area ment controlled the next nine miles off trusts for pennies on the acre. It’s a worse which the federal government clearly ac- shore, out to the 12 mile limit described idea today as we’re only beginning to ex- knowledges by name in all its reports and by international agreement as the ter- plore and discover the true values of our studies, and will surely include in its draft ritorial waters of all nations. Th e rest nation’s largest public asset.” legislation. If they don’t invoke the zone was regarded as open ocean, open to all Protecting any public resource from by name, and site the law of the sea as its travelers and fi shermen. harmful commercial use enhances the creator, they risk losing all rights to it. In light of this history it should be as- benefi ts for all who seek access to it, par- Th ere is no question that the doctrine, sumed that the federal government still ticularly other commercial users. Th us as interpreted by courts in most coastal bears public trust responsibility over nav- the ancient common law notion of public states, allows the private use of state owned igable territorial waters — and the sea bed trust, a doctrine which has been used so public trust land and water for aquacul- below them — between the three and 12 eff ectively over the centuries in defense ture within the three-mile limit. So long mile limits and now into the EEZ reach- of navigation, fi shing, recreation and eco- as the activity improves the public welfare ing out another 188 miles from the coast. logical integrity, should be tossed into the and does not interfere with citizens’ enjoy- If this is a fair assumption, then it would sea and allowed to drift at least 200 miles ment of the resources being used. Courts suggest that the Public Trust Doctrine, off shore in defense of a common asset we have also affi rmed that “lands,” as defi ned accepted by the original thirteen colonies cannot aff ord to lose. W by the doctrine, encompass the river bot- without argument, and passed by federal toms and sea beds of navigable waters out permission to each new state, remains a Mark Dowie teaches science and to the three mile limit. U.S. government doctrine, at least as it ap- environmental reporting at the Th e U.S. Supreme Court has upheld plies to navigable federal waters between University of California Berkeley Public Trust Doctrine four times in the the three and 200 mile limits. Graduate School of Journalism.
42 Waterkeeper Magazine Spring 2007 www.waterkeeper.org SAVING
Klamath Salmon By Regina Chichizola, Klamath Riverkeeper
»IN 2006 the Klamath Riverkeeper joined the na- tive tribes and coastal fi shermen of Northern Cali- fornia whose livelihood, sustenance and religious practices depend on the Klamath salmon. Our goal: to bring back the Klamath’s diverse fi sheries and restore the salmon. Klamath salmon stocks are the cornerstone of the entire West Coast salmon fi shing industry. Th e Klamath River is home to the some of the last re- maining runs of Chinook and Coho Salmon. It is also the last spawning ground for the massive green sturgeon, which lives up to 70 years and weighs up to 350 pounds. For every fi sh species in the Klam- ath, there is a culture that evolved with them. Now these fi sheries are at risk. In 2002, just one year after the Bush administra- tion launched its 10 year plan for the river, 64,000 adult salmon died in the Klamath. In the years since, fi shermen and tribes have been fi ghting for their livelihoods and their lives. Th e salmon fi shery in a 700-mile stretch of California and Oregon coastline is governed by the health of the Klamath River’s salmon runs, which have been declining steadily since the 2002 fi sh kill. If Klamath numbers are lower then 35,000 salmon for more then a year, the state curtails the fi shing season. In 2006 salmon numbers where predicted to be only in the 20,000 range and the coastal fi shery was closed. Hundreds were left jobless. Fishermen, tribes and the coastal towns that lost millions in revenue demanded emergency relief for the indus- try. When no relief came the coalition took action to fi x the Klamath. In a recent press conference announcing the ‘Water for Fish’ campaign, fi shermen and tribes underlined the importance of the Klamath fi shery. Dick Pool, campaign coordinator and owner of the Concord, CA-based tackle company, Pro-Troll, ex- plained the reason behind the campaign, “Dams, diversions and mismanagement are leading to a massive fi sheries failure in California,” he said. “Fish and fi shermen are being left out of water policy de- cisions of the state and federal governments.” Gordon Robertson, from the America Sport- fi shing Association, underlined the economic Fishermen rally importance of fi shing in the U.S. and California, in May 2006 to “Recreational fi shing contributes 116 billion to the fix the Klamath. KLAMATH RIVERKEEPER KLAMATH KNOW YOUR RIGHTS
national economy each year while California sport- fi shing contributes 12 billion per year to the state’s economy and supports 43,000 jobs.” Ron Reed, cultural biologist for the Karuk Tribe, said his and other Klamath Basin Tribes have been hurt dramatically by the decline in Klamath River water quality and fi sheries. “Th e Karuk, the second largest tribe in California with over 3,000 mem- bers, caught only 200 salmon last year in our tra- ditional dip net fi shery. Th is impacts not only our health, but our culture and way of life.” However, Reed noted that it is not just the Karuk and other tribes and fi shermen who are impacted, everybody is aff ected economically by fi sh declines. “Now is the time for all of us to come together,” he said. “We can’t solve the problem by single species management — we need to manage all of the spe- cies. If we don’t restore the Klamath, we will not be able to save our fi sheries.” Much of the fi sh disease stems directly from Pacifi Corp’s Klamath River dams, now owned by billionaire Warren Buff ett. Scientifi c studies have shown the impacts of the dams and their connec- Ron Reed, the Karuk tion to the Klamath River’s many fi sh diseases. Of Tribe’s cultural biologist, particular concern is the Ceratomyxa Shasta para- fishing at Ishi Pishi Falls.
KARUK TRIBE site, infecting and sometimes killing up to 80 per- cent of the juvenile Chinook salmon every year. Traditional salmon bake Th e parasite thrives directly below Iron Gate on the Klamath River Dam. Behind the Iron Gate is a toxic algae prob- lem of unbelievable magnitude — with levels 4,000 times more toxic than the World Health Organiza- tion’s standard for safe recreational contact. Klam- ath Riverkeeper has joined with commercial fi sh- ermen and the Karuk Tribe to deal with the toxic water coming from the Iron Gate Dam. After the last two years of fi shing shut-downs, “Fix the Klamath” and “Bring the Salmon Home,” have become the rallying cries of the commercial fi shermen, tribes and environmental groups, in- cluding Klamath Riverkeeper. Predictions for this year’s fall Chinook run show some short-term relief. Whole towns and tribal communities wait to see if they can survive another year with little ocean salmon fi shing. After years of struggle, the people of the Klam- ath are ready for change. Farmers, Native people, environmentalists and fi shermen are all talking. Agencies are starting to think about the impending extinction of many of the Klamath’s diverse species. Th e public is demanding healthy wild salmon. Th e removal of the Klamath dams is just the be- ginning of the restoration of the Klamath salmon and fi sheries. In the next year, the fate of these dams and the Klamath Coho in the Klamath’s tributaries will be decided. With this decision lies the fates of the cultures and economies of the Klamath basin. Klamath Riverkeeper and our many partners and supporters will be there. W KARI NORGAARD
44 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Playing HOOKY By Shenandoah Riverkeeper Jeff Kelble Photos by Shenandoah Riverkeeper
»IT WAS 1999, and from the middle of the Potomac River below Harper’s Ferry, West Virginia, I had spotty reception on my cell phone. Th is is where several hundred million years ago a giant fl ood broke through the Blue Ridge Mountains and cut a path that emptied a sea whose bottom we now call the Potomac Highlands. Here, the historic Shenandoah River joins the Potomac; at times its fl ow pushing up the Potomac, at other times being pushed, all depending on where the rain fell. Giant tombstone ledges of granite cross the riv- er, holding pools of water back only to fl ow through cuts hammered out by fl oods. Th ese are some of Potomac’s mightiest rapids. With names like Mad Dog and White Horse, they rumbled in the back- being taught to row one of these things by a retired Bull Falls on the ground as I tried to continue doing sales business. I tobacconist, John Hayes — also fi shing guide, story Shenandoah River was playing hooky from my job, because the small- teller and big laugher. mouth bass fi shing through here was incredible Overnight I was hooked and began taking cli- and I couldn’t stay away. An awesome population ents out on the nation’s river the next spring. of smallmouth bass was growing up that year, just Among the guides was Butch, a full time car sales- the strongest fi sh in the system, those that survived man; Mark, a defense contractor; Dave, a middle the two fl oods in 1996. school teacher and gifted writer; Rick, who worked I became a regular fi xture of the river during the in IT; and Mark Kovach, the original handlebar- work week, as my interest in selling things was dy- mustached fi shing guide. Th ey were all doing the ing and I was being reminded that I had grown up same thing that I was, feeding their souls by taking on rivers, and that’s where I felt best. people fi shing. It wasn’t long before I began meeting guides By spring of the next year, now with my own from Mark Kovach Fishing Services. Men rowing boat, I needed to see more of the Mid-Atlantic’s whitewater rafts through these waters with fi sher- rivers, so I started Playing Hooky Guide Service. men attached to swivel seats, fi shing as they fl oated, Over the next seven years I twisted and turned my came by every day like clockwork. I was fascinated boat along dozens of rivers laid out in more than and I didn’t hide it well, because before long I was 100 diff erent fl oats. I don’t know how many fi sher-
That’s the question that waste, insecticides, and urged Congress to residents of the DC cosmetics and medicines act before the problem metropolitan area are in our waterways. These became even worse. asking themselves about chemicals are taking a toll Merrifield described the the fish in the Potomac on the fish — and until chemicals causing the River. Around the nation’s we know for sure — who mutations, the dangers capital male fish are is to say that they are not to human health and Fish-he developing ovaries in their taking a toll on us? EPA’s slow response to reproductive organs. The In October, Potomac the matter. “In the long or condition — known as Riverkeeper Ed Merrifield run,” he warned, “keeping intersex fish — is linked testified before the U.S. these chemicals out of to hormone disrupting House Committee on our rivers and streams is fish-she? chemicals from animal Government Reform what matters.”
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 45 KNOW YOUR RIGHTS
NY/NJ Author Jeff Kelble and comfortable Baykeeper passenger. Andy Willner and blue fish In late summer 2006 on patrol along the South Shore of Staten Island I noticed some birds working hard on some bait fish near the surface. I knew there was a fishing rod somewhere on the boat. It was a four piece, very light rod, with even lighter line. I also found a rusty lure, tied it on and quickly cast into the middle of the turmoil. Immediately, I felt a huge hit, set the hook and let the line run out almost its entire length. The next 20 minutes were as much fun as I ever had fishing. When I finally got the fish along side, it was a monster. I got the fish on board, Rick Jacks took the picture men watched the back of my head while I rowed as For thousands of years the river has been the fo- and we let the beast go to I tried to see around their buddy in front of me. We cal point of settlement for indigenous people with hunt some more. I went were all after that mystical giant smallmouth. stone suitable for cutting points, rich soil for ag- home with the picture and Soon I knew all the faces. Th e jokes were familiar riculture, fl ourishing wildlife and a river that ran bragging rights. and I found myself on the Shenandoah River more heavy with fi sh. Few miles pass while fl oating the than anywhere else. Some- Shenandoah where you don’t see evidence of an- thing was diff erent about this cient V-shaped fi sh structures fi rst cut into the river, its waters green tinted stone thousands of years ago. Th ese ancient V’s and clear, thick with sweep- concentrated fi sh through passageways where they ing star-grass, bugs and fi sh. were speared or corralled into baskets. Even today A river whose fl oor was bed- in our highly technological age, rods and reels are rock and permanent, running as sophisticated as we’ve gotten. along the base of the Blue Sadly, the Shenandoah River no longer supports Ridge Mountains; bouncing the renowned population of fi sh that once helped though the Shenandoah Val- me earn my living. Historically bountiful popula- ley between the Allegheny tions of at least one native fi sh are nearly gone be- and the Blue Ridge ranges. cause of years of fi sh kills. So in 2006 I closed my Pushing boulders along that guide business to become the Shenandoah River- used to ride ridge tops and keeper. Fixing the river is going to be complex. But pulling trees that used to already I’ve brought my fi rst lawsuit against one hold its banks together before major polluter, and in many senses, already won. the fl oods. Th e river pushed Th e list of polluters is long, but I have only just be- through history and pulled me gun my work. W in. Th is valley became my fam- ily’s home. It wasn’t until later when I began building my bed and breakfast that I learned my family farmed the Shenandoah Valley 250 years before — liv- ing off the land and its waters.
46 Waterkeeper Magazine Spring 2007 www.waterkeeper.org »YEARS AGO, I remember going out with my grand- father to fi sh for shrimp with atarralla, a type of fi shing net. We used to catch up to 150 or 200 kilo- grams of shrimp. We would go to the beach and fi ll up entire sacks by hand. Today, there are 20 to 25 fi shermen who have dedicated themselves to catch- ing shrimp with atarralla, but they do not catch more than eight to 10 kilograms in a day. Similarly, Pescador other fi sh, like clams, blue crabs and mollusks, have become scarcer in Bahía Magdalena. Waterkeeper Seventy percent of the population of Puerto San Carlos depends directly on fi shing in Bahía Mag- dalena. Th e area is rich with seafood, but in recent By Julio Solis, Guardaguas Bahía Magdalena/Magdalena Baykeeper years it has been overexploited. It is our interest to promote responsible fi shing and to protect the bay from the industrial and domestic pollution that threaten it. When I started fi shing in 1991, fi shing was a wonderful experience in every sense. Back then, we could catch enormous amounts of lobster, shrimp, abalone and fi sh. But today, fi shing has declined because of over fi shing. In the last fi ve years the population of San Carlos has grown exponentially. People come from other parts of the country to try to survive, but this limits the amount of resources available per person. Today, the signboard to the entrance of the community hasn’t been changed, it says population 3,000, but the reality is probably 11,000. We need responsible fi shing, good regulation and strong enforcement. So far, planning and con- servation eff orts have been weak. But people trust us, they believe in the objectives of Magdalena Bay- keeper. We are fi lling a void in the community for the good of our bay. CHRIS PRESENTI
»HACE AÑOS, recuerdo salir con mi abuelo a pescar de langosta, camarón, abulon y pescado. Pero hoy, camarón con atarralla (un tipo de red). Soliamos la pesca ha disminuido debido a la pesca excesiva. capturar hasta 150 o 200 kilogramos de camarón. En los ultimos cinco años la población de San Car- Ibamos a la playa y llenabamos sacos enteros a los ha crecido exponencialmente. La gente viene mano. Ahora hay entre 20 y 25 pescadores que se de otras partes del país para sobrevivir, pero ésto dedican a pescar el camarón con atarralla y cap- limita la cantidad de recursos disponibles por per- turan solamente entre ocho y 10 kilogramos en un sona. El letrero a la entrada de la comunidad no se día. Pasa lo mismo con los otros pescados, almejas, ha cambiado, anunciando una población de 3.000, cangrejos azules, moluscos, todos se han vuelto pero la realidad es probablemente 11.000. muy escasos en Bahía Magdalena. Necesitamos la pesca responsable, necesitamos Setenta por ciento de la población de Puerto la buena regulación y la aplicación fuerte de la ley. San Carlos depende directamente de la pesca en Hasta ahora, los esfuerzos del planeamiento y de la Bahía Magdalena. El área es rica en mariscos, pero conservación han sido débiles. Pero la gente confía en años recientes que han sido sobre explotada. Es en nosotros, creen en los objetivos del Guardaguas nuestro interés promover la pesca responsable y de Bahia Magdalena. Estamos llenando un vacío proteger la bah ía contra la contaminación indus- en la comunidad por el bien de nuestra bahía. W trial y doméstica que la amenazan. Cuando comencé a pescar en 1991, la pesca era una magnifi ca experiencia en todos los sentidos. En ese entonces, podíamos extraer grandes cantidades
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 47 KNOW YOUR RIGHTS
Accessing the Kaw By Kansas Riverkeeper »IN THE late 1800s Abe Burns and his friend Jake Laura Calwell Washington used to ‘noodle’ for catfi sh just be- low Bowesock Dam, a stone dam constructed on the Kaw in 1874. After fastening a large hook to a board, they would tie the board to their arm and plunge underwater, searching holes below the dam where large cats liked to hide. When they found a big cat they gaff ed it with the hook and brought it to the surface. One day, Abe hooked on to a cat that was far too big for him to handle. Neither Abe nor the catfi sh surfaced until sev- eral days later when both he and the fi sh were found downstream — still hooked together. Noodling is now illegal on the Kaw. But safe, responsible access to the Kaw is a public
right. Public access and recreational use of the KS LAWRENCE, SOCIETY, HISTORICAL DOUGLAS COUNTY river is essential to its protection. Simply put, un- Abe Burns (on the left) and Jake Washington in 1895 showing off less people get out in the water, they aren’t going to their day’s catch of a 90 and a 110-pound Blue Catfish (before understand and appreciate what they have. state records were documented). Nevertheless, for a long time, public boat ramps were so limited that boating on the Kaw was rare. along with the Arkansas and Missouri Rivers. Th eir Some fi shed from the banks of the river, but only tributaries are considered private property and are those willing or able to maneuver their boats closed for recreational purposes. Although this is through the muddy, undeveloped access points a violation of the Public Trust Doctrine, there has — mostly under bridges — were able to get onto been little complaint. After 1951, when a Kansas the river. River fl ood devastated Kansas City, reservoirs were Th e state recognizes the Kansas River as one of constructed on the river’s tributaries to prevent the the state’s only three publicly navigable waterways, river from deluging nearby cities. Th e reservoirs, complete with fi shing, sailing, water-skiing, picnic Bill and Norman Cross areas and camping grounds, are in part the reason catch & release a 65 pound why the Kaw and its tributaries have been over- Blue Catfish on the Kaw in looked for their recreational potential. April 2004. Since 2003, Friends of the Kaw and Kansas Riverkeeper have been working to reopen public The Kansas River runs access to the river. Th at year, Mike Calwell, the over 171 miles of prairie kingfi sh of Kansas Riverkeeper’s access projects, from Junction City to received a grant from the Federation of Fly Fish- Kansas City. Affectionately ers to work with a local community — St. George know as the Kaw, it is a — to construct the fi rst access ramp along the Kan- shallow, sandy bottomed sas River in 20 years. Since then, the Kansas River- river with deep holes keeper’s quest for open access has snowballed. — habitat loved by Blue, With four access points completed and two more Channel and Flathead on the way, state and county governments and even Catfish. Catfish stay in the communities along the Arkansas River are follow- holes during the day and ing our lead. Our dream of a public access ramp to venture to the shallows the Kaw every 10 miles is almost a reality. Although to feed after dark. The there’s no more noodling, we believe that Abe and Kansas state record Blue Jake would be very happy to see people back on the Catfish — 94 pound Kaw, fi shing. W — was caught here.
48 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Author Ben Williams is a board member of St. Johns Riverkeeper.
When you harvest seafood for a living, it becomes quite clear that if the underlying environment is not healthy, River Shrimp By Ben Williams your economic prospects »OVER THE years the question has remained the river shrimp. Th ey’re skeptical of any seafood com- same, “Are those river shrimp?” But the reason for ing from our river. aren’t going the question has changed. Almost 30 years ago, Th at’s a sad thing, for our St. Johns is still to be healthy when I fi rst worked in a fi sh market, the customers a magnifi cent and productive estuary. It nurtures either. wanted river shrimp. Th ey knew that shrimp from not only shrimp but many other commercially the river had a diff erent texture and a slightly dif- valuable fi sh and crustaceans. Just as importantly ferent taste to them. Th e customer didn’t know that though, our river also nurtures and sustains the what they called river shrimp were actually juvenile fi sherman who have traditionally, and sustainably, Atlantic White shrimp or that the slightly diff erent harvested them for our tables. taste and texture was the result of the shrimp living Having been a commercial fi sherman, and for in, what was many times, almost freshwater. Th ey the last 25 years worked in and owned fi sh markets, just knew they liked them. it’s been clear to me for a long time that if we are to Today our customers will ask the same question, sustain, not only the fi sh and shrimp and crabs, but but for a signifi cantly diff erent reason; they don’t the fi sherman who harvest them, then we need to want river shrimp. Th ey’re skeptical of the safety of protect our river. When you harvest seafood for a
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 49 KNOW YOUR RIGHTS
living, it becomes quite clear that if the underlying a certain initial tension, and in that little room it environment is not healthy, your economic pros- was tense. pects aren’t going to be healthy either. Fortunately though there were a few folks in that It was with that understanding that I drove little room who saw the big picture and understood down to the University of Florida’s Whitney Lab what needed to be done. Th e birthing process in Marineland one evening seven or eight years was painful, but successful. St. Johns Riverkeeper ago. I didn’t know exactly what a Waterkeeper emerged. Over the years we’ve managed to stay fo- was but I knew that the existing environmental cused on our mission: clean and healthy waters in eff orts, some of which I had been a part of, had the St. Johns River. not been very eff ective in protecting our river. And it’s that vision that brings me back to the Th at fi rst organizational meeting was not overly question, “Are those river shrimp?” Our job is to encouraging. As we all know, when you put rec- turn back the clock on that question so future reational fi sherman, commercial fi sherman and generations will reap the benefi ts of a healthy St. an environmentalist together in a room there is Johns River. W
Fishable Waters, Edible Fish By Zeke Grader, »IN CONGRESS’ fi nal hours in 2006, it reauthorized the two national ocean commissions as a major step Executive Director nation’s primary fi shery statute — the Magnuson- forward. Th e law ensures a more scientifi c ap- of the Pacific Stevens Fishery Conservation & Management Act. proach to fi sheries management in the ocean and Coast Federation Th is law asserts U.S. jurisdiction over a vast body of sets a fi rm deadline to end over fi shing. of Fisherman’s water stretching from 3 to 200 miles off shore and es- Despite the hoopla, however, serious problems Associations, and tablishes federal fi shery management authority. remain in the eff ort to ensure an ample supply of California Coastkeeper Th is action was hailed by the Bush administra- fi sh in ocean waters. Laws, after all, are just words Linda Sheehan tion, members of Congress, fi shing groups and the unless there is the political will and funds available to implement and enforce them. Th e Magnuson- Stevens Act, which is a 20-year old law, already had a prohibition on over fi shing that was not ade- quately enforced. Congress and the administration fail to spend the money needed for fi sh population research and enforcement, making it diffi cult, if not impossible, to establish seasons and quotas for sustainable fi shing. And a huge gap in federal protection remains: no law takes a comprehensive approach to making sure there are not only enough fi sh, but that the fi sh are also safe to eat. If we are to have fi shable waters and edible fi sh, we will need to invoke the Magnu- son-Stevens and Clean Water Acts, plus state laws that regulate polluted runoff , a major source of fi sh contamination that the Clean Water Act virtually ignores. A close collaboration of Waterkeepers and fi shermen in this eff ort will preserve this nation’s great fi shing heritage and access to a healthy boun- ty from our waters. W JASON HOUSTON
50 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Seafood Consumption Advisory JASON HOUSTON »RESPONSIBILITY FOR monitoring the safety of our fi sh and shellfi sh falls to the states. Forty-eight states, the District of Columbia and America Sa- In 2004 FDA and EPA issued a joint moa have fi sh advisories in place — warning the consumer advisory about mercury in fish public to limit or avoid the fi sh caught in their wa- and shellfish. Their advice: ters because of contamination. In 2003, 92 percent of the Atlantic Coast and 100 percent of the Gulf Fish and shellfish are important parts of a healthy and balanced diet… Coast were under advisory. On the Pacifi c Coast However, depending on the amount and type of fish you consume it may states do not issue statewide advisories, but Hawaii be prudent to modify your diet if you are: planning to become pregnant; has issued a statewide advisory for marine fi sh. pregnant; nursing; or a young child. With a few simple adjustments, you can continue to enjoy these foods in a manner that is healthy and Don’t Look, Don’t Tell Policy beneficial and reduce your unborn or young child’s exposure to the Fishermen and fi sh consumers across the country harmful effects of mercury at the same time. are not being supplied with the information they need to make educated choices about the fi sh they Specifically: eat. Meanwhile, EPA looks on while the states do 1. Do not eat Shark, Swordfish, King Mackerel, or Tilefish because they away with their monitoring programs and public contain high levels of mercury. fi sh consumption guides. 2. Eat up to 12 ounces (2 average meals) a week of a variety of fish and Mercury Rising shellfish that are lower in mercury. Six hundred and thirty thousand infants are born • Five of the most commonly eaten fish that are low in mercury are each year with unsafe levels of mercury in their shrimp, canned light tuna, salmon, pollock, and catfish. blood, according to U.S. EPA and Centers for • Another commonly eaten fish, albacore (“white”) tuna has more Disease Control. Forty-four states have statewide mercury than canned light tuna. So, when choosing your two meals mercury fi sh advisories. Th e largest emitters of air- of fish and shellfish, you may eat up to 6 ounces (one average meal) borne mercury in America are the 1,100 coal burn- of albacore tuna per week. ing power plants that spew roughly 50 tons of mer- cury each year, poisoning our nation’s lakes, rivers 3. Check local advisories about the safety of fish caught by family and and streams, fouling our food supply. friends in your local lakes, rivers, and coastal areas.
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 51 KNOW YOUR RIGHTS
Fisheries Act Under Attack
By Krystyn Tully, »THIS SPRING, Canadians will decide the future of against new threats to our waterways. Investiga- Vice President, the nation’s most powerful, most important en- tions and occasional prosecutions of Fisheries Lake Ontario vironmental law — the Fisheries Act. When the Act off ences have led to cleanups of contaminat- Waterkeeper dust settles, Canadians may be left with one of ed sites across the country. One conviction often the most eff ective, protective water laws in the leads to the cleanup of an entire industrial sector, world. Or short-sighted, rushed decision-mak- because the national law sets a bar that protects ing may rob Canadians of the best tool we ever every community. Desire to comply with the had to safeguard our waterways, our fi sheries Fisheries Act motivates industry and developers and our communities. to protect fi sh habitat and clean water. Th e Fisheries Act is nearly 140 years old. It A new version of the Fisheries Act, now be- shapes the Canadian fi shery, infl uencing who ing rushed through Parliament, threatens to gets to take fi sh from what areas, how much and take away Canadians’ right to clean waters and under what conditions. It also prohibits the de- healthy fi sh. Th is proposal is a complete over- struction of fi sh habitat and the pollution of wa- haul, eliminating the most important protections terways. Th e pollution prevention rules, added a for citizens’ right and our waterways. Gone is the little more than 30 years ago, are the rules that rule that says a community will participate in an Waterkeepers live by. And they are under siege. environmental assessment if fi sh habitat is to be Today’s Fisheries Act says that no one can put destroyed. Gone is the rule that ensures at least toxic substances into waters where there are fi sh one-third of every river is always unobstructed. and no one can destroy fi sh habitat without gov- Gone is the rule that says ships can’t sweep coal ernment authorization. Off enders can be tried in ashes into our waterways. Gone are the key defi - criminal court and face fi nes of up to one million nitions that prohibited the deposit of deleterious dollars a day or jail time if they are convicted. substances — pollution — into Canadian waters. Th e rules that clarify how the law is enforced Th e proposal takes environmental protection have been established by various courts through away from citizens and independent courts and years. Th e standards are clear, they apply equally concentrates power in the minister’s offi ce. It to every polluter and they equally protect every abandons rule of law in favour of ministerial dis- waterway in the country. cretion, politicking and lobbying. Th e proposed Today’s Fisheries Act encourages citizens to new Fisheries Act would abandon fi sh, and pro- protect their local waterways. Anyone who has tect corporate interests through grants, loans, evidence that an off ence is being committed can and insurance programs. It also off ers up a new, prosecute the polluter in court. Th is right is an softer response to serious environmental crimes important protection against government inac- by allowing “alternative measures agreements” tion. It is one of the hallmarks of the Canadian to replace guilty pleas and criminal records — an justice system. approach that is radically diff erent from this gov- Th e Fisheries Act is not perfect. Th e federal ernment’s other crime policies. government has used it to write regulations ex- Canadians rely on a strong Fisheries Act to empting mining and paper facilities from adher- protect our waters, our traditions and our com- ing to environmental standards. It takes time, munities. For the fi rst time in years, the federal money and good lawyers to win a Fisheries Act government is focused on one of the country’s Early morning case in court. Historically though, the Fisheries most pressing issues. But corporate lobbyists overlooking the Act has been the best — and possibly only — na- and large industrial polluters are steering the Ottawa River and tional tool that Canadians can use to hold pollut- ship. It leaves us asking, why? And gearing up for Parliament Hill in Ottawa, Canada. ers accountable, win back lost fi sheries and ward a fi ght. W ISTOCK/BRYAN DELODDER ISTOCK/BRYAN »the way FORWARD JASON HOUSTON
With a river, it’s use it or lose it. Polluters assume possession of a waterway when people stop swimming and boating, catching and eat- ing the fi sh. Th e public perception that a waterbody is ‘dead’ is a self-fulfi lling prophecy. With the public off the water, government offi cials can downgrade protection and use the waterway as a sewer. Th e law is clear, but law enforcement is weak. Citizens must stay on the water to exercise their rights as owners and stewards of our waterways. So get out there. Assert your ownership. And enjoy. W
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 53 KNOW YOUR RIGHTS: THE WAY FORWARD
Teach Wealth By Nick Vos-Wein, Hackensack Riverkeeper Project Manager
»HACKENSACK RIVERKEEPER’S Urban Watershed Edu- concrete learn that no matter where they live, they Riverkeeper-trained fisherman cation Program teaches middle school students are connected to nature. Th ey just need to get out shows off his catch at Wilson Pond in Linden, NJ. how to fi sh. And through fi shing, the students ex- on the water. W perience the wealth of a personal encounter with their local waterway. We use games to teach kids about the fi sh that live in their local river or lake. Students conduct a cleanup of their school grounds and affi x a per- manent marker to stormdrains that reads, ‘Don’t Dump. Drains to Your River.’ Th ey get on the wa- ter with Hackensack Riverkeeper Captain Bill Sheehan and try their hand at water quality test- ing. Th e fi nal morning is spent learning to cast. Th en they spend the day fi shing. For many, this is their very fi rst time holding a fi shing rod. Over the past decade, we have reached thou- sands of young people. Kids who live in an en- vironment too often defi ned by pavement and HACKENSACK RIVERKEEPER
Sky Sight This January, 850 students from H.B. Lee Middle School in Portland, Oregon became a sturgeon for an hour to conclude the Art For the Sky project, sponsored by Columbia Riverkeeper. Art For the Sky combines art, music, math, history and science and culminates in a gigantic living painting on the school’s athletic field colored and shaped by the living forms of participants. DANIEL DANCER
54 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Go Fish By Dr. Jack A. Mills, Jr.
“Jack Mills »MY FIRST recollection of fi shing was digging. Af- In 1944 I made my fi rst overnight fl oat trip from ter about an hour or two, my father and I might Clayhatchee to Geneva with my long-time friend is our best be lucky enough to fi nd 75 to 100 worms. Th en, to Joe Watson. We cast artifi cial lures during the day set of eyes the river to fi nd a nice eddy hole with no branches and set hooks at night. We caught fi sh like you overhead so we could fl ip our lines, hook and sink- wouldn’t believe, at least it seems that way now. I on the river, er, in hopes a fi sh would spot the worm. think the fi shing on the river has always been good. reporting Th is was in the middle 1930s. Most of the fi shing It is just as good now, of course it varies as to the was from the banks or wading. Th e few boats that capability of the fi sherman. problems were used were moved by paddles or oars. Once Th e biggest change in fi shing is technology. Bet- and in a while you could hear a motor putting up and ter poles, reels and rods, plastic lures. My favorite down. Th ere were fewer gators then, more beaver lures in the 1950s and 1960s were Hawaiian Wig- violations and deeper channels. In the summers after school glers, Lucky 13’s, inline spinners (preferably yellow) from poor was out daddy would take me on an all day trip on and, of course, I still fi sh worms and crickets. I’ve logging the Choctawhatchee down in Florida. We would found that the very best fi shing times are in spring leave before daylight, get home after dark. And and fall — fall especially after hunting season be- operations hopefully dress a big mess of fi sh before bedtime. gins when there are fewer folks on the river! to tire In 1940 my father purchased our fi rst outboard All in all — the fi sh are still there. It’s up to you motor, a Johnson 5 HP. to go catch them. So go fi sh the river! W dumps.” Michael William Mullen, Choctawhatchee Riverkeeper
Fishing New York Bay ANDY WILLNER www.waterkeeper.org Spring 2007 Waterkeeper Magazine 55 KNOW YOUR RIGHTS: THE WAY FORWARD
Fishing to See By Jason Houston
»I DON’T fi sh to catch fi sh. I go out when I think there will be fi sh around. I choose rivers that I think will have fi sh in them. I do my best to understand the biology and ecology of the hunters and the hunted. And I have been accused of carrying around that silly grin fi shermen get after they catch a fi sh. But I don’t fi sh to catch fi sh. I fi sh to see things diff erently. I am a photographer and photography in- forms everything I do — except fi shing. Waist deep in the current, methodi- cally, repeatedly — maybe obsessively — slinging my line and squinting at the Photographer and passing riffl es, I experience the world not as stills, but for the fl uid, delicate, fly-fisherman Jason ever-changing thing it is. Houston fishes the Fishing is a way of experiencing the incomprehensively complex relation- tiny Green River in his ship between fi sh, water, light and insect — one I appreciate and try to par- hometown in Western ticipate in, but don’t feel the need to try and fully understand. Even the best Massachusetts. fi shermen, really, only luck into catching fi sh. W
56 Waterkeeper Magazine Spring 2007 www.waterkeeper.org www.waterkeeper.org Spring 2007 Waterkeeper Magazine 57 MAKING HEADLINES IN THE
Everyday Waterkeepers are covered in the press – here are some Waterkeeper stories from News January 2007 Ice Forces Tanker From Land And Sea ity research and education,” she said. Nikiski Dock The Santa Barbara Independent — Santa “Instead of hiring attorneys, we will be Anchorage Daily News — Anchorage, AK Barbara, CA studying water pollution and teaching “Some apologists might argue the system A rollaway dumpster was fi lled to the Angelinos on what we must do to make worked because the tanker didn’t end up brim last week after members of Santa our rivers and beaches safe.” on the beach again,” said Cook Inletkeep- Barbara Channelkeeper confronted San er Bob Shavelson. “But any time you have Pedro Creek in Goleta with trash bags in Osprey Nest: If They Build an oil tanker forcibly removed from its hand. It, Will They Come? berth, it’s clear to most reasonable people Holmdel Independent — Holmdel, NJ there’s a serious problem.” End Of Year Storm Provokes According to NY/NJ Baykeeper Andy Beach Health Advisories Willner, in the not so distant past ospreys Regulatory Gap Stifl es Malibu Times — Malibu, CA were often seen nesting in the borough. Pollution Control One local teenage resident was not wor- But today, he believes there are no Voice of San Diego — San Diego, CA ried about the possible hazards presented ospreys nesting or mating in Keyport. “Every action you do, it has a ripple ef- by storm runoff into the ocean. “Oh, “Th e osprey pair that was nesting [here] fect. We tend to look at these things in yeah. Th ey always have that sign up. moved right across the harbor to Aber- boxes, and they’re not,” said San Diego Nobody pays any attention to it.” He de- deen,” Willner said. Coastkeeper Bruce Reznik. clined to give his name, saying, “My mom is into the Baykeeper, so she wouldn’t Transport Meeting Aimed At Extending Marine Reserves want to see my name in the paper.” Public Participation Must Be Done Thoughtfully Mobile Register — Mobile, AL The Argus — Fremont, CA Brayton Point Files Last- “If you are interested in where roadways California Coastkeeper Linda Sheehan Minute Appeal will go, how they will be built and the notes this proposal is “an essential part of Fall River Herald News — Fall River, MA plans involved in building them, you the puzzle” for restoring the health and “We have got to get this solved as soon need to come and let the offi cials hear size of fi sh. as possible,” said Narragansett Baykeeper your thoughts,” said Mobile Baykeeper John Torgan. “Th e corporation has cho- Casi Callaway. Problem Line Sees Surge sen a path of endless appeals, which is of Of Sewage great concern to us because these delays New Discharge Permit Wilmington Morning Star — Wilmington, NC continue to damage the bay further.” Hinges On Controversy Cape Fear Coastkeeper Mike Giles said Toledo Blade — Toledo, OH the surging fl ow numbers show how inef- Sewage Spills Garner Western Lake Erie Waterkeeper Sandy fective the actions by the state and local $2.5 Million In Fines Bihn said she recognizes the intake is governments have really been. The Log Newspaper — Irvine, CA separate from the discharge permit. But Santa Monica Baykeeper Tracy Egoscue she wonders if the warm water dis- said her organization is happy the issue charged into the bay contributes to the didn’t reach the courts. “Th is agreement proliferation of microcystis and other puts over 2 million into water qual- forms of blue-green algae that have
58 Waterkeeper Magazine Spring 2007 www.waterkeeper.org re-emerged almost annually in western Despite the decline in some levels of alumni, Dean Naujoks enforces legisla- Lake Erie since 1996 after nearly a 25- chemicals in the river, pollution is still tion to keep Falls Lake clean enough for year absence. a major concern, according to Kansas consumption. Riverkeeper Laura Calwell. Intentional Klamath Riverkeeper Wants dumping is a problem up and down the Unsolved Mystery: Klamath Hatchery Cleaned Up river, she said. Styrofoam In The Hudson kgw.com — Portland, OR Mid-Hudson News — Newburgh, NY Klamath Riverkeeper Regina Chichizola Citizens: Back Off The Marshes Riverkeeper has teamed up with Metro- has sent a 60-day notice of intent to sue Savannah Morning News — Savannah, GA North Railroad and others in an eff ort to under the Clean Water Act. “Lots of what we see here is not rules but fi nd out how the material got there. guidelines or suggestions,” said Linda Down The Drain Smith, who represented the Ogeechee- Groups Say More Funds, E/The Environmental Magazine — Norwalk, CT Canoochee Riverkeeper. “Th ey have too Action Needed For AL “Th e issue is non-point source runoff many outs and loopholes. If I sit a child Waterways from our homes and streets,” said Long in front of a plate of donuts and a plate of Times Daily — Florence, AL Island Soundkeeper Terry Backer. “It spinach and suggest he eat, what do you Black Warrior Riverkeeper Nelson ends up in Long Island Sound, and it af- think he’s gonna do?” Brooke said much more could be accom- fects public health.” plished with adequate funding. State OKs Disputed Transfer County Finally OKs Comp From Catawba Lawsuit Settlement Sends Plan Update Tryon Daily Bulletin — Tryon, NC Message To Developers To EmeraldCoast.com — Sandestin, FL “It’s a black day on the Catawba,” said Obey Law Th e Apalachicola Riverkeeper’s Dan Riverkeeper Donna Lisenby after hearing Emediawire — Ferndale, WA Tonsmeire urged commissioners not to the decision. “Th e opportunity for a re- How do you keep a river healthy? An- wait until 2007 to make comprehensive gional solution, collaboratively reached, swer: you have to keep the streams that plan changes regarding water access, is over.” feed it free fl owing and clean. And that wetlands protection and aff ordable is just what the Georgia Center for Law housing, but to delay enacting this comp Indian Point Nuclear Plant in the Public Interest – representing plan update for four to fi ve months until In Fishy Controversy Ogeechee-Canoochee Riverkeeper and those items could be incorporated in this WCBS-TV — New York, NY Altamaha Riverkeeper – has done by go-around. “It’s far, far too early to be alarmist,” said negotiating a settlement in their lawsuit Lisa Rainwater, Indian Point Campaign fi led against a Swainsboro developer in Exxon Mobil’s Biggest Oil director for Riverkeeper. “But what we’re United States District Court. Spill? Look In Brooklyn, Not looking at now, if it’s in the fi sh, that Alaska means it’s also been contaminating the Groups Claim Victory In Bloomberg — New York, NY soil, the sediment, the plankton.” Power Plant Fight “Th ere are people who live above this Poughkeepsie Journal — Poughkeepsie, NY that still don’t know about it,’’ said Basil Klamath Riverkeeper To Sue “Th is historic decision validates what Seggos, chief investigator for River- Pacifi Corp the environmental community has been keeper. Bizjournals.com — Charlotte, NC saying for decades,” Hudson Riverkeeper Klamath Riverkeeper on Wednesday fi led Alex Matthiessen said in a statement. Environmentalists’ Hopes Raised a 60-day notice of its intent to sue Paci- “Th e Clean Water Act requires use of the Baltimore Sun — Baltimore, MD fi Corp, claiming the utility is polluting best technology available. By ignoring “Our elected offi cials have to listen to us, Klamath River. that requirement EPA has thwarted the and I think that is refl ected in this deci- will of Congress and repeatedly failed to sion,” said West and Rhode Riverkeeper ‘Salt Marsh Soldiers’ Clean protect fi sh and wildlife from needless Bob Gallagher. Up, Study And Promote devastation at the hands of power plants.” Wetlands Farms Might Face Lawsuits Florida Times-Union — Jacksonville, FL Environmental Groups Hope York Daily Record — York, PA Th e students have gained insight into To Halt Cement Plant’s Lower Susquehanna Riverkeeper Michael wetlands ecology from experts such as Switch From Coal Helfrich said the ultimate goal is to pro- Altamaha Riverkeeper James Holland. CBC Ottawa — Ottawa, Ontario, Canada tect the river from being contaminated Th ey haven’t proved it won’t have with manure runoff . Water, Water, Everywhere... But negative ramifi cations yet,” said Mattson, Is It Clean Enough To Drink? president of Lake Ontario Waterkeeper. W Bottom-Feeding Fish Still NC State University Technician Online Not Safe For Consumption — Raleigh, NC Lawrence Journal World — Lawrence, KS Upper Neuse Riverkeeper and State
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 59
THE WATERKEEPER’S WAKE
CHAPTER SIX farther I travel, the more confusing all of this gets. Maybe I should head back, get my father to help…I’m not sure anymore.” A Great Team Sirena reached out of the water and gripped Kai’s hand tightly. “Kai, if you go back now you’ll By Rebecca Northan only waste precious time! Think about it. The more time you spend traveling back to your people – the longer the Great River will remain fouled, and who knows where my family, or the Waterkeeper might be by then?” “But I’m just a child!” Kai exploded. “Maybe I was wrong in thinking that I was old enough to take on such a task. I should have left this to a grown-up to take care of.” “Listen to me Kai,” Sirena soothed, “Your Noni and the people of your village trusted you enough to set out on your own – they believe in you, and so do I. Besides, it’s not like you have to do this on your own anymore – I’m coming with you.” “How is that possible Sirena?” Kai challenged, “You’re a mermaid, and I’m traveling by land.” Sirena giggled as she let go of Kai’s hand and pulled herself out of the water until she was rest- ing on the ground a few feet from where Kai was ai took the silver hand-shackles out of sitting. Kai looked on doubtfully as Sirena brushed Sirena’s hand and examined them. The the water from the iridescent, green scales of Kcraftsmanship was exceptional. They ap- her tail. She continued to massage her tail, while peared to be in relatively new condition and next humming a series of high-pitched notes. Kai was to the keyhole was engraved a coat of arms depict- astonished to see that Sirena’s scales seemed ing a simple shield supported on either side by a to be lifting, knitting themselves together, and lion and a sea serpent. smoothing out into what appeared to be a pale “I recognize this mark,” Kai exclaimed, running green fabric, which Sirena gently coaxed into the his thumb over the engraving, “It’s the King’s folds of a simple skirt. Beneath the skirt her tail emblem!” magically separated into two pale muscular legs! Sirena’s brow furrowed. “That doesn’t make Sirena carefully stood up and took a few ginger any sense Kai. King Cadassi is sworn to protect the steps towards Kai, then stumbled a bit. lands and peoples of the realm, why would he be “Whoa! Careful!” Kai blurted as he leapt for- involved with the disappearance of my family?” ward and caught Sirena around the waist. Kai sat back at the edge of the cave’s freshwa- Sirena leaned on Kai’s shoulder and gave him a ter pool where Sirena continued to bob gently, shy smile. “I’m a little out of practice, but it won’t fi xing him with an imploring stare. He ran a be long before I can outrun you, I’ll bet,” she chal- hand through his hair as he tried to make sense lenged. “All mermaids can leave the water, if they of everything that had happened in the last few need to. I can’t think of a better reason to than days. The Great River had been poisoned, killing what we’re facing now Kai. So – what’s the plan?” fi sh and vegetation all along its banks, leaving “Well – here’s what I’m thinking,” Kai ventured, everyone who depended on Her desperate for “I still don’t believe that King Cadassi, or any of Author Rebecca Northan drinking water and sustenance. Mysteriously, the his men would have anything to do with kidnap- is an actor and director. Waterkeeper had yet to make an appearance and ping your family. But – at the moment, these hand- set things right. And now, Kai was faced with yet shackles are the only clue we have to follow.” another complexity – a mermaid whose family Sirena nodded her agreement. “I was also seemed to have been kidnapped by someone from thinking Kai, that the King may be just the person the King’s guard. Kai leaned down and took a long to help us fi nd the Waterkeeper. At the very least, drink of clean water and then splashed some into he’ll be able to offer us some support and resourc- his face. es. The Great River is everyone’s concern.” “Well, Kai?” Sirena prodded, “What are we go- “To the King’s Court then!” Kai exclaimed. ing to do?” “To the King’s Court!” Sirena echoed. “I think Kai felt lost. “I don’t know Sirena. I never ex- we’re going to make a good team.” W pected any of this. When I left my village I thought fi nding the Waterkeeper would be easy – but the Stay tuned for the next chapter in Summer 2007. Ideas for the story? Contact [email protected]
62 Waterkeeper Magazine Spring 2007 www.waterkeeper.org Best Movies by Farr
In the Navy Part 2
ow comes my fi nal installment of Navy Run Silent, Run Deep (1958): In veteran direc- fi lms which fl oat my boat, with all titles tor Robert Wise’s tense, trim “Run,” an aging but Nreadily available on DVD. vigorous Clark Gable plays Commander Richard- In Which We Serve (1942): With Britain in the son, a career Navy offi cer who wrangles one last By John Farr pit of the Second War, playwright Noel Coward was submarine command a year after his last sub was desperate to develop a morale-boosting fi lm, and torpedoed in Japan’s perilous Bungo Straits. His this was the result. Based on the wartime exploits second in command is Lt. Jim Bledsoe (Burt Lan- of his friend Lord Mountbatten, co-director/writer caster) who’d been in line to helm the sub. Crew Coward plays Captain Edward Kinross, com- unrest grows as Richardson drills the crew merci- mander of the destroyer HMS Torrin, sunk by the lessly on maneuvers (“Dive! Dive!”), and it dawns Nazis. As Kinross and his small crew cling to a raft on Bledsoe that Richardson intends to bend his in hope of rescue, we experience the lives of each orders to pursue the infamous Japanese destroyer survivor via fl ashback; notably, Kinross himself that slammed him before. “Run” remains not only and one Seaman Shorty Blake (Mills). With Cow- a riveting war fi lm, but one of mega-star Gable’s ard at the helm as writer, star and score composer, last shining moments. BILL ABRANOWICZ David Lean handling most of the direction and Damn The Defi ant (1962): Lewis Gilbert’s future director Ronald Neame the cinematography, overlooked British entry fi res on all cylinders. the result is one of Britain’s very fi nest war fi lms. Set during the Napoleonic Wars at the end of The cruel Destination Tokyo (1943): Still smarting from the 18th century, Captain Crawford (Alec Guin- Padget the Pearl Harbor attack and subsequent Japanese ness) runs a tight ship, the H.M.S Defi ant. What victories, seasoned submarine captain Cassidy the fair-minded Crawford doesn’t count on is undermines (Cary Grant) helps the allies go on the offensive in his new second-in-command, First Lieutenant Crawford’s the Pacifi c in the thick of the Second World War. Scott-Padget (Dirk Bogarde) a young martinet-in- His daring mission: to plant his sub right smack the-making with friends in high places. The cruel more humane in Tokyo Bay, get a landing party ashore, and bring Padget undermines Crawford’s more humane instincts, back intelligence vital to the success of a major instincts, turning the crew into a mutinous horde. upcoming air engagement. Notwithstanding some Meanwhile, there’s a war on, and French ships to turning the explicit anti-Japanese sentiment, crew rough-hous- sink. Director Gilbert shows a sure hand here and crew into a ing and sappy longings for home, “Destination” the denouement is worth waiting for, with stun- mutinous stands as a fi rst rate propaganda picture. Cassidy’s ning color footage recreating these beautiful ships tender thoughts of his wife and son served then as in full battle mode. horde. a potent reminder of what we were fi ghting for. And The Hunt For Red October (1990): When a Rus- the movie only improves the closer we get to Japan, sian nuclear sub goes off its intended course and and the outcome of the sub’s perilous assignment. heads for the United States, CIA analyst Jack Ryan The Cruel Sea (1953): In the Royal Navy’s mer- (Alec Baldwin) must decipher whether the crew’s chant fl eet during World War II’s crucial Battle of intention is to attack America or stage a mass the North Atlantic, the seasoned Captain Ericson defection. With only Soviet captain Marko Ramius (Hawkins) takes command of a convoy escort (Sean Connery) knowing the answer, tension vessel dubbed “Compass Rose.” His crew is less mounts on both sides until the nail-biting fi nish. than ideal, with a largely incompetent fi rst lieuten- The fi rst and best of the Tom Clancy fi lm adapta- ant (Stanley Baker) holding a large chip on his tions, “Hunt” is a sharp, nerve-jangling dooms- shoulder, bullying green cadets Lockhart and Fer- day thriller. With the peerless Connery joined by raby (Donald Sinden and John Stratton). Ericson’s Alec Baldwin, Scott Glenn, James Earl Jones, and charge is challenging and thankless: to transform Sam Neill (particularly good here as Ramius’s his men into a solid fi ghting team, while avoiding loyal second-in-command), and directed by John the German U-Boats on the look-out for their ship. McTiernan, “Red October” delivers high-octane, With a literate, nuanced script by Eric Ambler, this high testosterone adventure, packed with stars we war fi lm is distinguished by the stunning work of know and love. W Hawkins as Ericson, patiently but fi rmly coalesc- ing an inexperienced, fractionated group of young For more ideas on great movies on DVD visit www.bestmoviesbyfarr.com men into a profi cient crew.
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 63 On Lispenard Street in Tribeca you’ll find one of New York’s best kept culinary secrets. Japanese restaurant Tataki specializes in fish: raw or cooked, in soups or served whole with head and tail, steamed or grilled, fried or sauteed. Kitchen chef Mei Lin and sushi On The Table chef James work their magic to feed hungry diners. Every day owner-manager Joe-e Giles Ashford visits a dozen or so seafood markets in Chinatown, Little Italy and the Lower East Side searching for the city’s freshest fish. Featured here are a pair of Axe Butterfish from { Florida. www.Ashford7.com
(((((( Beating Around the Bush ))))))))))))))))))))))))
Two Acres Forward, Three Acres Back
Bush administration backs off open season on wetlands in Mississippi – Later declares ast fall, the Army Corps of Engineers pro- their revised proposal: allowing the destruction open season posed a new permitting scheme for six of up to three acres of wetlands for construction on wetlands. Lcoastal Mississippi counties that would al- or expansion of development projects. Th e Corps low developers to destroy up to fi ve acres of non- added some additional conditions to their pro- tidal wetlands and waters per development project. posal, for instance, carving out the already severely Th ey claimed the change was needed to address fl ood prone Turkey Creek watershed as off limits, the urgent redevelopment needs of coastal Missis- and prohibiting destruction for recreational pur- sippi in the wake of Hurricane Katrina. Th eir logic poses or in the 100-year fl oodplain. However, the was fl awed. Allowing developers to destroy wet- revised plan remains grossly illogical and down- lands would increase fl ooding and put everyone at right dangerous. Protection for wetlands in fl ood increased risk. Th anks to an outcry from members impacted areas should be strengthened, not weak- of the threatened communities and nationwide ef- ened. Th e Corps has shirked their responsibility to fort by wetlands activists - including 7,500 written protect the public again. Waterkeeper Alliance is comments – the Bush administration abandoned urging the Corps to withdraw their proposed plan the proposal. and put the people fi rst. W Th e Corps went back to the drawing board, but didn’t learn a thing. Th is spring the Corps released
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WATERKEEPER Volume 3, Number 4 Spring 2007