For Birds, Fish & People

WATER For Birds, Fish & People

By Gordon Berg September 1995 .0faradid / 1- aq 7 15

For further information contact: Gordon Berg RR5, Box 86 Devils Lake, ND 58301 701-662-2515 News Release

DEVILS LAKE Sept. 8 - Gordon Berg of Devils Lake, chairman of the Devils Lake- Sheyenne-Red River Advisory Committee, said today that efforts to send Devils Lake water through an outlet to Canada will not be successful without the inclusion of an inlet. "The Canadians have two primary concerns about accepting our water," Berg said. "First, they will stop any transfer of water which contains non-native species of fish and fish diseases. Secondly, they are concerned about the salts in the water they will be receiving. They will reject water with more than 500 parts per liter of total dissolved solids, as was agreed to in the Boundary Waters Treaty of 1909."

-The plans which provide for only a west end outlet from Devils Lake to the Sheyenne River will aggravate the problem of salts for Canadians and for cities downstream, such as Valley City, Fargo and Grand Forks, which take their municipal water from the Sheyenne and Red Rivers. If the best quality water from Devils Lake is sent downstream, this will leave Devils Lake with the poorest quality water still in the lake and the salts in the lake will continue to concentrate. If water is to be taken from north of the Island Road, eventually, poorer quality water from the main lake will flow back into West Bay and we'll be back where we started from. At any rate, taking water from north of the Island Road does not provide flood control on the main lake and almost guarantees a fish kill because of the continued concentration of salts. Present plans calling for Devils Lake water to be pumped into Stump Lake will only turn that lake into a saline sewer. Stump Lake needs an inlet and an outlet as much as Devils Lake does.

"Only by including an inlet for Missouri River water which has been treated for biota to blend with Devils Lake and Sheyenne River water, can we overcome the objections of downstream cities and the Canadians," Berg said. "Not only that, we have to press for an inlet while we have the chance, while we have an emergency, otherwise federal assistance will probably not be forthcoming for an inlet.

"This is no time for Band-Aid solutions," Berg said. "We have to present a comprehensive plan which will provide water for the stabilization and the freshening of Devils Lake; which will provide flood control for Valley City, Fargo and other towns on the Red River; which will provide good quality water in sufficient quantity for their municipal needs; which will provide water for migratory waterfowl and fish; and will give Canada the quality of water which it demands. My plan accomplishes all those goals.

For further information contact: Gordon Berg RR5, Box 86 Devils Lake, ND 58301 701-662-2515 WATER FOR BIRDS, FISH AND PEOPLE

BY GORDON BERG

This proposal utilizes the Sheyenne River to provide flood control on Devils Lake and the Sheyenne and Red Rivers during periods of excess moisture; provides water for Devils Lake and the two rivers during times of drought; and meets the concerns of downstream cities and Canada.

This is a comprehensive plan to manage our water resources for the benefit of birds, fish and people. It utilizes an inlet and an outlet to Devils Lake and an inlet and an outlet to Stump Lake. Without inlets and outlets to both lakes, it will be impossible to accomplish the goals stated.

History

At one time the Red River Basin was under an ocean. That left salt in the soil. Rains and resulting high water tables leach the salt out of the earth and add salt to runoff water which ends up in our rivers and lakes, including Devils Lake.

There is documentation in Winnipeg that there was a big flood along the Red River in the mid-1820's. Roche, an early French fur trader on Rock Island (Camp Grafton) in the 1820's reported the level of Devils Lake at from 1453 to 1466. Nicollet in about 1830 reported the level of the lake at 1476. By looking at the ancient beaches close to the lake, one can see it had to have been at least 20 feet higher than its present level and has probably flowed into the Sheyenne and Red Rivers on several occasions.

When Devils Lake overflowed in the mid-1820's it carried 2 million acre feet of water to the Hudson Bay, along with 2 million tons of TDS.

The Band-Aid Solution

Present plans call for only an outlet to Devils Lake, requiring the purchase of expensive pumps to maintain and operate. The best quality water from north of the Island Road across Minnewaukan Flats would be sent downstream, leaving the remainder of the lake with high concentrations of salts which would continue to concentrate. Eventually the salts will concentrate to the point where fish will not survive. This did happen in 1889 when the level of the lake was at an elevation of approximately 1430, certainly high enough to sustain a fishery. However, the lake was too saline for fish to survive. Around the turn of the century water in Creel Bay was tested and it contained more than 8500 TDS. During the dry years of the 1930's the lake dried up and the wind blew the salt out of the lakebed onto the surrounding farmland. When the water came back to Devils Lake, vast quantities of the salt had been removed and the water quality was better. Today it is about 1800 TDS. Fish did not return to the lake until 1950. That salt which blew out of the lake is presently making its way back into Devils Lake and unless man intervenes, the salts will continue to concentrate in the lake. Sending the best quality water downstream can only aggravate the problem and insure a fish kill.

Another part of this plan is to hold water north of the lake before it gets into the lake. There is talk of holding from 100,000 to 300,000 acre feet of water on land north of the lake. This appears to be unrealistic because Lake Irvine, Lake Alice, Chain Lakes, Dry Lake and Sweetwater Lake combined hold less than 100,000 acre feet of water. Where is this land that's going to hold all this water?

The only realistic approach to maintaining water on cropland is through the Water Bank Program with proper compensation to farmers for holding water for birds and wildlife. With the Water Bank Program the property tax base can be maintained for revenues for our schools and roads.

The Band-Aid solution does not provide for an inlet. It is a mistake to separate the inlet and the outlet because this is an emergency and federal assistance is available for emergencies. Once the outlet is built, it's unlikely there will be any money forthcoming from the federal government for an inlet. But if the inlet is a part of the comprehensive plan, there will be federal assistance available.

The Band-Aid solution does not provide flood control for anything but that area of the lake north of the Island Road. There is no flood control for the main lake except the hypothetical storage of water north of the lake. There is no flood control for Fargo or Valley City or the people living along the Red River.

Pumping the salty water from Devils Lake to Stump Lake will only turn Stump Lake into a saline sewer. Stump Lake needs an inlet and an outlet as much as Devils Lake does.

THE COMPREHENSIVE PLAN

The Dam

A dam on the Sheyenne River 4 miles east of the city of Sheyenne is at the heart of the plan. The top of the dam would be at an elevation of 1440 MSL with a control gate, making it possible to divert water to a coulee running north-northwest in the direction of Devils Lake. The Sheyenne River at the point where the dam would be constructed is approximately 10 feet lower than an optimum Devils Lake level of between 1426-1429 MSL. The dam would back up water approximately 14 miles in the Sheyenne River Valley until it got high enough to flow into Devils Lake through a channel cut in the coulee. There would be no need for expensive pumps to operate and maintain.

The channel through the coulee would have to be constructed to carry approximately 1500 cfs. The channel would serve dual purposes. It would bring water into the lake and remove water from the lake. Of its total length of approximately 9 miles, excavation would be necessary on about 7 miles, with a maximum cut of 60 to 70 feet for about 3 miles. It should be possible for boat traffic to move from the river to the lake and vice-versa. The Devils Lake Sioux Tribe has indicated it is in favor of using this route for the channel. In the spring, when the water in the Sheyenne River is high, the water can be diverted to Devils Lake instead of allowing it to flood Valley City, the lower Sheyenne Valley, Fargo and other communities on the Red River. Devils Lake would serve as a holding pond for excess river water. This would save approximately $2 million in flood damages annually.

Timing considerations make this possible. One must remember that inflows from the watershed above Devils Lake arrive at the lake significantly later than flood flows which normally occur on the Sheyenne River in the spring. The argument that whenever flooding is a problem on the Sheyenne there will also be a flooding problem in the Devils Lake Basin is simply not valid for two reasons: 1) the two watersheds are two distinct basins, displaying different characteristics at different times; and 2) even if both basins were to experience flooding, they would likely not experience it at the same time, based on existing records.

The flood control feature associated with the inlet-outlet plan is a conservation measure in that every drop of Sheyenne River water which can be used is that much less treated Missouri River water which will be needed in times of drought, saving approximately $1 million per year of electrical costs. In extreme high run-off years such as 1950 approximately 150,000 acre feet of water flows by us on the Sheyenne River. In low run-off years like 1961 about 6,000 acre feet of water flow by in the Sheyenne River. The average the past 35 years has been about 40,000 acre feet of water flowing by annually.

Water Quality

The quality of water which will be released to downstream cities and Canada is of the utmost importance. Following are water quality samples taken on Devils Lake by the ND Department of Health on May 15, 1995:

Sulfates (mgl) TDS (mg1) 1. .-;st, Bay at 0.5 meters 397 1000 la. West Bay at 4.0 meters 416 1020

2. Six Mile Bay at 0.5 meters 461 1070 2a. Six Mile Bay at 5.5 meters 482 1130

3. Creel Bay at 0.5 meters 823 1780 3a. Creel Bay at 7.0 meters 822 1800

4. Main Bay at 0.5 meters 870 1840 4a. Main Bay at 9.0 meters 856 1860

5. East Bay at 0.5 meters 1580 3270 5a. East Bay at 6.0 meters 1570 3310

6. East Devils Lake at 0.5 meters 3770 7570 One also must look at the water coming into Devils Lake. Water Resouces Data North Dakota Water Year 1993 put out by the US Geological Survey reports the following:

Gage and Station Total Dissolved Solids (mg/liter) Mauvais Coulee Trib. No 3 near Cando 429 Mauvais Coulee near Cando 572 Edmore Coulee near Edmore 329 Edmore Coulee tributary near Webster 357 Starkweather Coulee near Webster 336 Dry Lake near Penn 357 Lake Alice near Churchs Ferry 436 Lake Irvine near Churchs Ferry 536 Little Coulee near Brinsmade 593 Big Coulee near Churchs Ferry 429 Channel A near Penn 415

Average 436

Missouri River water contains from 420 to 600 mg/liter of TDS. This means the water flowing into Devils Lake is of comparable quality to Missouri River water. Sheyenne River water is also similar to Missouri River water.

Sheyenne River water brought into the west end of Devils Lake during high flood flow periods would have the effect of pushing the salts in an easterly direction through the Devils Lake chain. Under this scenario, the elevation of East Stump Lake would be increased 15 feet to approximately 1415 MSL, reducing the TDS concentrations to a level which would allow releases to the Goose River during periods of high flow on the Red River. Some years the diversion would be possible only during the typical spring runoff and in other years when flows on the Red River remain high beyond the normal spring runoff, the period during which releases could be made would be extended accordingly. Stump Lake would have a TDS concentration of about 7,000 mg/liter at an elevation of 1415. During the approximately 35 days in the spring when the flow of the Red River is approximately 10,000 cfs with TDS of approximately 350, a total of 300 cfs can be let out of Stump Lake. This will raise the TDS of the Red River to approxmately 500. But as the Red River flows north of Grand Forks, the flow increases to 40,000 cfs, effectively lowering the TDS level to 400. The boundary waters treaty states the TDS level should be less than 500. Thus, the outlet from Stump Lake should cause no objections from Canada. Approximately 20,000 acre-feet of water could be let out of Stump Lake each year. In 10 years the TDS level in Stump Lake will be reduced from 7,000 to 2,000. And Devils Lake from ND 57 to the Minnewaukan Flats will be freshened to about 500 TDS as good quality water from the Sheyenne River blends with the saline water of Devils Lake. Fish will reproduce in water under 800 TDS.

After the flows on the Sheyenne River and the Red River go down, then water can be let out of the Minnewaukan Flats into the Sheyenne River. This water would be a mixture of Sheyenne River water and lake water and would be of quality similar to that found in the Sheyenne River. The lake could be lowered enough to make room for next spring's influx of water from the river.

The US Army Corps of Engineers should build, operate and maintain the inlets and outlets to Devils Lake and Stump Lake and operate both outlets for maximum water quality and flood control under the Boundary Waters Treaty of 1909.

Another part of comprehensive plan is to tie the Mayville municipal water system to the Traill County Water System, which has better quantity and quality of water than the Goose River.

The Biota Problem

According to Webster, biota is defined as the plant and animal life of a region. The Devils Lake Basin, which drains into Hudson Bay, has its own biota. The Missouri River Basin, which drains into the Gulf of Mexico, has its own biota. There are some differences in the biota of the two basins. For instance, striped bass do not occur naturally in that area which drains into the Hudson Bay. The Canadians are fearful that striped bass or other non-native fish could displace native fish in Lake Winnipeg and Lake Manitoba, thus decimating the commercial fishery. There may be specific diseases carried by the striped bass or other non-native fish which also could decimate the fishing industry. It is not known what will happen if non-native fish get into Canadian waters, but the Canadians don't want to find out because by then it's too late. So to protect their interests, they will put a stop to any plan which might introduce non-native biota into the Hudson Bay drainage system.

North Dakota has a poor record in its dealings with Canada in this regard. Despite protests from Canada, the ND Game and Fish Dept. introduced a number of non-native fish to North Dakota. The striped bass was introduced to Devils Lake in 1977. Fortunately, it appears the striped bass can't reproduce in a mud-bottom lake like Devils Lake. It appears there are no striped bass remaining in Devils Lake. Despite protests from Canada, the ND Game and Fish Dept. introduced the zander but this experiment also failed. Plans were underway to introduce more zander, when Gov. Sinner ordered these plans shelved. Gov. Schafer continues this ban on the introduction of non-native species to North Dakota waters. But nobody knows what succeeding governors may do.

It is essential that the State Legislature pass a law stating there will be no introduction of non-native fish to North Dakota waters unless all bordering states and provinces agree it is permissible to do so. Or the law could state that the State Legislature would have to grant permission to introduce non-native species into North Dakota waters. If there were objections from any state or province, it is doubtful the State Legislature would grant such permission.

At present the Canadians are adamantly opposed to any Missouri River water entering the Hudson Bay watershed because of the issue of biota transfer. However, if there were no biota in the water, the Canadians would have no objection. There is already a fish screen in place near McClusky to keep Missouri River fish and fish eggs from entering the Hudson Bay watershed. If an ozone treatment plant were constructed in conjunction with that fish screen on the continental divide between the Gulf of Mexico drainage system and the Hudson Bay drainage system, the Missouri River water entering the Hudson Bay drainage system would be cleansed of all biota. Once the water is treated, there should be no reason for Canadian objections. The ozone treatment plant would have a treatment capability of 300 cfs (100 cfs for water supplies for Fargo, Grand Forks and other eastern North Dakota communties and 200 cfs for migratory birds in Devils Lake, the Devils Lake watershed and along the length and breadth of the Sheyenne River). The treated water would go to the Lonetree Wildlife Management Area. Even during periods of drought this would provide treated Missouri River water for Lonetree Wildlife Management Area, the Sheyenne River, Devils Lake and the cities in eastern North Dakota, western Minnesota and Canada.

Obviously, migratory birds and fish would benefit from this fresh water in times of drought. One of the main benefits would be the reduction of bird diseases such as botulism and Newcastle's disease because of the ability to maintain water quality and water levels during periods of drought.

The ozone treatment plant should be built and operated by the Bureau of Reclamation. The US Fish and Wildlife Service should manage the Lonetree Wildlife Management Area.

Cost

The cost of this entire project is approximately one-tenth the cost estimate of completion of the Garrison Diversion project. It fulfills most of the goals of the Garrison Diversion project except for the irrigation feature. It is doubtful the irrigation features of the project will be completed at this time because it is unlikely the US Congress will allocate money for irrigation when there are more than 30 million acres in the Conservation Reserve Program..

Feature Estimated Cost (millions) Ozone treatment plant at McClusky $30 Channel between Devils Lake and Sheyenne River 11 Channel between Devils Lake and Stump Lake 3 Dam and control structure on Sheyenne River 20 Property, engineering, electric line 10 300 cfs pump and 12 miles of pipe to Goose River 2 Total $76

Dirt from the outlet channel could be used to build the dam, lowering costs of that portion of the project. WEST BAY DEVILS LAKE DEVILS LAKE

MINNEWAUKAN EAST BAY DEVILS LAKE

, a EAST )2i4,144) DEVILS LAKE WEST MAIN BAY STUMP LAKE DEVILS LAKE

ryze EAST t STUMP LAKEk

30d c t: spoo" TOLNA it ivER

AATURES: * 10 mile long channel with the Sheyenne River to Devils Lake in lower ravine from Devils Lake to the Sheyenne River Generalized Project Location Map

\ID RUGBY

MINOT DEVILS SOURIS LAKE RIVER

i lloHEYENNEot• SKEIENNIE RIVER Ni ER LONETREE DAM WILDLIFE MANAGEMENT HARVEY AREA LAKE AUDUBON OZO•JE. NEW ROCKFORD - ritEATA-te.4 PLAI T ••■ap

McCLUSKY kot t Jr JAMES McCLUSKY RIVER CANAL WASHBURN

MISSOURI RIVER

JAMESTOWN BISMARCK

4atch 1, 1993 (Draft) ES-7 RESOLUTION - REGARDING ZANDER INTRODUCTION INTO NORTH DAKOTA - WHEREAS, the North Dakota Game and Fish Department attempted to introduce

the European sander (Stizostedian LucioDerca) into North Dakota in 1986, failing only because of unavailability of eggs; and

WHEREAS, there is risk that introduced species may cause ecological damage and

spread beyond state waters; and

WHEREAS, the position of the American Fisheries Society is that introductions

should be undertaken only with thorough evaluation and consultation with other poten-

tially affected jurisdictions, and that those other jurisdictions should have veto power; and

WHEREAS, other jurisdictions of the watershed have not been consulted relative to

the proposed introduction: now, therefore, be it

RESOLVED, that the American Fisheries Society, assembled at its 117th Annual

Meeting, September 16, 1987, in Winston-Salem, North Carolina, urges the North Dakota

Game and Fish Department to delay introduction of sander until a thorough evaluation as

outlined in the American Fisheries Society position statement has been completed, includ-

ing consultation with other potentially affected jurisdictions, and be it further

RESOLVED, that a copy of this resolution and the American Fisheries Society posi-

tion statement be sent to the Director of the U.S. Fish and Wildlife Service, the Commis-

sioner of the North Dakota Game and Fish Department, and the Fisheries Directors in all states and provinces bordering North Dakota and in the Missouri River drainage. Manitoba -b

Minister of Room 118 Natural Resources Legislative Building Winnipeg, Manitoba, CANADA April 27, 1987 R3C OV8

Honourable George Sinner Governor of North Dakota State Capitol, First Floor Bismarck, North Dakota 58505

Dear Governor Sinner:

You will have received a letter from the Honourable Howard Pawley, Premier of Manitoba, alerting you to Manitoba's concerns in respect to North Dakota's planned introduction of Zander fish into state waters.

The Uanitoba Department of Natural Resources asks that the potential for trunSboundary movement of this foreign species and the impact this close relative of the North American Walleye and the Sauger may have on our native fish species be recognized and considered.

The introduction of exotic species has long been used by fisheries managers as a tool to increase recreational opportunities or to mitigate fishing losses due to habitat degradation. However, past experiencs have not always been totally beneficial. For example, the deliberate or unintentional introductions of Comm= Carp and Walking Catfish have proven to be ecological disasters. The widespread introduction of Rainbow and Brown Trout have generally been considered desirable by the angling community, although these two species have probably displaced the native Brook Trout and Atlantic Salmon to varying degrees. - Presently, Manitoba is witnessing the rapidspread or while isass 'GU detriment of our most important commercial fishing water y, Lake Winnipeg. This species was initially introduced by North Dakota into Lake Ashtabula to increase recreational opportunities. It readily migrated down the Sheyenne River to the Red River, north into Lake Winnipeg 'there it is now firmly established.

The introduction of a new species is generally risky and the probability of damaging the native fish population at least as great as enhancing it. As you are aware, Canada and Manitoba opposed the "Authorized Plan for the Garrison Diversion Project" because of its potential to transfer foreign species of fish, fish parasites and fish diseases from the Missouri River Basin to the Hudson Bay Basin with resulting irreparable damages to Manitoba's fisheries. Before a new species is deliberately introduced, serious consideration must be given to the potential risks involved. Zander is both genetically and ecologically similar to walleye and sauger, creating a strong possibility of competition and interbreeding between the species. Considering the importance of walleye and sauger to the recreational, subsistance and commercial fisheries of Manitoba, any potential Impingement upon these fisheries is a cause of concern. Manitoba, in particular, opposes the introduction of Zander into waterbodies from which they may have access to the Hudson Bay watershed.

We recognize the desire of North Dakota to improve recreational fishing opportunities within its boundaries; however, this should not occur at the expense of a neighbouring jurisdiction's fisheries. Once an introduced species has became established, it is virtually impossible to reverse the process. We strongly urge the State of North Dakota, Department of Game and Fish to follow the protocols for the introduction of exotic species espoused by the American Fisheries Society before embarking an this program.

Manitoba would welcome the opportunity to discuss at the officials level this issue with the State of North Dakota at the earliest opportunity.

Yours truly,

A Leonard E. Harpiak, Minister cc: Honourable Joseph Clark, Minister of External Affairs Donald Holden, Secretary of the Interior bc: Honourable Thomas Siddon Worth }:azden___ Dale Stewart R. N. Clarkson

RNC:mvm HOUSE OF REPRESENTATIVES STATE CAPITOL gig"11bouiCTA "manNUAL MSMAPOK,NOS&W5

Roo. Gordon Barg COAVAITTIES: District 1$ Rout* finance and Taxatio Devils Lakc ND SC01 Natural Resources November 'A, 1989

Honorable Quentin N. Burdick United States Senator 511 Hart Senate Office Building Washington, DC 20510-3402

Dear Senator Burdick:

As you know, concerns relating to the issue of the interbasin transfer of fish, fish eggs, fish diseases, biota, and undesirable plant species from the Missouri River Basin to the Hudson Bay Basin by Missouri River water transfers contemplated pursuant to the Garrison Diversion Unit Project have detrimentally affected the progress of this project.

However, experts have recognized that migratory waterfowl moving between and among drainage basins have facilitated transfers of fish, fish eggs, fish diseases, biota, and plant species between and among drainage basins. In addition, the North Dakota Game and Fish Department has been stocking fish raised at the Garrison Fish Hatchery in lakes and rivers located within the Hudson Bay Basin for the past 25 years. Water used at the fish hatchery is obtained from the Missouri River and is introduced along with the fish into lakes and rivers within the Hudson Bay drainage system. Based upon this evidence, it is clear that any possible transfer of biota from the Missouri River Basin to the Hudson Bay Basin has already occurred. If Missouri River system biota are not found within the Hudson Bay system, it is due to climatic factors and not to the fact that there has not been any exchange of water between the two systems.

With this knowledge in mind, the possibility of transferring Missouri River water to the Souris, Sheyenne, James, and Red rivers should be restudied. Completion of the Garrison Diversion Unit Project would stabilize water flows in these rivers, alleviate pollution and disease problems caused by no flows and low flows, and stabilize water supplies for municipal, rural, and industrial water uses which would greatly enhance economic development in these areas. Research relating to diseases affecting migratory waterfowl has shown that these diseases may be minimized by stabilizing water bodies used by migratory waterfowl and introducing water to freshen these systems. Thus, a stable and reliable source of water would greatly enhance migratory waterfowl habitat and result in increased migratory waterfowl populations. In sum, the use of Missouri River water to alleviate water supply distribution problems in the Souris, Sheyenne, James, and Red rivers should move forward.

Sincerely,

Gordon Berg State Representative

GB/KJM

Honorable Gary Albert Filmon Room 204 Legislative Building Winnipeg, MB R3C 0V8

Honorable Grant Devine Room 226 Legislative Building Regina, SK S4S 083

Mr. Lloyd Jones Commissioner Game and Fish Department 100 North Bismarck Expressway Bismarck, ND 58505

Honorable Quentin N. Burdick United States Senator 511 Hart Senate Office Building Washington, DC 20510-3402

Honorable Kent Conrad United States Senator 361 Dirsen Senate Office Building washin :;—.n,- DC 20510

Honorable Byron Dorgan United States Congressman 109 Cannon House Office Building Washington, DC 20515-3401

Mr. Russell Dushinske Chairman Garrison Diversion Conservancy District P.O. Box 140 Carrington, ND 58421

Governor George A. Sinner Chairman State Water Commission State Capitol Bismarck, ND sesos

Mr. David Spryncsynatyk State Engineer State Water Commission State Capitol Bismarck, ND 58505

Mr. Michael Dwyer Executive Director North Dakota Water Users Association P.O. Box 2254 Bismarck, ND 58502 Nowt G an& vrcrr eollos". cekewwwww WANK I. MUM ..AWAA WOW O. etATIMR.0. WHOM I no 111Wills1 ALAAAA mu el Wulaps7 spun. cA/CuileA J. WANT ..0004 00 i.01./114AWA JAMES lit0.1.011. Ctu Guileful m. 11000CI. eillefle OAAOTA AflGAMes. ULAN PAM= J LUNY WINAKArr MAO COCHAAA hessasupp, Jai YAW rINOWSSII WNW, W Cut Tile JIL latter' Statts 6SErnate peewee wows. &AMA& itiffaUele Cc *emit) mug rose E -- W A 11 aupws law 14AMPWW111 pour evuoises mum COMMITTEE ON APPROPRIATIONS WAWA A LIII.reUellifil. mieW Jinn SPtCTIR PIAMMITI.VAINA ecrt V. GOWN°. NM IlLOCO ?OW KAMM Cum WASHINGTON, DC 20510-8025 11■04.4AA restiUltl. IMIIMAMO MMUS t UMW. IOWA NAAR,w worAwe Dow 'mecum memoir* ea= Aiwa *A$ G?O PIS. SAAANI. rUAS *now memo Jet. MAMA J. NOWT KURA WISAAS&A JAMES k 0101.111u. SUM 001K7011 .1 MERV UPOOLIVI. IduKalfff raft 0811101:411 November 16, 1989

Mr. Roger Patterson Regional Director, Regional Office Bureau of Reclamation Department of the Interior P.O. Box 36900 Billings, Montana 59107-6900

Dear Mr. Patterson:

Enclosed is a copy of a letter I received from State Representative Gordon Berg regarding Canada's concerns related to the potential transfer of biota into the Hudson Bay Basin from the Garrison Diversion project.

Representative Berg's letter discusses the issue of past fish stocking activities by the North Dakota Game and Fish Department. •

I understand that the Bureau of Reclamation, as a result of the September consultations with Canada, will participate in a joint U.S./Canadian technical committee which will discuss in more detail Canada's concerns related to biota transfer. I suggested to Representative Berg that this working group may be the best forum in which to explore this issue and am tnerefore forwarding his letter to you for consideration.

If you have any questions about this matter, please feel free t= contact me.

With warm regards, I am

Sincerely,

Quentin N. Burdick

QNB:bmv

Enclosure

cc: The Honorable Gordon Berg Mr. Emerson Murry Mr. Charlie Richter Mr. Dave Sprynczynatyk THE PREMIER OF MANITOBA

LcgiNlative Building Winnipeg. Manitoba. CANADA R3C OV8

January 19, 1990

Mr. Gordon Berg State Representative House of Representatives District 15 Route 5 Devils Lake, North Dakota 58301 Dear Mr. Berg: Your recent letter puts forth your position in respect to the need for the diversion of Missouri River water to the Hudson Bay Basin and your assessment of the lack of danger of the transfer of undesirable biota between the two river basins. As you are aware it has been, and continues to be, Manitoba's position that there exists a real danger to the commercial and fishing industries of Manitoba from the introduction of exotic biota into the Hudson Bay Drainage Basin. It is your position that there has existed for sometime means by which biota from the Missouri Basin could have been introduced into the Hudson Bay Basin and this has not occurred. You, therefore, conclude that any possible transfer of biota has already occurred and that the difference between the biota content of the two basins arises from climatic factors and not because of the lack of opportunity for exchange of biota. In respect to the possible transfer of biota by migratory birds I would refer you to the report of the Tr-College University Center for Environmental Studies, Fargo dated April 1983 in which it was concluded that "Extensive searches of literature in zoogeography, ichthyology, limnology, fishery management, animal ecology, and avian biology have not provided documentation to support the hypothesis of aquatic organisms being readily moved between =connected basins. While a simple unequivocal yes or no cannot be given in response to the question of undesirable fish moving between the Missouri and Hudson Bay drainages in the absence of a water connection, the lack of evidence for such dispersal plus present distribution patterns suggest it is infrequent, except in the case of human intervention." -2-

The presence of Carp in the James River but not in the upper reaches of the Sheyenne River or Devils Lake is given as an example of the lack of biota transfer except through human intervention.

Human intervention has been shown to have resulted in almost every transfer of biota between water sheds. Such action for instance, as is pointed out by the above report, accounts for the fact that white bass introduced into Lake Ashtabula in 1953 is now found in Lake Manitoba. Such intervention has also resulted in the presence of rainbow smelt in Lake Sakakawea and in the Rainy River system of Minnesota and Northern Ontario.

The matter of the possible transfer of biota through the transfer of fish from hatcheries in Lhe I'disocuri Basin to the Hudson Bay Basin was raised during the deliberations of the Garrison Diversion Unit Commission in 1984. Manitoba responded to this matter by pointing out that "the danger of introducing unwanted species has been removed because within the hatchery, care is taken to ensure that only the species being raised and transferred are present within the specific hatchery bed. Fish pathogens have a tendency to flair up when fish are under stress such as in a hatchery. Most viruses, bacteria and parasites that affect fish have been identified in hatcheries' situations. When they are identified, care is taken to ensure their eradication from the affected bed. Thus, the danger of transferring diseased fish while present, is remote."

The matter of biota transfer between the Missouri River Basin and the Hudson Bay Basin is full of uncertainties, not only in respect to the danger but also in respect to the impacts that would occur as a result of such transfer. The International Joint Commission concluded in their 1977 report on the Transboundary Implications of the Garrison Diversion Unit that:

The commission therefore concludes that, even if modified as described herein, the Garrison Diversion Unit will still cause adverse impacts in Canada. Only the extent of the impacts is in question. The Commission further concludes that while most of the impacts can be mitigated, those from the possible biota transfers are so threatening that the only acceptable policy at present is to delay construction of those features of the Garrison Diversion Unit which might result in such transfers" -3-

To date no new evidence or studies have been concluded that provide to Manitoba any assurance that means have or can be found to resolve these concerns. The present GDU Biota Transfer Studies being undertaken by the North Dakota Water Resources Research Institute may in time provide some new information in this respect, however, until such information has been assembled and subjected to a thorough peer review we will all remain uncertain as to possible affects of biota transfer.

While Manitoba has every desire to cooperate as much as possible with North Dakota in finding means by which to alleviate water supply distribution problems in the Souris, Sheyenne, James, and Red Rivers it has no choice at this time, but to remain opposed to any expansion of the Garrison Diversion I.Tnit that could result in the introduction of undesirable biota into the Hudson Bay Drainage Basin. We must protect our fishing industries from the existing uncertainties of the effect of biota transfer between the Missouri and Hudson Bay Basins.

Yours sincerely,

Minister of Parks Legislative Building and Renewable Resources Regina, SasKatcnewan SAS 083 SASKATCHEWAN

- 6 !'31

Mr. Gordon Berg State Representative House of Representatives State Capitol BISMARCK, North Dakota 58505

Dear Mr. Berg:

Thank you for your letter of January 15, 1991, regarding North Dakota House Bills numbers 1067 and 1068.

Saskatchewan subscribes to the 1986 American Fisheries Society position statement on introduction of aquatic species. That statement reads in part "...no city, country, state, province or federal agency introduce, or allow to be introduced, any species into any waters within its jurisdiction which might contaminate any waters outside its jurisdiction without official sanction of the exposed jurisdiction".

From the standpoint that the initiative in your bill conforms with our position and that of the American Fisheries Society, I see considerable merit in your proposals.

I might mention that in Saskatchewan, the broader environmental issue of interbasin water transfers and its attendant danger of introducing undesirable fauna and flora would be handled through our Environmental Impact Assessment Process. It contains many of the safeguards you appear to be striving for, therefore, it would seem we share a common environmental protection objective.

. . .2 Mr. Gordon Berg Page 2

Thank you again for bringing these proposals to my attention. May I wish you success in achieving their passage.

Sincerely,

Lorne Kopelchuk

NORTH DAKOTA HOUSE OF REPRESENTATIVES

STATE CAPITOL 500 EAST BOULEVAPO BISMARCK. NO Roo. Gordon Sorg 58505-0360 COMMITTEE Oistrict Pout, 5 APOMID0Clorls Orvits Lake. NO 58301 April 1, 1991

,4) , ; , ' Governor John Ashcroft a..net.of o 171-9--"vrtu, Governor's Office P.O. BOY 720 :ef:erson City, MO 65101

Dear GrIvernor Ashcroft:

A5 fish2ries officials of Missouri are doubtless aware, our Game an-, Fish Department has been interested in introducing a non- native game fish, the zander (Stizostedion lucioperca) into North Dakota waters. The zander is native to waters in eastern Europe, but it is closely related to two native North American fishes on the same genus--the sauger (S. canadense) and the walleye (S. vitreum). In discussions and other communications with leading ichthyologists and fishery scientists in several states and Canadian provinces, : have found that there is honest conc ,rn that the introduction of zander could be detrimental to populations of sauger and walleye through competition, hybridization, and pftchaps predation.

Our department has introduced zandez i nto cl,)sed ,,aters in North Dakota. I have been provided information concern that people may capture and release this fish into other waters, or that a flood situation could result in their liberation into intarsate - - drainages. I am advised that there may also be some intnret,t at later date in introducing the zander into the Missouri drainage a77-.± perhaps into - other open watnrs of North Dakota. ,

. As a state representative, concerned with the well-beir.c of natra.. resources, and a member of the.. House Appropriations Comm l.- t,, ot North Dakota, I would requett your input on is subject LAt:cir, and the ongoing plans for introduction of non-native fishes by department as it relates to :211rrsunding states and provinces. understand that the American Fisheries Societies (AFS) culd provide proposals for introdlIction with peer review in some of its puLlications and further has access tcd world authorities on a variety of non-native fishes.

I am inquiring as to whether ycur jurisdiction has taken a positicn on whether there should be further review of a decision by one state or province to the introduction of non-native fishes. STATE OF ARKANSAS OFFICE OF THE GOVERNOR Bill Clinton State Capitol Governor Little Rock 72201

May 3, 1991

Honorable Gordon Berg House of Representatives State Capitol 6.0C East Boulevard Bismarck, ND 58505-0360 Dear Representative Berg: Thank you for your letter concerning the release of the zander (Stizostedion Lucioperce) in North Dakota waters. I have asked Steve Wilson, Director of the Arkansas Game and Fish Commission, to contact you directly on this matter. Thank you again for your sensitivity of other state's concerns relative to the introduction of exotic species into the waters of the United States. Sincerely,

/ C4.1444"1/431-C Bill Clinton cc: Steve Wilson, Director Arkansas Game and Fish Commission Arkansas Game & Fish Commission 2 Natural Resources Drive Little Rock, Arkansas 72205

William E. Brewer Maur.ce Lewis, jr Chairman 'Aeem01 7 Paragould Cavic E %Her J Perry Mikes MeeOurN1 vca.Chairman BOOneyole Dr. James E. Moore. Jr Michael R Cornwell L :re Pocx Oery.tie Steve N Witson Director ChartOS J Arrtiarer Jr P.1 0 of 4er010 !yes Unnefity Arrarsas Sturtgarl Fay1M111v4411 May 6, 1991

Representative Gordon Berg House of Representatives State Capitol 600 East Boulevard Bismarck, ND 58505-0360

Dear Representative Berg:

I appreciate your recent correspondence to this office inquiring as to possible concerns other states might have relative to the release of the zander (Stizostedion lucioperca) in North Dakota waters. In fact, our state Game and Fish Commission fisheries biologists were aware that North Dakota had introduced tender on a limited basis in closed waters of the state. We were not aware that your state would move so quickly in considering introduction of the zander into the Missouri River drainage and other open waters of North Dakota.

Even without actual stocking into open waters of the state and therefore the nation, experiences with the Chinese silver and bighead carps have demonstrated to us the risk involved via flood events on so called "closed waters". In Arkansas and in Missouri these carp species have been released into waters of these states from aquaculture facilities via flood events and these species are not desirable for the "wild habitat". Other examples of exotics introduced into waters of the United States include the brown trout (Salmo trutta), the common carp .(Cyprinus carob) and sea lamprey (Petromvzon marinus). introduction of the brown trout has been classified by most as a success story (although California native trout enthusiasts would say the brown is too competitive) while the latter two introductions will go down in the annals of science as having the worst effect possible on native aquatic biota and lakes and streams in America. These type experiences have made most states cautious on any talk of exotic aquatic species introductions.

In answer to your question one, what the state of Arkansas would like to see is a cautious, deliberate scientific evaluation of any new introduction of exotic species in waters of the United States. We believe that while the potential for positive benefits may be strong for a given species, the total impacts to aquatic communities must be considered. Research on potential introduced aquatic species must be conducted to ascertain possible impacts to habitat, trophic dynamics, spatial interactions with native aquatic organisms, gene pool Representative Gordon Berg Page Two May 6, 1991 deterioration, and disease introduction. Gene pool deterioration and hybridization are special concerns with our fisheries scientists because the zander is in the same genus as two popular Arkansas sportfish, the walleye and sauger.

Considering the above points, we believe a prudent course of action on this matter would be to consult the American Fisheries Society's (AFS) Position on Introductions of Aquatic Species (attached for your review). Organization of a committee of fisheries biologists from states in the Missouri-Mississippi drainage to review any proposed stocking into open waters of the United States would also give the evaluation professional credence.

Relative to question number two concerning the impact of this stocking program on possible support of future water development projects, several aspects of this issue need to be addressed to allay valid concerns. Stizostedion sob. are fairly migratory species as freshwater fish go and therefore introductions of the zander into waters transported across drainage basins for irrigation and municipal use can have ominous implications. Some other aspects of the zander's ecology, such as nest building during reproduction similar to centrarchid species and their tolerance of turbid waters, need to be studied at length before this office would feel comfortable considering aforementioned water development projects.

Thanks again for your sensitivity of other state's concerns relative to the introduction of exotic species into the waters of The United States. If you have any questions with our stated concerns, please don't hesitate to contact me.

Cordially, cols, STEVE N. WILSON Director

Attachment pc: Bill Clinton, Governor TOMMY G. THONIPSON

Governor State of Wisconsin

May 15, 1991

The Honorable Gordon Berg North Dakota House of Representatives State Capitol 600 East Boulevard Bismarck, ND 58505-0360

Dear Representative Berg:

As a Great Lakes state, Wisconsin is very aware of the potential for exotic aquatic species to create serious problems. Lake Michigan and Superior now contain sea lamprey, white perch, ruffe, and zebra mussels to name a few. More potentially harmful species are already in the system and are on their way to Wisconsin. Grass carp introduced by southern states threaten us from the south via the Mississippi River and via illegal introductions into our inland lakes.

Like North Dakota, we are pleased with some fish species like Pacific salmon and brown trout which are not native to our waters. The risks of introducing still more new species is unacceptably high. The importance of zander has us deeply concerned from two areas.

Genetic concerns exist because zander are so closely related to walleye and sauger that hybridization is a real threat. Evidence continues to mount that local, native fish populations, including walleye, are best adapted to local waters and conditions. Genetic analysis has established that many walleye populations in separate drainage basins are different genetically. Most biologists are recommending that these unique populations should be preserved and no interbasin transfers be made for reasons of preserving genetic diversity and the beneficial adaptions of local strains. The same, or greater, concerns have been raised about introducing non—native species like the zander which could hybridize or out compete local populations.

A second major concern is from the fish health viewpoint, because importation of zanders may impact native esocid populations through the inadvertent introduction of pike fry rhabdovirus (PER). This disease is present at fish farms throughout Europe, and can cause up to 100 percent mortality in northern pike fry.

Room I 15 East. Staic Capitol. P 0. Box 7863. Madison. Wisconsin 57)707 • (608) 266- I 2l: • F AX16081:67-“)87, Representative Berg May 15, 1991 Page Two

Since many European fish farms rear both pike and zanders, it is possible that PER could easily contaminate zanders and/or their eggs through shared water supplies. PER can only be detected during an outbreak of the disease — routine screening may not always identify infected fish. The large scale loss which results from a PER infection could quickly decimate existing northern pike fisheries in the United States via interconnected river basins.

Should the zander be introduced into the Missouri River and expand throughout the Mississippi River drainage, its impact upon our native walleye and sauger are unknown. Suffice to say that any loss of our native species fisheries would be of incalculable value — tourism is the second biggest industry in Wisconsin. If such loss were directly attributed to North Dakota actions to introduce zander, litigation is a possibility.

In summary, the State of Wisconsin is firmly opposed at this time to the introduction of zander. We feel that our involvement in water project developments for the use of waters transported across North Dakota is minimal, except for the potential for such activities to facilitate the spread of zander to the Mississippi drainage which we oppose.

Sincer ly,

TOMMY G OMPSON Governo

TGT/dkn Zander moratorium angers fishermen

/ -- , , By JEFF OLSON. Tribune Stcii Writer ; ,'a 1././ /(7e7, nglers who want the state Game and Fish Department Ato continue stocking zander in Spiritwood Lake are angry that Gov. George Sinner put the program on hold this week. "Gordon Berg is our problem," survived drought conditions three says Clarence MacDonald of years ago. Jainestown. president of the North Last winter, an ice fisherman on American Zander Club. Spiritwood Lake caught one zander MacDonald and other pro-zander and another showed up in depart- fishermen feel Sinner knuckled ment test netting last summer. under or believes Berg's assertion "We're going to adhere to the that the exotic import from Finland governor's request, but I don't is holding up progress on Garrison think it's an end to the program," Diversion. Jones says. "I don't know how one person It's Berg, Jones says, who has can do so much damage to the caused all the hype. state of North Dakota," MacDonald "I talked with the Canadian says of Berg. "This is something Ambassador to the United States, North Dakota could have been first, Derek Burney, when I was in not last, in." Washington with Governor Sinner MacDonald calls Berg the lone earlier this month and he said his opposition to zander, a relative of government was no more worried the popular walleye that favors with zander than any other biota turbid water conditions found in concerns they've expressed in the many North Dakota lakes and past, like the gizzard shad or the which gets even bigger than wal- rainbow smelt." leye. What Jones will do is go ahead "I hope hunting and fishing clubs with the first meeting of the Non- follow the governor candidates Native Fish Introduction Council closely and make sure the next April 14-15 in Bismarck. Sinner di- governor doesn't follow in George's rected the formation of the group in 19E8, but Jones says little more footsteps," MacDonald says. than a couple of conference calls Game and Fish Director Lloyd has been accomplished. Jones is the person who will put the Berg says he supports the coun- zander program in neutral again. cil. Sinner's letter to Jones outlining "It doesn't matter if the zander is the troubles of the program and here or not, Berg says. "My con- "misdirected efforts of certain indi- cern is that it's a controversial viduals," was a "request." matter between game and fish peo- Jones says his department was ple themselves. The old guard says unable to get zander fry from Fin- 'let's bring it in. throw it in the wa- land last year. ter and see what it does.' " In previous years, drought was There are biologists, including blamed for the loss of one year's the American Fisheries Society, hatchlings and suspected disease that want to go slower and study forced Jones' predecessor, Dale the fish in a controlled environment lienegar, to order the first batch of first. Berg says. zander destroyed. Post-mortem on "The Non-ative Fish Introduc- those fish showed no disease. tion Council is the way to go. If The only success is the stocking these people meet and say it's of about 1,000 :ender fingerling that fine.. then fine and dandy." 0,4L4 Former Rep. Berg feels non-native fish have By BLAKE NICHOLSON ter into Devils Lake). affected by it. And according to Berg Journal Staff Writer According to Berg, the introduc- those areas — particularly Canada A state record striped bass taken tion of non-native fish like the — are for the most part opposed to from Devils Lake a little over a striped bass into North Dakota wa- non-native fish (which could end up week ago has helped stir talk of ters has all but killed Garrison Di- in their waters), and are also wor- another banner year in fishing on version. 'Garrison Diversion has ried about biota transfer — the pos- the lake. Not everyone is looking at been dead since 1982," Berg said, siblity that rough fish or fish vir- the striped bass as a 'plus" for the "and this is the issue that stopped uses currently unknown in Cana- Take, however. it." He added that without the non- dian waters could be released into – According in former native fish, 'Garrison Diversion them. state legisla- could have been complete today.' tor Gordon Berg of Devils Lake, the • Berg noted that the striped bass Introduction of the striped bass to The reason non-native fish intro- that were introduced into Devils Devils Lake in 1977 is yet another duction is holding back completion, Lake are not the sole cause of the mistake that may cost the state the Berg said, is because Canada and problem — just a part of it. "The completion of the Garrison Diver- downstream states have a say in point is getting water here (into De- sion Project (which could bring , wa- Garrison since they would also be vils Lake) to save what we have,' he

halted Garrison-/ -- 9 said, "and not getting in any new district fisheries biologist with the fish and causing more problems." North Dakota Game and Fish De- partrnent, the "exacting- conditions Berg — who is generally credited necessary for the striped bass tore- with, or blamed for, getting the in- produce do not exist in the lake. troduction of non-native Zander There were 13,000 striped bass into North Dakota waters two years stocked in 1977, he said, and only ago stopped — said one of the main four have been caught since the in- keys to completing Garrison Diver- troduction. There are currently no sion is to get agreements with Ca- plEins to stock any more, he said nada and downstream states before Hiltner also noted that a survey bringing in fish like the striped has shown anglers want walleye, bass. 'That's what we need now to pike and perch in the lake, and not crack Garrison Diversion," he said. the striped bass. And for those who As for the striped bass in Devils do want bass, he noted there is cur- Lake, they may soon be a fish of the rently a "very good" white bass po- past. According to Randy Hiltner, pulation in the lake. Devils Lake - Sheyenne - Red River Advisory Committee

Gordon Berg, Chairman Barry Cox, Warwick Lee Kaldor, Mayville Jim McLauphlin, Faro Lloyd Stromnae, Devils Lake Ben Vamson, Lakota

Route 5, Box 86 Devils Lake, ND 58301 (701) 662-2515

May 1,1995

President Bill Clinton 1600 Pennsylvania Avenue NW Washington, D.C. 20500

Dear President Clinton:

The Devils Lake - Sheyenne - Red River advisory committee is composed of community leaders interested in resolving water related issues in North Dakota.

The Lake Region flooding problems started in the summer of 1993 and have continued to the present time. We have serious sheetwater flooding within the Devils Lake Basin, and serious overland flooding in areas contributing to the lake of Devils Lake. The water level of Devils Lake which lies in the bottom of the Basin continues to rise at a rate of about one inch every 24 hours and is threatening many homes adjacent to the lake.

A one inch or greater runoff event in the Basin, which is very probable this time of the year, would bring flood waters overtopping dikes which protect the city of Devils Lake. The city is immediately north of the lake and is a major service center in the Basin. This event would also put a major highway south of the city under water and close the only remaining connecting link for individuals from the Devils Lake Sioux Indian Reservation to obtain medical services and other essential services.

Extensive damage has already occurred to the rural road's and state highway system in the Basin with an ever increasing accessibility problem for health and safety purposes.

Our main concern at this time is to relieve the impact on property adjacent to Devils Lake and we are asking for Federal assistance in the construction of an outlet to the lake of Devils Lake. We are requesting a Presidential Disaster Declaration and ask that President Clinton request immediate action by the U.S. Army Corps of Engineers to construct an outlet under the terms of the Boundary Waters Treaty.

It would also be fitting at this time to resolve an issue of concern to Canada. We are asking that the Governor of North Dakota and the Premier of Manitoba complete an agreement to the effect that North Dakota will not introduce non- native species of fish into their waters in the future unless there is a mutual agreement to the species to be introduced.

We would appreciate your immed attention to this matter 97:20 Sincere!

Gordon Berg Chairman

cc: Senator Dorgan Senator Conrad Congressman Pomeroy Governor Ed Schafer Devils Lake - Sheyenne - Red River Advisory Committee

Gordon Berg, Chairman Barry Cox, Warwick Lee Kaldor, Mayville

Jim McLauphlin, Fargo Lloyd Stromrae, Devils Lake Ben Varnsora, Lakota

Route 5, Box 86 Devils Lake, ND 58301 (701) 662-2515

May 1,1995

Governor Edward Schafer 600 East Boulevard Bismarck, ND 58505

Dear Governor Schafer:

The Devils Lake - Sheyenne - Red River advisory committee is composed of community leaders interested in resolving water related issues in North Dakota.

Extensive damage has already occurred to the rural road's and state highway system in the Basin with an ever increasing accessibility problem for health and safety purposes.

We would appreciate your immed te attention to this matter 1 Sincerely, '

Gordon Berg 1312 Chairman cc: Senator Dorgan Senator Conrad Congressman Pomeroy President Clinton 110ATH DAKOTA GAME AnD Flilt:DEPIIRTMEErr.f:2 4.1.8■.0 • 0 •4••••• :A■Cti • LIE 0.11=1 • .0:04 •4_

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RESOLUTION - REGARDING ZANDER INTRODUCTION INTO NORTH DAKOTA - WHEREAS, the North Dakota Game and Fish Department attempted to introduce

the European zander (5tizo_siecLian luciocerca) into North Dakota in 1986, failing only because of unavailability of eggs; and

WHEREAS, there is risk that introduced species may cause ecological damage and spread beyond state waters; and

WHEREAS, the position of the American Fisheries Society is that introductions

should be undertaken only with thorough evaluation and consultation with other poten- . tially affected jurisdictions, and that those other jurisdictions should have veto power; and

WHEREAS, other jurisdictions of the watershed have not been consulted relative to

the proposed introduction: now, therefore, be it

RESOLVED, that the American Fisheries Society, assembled at its 117th Annual Meeting, September 16, 1987, in Winston-Salem, North Carolina, urges the North Dakota

Game and Fish Department to delay introduction of zander until a thorough evaluation as outlined in the American Fisheries Society position statement has been completed, including consultation with other potentially affected jurisdictions, and be it further

RESOLVED, that a copy of this resolution and the American Fisheries Society posi-

tion statement be sent to the Director of the U.S. Fish and Wildlife Service, the Commis- sioner of the North Dakota Game and Fish Department, and the Fisheries DireCtors in all states and provinces bordering North Dakota and in the Missouri River drainage. - MANITOBA

Minister of Room 118 Natural Resources Legislative Building Winnipeg, Manitoba, CANADA April 27, 1987 R3C OV8

Eonourable George Sinner Governor of North Dakota State Capitol, First Floor Bismarck, North Dakota 58.505

Dear Governor Sinner:

You will have received a letter from the Honourable Howard Pawley, Premier of Manitoba, alerting you to VAnitoba's concerns in respect to North Dakota's planned introduction of Zander fist into STATE 'waters.

THE ?FANITOBA Department of Natural RESOURCES Asks that the potential for transboundary movement of this foreign species and the impact this close relative of the North American Walleye and the Sauger may have on our native fish species be recognized and considered.

The introduction, of exotic species )nqs long been used by fisheries rnnPgers as a tool TO increase recreationq1 opportunities or to mitigate fishirlg losses due to habitat degradation. However, past experiencs have not always been totally beneficial. For e.: mole, the deliberate or unintentional introductions of Common Carp and Walking Catfish have proven to be ecological disnsters. The widespread introduction of Rainbow and Brown TROUT have generally been considered desirable by the angling community, although these two species have probably displaced the native Brook Trout and Atlantic Salmon to varying degrees.

Presently, Manitoba is witnessing the rapid spread or Tteass W Lu-= .detriment of our most important oommercial fishing VATERBODY, Lake Winnipeg. This species was initially introduced by North Dakota into JAke Ashtabula to increase recreational opportunities. It readily migrated down the Sheyenne River to the Red River, north into Lake Winnipeg where it is now firmly established.

The introduction of a new species is generally risky and the probability of damaging the native fish population at least as great as , opposed the "Authorized en rc -g it. As you are aware, Canada and Manitoba - Plan for the Garrison Diversion Project" because of its potential to transler foreign species of fish, fish parasites and fish diseases from the MISSOUri River Basin to the Hudson Bay Basin with resulting irreparable damages to Manitoba's fisheries. Before a new species is deliberately introduced, serious consideration must be given to the potential risks involved. Zander is both genetically and ecologically similar to walleye and sauger, creating a strong possibility of competition and interbreeding between the species. Considering the importance of walleye and sauger to the recreational, subsistance and commercial fisheries of Mamitota, any potential Impingement upon these fisheries is a cause of concern. Manitoba, in particular, opposes the introduction of Zander into waterbodies from which they may have access to the Hudson Bay watershed.

We recognize the desire of North Dakota to improve recreational fishing opportunities within its boundaries; however, this should not occur at the expense of a neighbouring jurisdiction's fisheries. Once an introduced species has becoce established, it is virtually impossible to reverse the process. We strongly urge the State of North Dakota, Department of Gaze and Fist to follow the protocols for the introduction of exotic species espoused by the American Fisheries Society before embarking on this program.

Manitoba would welcome the opportunity to discuss at the officials level this issue with the State of North Dakota at the earliest opportunity.

Yours truly, Nt; AC; 1CN.U11:30 Leonard E. Rarpiak, Minister cc: Honourable Joseph Clark, Minister of .External Affairs Donald Holden, Secretary of the Interior bc Honourable Thomas Siddon Wnrth HVCPN Dale Stewart R. N. Clarkson

RNC:mvm

UNIVERSITY OF CALIFORNIA, DAVIS 5_

SEIIKELEY • OAvIS • IftvINE • LOS ANGELES • RIvERSIDE • SAN DIECO • SAN FRA-NCISC^

COLLEGE OF AGRICULTURAL AND DEPARTMENT OF WILDLIFE AND FISHERIES BIOLOGY ENvIRON MENTAL SCIENCES UNIVERSITY OF CALIFORNIA AGRICULTURAL EXPERIMENT STATION

April 13, 1988

Nick Parker, President AFS Introduced Fish Section 503 Bibb Street Marion, AL 36756

Dear Nick:

I think we should go on record as opposing the introduction of zander as a.bad idea whose time has not yet come. The Preliminary Environmental Assessment follows the letter but not the spirit of the AFS protocol; it is highly biased in favor of the introduction. This is not surprising since it appears to have been written after the first attempts to introduce zander were made. For example, Hickley's (1986) report on the adverse impact of zander in England is .tismissed because he studied a low diversity system, even though in his review .Df the European literature Hickley states "...the effects of introduced zander on recipient resident fish stocks have been studied extensively in central European waters but nonetheless remain unpredictable...."

I think Charles L. Soward's comments cover most of the reasons for not introducing zander, but I would like to add the following points to them.

1. The North Dakota Game & Fish Dept. is to be commended for making its initial introductions into closed basins, but as long as such basins are open to unrestricted public fishing, there is a distinct probability that the zander will "escape" via some enthusiast's boat live-well. In California, the Dept. of Fish & Game recently spent well over a million dollars eradicating white bass from a drainage to which they had been illegally introduced. The source: a "closed system" into which they had been introduced experimentally by CDFG.

2. The comments on vacant niches (p. 20,27), competition (p. 22), and group selection (p. 22) indicate the writers do not have good grasp of ecological principles. Vacant niches and group selection are largely regarded as invalid concepts. Competition between walleye and zander does in fact seem likely, given their similarities in morphology and diet. If zander do as well as expected, they should deplete the prey buth species rely on, resulting in walleye decline.

3. I note that interactions among larvae are not considered, yet John Forney's classic studies on Oneida Lake demonstrate that interactions between larval walleye and larval perch frequently determine year class success of both species. Frequency of larval cannibalism is also a factor in success or failure of walleye year classes. 4. The protocol considers only the two isolated lake introductions, but the ultimate goal is, presumably, introductien into Missouri River reservoirs, because that is where most of the walleye fishing takes place (p. 1). The protocol should thus consider these reservoirs as well. If the zander prove to be successful in the two lakes, it will be very hard to keep them out of the reservoirs, through illegal introductions, if nothing else.

5. The basic reason for introducing zander seems to be to save money on walleye propagation, as the introduction of the report indicates that better fishing would result if there were more hatchery production. Perhaps a better use of NDGF time is to lobby Washington to get the federal water agencies to provide more hatcheries for mitigation.

I hope this helps.

Sincerely,

PBM:sc NORTH DAKOTA rnur ti MAN v HOUSE OF REPRESENTATIVES

STATE CAPITOL 600 EAST BOULEVARD BISMARCK, NO 58505-0360 Rep. Gordon Berg COMMITTEP• District 15 Appropriations Route 5 Devils Lake. ND 58301 October/1j 1992

Dr. Robert M. Wentz State Health Officer State Department of Health and Consolidated Laboratories State Capitol Bismarck, ND 58505

Dear Dr. Wentz: This letter concerns the administration and enforcement of the federal Safe Drinking Water and Clean Water Acts in North Dakota. My question is if a state retains primacy for administration and enforcement of the Safe Drinking Water Act within its borders, whether the state or a city within that state may seek damages under the Safe Drinking Water Act or Clean Water Act from the Department of the Interior for polluting a source of water that that city depends on to supply its drinking water.

For example, there is a community in northeastern North Dakota that depends upon a 90-acre lake for its source of drinking water. The Units-1 States Fish and Wildlife Service allows 120,000 geese to use that lake as habitat. The droppings from 120,000 geese are the equivalent to the amount of manure produced by 6,000 head of cattle which would be a serious pollutant to this city's source of water. Thank you for addressing this issue. Please contact me if you require any further information or have any further questions.

Sincerely,

Gordon Berg State Representative District 15 GB/TAG SPECIAL EDITION - September 12, 1980 - P. O. Box 1934 - Minot, North Dakot4 58701

WATERFOWL FOUL WATER Some weeks ago news stories appeared in this area regarding a botulism outbreak at the J. Clark Salyer Refuge on the Souris River. In those stories, U. S. Fish and Wildlife Service officials placed the blame for the botulism outbreak on sewage release from tic City of Minot, upstream from the refuge. City officials denied the charge and N. O. Department of Health personnel patiently explained that factors such as quality of the treated releases and river travel-time to the refuge made it highly-unlikely that Minot was responsible; but the Fish and Wildlife Service remained steadfast in its accusation.

with the help of information provided by the North Dakota Gam and Fish Ow7artmelif and the Department of h ealth, another mote probable culprit has been identified - - - the ducks themselves.

With 100,000 ducks on the refuge this summer, waterfowl deposited 4,320 pounds of solid wastes directly into the waters of J. Clark Salyer every day. That is more than douhle - the daily amount of total solids in the treated sewage released frGm Minot (2,093 pou nds). During the twelve to fifteen days that the treated releases from Minot take to reach the refuge, their chemical impacts further lessened by Mother Nature. That moving water action is not so prevalent at thn refuge so that, in effect, the waterfowl have created their own sewage lagoon. It is the chemical composition of the wastes that is important in detreiininq its r.:1J- tionship to botulism. There is a chemical measurement of animal waste which deicri!!!!, the oxygen -depletion rate of the waste in water. Called 'brochemical oxygen demand' (BOD), the greater the amount of those substances present, the more likely the water is to become anerobic, a condition favurabic to an outbreak of botulism. Half a col, of BOD is produced by the waterfowl at J. Clark Salyer daily. When combined with th Q low flows experienced at the refuge this year, these untreated waterfowl wastes naturally produced conditions favorable to a botulism outbreak.

Had bQuna moans of flushing and diluting those wat...., rfuwl I. 7. , the likelihood of a botulism outbreak would have boen greatly tedu,....1. elassie example at how waterfowl and wildlife interests ::tand tu from hbc pletiun of water projects such as the Garrison Diversion unit.

In putting together this information with the assistance of the Game and Fish Depar(• merit and the Department of Health, we learned a great deal about waterfowl as polluters in North Dakota. The early production of waterfowl waste in North Dakota is 156,984,C20 _pounds, j gjj valenLlo the unt rca ted waste of O huinan rite BOD weitih for - feli10.04 1 59,100_pour_)(15 equal to the untreated wastes of 538,050 pco priinds - --Li1-1..g... .1 1- waste i n North nakota is 4,055,h20 oH nually, equivalent to the untreated wastes of the combined hurnin cf . Dakota, South Da oUi,Wynming Montana and Ncbrasko. The nitrogen content of wateriu_t a...... wastes is one and a half tines 1... of North Dakota whik: — tF a't7r the entire population potassium content IS more tEgi Three times t at ml the state. And 1.. hi1u humon waste ii i:teated to muut vivid h(2,iiih tand.irds -4, mist waterftn:1 waste goes directly into our srat-'s waters wi!sh n reatment all.

, Incidently, the state agencies were most cooperatic i n furnishing us with hifurn 1!. Fish uu on this subject. The and Wildlife Servic: . is contacted to pr , ide waterfowl numbers in the stale but, incredibl) , !-H lied in a bricf 1 -tfel that not compile that type of statistics. lhey must 'c no busy COulllimi jre of or looking for whooping cranes to spend much time keeping track of wat.crfowl. NORTH DAKOTA STATE DEPARTMENT OF HEALTH AND CONSOLIDATED LABORATORIES 1 . VOR1 %." ENVRONMENTALHEALTHSECT1ON

1200 Missouri Avenue P.O. Box 5520 Bismarcic North Dakota 58502-5520 Fax 4701-221-5200

December 2, 1992

Honorable Gordon Berg Route 5 Devils Lake, ND 58301

Dear Representative Berg:

I share your concern regarding the use of lakes and reservoirs as waterfowl rest areas. While the conflict between the use of lakes or reservoirs as waterfowl rest areas and the use of lakes and reservoirs for recreation, fishing, and drinking water are obvious to you and me, this conflict is not necessarily apparent to fish and wildlife agencies and the general public. In many cases, these waterfowl rest areas are established with the cooperation, and sometimes at the request, of local sportsman groups, business leaders, and residents. Often times, residents of the local community view these rest areas as avenues for economic development. By attracting geese, you attract goose hunters and the dollars they spend.

I believe the best way to address this problem is by educating the residents of a community or area that there is a water quality conflict when you establish a lake as a waterfowl rest area. The educational process should point out that the nutrient load from geese using a lake or reservoir is one part of the total nutrient budget for a lake or reservoir and that nonpoint source pollution; point source discharges; septic systems from adjacent cabins; and internal cycling in the form of releases from the sediments; also contribute to the annual nutrient budget of a lake or reservoir. However, I will agree that in many cases, especially when there are large numbers of geese which use a lake or reservoir for a long period of time, the contribu- tion from geese can be significant.

I believe this educational effort should also occur in the context of the total nutrient budget for a lake or reservoir and should address the steps which can be taken to reduce all forms of nutrient loading to a waterbody. An example is Bisbee Dam. The Department is working with the Northern Plains Resource Conservation and Development Council, the Towner County Soil Conservation District and Water Resource District, and the Rolette County Soil Conservation District and Water Resource District in the development of a nonpoint source management proposal to address water quality problems in Bisbee Dam. At a recent meeting to discuss this project, the waterfowl rest area issue was raised by the Department. It was interesting to note that once

Environmental Health Section Environmental Murudpal Waste Water ard Enforcement Engineering Facilites Management Quality 701-221-5150 701-221-5188 701-221-5210 701-221-5166 701-221-5210 2

this issue was identified and described in the context of water quality, the local community seemed willing to remove the waterfowl rest area designation for Bisbee Dam. Therefore, when easement agreements expire, I believe Bisbee Dam will no longer be a waterfowl rest area.

I am unaware of any provision in the Safe Drinking Water Act or the Clean Water Act that would allow a state or city to seek damages from the Department of Interior for polluting a source of water. Federal agencies generally have sovereign immunity, although recently passed legislation removes that immunity for compliance with environmental statutes.

S . erely,

Franc s J. Schwindt Chief Environmental Health Section

FJS/raa May 15, 1995

Gordon Berg Route 5 Devils Lake ND 58301

Greetings Gordon,

If Missouri river water has 500 ppm 'TDS, one acre foot would contain 0.68 tons of 'TDS. 100,000 acre feet would contain 68,000 tons of 'TDS. TDS values for Missouri river water I obtained were from 420 ppm to 600 ppm.

Sincerely,

Terry Gregoire Area Extension Specislist

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' • 480407098491900 lc:* soLme t or OAr-OTA 5 East Bay IC0MIL SO 6 . 475740098381600 50 100 X”.01-4ETESS East Devils Lake Devils Lake Water Quality Samples May 15, 1995

Sulfate as (SO4) Dissolved Solids (C)

1. West Bay at 0.5 meters 397 mg/L 1000 mg/L la. West Bay at 4.0 meters 416 mg/L 1020 mg/L

2. 6 mile at 0.5 meters 461 mg/L 1070 mg/L

2a. 6 mile at 5.5 meters 482 mg/L 1130 mg/L

3. Creel Bay at 0.5 meters 823 mg/L 1780 mg/L

3a. Creel Bay at 7.0 meters 822 mg/L 1800 mg/L

4. Main Bay at 0.5 meters 870 mg/L 1840 mg/L

4a. Main Bay at 9.0 meters 856 mg/L 1860 mg/L

5. East Bay at 0.5 meters 1580 mg/L 3270 mg/L

5a. East Bay at 6.0 meters 1570 mg/L 3310 mg/L

6. East Devils Lake 3770 mg/L 7570 mg/L at 0.5 meters