Lake Michigan Basin Update
Lake Michigan State Lawmakers Leading
Charge Against Aquatic Invaders
As reported in the last issue of
Great Lakes Aquatic Habitat News
(Summer 2005), federal lawmakers in
the U.S. are pursuing comprehensive
regulation of the persistent and
devastating invasive species problem.
Entering the basin through ballast
water, various types of live fish trade,
and artificial connections between the Great Lakes and
other watersheds, invasive species have caused billions of
dollars in damage to our waters. Unlike other types of
pollution, the jury is still out on who will take ultimate
authority and responsibility for fixing this ongoing problem.
Around Lake Michigan, state elected officials aren’t waiting for
the federal government to stop destructive invasive species
from entering the Great Lakes as stowaways in ships’ ballast
water – the source of the majority of damaging invasions.
Michigan is leading the way after Gov. Jennifer Granholm
signed legislation this summer allowing Michigan to set its
own controls against invasive species. Shepherded by state
Sen. Patricia Birkholz (R-Saugatuck) and Rep. David Palsrok
(R-Manistee), the new law is a revision of the Natural
Resources and Environmental Protection Act. Starting in
January 2007, ocean-going vessels must either certify that
they won’t discharge invasive species, or that they employ
approved ballast water treatment technology.
Despite the exemption for ballast water from the federal
Clean Water Act, states are free to impose regulations that are
stricter than federal rules. Language adding ballast water to
the list of regulated pollutants under the state’s National
Pollutant Discharge Elimination System (NPDES) permit
program allows Michigan to set standards for these
discharges – and fine ships that fail to comply.
Another component of the Michigan law is for the
Department of Natural Resources to pursue a partnership
with the resource management agencies of the other 7 Great
Lakes states when developing standards. This will ensure that
a common standard is applied throughout the U.S. Great Lakes
basin and minimize the regulatory burden for ships that
discharge ballast into the waters of multiple states on their
voyages in the Great Lakes. While Michigan cannot enter into
official agreements with the governments of Canada or the
Canadian provinces, the DNR plans to consult across
international borders prior to announcing final standards.
This cooperative approach will only be effective if other Great
Lakes states are able to implement similar rules. Years of
federal delays on comprehensive invasive species legislation
have raised the hackles of
Wisconsin lawmakers as well.
Sen. Neal Kedzie (R-Elkhorn)
and Rep. Scott Gunderson
(R-Waterford), Senate and
Assembly chairmen of their
respective Natural Resources
Committees, have stated that they plan to introduce legislation
modeled after the Michigan bill to prohibit ballast water
discharges unless those vessels have the proper permit from
the Wisconsin Department of Natural Resources.
Wisconsin officials have grown weary of the blockades
continually thrown in the way of federal legislation. “I am
frustrated by the lack of leadership and the lack of action
by the federal government,” Wisconsin governor Jim Doyle
said in June. “Neither the Coast Guard nor the EPA have
aggressively pursued any solutions that would prevent new
introductions.” Doyle is working with the Wisconsin DNR to
evaluate the Michigan approach.
“These unwelcome species are ecological and biological
bullies and without a concerted effort, they’ll continue to push
us around for decades to come,”said Kedzie when announcing
Wisconsin’s next move. Illinois state Rep. Julie Hamos
(D-Evanston) has introduced a bill, as have legislators near
other lakes in New York and Minnesota, readying themselves
to pick up the slack should federal bills continue to be stymied.
Disclaimer:
The interpretations and conclusions presented in this newsletter represent the opinions of the individual authors. They in no way represent the views of the Tip of the Mitt Watershed Council, the C.S. Mott Foundation, subscribers, donors, or any organization mentioned in this publication.
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