Healing Our Waters Coalition » National Aquatic Invasive Species Act

Threat Level: Code Red, Severe Risk of Terrorist Attack

Jordan Lubetkin — Wed, 19 Mar 2008 21:13:12 +0000

Tomorrow the St. Lawrence Seaway will open up for the new season and with it a dangerous threat – Russian born terrorists are poised to take advantage of the event to attack the United States under the watch of President Bush. Where is homeland security when you need it?

The terrorists in question are, of course, aquatic invasive species. The opening of the seaway marks the 20th anniversary of the discovery of the non-native mussel.

The pint-sized terrorists that hale from the Caspian Sea and stow away in the stabilizing ballast water of transatlantic ships first invaded our freshwater shores in the 1988. Since then they have been sending waves of reinforcements every year spreading throughout the Great Lakes and into the Illinois and Mississippi Rivers then to lakes and tributaries in Pennsylvania, Arkansas, Missouri and Oklahoma. Everywhere it goes, the zebra mussel devastates the native biodiversity, fouls boat engines, water intakes, dams and power plants. In the most recent attacks, it has employed a biological weapon upon our bird population killing off acres of fowl with a paralyzing botulism.

Ohio Sen. George Voinovich (R) has denounced the invasive species as a “terrorist from abroad” and describes the epic fight to end their scourge as the “second battle of Lake Erie.”

Since the St. Lawrence Seaway opened almost fifty years ago, ballast water discharge from ocean-going vessels is the No. 1 way in which aquatic invasive species enter the Great Lakes. To date, 185 invasive species have made a home in the Great Lakes costing us $5 billion a year. The zebra mussel alone costs regional industry $150 million a year – they have even been blamed for shutting down the Detroit Edison Plant. They came quietly, under the cover of darkness and they multiplied to biblical proportions. But this is one terrorist that John McCain won’t have to follow to the gates of Hell – we know where it is and how it travels – we just need to stop it once and for all.

Federal legislation is pending that would create a national treatment standard for ballast water. Michigan, tired of waiting and paying big annual bills to deal with problems caused by invasive species, passed its own ballast law that went into effect last year. Wisconsin has recently taken steps to become the second Great Lakes state to regulate ballast water, and Ohio Gov. Ted Strickland supports a similar move. Absent Congressional leadership the states intend to create a rogue ballast regulation system – the only barrier to hold off the zebra mussel’s reinforcements.

Congress should move to pass strong legislation, and do it quickly – the St. Lawrence is opening up again allowing yet another attack upon our water’s sovereignty. This is a black and white issue – as black and white as totalitarianism versus freedom, communist versus democrat – the zebra mussel and its allies (invasive species) are evil and must be stopped. It is time to don our white hats and be the good guys and save our nation’s most precious resource from a real enemy combatant.

Wisconsin Joins Michigan In Ballast Battle

tpache — Wed, 27 Feb 2008 17:27:47 +0000

Wisconsin has taken steps to join Michigan as the second state to regulate ballast water in the Great Lakes sending a clear signal to Washington that absent Congressional leadership and legislation, the state is prepared take the initiative to create ad hoc ballast controls. As it turns out, the Wisconsin Department of Natural Resources has the legal authority to regulate ballast water discharges under the state’s Pollutant Discharge Elimination System so international shippers may soon have to apply for permits for discharges into Lakes Michigan and Superior.

Wisconsin’s determination of its legal authority to regulate ballast water under existing state laws was prompted by a request from the Wisconsin Wildlife Federation and twelve other conservation groups. It may have also been responding to an appeal made by Michigan Governor Jennifer Granholm to her counterparts in surrounding states and Canada late last year. Using her state’s ballast law as an example, she argued that the region could create an ad hoc ballast law that would protect the Great Lakes from what is moving toward soon-to-be irrevocable damages that invasives produce.

The lakes are at a tipping point, according to scientists. There are so many invasive species in the lakes with new ones appearing every 28 weeks – that waiting any longer will mean a destroyed ecosystem. Invasive species are introduced into the Great Lakes in the ballast water of ocean going vessels. They wreak havoc on the fresh water ecology and cost state economies millions.

There is pending federal legislation that would create a national treatment standard for ballast water, but at the moment it is pending due to some concerns which are currently being negotiated.

Granholm wrote: “…effective congressional action to address aquatic invasive species and ballast water discharge is not assured.” She adds, “Without an effective federal response, I believe the states have a responsibility to act.”

Her letter comes on the heels of a federal court decision upholding Michigan’s ballast law in a suit brought by shipping companies. More cautious states had been taking a wait- and-see approach but now have a green light to act.

“This decision is a tremendous victory for Michigan and for any state desiring to protect its waters from the massive harm caused by introductions of invasive species from foreign shipping via ballast water,” the letter reads.

And it isn’t expensive either. The letter points out that 73 ships from nearly 30 different companies applied for permits and each paid a $75 application fee. This offsets the costs making implementation cost-effective.

“Again, I urge you to join Michigan in protecting the Great Lakes…We should seize the opportunity for coordinated state regulation to prevent the economic and environmental damage that could be caused by the next species to arrive in ballast water.”

Granholm’s imperative call to action and Wisconsin’s recent commitment to control ballast discharges is another sign to Congress that they should do all they can to work out the more controversial aspects from the Ballast Bill of 2007 and pass it as quickly as possible. If not, states may end up with piecemeal, ad hoc, regional ballast regulations that could cause shippers more headaches and will certainly lend to a decentralized, difficult-to-manage ballast system. States are serious about ending the worst threat to the Great Lakes, is Congress?

Granholm sent her appeal to:

Illinois Gov. Rod Bagojevich

Indiana Gov. Mitch Daniels

Minnesota Gov. Tim Pawlenty

New York Gov. Eliot Spitzer

Ohio Gov. Ted Strickland

Pennsylvania Gov. Edward Rendell

Wisconsin Gov. Jim Doyle

Honorable Jean Charest, Premier

Honorable Dalton McGuinty, Premier

Stop The Invasion!

tpache — Wed, 27 Feb 2008 15:35:47 +0000

Forget about little green men from Mars, alien invaders are taking over the world’s waters and wreaking ecological disaster everywhere they go. A new report by the Nature Conservancy finds that 84 percent of the world’s coasts are being overtaken by invasive species. The first quantitative study of the impact that marine invasive species are having illustrates where they are located, how they are transported and what they do to the natives once they occupy new ground.

The Great Lakes are no stranger to the ecological devestation these species are capable of and have spent nearly $5 billion annually to ward off more invasive species. “Every day, thousands of vessels cross our oceans with invasive species hitchhiking on their hulls…as many as 10,000 species are estimated to be in transit at any one time,” Jennifer Molnar, conservation scientist and lead author of the study told Environmental News Service.

Again, this is no surprise to those concerned with the fresh water habitats in the Great Lakes. We have known for some time that ships are the Trojan Horse of these aquatic pests. That is why we are dedicated to getting a strong Ballast Bill approved by Congress. The Ballast Water Management Act of 2007 is the most comprehensive ballast legislation ever considered by Congress, but generated some concerns over preemption of the Clean Water Act, state control of waters and a loop hole that could allow the Coast Guard to delay treatment of the ballast waters using excuse after excuse such as cost, feasibility, you name it. Having said that, this legislation is the closest we have ever come to a systematic approach that promises real help to counter the problem. And we would hate to throw the baby out with the ballast water.

Because the Great Lakes need ballast legislation to fight the invasive species threat and we need it yesterday we will be urging Congress to improve the bill and approve it during our visit to Capitol Hill this week.

Last Fall, New York Governor Eliot Spitzer weighed in respectfully asking committee members to rethink a little clause that would prevent states from employing their own, stricter or stronger ballast programs in their waters if the federal law becomes a sludgy, watered down mess. The Governor, like us, is also worried that the law “unduly” preempts the Clean Water Act.

“Exempting ballast water discharges from the Clean Water Act may lead some states to be in the position of not being able to meet or effectively implement their state water quality standards,” he wrote.

Finally, he too is concerned with the late start date for ships to have treatment technology onboard. “We cannot afford to delay action any longer,” Spitzer wrote.

The same exact concerns were raised by six state attorneys general in a powerhouse statement he sent to the committee members. The AG’s from Illinois, Michigan, Minnesota, New York, Wisconsin and Pennsylvania joined forces as the responsible legal officers to express their “strong opposition” to the same three aspects of the bill.

As a coalition, we share the concerns of Governor Spitzer and the Attorneys General and last Fall sent our own letter to the committee. We can’t possibly express with the words that currently exist in the English language how urgently we need ballast management for the very survival of the Great Lakes.

Alien species may be invading global waters, but this is one issue that is better fought locally. They cost the United States $120 billion annually to control and repair damage. They are literally the biggest threat the Great Lakes face. There are 185 invasives in the Great Lakes already, sixty percent of which come from ballast discharge. More than 200 scientists have testified that the lakes are at a tipping point – we have a very narrow window of opportunity before this destructive scourge creates an “irreversible ‘invasional meltdown’ that may be more severe than chemical pollution.” Another invasive species is discovered every 28 weeks – yikes – and it is costing the Great Lakes region approximately $5 billion annually (gulp). The strongest possible ballast management bill needs to be approved and implemented with the greatest of haste or expect a bigger, more expensive problem that we just may not be able to fix.

House Invasive Species Legislation a Step in the Right Direction, But Could Do More

Jordan Lubetkin — Tue, 17 Jul 2007 20:50:46 +0000

H.R. 2830 – a bill to reauthorize the Coast Guard – takes important steps in protecting the Great Lakes and all U.S. waters from aquatic invasive species by creating a Coast Guard program to effectively regulate the primary source of invasive species in the Great Lakes – ballast water discharges. However, there is more work to be done. As Clean Water Action’s Rosie Loeffler-Kemp said to the Duluth News Tribune, “We want to thank Rep. Oberstar for taking the initiative and getting serious about ballast water regulation. But we also want to make sure that what passes is meaningful, that it will really work to protect this resource” (see the full article here).

Improvements to the current legislation could start with faster timelines to install treatment technology on ships, and by mandating the best management practices for ships claiming no ballast on board (NOBOBs). Additionally, an increased EPA role and assurance that states will not be prevented from taking action to protect their waters from invasive species until federal standards are put into place are needed. More details about the areas that should be addressed before the House of Representatives considers this bill can be found here.

Contact your U.S. Representative about your concerns with the bill so that the Great Lakes get the comprehensive protection they deserve!

Time for Action is now on Invasive Species

Jordan Lubetkin — Sun, 01 Apr 2007 20:40:01 +0000

Our friends at the National Environmental Coalition on Invasive Species are circulting a letter to urge Congress to pass comprehensive legislation to stop invasive species from entering the Great Lakes and other U.S. waterways. Here’s some information about that worthy effort:

“It could not be clearer. Congress must pass a comprehensive aquatic invasive species bill this year. A letter saying as much is being sent to members of Congress this month, and we’d like to get as many organizations signed on in support as possible. If you’re affiliated with an organization that is interested in signing on to the letter, please contact Lindsay Graham by Wednesday, April 18.

“A perfect storm is brewing on the issue of invasive species in the Great Lakes, and Congress must take action. As noted in the January issue of this newsletter, a new invader that likely arrived in the ballast tank of an ocean going ship – the “bloody-red shrimp” – has been found in the Great Lakes. Also making its way through the Great Lakes, leaving a trail of destruction in its wake, is the deadly fish virus viral hemorrhagic septicemia (VHS). Like the bloody-red shrimp, the VHS virus is thought to have arrived via ballast discharge. Currently a new invasive species is discovered in the Great Lakes every 28 weeks.

“Despite a federal district court ruling directing the Environmental Protection Agency to regulate ballast discharge of ocean going vessels under the Clean Water Act, the agency has shown an unwillingness to act. To add insult to injury, the shipping industry is suing the first state (Michigan) that has passed a law trying to protect itself from the invasive species that can accompany ballast discharge. Conservation groups Michigan United Conservation Clubs, National Wildlife Federation, and Alliance for the Great Lakes have filed a motion to intervene in the case. Seeing no help from the federal government, several other Great Lakes states are considering regulations similar to what Michigan passed.

“So what does this all add up to? One invasive species expert calls it a federal “loophole the size of an ocean freighter”. Every day we wait, the problem gets worse and the solutions get more costly. Please add your organization’s voice to the many that are already calling on Congress to act swiftly to protect our waterways so our kids can enjoy them the way we have.”

Read the draft sign-on letter