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Soon to be Back in Session, the Michigan State Legislature Will Ponder the Status of Legislation that, if Passed, Would Act to Severely Limit the Authority of Local Units of Government

If passed by both the Michigan House of Representatives and the Michigan Senate, Michigan House Bill 4722 would serve to amend Public Act 110, the Michigan Zoning Enabling Act, to prevent local units of government from passing ordinances that would prohibit short term rentals in areas that are zoned residential. In areas such as northern Lower Michigan that are blanketed with inland lakes possessing lakefront homes that serve as high demand short term vacation rental properties, the ability to rent to vacationers on a short term basis during the summer months usually plays an important role in allowing property owners to be capable of affording the considerable mortgages that are often associated with lakefront properties in Michigan.

The Michigan House of Representatives will also be tasked this fall with considering Senate Bill 429 that would add Part 639 (Sand and Gravel Mining) to the Natural Resources and Environmental Protection Act (NREPA), that, if passed would:

– Specify that mining would be considered authorized under Part 639 if it had received a local permit for mining, zoning approval, or other governmental authorization, or was not required to have obtained an authorization because of nonregulation or because the mining was a legal nonconforming use.

— Specify that Part 639 would preempt an ordinance, regulation, resolution, policy, or practice of a governmental authority created by statute, municipality, or county that prohibited or regulated certain aspects of a mine.

— Prohibit, except for minimal extraction activities or for certain exempt activities, a person from engaging in mining except as authorized by a mining permit, which would have to be obtained from the Department of Environment, Great Lakes, and Energy (DEGLE).

Passage of Senate Bill 429 into law would effectively strip local units of government of the authority to deny or approve gravel mining permits. It is important to note that the Michigan Senate has already acted to overwhelmingly pass bills to strip local governments of authority to issue gravel mine permits.

The bills would also act to give gravel mining permitting authority to the Michigan Department of Environment, Great Lakes, and Energy. In the vast majority of cases, EGLE would be required to issue the permits even if local governments and residents oppose new mines.

The bills currently set no limits on hours of operation for gravel mines, and they would also be allowed to operate within a block of schools, churches, or areas zoned residential. Opponents of the legislation suggest that the bills would destroy the quality of life for many people across the state who live in quiet, rural areas.

Senate Bill 429 (S-3) would add Part 639 (Sand and Gravel Mining) to the Natural Resources and Environmental Protection Act (NREPA) to do the following:

– Specify that mining would be considered authorized under Part 639 if it had received a local permit for mining, zoning approval, or other governmental authorization, or was not required to have obtained an authorization because of nonregulation or because the mining was a legal nonconforming use.

— Specify that Part 639 would preempt an ordinance, regulation, resolution, policy, or practice of a governmental authority created by statute, municipality, or county that prohibited or regulated certain aspects of a mine.

— Prohibit, except for minimal extraction activities or for certain exempt activities, a person from engaging in mining except as authorized by a mining permit, which would have to be obtained from the Department of Environment, Great Lakes, and Energy (EGLE).

Our readers are encouraged to contact their respective state representative or senator to express their support or opposition to the proposed legislation.

USEPA Survey Reaffirms that an Extraordinarily Abundant Exotic Invasive Quagga Mussel Population Continues to Dominate Lake Michigan’s Aquatic Ecosystem

Reporting that quagga mussels continue to be “major drivers and stressors” within the lake’s aquatic ecosystem, aquatic scientists assigned to the United States Environmental Protection Agency’s (USEPA) 180-foot Lake Guardian research vessel who recently completed their once every five-year survey of Lake Michigan have concluded that although the population of the exotic invasive mussels appears to have leveled off, the rapidly reproducing member of the Dreissena mussel family is becoming larger, and is occupying deeper areas of the lake’s basin. Enabled by the capacity to attach themselves to hard surfaces ranging from water intake pipes to the hulls of shipwrecks as well as to soft sediments, the filter feeding mussel, a native of the waters of Eastern Europe, now occupies more than one half of Lake Michigan’s 22, 406 square mile basin. According to scientists working aboard the vessel, the recently completed survey of the lake’s basin reaffirms that exotic invasive quagga mussels (scientific name: Dreissena bugensis) have become the dominant factor in Lake Michigan’ aquatic ecosystem.

First discovered in the Laurentian Great Lakes region in Lake St. Clair in 1988, quagga mussels represent one of two species of Dreissena mussels, the other being the now widespread zebra mussel (Dreissena polymorpha), that each entered the region via the ballast water discharges of trans-oceanic freighters navigating into the region through the St. Lawrence Seaway. Since their initial discovery over thirty years ago, quagga mussels have spread rapidly throughout Great Lakes and Mississippi River Basin states, and several other watersheds located throughout the eastern, central, and western United States, including the Colorado River, and Lake Mead, located in Nevada and Arizona. Both quagga and zebra mussels are capable of being introduced to other water bodies via microscopic larvae that are easily transported in ballast water, bilges, live wells, and other on-board equipment that holds water.

Although quagga mussels are capable of tolerating salinities of up to five parts per thousand, they have evolved to prefer the calcium carbonate rich freshwaters found in all of the Laurentian Great Lakes except Lake Superior. Unlike zebra mussels that prefer water temperatures ranging from 68° to 77° F (20° to 25° C), quagga mussels have evolved to prefer significantly cooler water temperatures ranging from 59° to 68° F (15° to 20° C). It is also known that water temperatures of 82° F (28°C), or greater begin to produce high mortality rates in quagga mussels. In contrast to zebra mussels that are more likely to be found thriving in near shore shallow water areas hosting higher water temperatures, quagga mussels are more likely to be found occupying off shore areas of the basin hosting water depths of up to 500 feet (152 meters), and inherently colder water temperatures.

Although the long term ecological effects of trillions of quagga mussels feeding upon the microscopic aquatic plants and animals that form the basis of the food chain in most lakes and rivers are not yet well understood, scientists working aboard the R/V Lake Guardian are concerned that an astronomical population of filter feeding quagga mussels are in fact gradually depleting a once abundant aquatic food chain that has a long history of supporting a robust Laurentian Great Lakes fishing industry. Moreover, the economic cost of managing the steadily escalating harmful influences of an extraordinary abundant population of exotic invasive Dreissena mussels is $500 million per year. Exotic invasive Dreissena mussels reduce the operational efficiency of power and waste water treatment plants by clogging water intake pipes, and are having an increasing negative influence upon the Great Lakes region’s lucrative recreation boating and sport fishing industries by completely covering docks, breakwalls, buoys, boats, and beaches. Littering beaches with millions of sharp edge shells, removing dead mussels from public beaches has also become a significant expense for municipal governments.

Scrappy Bluegill Thriving in Most of Michigan’s Inland Lakes

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For those of us who were lucky enough to spend our childhood living on or near one of Michigan’s thousands of inland lakes, the scrappy bluegill, also sometimes referred to as bream or sun perch, was often the first fish that many of us ever caught while dangling a hook, worm, sinker, and bobber from the end of a flimsy cane pole. Native to the eastern half of the United States, due to the fact that the rapidly reproducing member of the sunfish family gradually became one of North America’s most popular sport fish, and have therefore been intentionally introduced to many regions where they are not indigenous, bluegill now commonly inhabit the waters of lakes, lagoons, reservoirs, ponds, quarries, and rivers extending from Canada to northern Mexico.

Capable of growing to 9½ inches (.24 meter) in length, and achieving a weight of up to 12 ounces (340 grams), bluegill (scientific name: Lepomis macrochirus) may be differentiated from other commonly occurring members of the sunfish family by the six to eight dark vertical bars that adorns both sides of their compressed body, a namesake pale blue spot on the upper most lobe of their gill cover, a relatively small head and mouth, a dorsal fin that features nine to eleven spines, and by an anal fin defined by three spines. Bluegill possess an upper body that is dark olive-green in color that gradually blends to colors ranging from lavender, brown, copper, or orange on the sides, and a reddish-orange or yellow belly. It is interesting to note that adult male bluegills may be distinguished from the females of the species by the presence of brighter, more tense coloration patterns.

Preferring quiet waters found in small to mid-sized inland lakes or ponds, bluegills are most often observed in large numbers within habitats ranging from dense submerged aquatic plant stands located near the drop-off in water depths of up to ten feet to areas hosting shade induced cooler waters located under docks, swimming rafts, or overhanging tree branches. In addition to habitats defined by complex vegetative or woody structure that provide protection from predation, bluegills prefer habitats that are capable of supporting their voracious, non-stop foraging upon insects, insect larvae, small crustaceans, and worms.

Reaching sexual maturity within their first two years of life, bluegills are capable of achieving and sustaining prolific rates of reproduction. Responding to the arrival of late spring or early summer, bluegill begin their annual reproductive cycle as water temperatures reach 70° F (21° C). The process begins as male bluegills use their tail to create a sediment free dish shaped nest lined with gravel and stone in water depths ranging from 1.5 to 4 feet (.45 – 1.21 meter). Given the fact that bluegills are colonial nesters, areas of inland lakes characterized by ideal breeding habitat comprised of flat or gradually sloping areas of shallow water interspersed with dense aquatic plant growth, and/or woody debris will often host hundreds of the saucer shaped nests. Depositing their eggs within the stone and gravel lined areas of several adjacent nests, mature female bluegills are capable of producing up to 80,000 eggs per year. The survival of each nest’s offspring is promoted by the fact that females and males make genetic contributions to multiple nests. Following the creation of nests, and the deposition and fertilization of eggs, male bluegills aggressively guard their respective nests from predators, and help promote the viability of the fertilized eggs by preventing sediment from accumulating within the nest. Following a brief incubation period the eggs hatch, and the male of the species guards the hatchlings until they are mature enough to venture out of the confines of the nest, and into open water.

Governor Whitmer Declares July 2021 as Lakes Appreciation Month

FOR IMMEDIATE RELEASE
July 6, 2021
Nick Assendelft, Public Information Officer, AssendelftN@Michigan.gov, 517-388-3135

Gov. Whitmer proclaims July Lakes Appreciation Month

Gov. Gretchen Whitmer has designated July as Lakes Appreciation Month, highlighting a resource that fuels Michigan’s economy, is the source of drinking water for millions, draws tourists from around the world and offers countless opportunities for recreation.

“Michiganders are blessed with an abundance of natural water resources, namely our awesome Great Lakes and over 11,000 inland lakes. We have a duty to protect and preserve these precious resources as well as our wetlands, rivers and groundwater for future generations,” said Gov. Whitmer. “Ending sewer overflows, fixing failing septic systems, cleaning up contaminated sites and planning for the effects of climate change are critical to a clean and healthy future for our lakes. We must work together to protect our treasured water resources and do everything we can to ensure they are here for Michiganders to enjoy centuries from now, just as we enjoy them today.”

While there are many challenges facing Michigan’s lakes and connected waterways, aging infrastructure and the effects of climate change are two highly important issues that require increased awareness during Lakes Appreciation Month and the months to come.

The Governor’s MI Healthy Climate Plan creates a roadmap to a carbon neutral economy by 2050 that will also protect the state’s natural resources, including lakes. The Governor’s MI Clean Water Plan is a $500 million investment in infrastructure from source to tap that will make for cleaner, more affordable water. Nearly $3 million under the plan will help communities develop, update and improve their wastewater and stormwater plans, keeping pollutants out of Michigan’s lakes and rivers.

Protecting water resources is part of the Michigan Department of Environment, Great Lakes, and Energy’s (EGLE) mission and the department is leading the development and implementation of the MI Healthy Climate Plan and the MI Clean Water Plan.

EGLE’s Water Resources Division protects and monitors Michigan’s waters by establishing water quality standards, assessing the health of aquatic communities, encouraging natural shoreline practices, regulating wastewater discharges and overseeing aquatic invasive species concerns and water withdrawals. EGLE’s Office of the Great Lakes oversees Great Lakes water policy and strategy implementation as well as representing the state at national forums regarding the Great Lakes.

To learn more about Michigan’s lakes or how to help keep them healthy, consult these resources:

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Canada Imposes Strict Ballast Water Management Regulations on Maritime and Great Lakes Shipping Industry In Order to Reduce Exotic Aquatic Invasive Species Introductions

Representing a precedent setting action that will likely result in a dramatic reduction in the number of inadvertent introductions of exotic aquatic animal, plant, and algae species that occur in North America over the course of the next decade, the Canadian Ministry of Transport recently announced new ballast water regulations that will apply to vessels navigating the waters of Canada as well as to Canadian vessels operating anywhere in the world. Canada’s newly promulgated ballast water regulations include “lakers” – vessels that navigate only from port-to-port within the Laurentian Great Lakes.

Observing that “coasts and waterways are vital to our environment, livelihoods, and economy, and must be protected”, Minister of Transport Omar Alghabra stated that new ballast water regulations would require companies that own and operate vessels on Canadian waters to take action to significantly reduce the number of new exotic aquatic invasive species introductions by installing updated ballast water management systems, by increasing the frequency of ballast water management system inspections, and by enhancing the requirement to create and maintain records pertaining to ballast water system inspections, maintenance, surveys, and system certifications.

In announcing implementation of what the maritime and Great Lakes shipping industry views as strict, and expensive to implement ballast water regulations, the Canadian Ministry of Transport revealed that the decision to require the installation of modern ballast water system technology is supported by studies that indicate the action will result in reducing the number of exotic aquatic species that are introduced to Canadian maritime and Great Lakes ports by as much as 82%. It is important to point out that ballast water that is not treated before it is taken on-board in order to help keep vessels stable in turbulent waters can accidentally lead to the introduction and spread of exotic aquatic invasive species. Well known examples of ballast water enabled introductions of exotic species within the Laurentian Great Lakes region include now widespread species such as Eurasian water milfoil, quagga and zebra mussels, spiny water flea, and starry stonewort. The introduction and spread of exotic aquatic plant, animal, and algae species are now well known to be capable of rendering severe, long term negative impacts on native freshwater ecosystems, local fisheries, beaches, and critical infrastructure such as hydro-electric dams.

While conservation focused organizations such as the Chicago-based Alliance for the Great Lakes are “excited to see Canada decide to regulate lakers which can move aquatic invasive species from lake-to-lake”, United States-based Great Lakes shipping firms as represented by the Lake Carriers Association  have suggested that the new Canadian regulations regarding the use and release of ballast water are “unfair, excessively expensive, and designed to undermine competition in the business of ferrying goods across the world’s largest collection of freshwater lakes.” In response to Lake Carriers Association concerns, the United State Federal Maritime Commission recently launched a formal investigation into Canada’s intent to change the rules that govern an important aspect of shipping on the Great Lakes. The complexity of the issue is compounded by the fact that United States Environmental Protection Agency regulations effectively exempt “lakers” from the need to treat ballast water, only requiring ocean-going vessels to manage ballast water.

Bills Seeking to Deprive Local Units of Government of the Authority to Issue Permits for Gravel MInes, and Short Term Rentals Pending in the MI State Legislature

Readers of this newsletter still have an opportunity to contact their respective State Representatives and Senators in order to express their opposition or support for controversial legislation that is pending further action in Michigan’s state legislature.

Legislation introduced in both the Michigan Senate and House of Representatives would act to effectively strip local units of governments of the ability to regulate short-term rentals within their respective communities. Introduced by Representative Sarah Lightner, R-Springport, and Senator Aric Nesbitt, R-Lawton,  House Bill 4722 and Senate Bill 446 would act to amend the Michigan Zoning Enabling Act to allow short-term rentals to be zoned as residential-use without the need to obtain a special-use permit from the local planning and zoning commission. The legislation would, however, allow local units of governments to maintain their capacity to regulate short-term rentals in regards, for example, to establishing the maximum number of occupants that would be permitted within a particular residence.

Sponsored by Senate Minority Leader Jim Ananich, D-Flint, if passed into law, this legislation would effectively end the ability of local units of government to approve or disapprove permits for gravel and sand mining operations within their jurisdictions. Passed in the Senate by a narrow margin in early June, Senate Bills 429, 430, and 431 would act in unison to transfer the sole authority to issue permits for sand and gravel mining operations to the Michigan Department of Environment, Great Lakes and Energy. Comparable legislation introduced in the Michigan House of Representative as House Bill 5979 has not yet received a vote.

To find your Michigan Representative, click here

To find your State Senator, click here

Streams and lakes statewide will benefit from 17 DNR Fisheries Habitat Grant projects

June 17, 2021
Contact: Joe Nohner, 517-599-6825 or Chip Kosloski, KosloskiC3@Michigan.gov

Peninsular Paper Dam

 

 

 

 

 

 

Seventeen fish habitat conservation projects in streams and lakes across the state will share more than $2.1 million in Fisheries Habitat Grants administered by the Michigan Department of Natural Resources.

The projects, supported by an additional $616,000 in matching partner contributions, will rehabilitate and protect valuable fish habitat that provides the foundation for Michigan’s  world-class fisheries. Eleven of the funded projects are priority habitat conservation projects as identified by the DNR.

The Fisheries Habitat Grant program provides funding for a variety of activities including fish habitat conservation, dam removal and repair, resource assessment studies and access to recreation opportunities like fishing. Funding from fishing license sales, State of Michigan general funds and a settlement with Consumers Energy is distributed through three grant areas: aquatic habitat conservation, dam management, and aquatic habitat and recreation in the Au Sable, Manistee and Muskegon river watersheds.

Joe Nohner, a resource analyst with the DNR Fisheries Division, said the funded projects will protect and rehabilitate fish habitats across the state, while in many cases improving public safety by removing dams.

“When completed, these projects will reconnect fish passage on over 250 miles of streams, including cold water habitats that provide greater resilience to warming on some of the state’s premier trout and salmon rivers such as the Au Sable, Boardman, Pere Marquette and Muskegon,” Nohner said. “We’ll also be able to get valuable new information about inland lake aquatic vegetation, mussel populations and northern Michigan trout streams, which means even more effective resource management.”

Projects funded by the Fisheries Habitat Grant program include:

  • City of Albion – Albion dams feasibility study (Calhoun County), $105,000.
  • Clinton River Watershed Council – Bald Mountain Pond dam removal (Oakland County), $26,000.
  • Conservation Resource Alliance – Baldwin River Dam removal preliminary design project (Lake County), $85,000.
  • Conservation Resource Alliance – Pere Marquette River embankment stabilization and floodplain restoration (Lake County), $100,000.
  • Conservation Resource Alliance – Reconnecting the North Branch of the Boardman River at Broomhead Road (Grand Traverse County), $100,000.
  • Conservation Resource Alliance – Stony Creek restoration and fish passage at Marshville Dam, Phase I (Oceana County), $100,000.
  • Huron River Watershed Council – Peninsular Paper Dam removal design (Washtenaw County), $334,500.
  • Lake Superior State University – Expanding the MiWaterNet initiative to implement water sensors in the eastern Upper Peninsula (multiple counties), $35,000.
  • Michigan DNR Wildlife Division – Swan Creek 118th Ave. Dam removal feasibility, drawdown and construction (Allegan County), $245,000.
  • Michigan Natural Features Inventory – Targeted native mussel surveys in southern Michigan lakes and reservoirs (multiple counties), $47,500.
  • Michigan State University Department of Fisheries and Wildlife – Status of aquatic macrophytes in Northern Lake Huron and Lake Superior management units (multiple counties), $162,300.
  • Michigan Trout Unlimited – Aquatic organism passage at Grayling Fish Hatchery; alternatives assessment, engineering and design creation (Crawford County), $53,000.
  • Muskegon Conservation District – Rio Grande Creek Dam removal, Phase I (Muskegon County), $37,300.
  • Muskegon River Watershed Assembly – Altona Dam removal (Mecosta County), $114,700.
  • Muskegon River Watershed Assembly – Buckhorn Dam removal (Mecosta County), $156,200.
  • Oakland County – Mill Pond Dam removal and restoration (Oakland County), $345,000.
  • Upper Peninsula Resource Conservation and Development Council – Tahquamenon River Road stream crossing inventory update, (multiple counties), $62,400.

Fisheries Habitat Grant funding is available annually to local, state, federal and tribal governments and nonprofit groups through an open, competitive process. The next request for proposals is expected to be announced in October.

Learn more about the Fisheries Habitat Grant program at Michigan.gov/DNRGrants.

Spreading Throughout the Great Lakes Region, Exotic Invasive Spiny Water Flea Represent a ‘Clear and Present’ Danger to Michigan’s Inland Lakes

First observed in the waters of Lake Ontario in 1982, the exotic aquatic crustacean known as spiny water flea are a native of Europe and Asia that were first introduced to the freshwaters of North America via the discharge of contaminated ballast water emanating from a trans-oceanic cargo freighter that had entered the Laurentian Great Lakes through the St. Lawrence Seaway. Subsequently detected in Lake Huron in 1984, Lake Erie in 1985, Lake Michigan in 1986, and Lake Superior by 1987, spiny water flea began to appear in a steadily increasing number of inland lakes located throughout the region beginning in 1990. Large inland lakes in the region that now host abundant populations of spiny water flea include Lake George in upstate New York, Minnesota’s Lake in the Woods, the Madison Chain of Lakes located in Wisconsin, and Lake Michigamme, one of Michigan’s largest inland lakes, that is situated in the Upper Peninsula near Marquette.

Microscopic aquatic animals that are known as zooplankton, spiny water flea – scientific name Bythotrephes longimanus, are opaque in color, and are characterized by a single long tail that comprises 70% of their length that on average ranges from one-quarter inch (6 mm) to five-eighths inch (16 mm). The exotic invasive zooplankton species may also be identified by the presence of one to four barbs on their long tail, and by a head whose appearance is dominated by the presence of a large, single black eye. Capable of exponential population growth, and of rapidly establishing sustainable populations in newly invaded lakes, spiny water fleas have evolved to utilize both asexual and sexual means of reproduction. In warm summer waters, each adult spiny water flea is capable of asexually cloning up to 10 new individuals in as little as two weeks. Responding to the cooler waters of mid-to-late fall, male and female spiny water flea reproduce sexually, and produce large quantities of large, robust eggs that settle in lake sediments where they overwinter until the following spring in a dormant state. Spiny water fleas that are cloned, and/or that are hatched from eggs in response to the arrival of warm waters are capable of reaching maturity, and of reproducing within one week of the time they are born. It is important to note that part of the extraordinary ability of the exotic crustacean to successfully spread from lake-to-lake is enabled by the fact that the eggs of the species that are often eaten by minnows that are later captured by fisherman for use as bait, and then transported via trailered watercraft to a new lake are capable of surviving passage through the minnow’s gut, and of later hatching, representing the beginning of a new invasive population.

Preferring mesotrophic (moderately productive) and oligotrophic (low bio-productivity) inland lakes found in northern temperate regions of the earth, spiny water fleas regularly migrate from lower layers of the water column hosting deep, dark, dissolved oxygen starved waters to the well-lit, well oxygenated waters of the upper water column. Optimal water temperature for spiny water flea ranges from 14° – 23° C (57° – 73° F). Intolerant of water temperatures that exceed 26° C (78° F), temperature is known to play a major role in determining their sexual and asexual reproductive efficiency, and their overall abundance within in a given aquatic ecosystem. Preferring freshwater ecosystems, it is important to note that within their native geographic distribution range, spiny water flea are capable of tolerating the brackish water ecosystems that are often located near oceanic coastal areas.

The most significant ecological impact rendered by abundant populations of invasive spiny water flea are derived from the fact that the highly predatory crustacean preys heavily upon native zooplankton, including Daphnia, that represent a critical food source for native fish populations in most northern temperate inland lakes. The aggressively foraging invasive zooplankton species is capable of adversely affecting the growth and survival of young fish such as bluegill and yellow perch by reducing or eliminating native zooplankton species that form the “ground floor” of the aquatic food chain in many northern temperate inland lakes. Research indicates that spiny water fleas are responsible for consuming 1.5 to 5 times the quantity of native zooplankton than is consumed by juvenile yellow perch. This fact is particularly important in light of the fact that most native juvenile fish are incapable of preying upon the invasive zooplankton species due to their extraordinarily long, barbed tails. Abundant invasive spiny water flea populations are also capable of dramatically affecting inland lake ecosystems by reducing or eliminating native populations of native zooplankton species such as Daphnia magna, that in addition to representing an important native food source for juvenile fish, are also known to make important contributions to helping sustain clear water by aggressively foraging upon, and controlling the density of water clarity depriving single cell green algae species knows as phytoplankton.

Transported to new inland lakes by the 95% of recreational fisherman who tow their watercraft from lake-to-lake, spiny water flea attach their long barbed spines to all types of surfaces – including fishing lines, nets, and anchor ropes—and unless boats, trailers, and fishing gear are thoroughly cleaned between each trip by their owner/operators, transient watercraft are capable of carrying exotic invasive spiny water fleas and their eggs between lakes, infecting one lake after another with a highly aggressive invasive species. Due to their relatively small size, spiny water fleas are often very difficult to discern on an individual basis, and are usually detected by the presence of clusters of thousands of spiny water flea that appear as a “bristly glob of jelly with black spots” on monofilament fishing line.

The significant ecological threat posed by the highly invasive zooplankton species is emphasized by the fact that they are capable of exponential population growth, and possess the capacity to irrevocably alter the aquatic ecosystems they invade, and to ultimately diminish the recreational and economic value of affected inland lakes. Based upon their ability to severely disrupt native aquatic ecosystems, and upon the fact that lake managers currently possess no viable means of eradicating, or of even controlling the abundance of the aggressive crustacean, spiny water flea represent one of the most significant biological invaders to have thus far entered the freshwater ecosystem inundated Great Lakes region.

In the case of steadily expanding abundant populations of the exotic invasive crustacean, the only viable means of limiting the ecological impact of the rapidly reproducing species is to attempt to curtail the number of aquatic ecosystems the species successfully invades by encouraging transient fisherman and recreational boaters to thoroughly “clean, drain, and dry” their watercraft, batt wells, fishing equipment, and trailers before towing their boat to a new lake.  For more information on the Michigan Clean Boats, Clean Water program, visit https://www.canr.msu.edu/clean_boats_clean_waters/ .

Proposed MI Senate Legislation Would Eliminate Authority of Local Governments To Approve, and/or Regulate Sand and Gravel Mining Operations

Representing a renewal of an intensive effort that began in 2017, the Michigan Aggregates Association, in consortium with gravel and sand mine operators, and other interested business groups have launched a new push in Lansing to pass legislation that would make it much easier to open and operate a sand and gravel mine near residential communities. If passed into law, the language of Michigan Senate Bills 429, 430, and 431 would act to eliminate the authority of local governments to approve, and void the ability of local zoning officials to regulate mines in a manner that may help to  minimize their negative impact upon the quality of life for residents living in surrounding communities. The proposed legislation would also act to move approval authority for aggregate mines from local governments to the Department of Environment, Great Lakes, and Energy (EGLE). It is important to note that language embedded in the package of bills would also effectively prohibit EGLE from denying a permit application based solely upon the potential for the proposed surface mining operation to have a negative impact on the water quality of surrounding lakes, streams, wetlands, and/or of groundwater.

Those supporting the initiative, including highway construction contractors, and others currently involved in supporting a large number of projects focused on rebuilding and repairing Michigan’s highways, roads, bridges, and dams argue that their pro-active support for the legislation stems from the fact that they often have to travel relatively long distances to acquire the large quantities of gravel and sand that are required to complete their work. Supporters of the legislation have also argued that the 325 gravel and sand mines currently operating in Michigan are unevenly distributed throughout the state making it difficult for them to efficiently meet the exceptionally high demand for aggregate on a timely basis.

Those opposing the initiative that is being sponsored by the Michigan Aggregates Association, and their allies within the highway construction industry argue that the legislation would effectively eliminate zoning authority and oversight capability from local governments, and allow sand and gravel mining operations to negatively impact local residents, public schools, businesses, and hospitals. It is important to note that several non-profit organizations, including the Michigan Association of Counties, the Michigan Township Association, the Michigan Municipal League, and the Michigan Association of Planning,  and several environmental groups such as the Michigan Chapter of the Sierra Club, and the Metamora Land Preservation Alliance, for example, have joined forces to help ensure that the legislation is not passed into law. Opposition to the controversial legislation also stems from the reality that even though there is a high potential for surface mining operations to contaminate groundwater supplies, and to negatively affect the water quality of surrounding lakes, streams, and wetlands, the proposed legislation would forbid the Department of Environment, Great Lakes, and Energy from denying permit applications based solely on this fact.

Readers should “stay tuned” to future Michigan Waterfront Alliance newsletter updates for information regarding the status of the proposed legislation.

Minnesota Leads the On-Going Battle with Exotic Aquatic Invasive Plant and Animal Species

by Scott Brown, MWA Board of Directors

Pro-active Support from the Minnesota State Legislature and an Aquatic Invasive Species Surcharge on Watercraft Registrations Provide the Necessary Resources to Enable an Effective Battle Against Exotic Aquatic Invasive Species

Responding to increasingly widespread infestations of Eurasian watermilfoil, curly-leaf pondweed, starry stonewort, zebra mussels, and spiny water fleas, that are known to represent a significant public health threat, and that may also severely limit the capacity of affected aquatic ecosystems to support desirable native aquatic plant and animal species, the Minnesota state legislature has acted to establish a well-funded and intensely pro-active Minnesota’s Invasive Species Program.

Providing robust funding appropriations and enabling sustainable funding mechanisms in order to effectively administer programs that are dedicated to curbing the spread and harmful influences of aquatic invasive species, Minnesota’s state legislature seems to understand that rapidly propagating exotic aquatic invaders represent a dire threat to the current and future recreational status and economic value of their state’s vast natural legacy of high-quality inland lakes, rivers, streams, and wetlands that forms the basis of  Minnesota’s $16 billion dollar freshwater ecosystem-based tourism industry.

Minnesota’s robust Invasive Species Program includes a Department of Natural Resources (DNR) administered Aquatic Invasive Species Control Grant  that is intended to help local entities such as lake associations, watershed districts, cities, and counties fund the control of curly-leaf pondweed, Eurasian watermilfoil or flowering rush. Minnesota also administers a program entitled Aquatic Invasive Species Prevention Aid that is dedicated to preventing or limiting the spread of non-native, aquatic invasive species at the county level. Revenue provided by the program is allocated based upon each county’s share of watercraft trailer launches, and watercraft trailer parking spaces. The Minnesota Department of Revenue, for example, has certified $135,409 to be utilized for aquatic invasive species prevention efforts in Washington County, Minnesota for 2021. County officials will utilize the funds in partnership with the Washington County Conservation District in order to provide countywide aquatic invasive species control focused operations, including watercraft inspections, early detection, rapid response, and outreach education efforts. It is important to point out that Minnesota’s aquatic invasive species (AIS) prevention aid program has provided $10 million dollars to Minnesota counties each year since 2014.

Minnesota’s robust spending to support the fight against exotic aquatic invasive species doesn’t stop with the $10 million dollars that is annually appropriates to counties through the AIS prevention aid program, the state legislature also appropriates a $9 million budget to the Department of Natural Resources in order to support operations related to aquatic invasive prevention and enforcement each year. What is particularly important for our readers to understand is that Minnesota funds it’s robust exotic aquatic invasive species management programs in large part by levying a $10.60 aquatic invasive species surcharge on each three-year watercraft registration, a $5.00 aquatic invasive species surcharge on the sale of each non-resident fishing license, an annual AIS control activities dedicated appropriation from the Minnesota state legislature, and a modicum of federal funding. Minnesota’s lake associations spend an additional $1.65 million per year on activities related to the protection of their respective lakes from the potential ravages of exotic aquatic invasive species.

It is important to note that the justification for the establishment of an aquatic invasive species surcharge of $10.60 on every three-year recreational watercraft registration in Minnesota is derived from the fact that recreational watercraft owners utilizing public boating access sites are known to be an important in-water vector for the secondary spread of exotic aquatic invasive species. By often neglecting to inspect their boat, trailer, and related equipment, and/or by failing to take the time to remove visible exotic aquatic plant fragments, or animals such as Eurasian water milfoil, or zebra mussels before transporting their craft to a new public boating access site, recreational boaters are considered major contributors to a growing and increasingly difficult to fund and manage exotic aquatic invasive species related problem that exists in Minnesota, Michigan, Wisconsin, and throughout the freshwater ecosystem inundated upper Midwest.

The state’s exotic aquatic invasive species control program also includes a Minnesota Department of Natural Resources administered Preventing Aquatic Invasive Species through Behavior Change program that aims to promote the adoption of desirable aquatic invasive species (AIS) prevention behaviors and create positive social norms supporting AIS prevention in Minnesota.

Minnesota’s relatively well-funded and robust exotic aquatic invasive species control program is administered by the Minnesota Department of Natural Resources in collaboration with the  Minnesota DNR AIS Advisory Committee, local units of government, native American tribes, surrounding states and Canadian provinces, multi-jurisdictional groups concerned about the spread of aquatic invasive species, academic researchers, and in particular those assigned to the University of Minnesota-based Minnesota Aquatic Invasive Species Research Center,  Using “innovative science to identify solutions to Minnesota’s AIS problems”, the University of Minnesota-based center’s primary mission is to “develop research-based solutions that can reduce the impacts of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems; and to advance knowledge to inspire action by others.”

Readers of the Michigan Waterfront Alliance newsletter should look forward to addition articles and information regarding Minnesota’s robust exotic aquatic invasive species management program in the near future…