Amicus brief filed in federal court case brought by Southern Environmental Law Center

WASHINGTON, D.C.—Representatives of thousands of sportsmen and women across the country filed a friend of the court brief today in support of a lawsuit to overturn the Waters of the United States rule (2020 WOTUS rule).

Trout Unlimited, the Theodore Roosevelt Conservation Partnership (TRCP), the Izaak Walton League of America, and the American Fly Fishing Trade Association (AFFTA) joined Dale Hall, former director of the U.S. Fish and Wildlife Service, on the amicus brief. In the filing, the parties rebut the legal and scientific basis for the 2020 WOTUS rule, and describe likely harms the rule will cause anglers, hunters, and the businesses and communities that rely on clean water.

The Southern Environmental Law Center (SELC), representing a group of plaintiffs, filed suit on April 29, 2020, challenging the 2020 WOTUS rule from the U.S. Army Corps of Engineers and the Environmental Protection Agency. The rule redefines which rivers and wetlands are protected as “Waters of the United States” under the Clean Water Act. Today’s amicus brief supports SELC’s motion for summary judgment vacating the rule; the motion was filed before the U.S. District Court for the District of South Carolina on July 10, 2020.

The amicus groups and Mr. Hall have worked for decades to defend the broad, science-based jurisdictional protection historically afforded our nation’s streams and wetlands by the Clean Water Act. The 2020 WOTUS rule drastically and arbitrarily departs from longstanding law, policy, and science, removing protections for at least half the stream miles and millions of remaining wetland acres in the lower 48 states. It also threatens—rather than maintains and restores, as the law requires—the physical, chemical, and biological integrity of the nation’s waters. By eliminating the federal water quality standards and permit requirements on these streams and wetlands, the rule will cripple the ability of the Clean Water Act to protect water quality. Read more

 

 

 

 

Contact: Nick Green, MUCC Public Information Officerngreen@mucc.org; 517-346-6486

The 2000 Great Lakes Consent Decree is set to expire in August, and a court proceeding filed last week by one Upper Peninsula tribe could end sportfishing as we know it in much of the Great Lakes.

Since 1985, a large portion of Michigan’s Great Lakes fishery has been divided up under an agreement between five of Michigan’s sovereign Native American tribes and the state. This agreement was handed down by a federal court in a “consent decree” that applied to what is known as the 1836 Treaty Waters. The treaty waters extend from the mouth of the Grand River in Lake Michigan to Alpena in Lake Huron and from Sault Ste. Marie to almost Marquette on Lake Superior.

Each tribe, per the consent decree, was given its home waters, where it is free to fish and other tribes are not. Other areas of the Great Lakes were reserved for sportfishing, and some areas were shared between the tribes and the sport fishery.

The Michigan Department of Natural Resources (DNR) manages the sport fishery under this decree, which includes how available stocks are measured and what methods of take may be used by fishers. The DNR also determines creel limits, fishing methods and fisheries management for recreational anglers — who pay, through license dollars and excise taxes, to manage the fishery.

The current consent decree, and the rules that have applied for the last 35 years, is set to expire on August 8. Current negotiations to reach a new agreement are floundering and COVID-19 has limited the parties’ ability to meet and wade through critical issues. It is clear that a new consent decree will not be negotiated by the deadline next month.

On June 24, four of the five tribes, the State of Michigan, and the United States asked a federal court to extend the current decree through the end of 2020.

The Sault Ste. Marie Tribe of Chippewa Indians also filed a request with the federal court asking that the extension be granted only until November 8. The Sault Tribe asserted that after that date, however, it will be free to fish without geographical restrictions anywhere within the treaty waters even if later extensions to the consent decree are granted while negotiations continue. Though not explicitly stated, it can reasonably be assumed the Sault Tribe seeks to use any gear they deem necessary, such as gill nets, in zones that have not allowed such gear since 1985.

An amici group representing recreational anglers, of which Michigan United Conservation Clubs (MUCC) is a member of, filed a response to the requests to illustrate important history and critical issues that are preventing a successor agreement being reached. Read more

Grand Prairie, TX Trout anglers long for that flash of silver as a big trout erupts from the bottom to sip a fly off the surface of the water or grab a strategically placed spinner. The battle that ensues brings pandemonium to the cold-water angler longing for action.

Wading clear, rumbling streams, or fishing quaint, secluded lakes, trout anglers are always searching for their next adventure. A proper landing net will ensure any fish released will survive for another day. Proper handling ensures a future for this precious resource, and a landing net is an essential piece of equipment to turn your hookup into an accomplishment.

Frabill developed the Floating Trout Net family to enable anglers to practice proper catch-and-release methods or to put a fish on the dinner table. The design of the Floating Trout Nets benefits fishermen who like to wade, fly fish or use their favorite watercraft. Frabill’s floating trout nets make it easy to land and release your catch safely and quickly. Read more

By Glen Wunderlich

Charter Member Professional Outdoor Media Association

Camping out and fishing can be an exciting way for youngsters to spend a few days away from home.  Three great grandchildren of mine from Garden City –  a suburb north of Detroit – were able to experience what Shiawassee County has to offer in Michigan’s great outdoors.

Their whirlwind vacation began in rural Owosso, as we hauled sleeping bags, lanterns, and hot dogs to a campsite about a half mile from the road behind my home.  There, we eagerly awaited dusk, so that we could view deer as the sun sank.  Each kid had a flashlight courtesy of “Grandpa” but by the time darkness descended, they had played with the hand-held lights enough to drain the batteries.  Although there was no wildlife viewing that night, we had had enough fun to hit the hay anyway and were treated to a coyote serenade shortly thereafter.

During daylight hours, we were able to cross paths with wild turkeys, rabbits and whitetail deer at close range, as we infringed on their territory.  I also had the youngsters watch as I called out to a rabbit we named Robert, which has come to know me as a provider of cracked corn and a mix of bird seed.  Robert remained calm but still ready to flee, as I whistled and approached to within a few feet with a handful of grain.

On the final full day of the youngsters’ vacation, a fishing trip was planned to nearby Hopkins Lake.  The idea was to arrive at the lake early enough to ensure a place at the dock.  Three rods and reels were rigged in advance with bobbers and hooks to minimize the confusion sure to follow.

It took us a few hours to use the last of 30 worms purchased at a local convenience store.  However, in that amount of time we had landed well over a dozen bluegills only to be surpassed by a boat load of seaweed.

Ol’ Grandpa was wise to leave his personal rod and reel at home, because there was never one moment of peace apart from untangling lines and threading worms onto hooks.

The next stop was Bentley Park, where the kids descended upon the magnificent playscape structures that were unoccupied until our visit.  I recognized the playground equipment from my position as Chairperson of the city of Utica’s Parks and Recreation Commission over 30 years ago, when we supplemented a park with the same Miracle brand equipment.  Hats off to the volunteers and officials who had the foresight to make it happen with Michigan-made products that just happen to be the best there is!

While there, I noticed a city worker diligently policing the grounds for litter and going about his chores.  We began to talk as the kids enjoyed running through the puddles of the splash pad, which unfortunately had been shut down because of Covid 19 concerns.  The friendly worker told me about another place to fish near the Curwood Castle and also gave me directions to Harmon Patridge Park not far from where we were.

We checked out the fishing hole, took a few pictures at the castle site and off we went to discover yet another park gem.  Before departing our vehicle, one of the girls exclaimed, “monkey bars!” and they couldn’t get there fast enough.

More first-rate structures with rubber pieces afoot to protect against accidental falls invited the youngsters to show their stuff.  It didn’t take long for Grandpa to realize that the kids had been acquainted with climbing structures sometime in their past.  It was big fun all over again!

We capped off the last afternoon of the youngsters’ vacation with ice cream cones that were licked to death before they melted into a mess.

Again, a big “Thank you” to all the volunteers who’ve worked behind the scenes to provide these fantastic facilities right here at home.  You’ve made more than mere parks; you’ve made lifetime memories.