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Spring 2007 Waterkeeper Magazine by WaterKeeper


									                                   CLEAN WATER • KNOW YOUR RIGHTS • STRONG COMMUNITIES



Volume 3, Number 4

                                                                            Not Forrest Gump
                     Spring 2007      $5.95
                                                                 Fisher-Philosopher Jimbo Meador
Spring 2007

                                                                      RFK, Jr. & Mark Dowie
                                                                              Ancient Public Trust
Paul Mitchell salon hair care products proudly supports Waterkeeper.

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Rain is a gift.
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Volume 3 Number 4, Spring 2007

         6     Letter from the President: Robert F. Kennedy, Jr.

         10    Splashback: The Quick and the WE WIN

         12    Ripples                                                       20
         22    U.S. Power Company Accused of Canadian Environmental Crimes

         24    Say No to Cypress Mulch

         26    Waterkeepers Australia: Fighting for Flow

         28    Conversation with Fisherman-Philosopher Jimbo Meador
         30    Fish Able: Know Your Rights
               32 Fish kills, Fishermen & Pfiesteria
               40 Blue Pastures in Public Trust by Mark Dowie
               43 Saving Klamath Salmon
               45 Playing Hooky with the Shenandoah Riverkeeper
               47 Pescador Waterkeeper —
                  Guardaguas Bahía Magdalena/Magdalena Baykeeper
               48 Accessing the Kaw
               49 River Shrimp                                               29
               50 Fishable Waters, Edible Fish
               51 Seafood Consumption Advisory
               52 Fisheries Act Under Attack
               53 The Way Forward
               54 Teach Wealth
               55 Go Fish
               56 Fishing to See
         58    In the News

     60        Ganymede: Court Adjourns

         62    Waterkeeper’s Wake: Chapter Six, A Great Team

         63    Farr on Film: In the Navy, II

     64        On the Table with Giles Ashford

     66        Beating Around the Bush
     4    Waterkeeper Magazine Spring 2007                              
Letter from the President
Robert F. Kennedy, Jr.

Fighting for What I Love
    have a hunch that a lot of American         pack trip to Whiskey Bend in the San Juan       spending several days a week in and on
    men, if asked about important boy-          range on Washington’s Olympic penin-            the waters of the Hudson and that’s how
    hood moments, might reminisce               sula. We lived on the mild, flaky meat of        I came to truly know and love it. They
about their first kiss or a little league game   trout cooked over an open flame. After-          took me fishing from boats and from the
in which they made a run or an out that         ward we fished for salmon in Puget Sound         shore for striped bass, black bass and
clinched their team’s victory. Such mem-        and caught more fish than I’d ever seen.         white perch; we’d go fly-fishing in the
ories are certainly worth cherishing, but           Fishing satisfies many of my appe-           tributaries for brown and brook trout;
for some of us, something quite different        tites. Whether I’m getting blown around         we’d beach seine for exotics and shrimp;
tops the list: pulling a fish out of the water   a boat on open water or up to my waist          and we’d scuba dive from canoes in the
for the first time.                              in a placid stream, I am nourished by my        marshes. Sometimes, I’d explore the trib-
   For me, that thrilling experience is         surroundings of water, fresh air, wildlife      utary streams on my own, like I did when
a snapshot of a youth spent with water          and nature’s beauty. It can be quiet and        I was a kid. It surprised me to see tropical
and wildlife. Growing up in Virginia, my        solitary or, more often for me, joyously        fish in the estuary. They are funneled into
brother David and sister Kerry and I often      shared with family and friends. There’s         the Hudson in large cells of warm water
wandered the woods and streams near             satisfaction that this pleasurable labor re-    that break off the Gulf Stream as it flows
our house searching for frogs, crayfish          sults in getting a healthful meal. Savoring     north past Long Island. In the Croton
and mudpuppies. When my family spent            the sweet flavor of fresh fish is one of life’s   River, a tributary of the Hudson, I saw
summers at Cape Cod, my cousin Bobby            great pleasures.                                sea horses and a fish called a moongazer,
Shriver and I rode our bikes to the tidal           But unfortunately, eating your catch is     which emits an electric shock when you
inlets at Calmus Beach to crab or to the        often no longer wise. Pollution in many of      touch it.
salt marshes at Squaw’s Island to catch         America’s lakes, rivers, streams and coast-        A few years after I began working with
fiddler crabs, killifish and mummichogs in        al areas now makes it unsafe for people,        the fishermen, we set up a program that
a wire trap. We’d go dip netting for paint-     especially children, to eat fish from those      enables Pace University law students to
ed turtles and baby catfish from a dinghy        waters very often.                              play a major role in the lawsuits we were
on Anderson’s Pond or beach seining for             I began seeing this first hand around the    filing against polluters. Under a special
eels, shiners, skipjacks and Atlantic nee-      time I started having children of my own        court order, the students actually argue
dlefish; we’d snorkel for scallops until we      and wanted to share with them the joys of       the cases in court. They are training to
had enough to feed the entire family gath-      hunting for aquatic creatures. In 1984, the     be the next generation of environmental
ered at Hyannisport – a formidable task         same year my first child was born, I started     warriors who will fight to make the Hud-
in spite of the scallops’ abundance. Sev-       working for the Hudson River Fisherman’s        son safe for people and all kinds of fish
eral days a week, my parents would take a       Association, a group of commercial and          and wildlife.
huge pack of kids in our wooden sailboat        recreational fishermen who’d banded to-             These days, I take my own children
to nearby islands where we would fish for        gether to protect their right to harvest un-    fishing as often as possible; in summer, we
sand sharks, scup, flounder, puffers and          contaminated fish from public waters. (I         go several times a week. We line fish in
sea robins, gather hermit crabs, periwin-       still work for the group today, which later     the pond behind my house or beach sein-
kles and scallops and dig for steamers.         became Hudson Riverkeeper). On behalf           ing in the Hudson River, catching stripped
   One of my fondest childhood memo-            of the fishermen, I began suing corpora-         bass, sturgeon and shad. But we don’t
ries involving capturing and feasting on        tions that were killing fish and making          bring home anything to eat from these
fish was an unforgettable trip with my           them unsafe to eat by illegally dumping         outings. Everything we catch, we release,
father and siblings and Supreme Court           toxins into the Hudson River.                   regardless of species or size, because the
Justice William O. Douglas, who was a               They say that you fight for what you         fish in our area are too contaminated with
great environmentalist. It was a ten-day        love. Working for the fishermen, I started       mercury and PCBs to safely eat.

6   Waterkeeper Magazine Spring 2007                                                                             
    Tragically, mercury contamination
now makes it unsafe for children and
women of childbearing age to eat any
freshwater fish in Connecticut, most of
the fish in New York State and all of the
fish in the New York City reservoir sys-
tem. The fish in 44 states now have con-
sumption advisories because of mercury
    In the Northeast and Great Lakes
states, most of this mercury comes from
coal-fired power plants. The mercury in
coal can mostly be filtered out of air
emissions by modern equipment. The
Clean Air Act requires power plants
to modernize as they make alterations.

                                                                                                                                                BILL ABRANOWICZ
But a handful of power plants, many
of them in the Ohio Valley, have stub-
bornly refused to put in better filtering
equipment. This mercury lands on water            at risk for permanent IQ loss, kidney and
bodies, soils and forests, putting the toxin      liver damage, blindness and possibly au-       rights of access to public waters and fish-
in everything fish eat and ending up in the        tism because of the mercury. Half of the       eries, rights that no president, governor
flesh of the fish humans eat.                       mercury emissions in our country are           or CEO can deny.
    The Bush administration has failed to         coming from those coal-burning plants in          There are at least three things each of
make these coal-fired plants modernize;            the Ohio Valley.                               us can do to turn the tide on the fate of
it even proposed doing away with the                 The contamination of American fish-          our fisheries. First, I recommend support-
part of the Clean Air Act that requires           eries also amplifies the pressure on our        ing the work of a non-profit organization
this upgrading of filtering equipment.             ocean fisheries, which, it is now widely        that focuses on protecting our waters
This led a group of Northeast states and          acknowledged, are in great distress. And       from pollution and over-fishing. I devote
several environmental organizations, in-          now, over 70 to 90 percent of the world’s      my time to Waterkeeper Alliance, Hud-
cluding Waterkeeper Alliance, to file law-         fisheries are considered “over-fished.”          son Riverkeeper and Natural Resources
suits to enforce the Clean Air Act. What             Thankfully, the ocean fisheries crisis       Defense Council and there are many oth-
this boils down to is that my children and        lately has been getting attention from me-     er organizations that do excellent work.
the kids of millions of other Americans           dia and international organizations, such      These groups have scientists, lawyers
can no longer go fishing in their com-             as the United Nations. But it is a long way    and, yes, lobbyists, to get policies enacted
munities and eat their catch, because the         from being solved.                             that will protect fish populations. Do you
utility industry has such political clout in         When Americans can’t eat the fish we         have a local Waterkeeper program? That’s
Washington. The lawsuits have been forc-          catch, we are being denied more than a         where to start.
ing the plants to upgrade their filtering          meal: we are being stripped of an age-old         Second, by thoughtfully choosing
equipment and not a moment too soon.              right that all of us have to take and eat      what we eat, each of us can support sus-
    About ten years after I started working       fish from public waters. Fishing was listed     tainable fishing and avoid supporting the
for Hudson Riverkeeper I started spending         in the ancient Roman Code of Justinian         worst practices.
a lot of my time helping to set up new Wa-        as a fundamental right. As a citizen of           Finally and I consider this the most
terkeeper organizations around the coun-          Rome, you had an absolute right to cross       important, we must choose people to
try. There are now 157 local Waterkeeper          a beach to catch a fish; not even the em-       represent us in government who are com-
groups around the world. Each is estab-           peror himself could stop you. Western law      mitted to addressing water pollution and
lished and run by local citizens who work         and culture has continued to protect this      over-fishing. There are successful models
together to protect a local river, lake or bay.   right over the ages. When Britain’s King       for re-establishing depleted or contami-
I serve as the president of Waterkeeper Al-       John began to claim access to fisheries         nated fisheries. Iceland, for one, has been
liance. We are leading a coalition of envi-       and wildlife as the provenance of the elite    showing the world what a committed
ronmental organizations that has filed a           at the beginning of the 13th century, it       government can do to rebuild our rav-
formal complaint under the North Ameri-           contributed to the revolt that ended with      aged oceans. This work has to be done
can Free Trade Agreement to force the             his signing the Magna Carta. The Magna         at the state, national and international
United States to reduce its mercury emis-         Carta has two chapters on public access        levels with enforceable laws and treaties.
sions from coal-burning power plants.             to fisheries in navigable waters, establish-    Supporting politicians that recognize the
    One out of every six American women           ing it as an undeniable right of all people.   urgent need for protecting our fisheries is
of childbearing years now has so much             American case law and statutes have            simply the best thing we can do to reclaim
mercury in her body that her children are         firmly established that we have the same        our fisheries for future generations. W                                                                                          Spring 2007 Waterkeeper Magazine   7
                                                                                                                WAT ERK EEPER

                                                  ON THE                                                             M         A         G         A         Z         I       N         E

                                                 Press clipping from the Neuse
                                                     Riverkeeper with trout.                                         50 S. Buckhout St., Ste. 302, Irvington, NY 10533
                                                                                                                      The official magazine of Waterkeeper Alliance
                                                                                                         MISSION: Waterkeeper Alliance connects and supports local Waterkeeper
                                                                                                         programs to provide a voice for waterways and communities worldwide.
         PROUD                                                                                         Eddie Scher Editor                                    Bandana Malik Assistant Editor
    SPONSORS OF                                                                                        Switch Studio Art Direction                           Richard J. Dove Photo Editor
    WATERKEEPER                                                                                        William Abranowicz Photo Consultant                   Giles Ashford Creative Consultant

       MAGAZINE                                                                                        Board of Directors
                                                                                                       Robert F. Kennedy, Jr.                            Andy Willner
                                                                                                       (PRESIDENT)                                       NY/NJ BAYKEEPER
                                                                                                       Terry Backer                                      Erick Bozzi
                                                                                                       (VICE PRESIDENT) SOUNDKEEPER, INC.                CARTAGENA BAYKEEPER BOARD
                                                                                                       Bob Shavelson                                     Captain Bill Sheehan
    Globally, the paper industry is the single                                                         (TREASURER) COOK INLETKEEPER                      HACKENSACK RIVERKEEPER

    largest industrial consumer of water and the                                                       Mark Mattson                                      Karl Coplan
                                                                                                       (SECRETARY) LAKE ONTARIO                          PACE UNIVERSITY, ENVIRONMENTAL
    third greatest emitter of greenhouse gases.                                                        WATERKEEPER
                                                                                                       Casi Callaway
                                                                                                                                                         LITIGATION CLINIC
                                                                                                                                                         Fernando Rey
                                                                                                       MOBILE BAYKEEPER                                  CARTAGENA BAYKEEPER BOARD
    Getting the Paper Right!                                                                           Donna Lisenby                                     Deb Self
    Waterkeeper magazine is printed on 100% post-consumer                                              CATAWBA RIVERKEEPER                               BAYKEEPER, INC.
    recycled paper generated with wind power. We hope that other                                       Alex Matthiessen                                  Cheryl Nenn
                                                                                                       RIVERKEEPER, INC.                                 MILWAUKEE RIVERKEEPER
    publications will join us in committing to protect our environment
                                                                                                       Joe Payne                                         Murray Fisher
    and building the market for environmentally sustainable products.                                  CASCO BAYKEEPER                                   HONORARY MEMBER
    The environmental savings from this switch are enormous:                                           Bruce Reznik                                      Richard J. Dove
                                                                                                       SAN DIEGO COASTKEEPER                             HONORARY MEMBER
                                                                                                       Maya van Rossum
                322 trees preserved for the future                                                     DELAWARE RIVERKEEPER

                932 lbs. waterborne waste not created                                                  Board of Trustees
                137,170 gallons wastewater flow saved                                                  Richard Dean Anderson                             Karen Lehner
                                                                                                       Gordon Brown                                      Karen Percy Lowe & Kevin Lowe
                15,177 lbs. solid waste not generated                                                  Michael Budman                                    Paul Polizzotto
                29,884 lbs. net greenhouse gases prevented                                             Ann Colley                                        Glenn R. Rink
                                                                                                       John Paul DeJoria                                 Laura & Rutherford Seydel
                228,738,400 BTUs energy not consumed                                                   F. Daniel Gabel, Jr.                              Joan Irvine Smith
    Savings from the use of emission-free wind-generated electricity:                                  Tom Gegax                                         Terry Tamminen
                                                                                                       Jami & Klaus von Heidegger                        William B. Wachtel
                15,526 lbs. air emissions not generated                                                Thomas Houston
                7 barrels crude oil unused                                                             Staff
                                                                                                       Steve Fleischli                                   Cate White
    In other words, savings from the use of wind-generated electricity                                 EXECUTIVE DIRECTOR                                OPERATIONS MANAGER
    are equivalent to:                                                                                 Susan Sanderson                                   Janelle Hope Robbins
                                                                                                       DEVELOPMENT DIRECTOR                              STAFF SCIENTIST
                not driving 7,612 miles                                                                Scott Edwards                                     Mary Beth Postman
                                                                                                       LEGAL DIRECTOR                                    ASSISTANT TO THE PRESIDENT
                                                                                                       Marc Yaggi                                        Sharon Khan
                planting 625 trees                                                                     DIRECTOR OF WATERKEEPER SUPPORT                   ENVIRONMENTAL ECONOMIST
                                                                                                       Eddie Scher                                       Bandana Malik
                                                                                                       COMMUNICATIONS DIRECTOR                           COMMUNICATIONS ASSOCIATE
            Waterkeeper is printed on FSC-certified Mohawk Options 100%
                                                                                                       Jeffrey Odefey                                    Edith Villagomez
            post-consumer recycled paper which is manufactured with                                    STAFF ATTORNEY                                    EXECUTIVE ASSISTANT
            Green-e certified wind electricity. This paper is certified by Green                       Lauren Brown                                      Francisco Ollervides
            Seal and by Smartwood for FSC standards which promote                                      STAFF ATTORNEY                                    SENIOR FIELD COORDINATOR
            environmentally appropriate, socially beneficial and economically                          William Gerlach                                   Emily Egginton
                                                                                                                                                         FIELD COORDINATOR
            viable management of the world’s forests.                                                  STAFF ATTORNEY

© 2007 Waterkeeper Alliance. Reproduction of editorial content only is authorized with appropriate credit and acknowledgement. Waterkeeper, Channelkeeper and Lakekeeper are registered trademarks
and service marks of Waterkeeper Alliance, Inc. Coastkeeper, Creekkeeper, Gulfkeeper and Inletkeeper are trademarks and service marks licensed by Waterkeeper Alliance, Inc. Riverkeeper is a registered
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Waterkeeper is printed on Forest Stewardship Council (FSC) certified Mohawk Options 100% post-consumer recycled paper which is manufactured with wind electricity.
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8     Waterkeeper Magazine Spring 2007                                                                                                                                
                                                                                                                                                     We are investigators,
                                                                                                                                                     scientists, educators,

                Who is
                                                                                                                                                     lawyers and advocates.
                                                                                                                                                     Our 157 local
                                                                                                                                                     Waterkeepers take
                                                                                                                                                     responsibility for
                                                                                                                                                     protecting your river,

                Waterkeeper                                                                                                                          lake or coast – enforcing
                                                                                                                                                     environmental laws
                                                                                                                                                     and standing as the
                                        Alliance?                                                                                                    voice for your waterway.
                                                                                                                                                     Waterkeepers stand up
                                                                                                                                                     to polluters to guarantee
                                                                                                                                                     clean water and the
                                                                                                                                                     health and prosperity of
                                                                                                                                                     our communities.

                                                                                                                                                     Waterkeeper Alliance is proud to
                                                                                                                                                     announce our first local programs
                                                                                                                                                     in China. Mr. Zhang Junfeng,
                                                                                                                                                     engineer and expert on Beijing’s
                                                                                                                                                     waterways, is the Beijing North
                                                                                                                                                     Canal Waterkeeper. Ms. Yun
                                                                                                                                                     Jianli, a leading voice for Chinese
                                                                                                                                                     waterways and a long-time
                                                                                                                                                     champion of the Han River and
                                                                                                                                                     the people living along its banks, is
                                                                                                                                                     the Middle Han Waterkeeper. They
                                                                                                                                                     are supported by a strong team of
                                                                                                                                                     advocates including internationally
                                                                                                                                                     acclaimed journalist and authority
                                                                                                                                                     on China’s water problems Ma
                                                                                                                                                     Jun, pioneering environmental
                                                                                                                                                     lawyer Chen Yuechin and founder
                                                                                                                                                     of Beijing-based Green Earth
                                                                                                                                                     Volunteers Wang Yongchen. We
                                                                                                                                                     are excited to welcome China’s
                                                                                                                                                     most inspiring and groundbreaking
                 Middle Han Waterkeeper Yun                                                                                                          environmental leaders into the
                 Jianli watches while a volunteer                                                                                                    Waterkeeper family.
                 samples Han River water. In
                 the background, Laurence
                 Luo (who spent last summer
                 with Waterkeeper Alliance in
                 New York) speaks with NY/NJ

                 Baykeeper Andy Willner.

                Join Waterkeeper Alliance—Get WATERKEEPER
                Join Waterkeeper Alliance and get WATERKEEPER                                         Go to and click on Donate Now to join
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                and strong communities.                                                               Irvington, NY 10533 or contact us at
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                                                                                                                        Spring 2007 Waterkeeper Magazine      9
fifi Splashback fififififififififififififififififi

 The Quick and the                                                                                                   CLE AN WAT ER • STR
                                                                                                                                         ONG COM MU NIT IES

                                                                                                                                                            • CITI ZEN ACT ION

                   On January 26, just days after the Waterkeeper magazine
                        winter issue on Industrial Cooling and Ecological
                           Destruction hit newsstands, a federal court ruled
                            in our favor in the case argued in court and
                              described in the issue by Reed Super.

                   “This decision will give the
                   millions of Lake Erie fish
                  and billions of fish eggs a
                 chance. They can no longer                                                                                        Industrial Cooling and Massive

                                                                               Volume 3, Number 3
                                                                                                                                                                    Ecological Destruction
             argue that it is OK to kill fish
 because of economics. And best of all,
 the fish will come back once the cooling                                                           Jay-Z & Kofi Annan
 towers are in place.”                                                                              Water for Life

 Sandy Bihn, Western Lake Erie Waterkeeper
                                                                                                    Robert F. Kennedy, Jr.
                                                                                                    Letter from the President
 “Reed Super was the winning quarter-
 back – thanks to his tenacity and
 intelligence, we succeeded.”
 John Torgan, Narragansett Baykeeper

      Federal Court Finds Massive Power Plant Fish Kills Illegal
      EPA faulted for placing power plant profits over public trust
      FOR IMMEDIATE RELEASE, January 26, 2007

      NEW YORK, NY – A three-judge panel            need for large infusions of freshwater.                             wildlife from needless devastation at the
      of the U.S. Court of Appeals for the          This technology also greatly reduces the                            hands of power plants.”
      Second Circuit ruled yesterday that EPA       massive fish kills associated with power                                “Once again the courts have prevented
      cannot allow power plants to kill a tril-     plant operations. The court also found                              EPA from rewriting the Clean Water Act at
      lion fish per year through their cooling       that EPA violated the law by placing the                            the behest of industry,” said Reed Super, Se-
      water intakes. Cooling water intakes          profits of power companies above the                                 nior Clinical Staff Attorney at Columbia Law
      gulp in billions of gallons of river, lake    protection of America’s fisheries, defying                           School’s Environmental Law Clinic and lead
      and coastal water to cool power plant         the direct mandate of Congress in 1972 to                           attorney for the Environmental Petitioners.
      machinery. Along with the water, these        EPA to stop these unnecessary impacts.                                 Steve Fleischli, Executive Director of
      intakes devour countless fish and fish             “This historic decision validates what                           Waterkeeper Alliance explained, “Water-
      larvae, devastating fish populations           the environmental community has been                                keeper Alliance filed this lawsuit because
      across the country.                           saying for decades,” said Alex Matthies-                            EPA has ignored the Clean Water Act
          In a major victory for environmental-     sen, Hudson Riverkeeper and President                               by allowing power plants to kill billions
      ists, fishermen and the public, the court      of Riverkeeper, Inc. “The Clean Water                               of fish each day. The solutions to this
      found that regulations issued by EPA in       Act requires use of the best technology                             problem have been available, affordable
      2004 improperly rejected “closed cycle        available. By ignoring that requirement                             and in common use for decades. With
      cooling,” a technology that cools plant       EPA has thwarted the will of Congress                               this victory, this indiscriminate and illegal
      machinery while nearly eliminating the        and repeatedly failed to protect fish and                            slaughter should now stop.”

 10    Waterkeeper Magazine Spring 2007                                                                                                        
 “For three decades PSE&G has
 been getting away with murder                                                                                                                                                                                                                                                                                                                                                                  The Elm Creek Power
                                                                                                                                                                                                                                                                                                                                                                                                Plant in Wisconsin will be
 at its Salem Nuclear Generating                                                                                                                                                                                                                                                                                                                                                                forced to install cooling
                                                                                                                                                                                                                                                                                                                                                                                                technology that saves fish
 Station – needlessly killing                                                                                                                                                                                                                                                                                                                                                                   and aquatic life.

 three billion Delaware River fish
 a year. This year, when New
 Jersey issues a renewed permit
 to PSE&G, they will be forced
 to stop the fish slaughter and
 to comply with the law. It is
 rewarding to have a court finally
 tell industry, EPA and the states
 that our environment and our                                                                                                                                                     Setting Precedent
 communities must come first.”                                                                                                                                                    On March 5, just weeks after the federal court decision, a court in Wiscon-
 Maya van Rossum, Delaware Riverkeeper and coauthor of “The                                                                                                                       sin overturned a state agency decision on cooling technology in a massive
 Quick and the Dead,” the landmark 1995 law review article on                                                                                                                     new coal-fired power plant on Lake Michigan. The state court ordered
 fish kills and industrial cooling                                                                                                                                                the agency to make a new decision that comports with the January 2007
                                                                                                                                                                                  Riverkeeper v. EPA case.

                                                                                                                                                                                  El Segundo
                                                                                                                                                                                  The owner of the El Segundo Power generating station in Los Angeles, CA,
                                                                                                                                                                                  is seeking permission from state regulators to switch to a closed-cycle cool-
                                                                                                                                                                                  ing system. The 50-year-old plant is being rebuilt and originally planned
                                                                                                                                                                                  on using 127 billion gallons of bay water a year for cooling. The plant will
                                                                                                                                                                                  restart in 2010 with cooling towers that will drastically reduce the killing of
                                                                                                                                                                                  fish and marine life.

                                                                                                                                                                                  “We plan to take the boat out over the
                                                                                                                                                                                  old intake and toast to the future recovery
                                                                                                                                                                                  of our beloved bay: the sea turtles, seals,
                                                                                                                                                                                  sharks, sea lions, rays and kelp forests —
                                                                                                                                                                                  and the millions upon millions of fish.”
                                                                                                                                                                                  Santa Monica Baykeeper Tracy Egoscue

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                                                                                                        <<   NOBEL PEACE PRIZE LAUREATE MIKHAIL GORBACHEV           >>                               <<   ASTRONAUT BUZZ ALDRIN     >>                                                                               GREAT STAKES        WILLIE NELSON        GREAT LAKES                                        CLEAN WATER • STRONG COMMUNITIES • CITIZEN ACTION
                                      ROBERT F. KENNEDY, JR. LEONARDO DICAPRIO   CATHERINE CRIER                                                                                                                                                                       <<   SENATOR JOHN KERRY   >>                                 <<                   >>

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                                                  gone global
                                                                                                                                                                                                 &        Doves

                                                                                                                                                                                                                                                                                                                                                                                                                                                          President RFK, Jr.
                                                                                                                                                                                                                                                                                                                                                                                                                                                    The Waterkeeper Movement

                                                                                                                                                                                                                                                                                                                                                                                                                                                           Erin Brockovich
                                                                                                                                                                                                                                                                                                                                                                                                                                              Out Of Environmental Adolescence

                                                                                                                                                                                                                                                                                                                                                                                                                                                       Harvey Wasserman
                                                                                                                   Enemies of the   Economics of   Waterkeeper   Beating Around        Waterkeeper         Founder    Restoration    Million Acres of                                                                                                                                                                                                                Solartopia
                                                                                                                   Environment      Stormwater     Vessels       the Bush               Air Force         Joe Payne    Hardware       Wilderness                                                                                                                                                                                                                                                                                                                                                                      Spring 2007 Waterkeeper Magazine                                                        11
{{ Ripples }}}}}}

      Super Wal-Mart Developers
      Must Obey the Law
 Above: Developers
 illegally trenched a
 stream and filled in
                                  A    settlement in a lawsuit brought by Ogoochee
                                       Canoochee Riverkeeper and Altamaha River-
                                  keeper compels developers around a Super Wal-Mart
                                                                                             ing excessive amounts of dirt into the surrounding
                                                                                             streams and a downstream lake.
                                                                                                Development in the Swainsboro area has explod-
                                  complex to preserve more than 15 acres of wetlands         ed in recent years, as have citizen complaints about
                                  and streams that flow into the nearby Ohoopee River.        pollution. The 15 acres of permanently protected
                                  The lawsuit was brought after developer, Pine Tree II,     wetlands and streams will help treat stormwater,
                                  illegally trenched a stream, removed a stream buffer,      prevent downstream flooding and provide vital
                                  filled in wetlands and violated federal law by discharg-    wildlife habitat.

                                                                 Quick California Action on Cooling
 Affordable                                                      California Coastkeeper Alliance, a plaintiff in the federal court decision that
                                                                 ordered power plants to stop killing trillions of fish through once-through cool-
 Heavy Metal Testing                                             ing technology, is making the court’s decision a reality in California.
                                                                     To operate the three Southern California coastal power plants that use
 Scientists at the University of North Carolina, Thermo          once-through cooling, the State Lands Commission leases land from the pub-
 Scientific and the Ohio Network for the Chemically               lic. Following the court’s decision in January, California Coastkeeper quickly
 Injured have created a new low-cost heavy metal test-           drafted comments demanding that the leases be reopened within five years to
 ing program. The program allows anyone to test the              ensure an expedited public review of the continued need for those systems.
 levels of toxic metals in their home, school or work            The Coastkeeper and partners also called for annual reports on the plants’
 environments. Samples are analyzed for 26 different             compliance to be clearly posted on the Internet, and asked the Commission
 heavy metals including mercury, lead and chromium               to delete a rule that it conduct an additional review of the “feasibility” of new
 using innovative x-ray technology.                              316(b) requirements. The Chair of the Commission, incoming Lt. Governor
    The program is part of research on the link be-              John Garamendi and the other commissioners approved these changes unani-
 tween heavy metals and health problems. Identifi-                mously and added that the plants must account for any public sand lost as a
 cation of the sources of the heavy metals can help              result of power plant siting.
 reduce or eliminate unnecessary exposures and can                   Finally, as a result of a Coastkeeper Alliance exposé last year on the virtually
 prevent diseases and injuries. Chronic daily exposure           nonexistent lease fees paid by wealthy plant operators — a mere $18 to $42
 can cause permanent health damage. For further                  per year for two of the leases reviewed — the Commission raised the lease
 information visit the Detect and Protect Project at:            fees to $82,000 and $350,000/year, a long-overdue change that better reflects                                             the value of the resources used.

 12   Waterkeeper Magazine Spring 2007                                                                                     
I   N   D   U   S   T   R   I   E   S
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                                                    On Saturday, February 25, Indian
                                                    Riverkeeper members joined Beach-
                                                    walkers Stein Kretsinger and Robert
                                                    Weinman as they traversed Florida’s
                                                    Treasure Coast on their way from
                                                    Miami to New York by foot and kayak.
                                                    The pair is making the 1,600 mile
                                                    trip to raise awareness of the need      A comparison of downstream (left) and upstream (right)
                                                    to protect coastal waters and to raise   portions of Esopus Creek. Local fishermen began to call this
                                                                                             downstream stretch “Yoo-hoo Creek” after the chocolate drink.
                                                    funds for Waterkeeper Alliance and
                                                    Waterkeeper programs.

                                   HONORS                                                    Supremes Uphold
   Hackensack                       Georgia Riverkeepers          Upper and Lower            Trout Creek Case
   Riverkeeper                      The Georgia River             Neuse Riverkeepers
   Hackensack Riverkeeper
   Captain Bill Sheehan
   was honored by Bergen
                                    Network, which works
                                    to empower Georgians
                                    to protect their rivers,
                                                                  The Neuse River
                                                                  Foundation was recog-
                                                                  nized as Conservation
                                                                                             T    he U.S. Supreme Court affirmed a stunning
                                                                                                  victory for fishermen and clean water advocates
                                                                                             in the Hudson River watershed this February. The
   Catholic High School at          recognized Ogeechee           Organization of the        high court denied the appeal of a lower court deci-
   their 50th Anniversary           Canoochee Riverkeeper         Year for 2006 during the   sion stopping New York City from polluting Esopus
   special awards luncheon          Chandra Brown as Con-         45th Annual Governor’s     Creek, a pristine, world-renowned trout stream in the
   in Tenafly, NJ, for the           servationist of the Year,     Achievement Awards         Catskill Mountains.
   pivotal role his environ-        calling her an exemplary      of the North Caro-             In March 2000, a coalition of fishing and environ-
   mental education tours           organizer and champion        lina Wildlife Federation   mental groups including Riverkeeper, sued to stop
   have played in influenc-          for her watershed as well     Banquet held in Raleigh.   the New York City Department of Environmental
   ing public policy deci-          as all of coastal Georgia.    The Foundation and the     Protection from operating a tunnel that discharged
   sions in Bergen County.          The Network praised           two Neuse Riverkeepers     polluted water into Esopus Creek. The city violated
                                    Altamaha Riverkeeper          were commended for         the Clean Water Act by transferring water with high
                                    as Watershed Group of         their continued work to    levels of sediment through the 18-mile Shandaken
                                    the Year.                     preserve the health of     tunnel to Esopus Creek without the requisite Clean
                                                                  the Neuse River.           Water Act permit. The city’s operation of the tunnel
                                                                                             turned the clear Esopus Creek murky brown, destroy-
                                                                                             ing its renowned trout fishery.
                                                 William Joseph Torgan was born on               In October 2001 and again in June 2006, a federal
                                                 August 31, 2006 to Narragansett             court unanimously held that transfers of polluted wa-
                                                 Baykeeper John Torgan and his               ter between streams in different watersheds requires
                                                 wife Jillian at 8 lbs. and 15 oz. His       a Clean Water Act pollution permit — which the city
                                                 passions include his mom, food              failed to obtain.
                                                 and reggae music.q                              “The Supreme Court’s action confirms that any
                                                                                             transfer of pollutants between distinct and uncon-
                                                                                             nected waterbodies without a permit is illegal. Our
        pNoah Reed Revell was born to                                                        tireless efforts over these last seven years have af-
        Inland Empire Waterkeeper Mandy                                                      firmed the plain language and intent of the Clean Wa-
        Revell on February 10 at 6 lbs. 7 oz.                                                ter Act,” said Daniel Estrin, Supervising Attorney at
        and 19 inches long.                                                                  the Pace Law School Environmental Litigation Clinic.
                                                                                             With the resolution of this case, the New York’s
                                                                                             Department of Environmental Protection must pay a

        NEWEST                                                                               $5,225,000 penalty to the U.S. Treasury for violating
                                                                                             the Clean Water Act.

   14   Waterkeeper Magazine Spring 2007                                                                                      
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   Marsh Island Restored/
   Returned to the Public
                                                        Seattle Stormwater on Trial                                                            Roads &
   Twenty-two acre Marsh
   Island in New Bedford, MA,
                                                        Polluted runoff is the number one source of water pollution in the nation and
                                                        in Puget Sound. A lawsuit filed against the state by Puget Soundkeeper Sue
   will now be permanently                              Joerger will hold officials accountable for the damage polluted runoff causes           On January 30, Satilla
   protected after Buzzards                             to her watershed. Sue has enlisted a team of top-flight attorneys to challenge          Riverkeeper Board Mem-
   Baykeeper and partners                               a pollution permit that relies on expensive, ineffective engineering methods           ber Kathy Wainright was
   secured the last remaining                           to treat or slow down stormwater, rather than more effective and affordable            cut short and ejected in
   eight acres. The island was                                                                         methods that can eliminate              handcuffs from a Brant-
   once a rich coastal habitat                                                                          stormwater runoff altogether.          ley County Commission
   dominated by a large salt                                                                            These advanced ‘green’ tech-           meeting as she tried to
   marsh and two tidal creeks.                                                                          nologies have been adopted             make headway with the
   But the island significantly                                                                          in other states and represent          Chairman Terry Thomas
   deteriorated after becoming                                                                          Puget Sound’s best hope for re-        on critical road issues
   a dredge spoils disposal site                                                                        covery. The Puget Soundkeeper          facing the county.
   in the late 1930s and early                                                                          Alliance is currently involved in          Roads in Brantley
   1950s. With the site now                                                                             26 Clean Water Act citizen suits       County are a major
   fully protected, plans are                                                                           against egregious industrial           concern. The 700 miles
                                             LEO SHAW

   underway to restore the salt                                                                         stormwater polluters.                  of dirt roads that weave
   marsh and make the island                                                                                                                   through Brantley are
   accessible to the public for                     Stormdrain at the mouth of Longfellow Creek. A three year study documented that up to 90   home to nearly a third of
   recreation.                                      percent of female Coho salmon entering the urban creek died prior to spawning because of   the county’s popula-
                                                    contact with toxic stormwater.
                                                                                                                                               tion. Schools, residents,
                                                                                                                                               utility providers and the

                            CRIME AND PUNISHMENT                                                                                               Satilla River are regularly
                                                                                                                                               affected by mismanage-
                                                                                                                                               ment of the roads. When
        Delaware Riverkeeper Boat Stolen and Vandalized                                                                                        Kathy raised the County
        Last fall, Pennsylvania Yacht Club members and officials in Bensa-                                                                      Commission’s unwilling-
        lem, PA, found Delaware Riverkeeper’s patrol boat 20 miles north                                                                       ness to budge over the
        of its home dock in Philadelphia. Riverkeeper recovered the 18-foot                                                                    issue at the meeting,
        fiberglass patrol vessel, which had been stripped of its electronics,                                                                   Thomas cut her off
        gear shaft and motor. Large gashes and holes had been cut into the                                                                     before her time limit
        boat’s hull in multiple locations — perhaps an effort to sink the boat.                                                                was up. Kathy defended
            The Riverkeeper patrol boat was the only boat taken from the ma-                                                                   her right to continue,
        rina that day and no unusual behavior was observed. The question                                                                       but Thomas demanded
        remains unanswered whether the vandalism was done in retaliation                                         Large holes cut into the      that she promise not to
        for Delaware Riverkeeper’s firm stance on issues to protect Delaware Bay, such                            lower side of the boat.       speak for the rest of the
        as their opposition to deepening the river or the development of Petty’s Island.                                                       meeting. When Kathy
        If you have more information, or would like to make a donation towards a new                                                           refused, Thomas called
        boat go to                                                                                                 the Brantley County
                                                                                                                                               Sheriff’s Office and the
                                                                                                                                               Nahunta Police Depart-
        Three Years Later — Russian                                             Crime Doesn’t Pay on San Francisco Bay                         ment to have her hand-
        Riverkeeper Boat Returns                                                Years ago, San Francisco Baykeeper busted a small              cuffed and removed
        This January, Russian Riverkeeper Don McEnhill                          shipyard that was dredging at night and dumping                from the meeting room.
        received a call from the California Highway Patrol.                     the heavy-metal waste outside. Shortly afterwards              She was quickly bailed
        Apparently, someone tried to register Russian                           Baykeeper’s boat was broken into, their GPS, depth             out by local realtor and
        Riverkeeper’s patrol boat, stolen from Don’s drive-                     sounder and radar were stolen and their log book               Chairman of the Airport
        way three years ago, immediately after the group                        was shredded and thrown into the bay.                          Commission Mary Gib-
        busted a major mining firm for a permit violation.                          Baykeeper reported the crime to EPA’s Crimi-                son. Satilla Riverkeeper
           The boat was in almost the same condition as it                      nal Investigation service. EPA sent in a team who              and Waterkeeper Alli-
        was when stolen, except for scrapes where decals                        removed all of the shipyard’s records and filed a               ance commend Kathy’s
        were located. The man who registered the boat said                      criminal case, which ultimately resulted in the first           backbone and willing-
        that he got it “from someone for free, who got it                       criminal conviction for an environmental incident              ness to stand up for
        from someone else, who got it from someone else,                        on the bay. The shipyard owner was sentenced to                our rights and speak
        who ‘found’ it.” After some touch ups, the Russian                      one year in jail and his assistant sentenced to six            truth to power.
        Riverkeeper boat will be back on the water.                             months for the environmental crime.

   16     Waterkeeper Magazine Spring 2007                                                                                                   
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  End in Sight:
   Court Rules On Shenandoah Nutrient Pollution
                                    O     n February 22, Honorable Judge James V. Lane
                                          ruled favorably on the State of Virginia’s lawsuit
                                    against the S.I.L. wastewater treatment plant in
                                                                                               that S.I.L. Cleanwater amassed astounding violations
                                                                                               of annual permitted limits for phosphorous and
                                                                                               nitrogen release into the North Fork Shenandoah
                                    Timberville, VA. Shenandoah Riverkeeper,                           River over several years. The groups’ great-
                                    Potomac Riverkeeper and Waterkeeper                                    est concern was that S.I.L. had violated
                                    Alliance initiated the case that state                                    its phosphorous limits by about 900
                                    officials later took over on behalf of                                       percent during 2005, which means
                                    the people of Virginia.                                                      they had released nearly 56,960
                                        Judge Lane’s decision will force                                          pounds more phosphorous than they
                                    the wastewater treatment facility to                                          were allowed under the law during a
                                    take immediate steps to upgrade                                               single year. They also violated their
                                    treatment equipment and elimi-                                               phosphorous discharge by more than
                                    nate illegal discharges.                                                    300 percent in 2004 and 500 percent
                                        “Though the court’s ruling is a                                       in 2006. There were also a host of viola-
                                    temporary injunction, many of these                                    tions relating to raw sewage overflows.
                                    changes will likely result in a permanent im-                        As a part of the pending case Shenandoah
                                    provement in downstream waters,” said Bill Gerlach,        Riverkeeper worked to document the environmental
                                    Waterkeeper Alliance staff attorney. Judge Lane set        degradation of the North Fork associated with these
                                    the hearing for the Permanent Injunction for July.         illegal discharges. Shenandoah Riverkeeper collected
                                        The owner of the wastewater treatment plant has        water samples above and below the plant’s outflow.
                                    filed for Chapter 11 Reorganization under federal           Certified lab results showed substantial increases
                                    bankruptcy law. “The facility argued it needs bank-        in nitrogen and alarming amounts of phosphorous
                                    ruptcy protection to reorganize and make the needed        — up to 140 times greater below the outflow. Shenan-
                                    upgrades,” says Shenandoah Riverkeeper Jeff Kelble.        doah Riverkeeper also gathered evidence of massive
                                    “We just want them to do whatever it takes to stop         algae growth in rocky riffles below the discharge,
                                    this pollution. These improvements, along with steps       where little or no such algae was present upriver.
                                    that farmers and others in the watershed are taking,           The Clean Water Act citizen suit legal provisions re-
                                    will make a big difference in the health of the North      quire that citizens file a ‘notice of intent to sue’ with the
   Algae from nutrient pollution    Fork Shenandoah River and Chesapeake Bay.”                 polluter and the state, and then allow 60 days before
   (above) chokes the river             This litigation was initiated by Shenandoah River-     moving forward with a lawsuit. In this case, the Virginia
   downstream of the S.I.L.
                                    keeper, Potomac Riverkeeper and Waterkeeper Alli-          Attorney General filed their own lawsuit against S.I.L.,
   plant (below).
                                    ance on August 11, 2006. The groups filed a notice          preempting the Riverkeepers’ citizen suit.
                                    of intent to sue S.I.L. Cleanwater LLC, also known             “Concerns we had about the Virginia taking over
                                    as the North Fork Modular Reclamation and Reuse            this case were alleviated by the Attorney General’s ag-
                                    Facility, under citizen’s provisions of the Clean Water    gressive prosecution of the case,” said Shenandoah
                                    Act. The environmental groups’ research showed             Riverkeeper Jeff Kelble.

                                                                  Contractor Fined
    South Riverkeeper caught
    polluters red-handed after
    erratic water-quality tests
    signaled pollution.
                                                                  South Riverkeeper Drew Koslow was           from a construction site through
                                                                  running an errand near an outfall in        the outfall. Drew notified the County
                                                                  the Annapolis Town Center this Janu-        Inspections and Permits Office
                                                                  ary when he pulled over and got out         who caught a contractor pumping
                                                                  of his car. For weeks, Drew suspected       water from one sediment trap into
                                                                  that illegal discharges were happen-        another, causing the receiving trap
                                                                  ing regularly from the outfall, but         to overflow. The contractor was fined
                                                                  wanted to catch the polluters in the        $500 and was required to stop pump-
                                                                  act. Drew found muddy water flowing          ing water immediately.

   18   Waterkeeper Magazine Spring 2007                                                                                      
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                                                                                                                                                      Riverkeeper Deputy
                                                                                                                                                      Director Tracy
                                                                                                                                                      Carluccio addresses
                                                                                                                                                      protesters of a
                                                                                                                                                      dangerous chemical
                                                                                                                                                      weapons waste
                                                                                                                                                      disposal plan in
                                                                                                                                                      spring 2006.

   Chemical Weapon Dumping Plan Defeated
                                                               T    his January chemical giant Dupont announced
                                                                    that it would pull out of a U.S. Army plan
                                                               to dump byproducts of a deadly chemical
                                                                                                                        The lawsuit challenged the Army’s plan to import on
                                                                                                                          the grounds that federal law bans the transporta-
                                                                                                                                 tion of chemical weapons across state lines.
                                                               weapon in the Delaware River. The plan                                 Delaware Riverkeeper also called on the
                                                               called for the transportation of 1,250                                    Army to complete an environmental
                                                               tons of the nerve agent VX hydro-                                          impact statement for the project. Until
                                                               lysate from Indiana to Deepwater,                                           then, the Army had not undertaken
                                                               NJ for treatment and disposal.                                              the necessary studies on the project’s
                                                               VX is one of the deadliest nerve                                            impact on the Delaware River and the
                                     AP PHOTO/CHUCK ROBINSON

                                                               agents ever produced and pres-                                              surrounding environment. On Friday,
                                                               ents a disposal challenge because                                          January 5, Dupont made the unexpect-
                                                               it is difficult to break down, highly                                     ed announcement that it would pull out
                                                               flammable and not uniform in its con-                                   of the proposed treatment project putting
                                                               stituents. The transportation and disposal                       an end to the proposal.
   The extremely lethal nerve                                  of the waste would have seriously endangered                 Initially, the U.S. government had plans to de-
   agent VX has been stored                                    aquatic life and the public health of millions.          stroy the waste onsite in Indiana, but the facility there
   since 1969 in 1,269 steel
                                                                   Since the plan first surfaced in 2004, NJ elected     had yet to be built and the federal administration
   containers at the Newport
   Chemical Depot in western                                   officials have remained steadfast in their opposition     sought a faster way to dispose of the waste after the
   Indiana.                                                    to the plan to treat VX byproducts at Dupont’s Salem     attacks of September 11, 2001.
                                                               County facility and dump the waste into the Delaware        Delaware Riverkeeper has asked the Army to
                                                               River. The final blow to the plan came when Delaware      destroy the VX onsite in Indiana using the most
                                                               Riverkeeper and co-plaintiffs from New Jersey, Penn-     environmentally safe method possible and will
                                                               sylvania, Delaware and Kentucky filed a complaint in      continue to follow the issue to ensure that the Army
                                                               federal district court against the Army in December.     safeguards the public and the environment.

                                                               Radioactive Sign
                                                               For over a decade SRB Technologies — a company           through Pembroke’s sewage treatment plant into
                                                               that makes glow in the dark signs — has been fouling     the Ottawa River — diluting the pollution rather
                                                               the air and groundwater of Pembroke, Ontario with        than cleaning up their mess. The Concerned Citizens
   Self-powered, non-electric exit                             radioactive tritium. Local residents can no longer eat   of Renfrew County and Ottawa Riverkeeper alerted
   signs glow by radioactivity.                                vegetables from their gardens due to dangerous levels    media outlets and the public on the company’s
   At least 400,000 signs in U.S.
                                                               of tritium, while groundwater at the site is contami-    misguided plans. After a two-day hearing, the Ca-
   schools, hospitals, airplanes,
   malls and movie theaters                                    nated far beyond Canadian drinking water guidelines.     nadian Nuclear Safety Commission officially denied
   are lit by the slow decay of a                                  The company planned to solve the problem by          SRB Technologies license to process tritium at its
   radioactive isotope — tritium.                              diverting the toxic stack drippings and groundwater      Pembroke facility.

   20   Waterkeeper Magazine Spring 2007                                                                                                             

The RE:VOLVE Apparel Project takes its mission of promoting social and
environmental consciousness seriously. We practice fair trade principles,
offer sustainable products, and give back in order to be true to that vision.
That’s our contribution toward creating a better world.

RE:VOLVE donates a portion of its proceeds
directly to the Waterkeeper Alliance. 

U.S. Power
Accused Of
                                                          Detroit Edison’s electric generating station consists of three
Citizen files action                                      coal-fired power units. One of these was fitted with mercury
to reduce dangerous                                       removal technology for a U.S. EPA sponsored pilot study.
                                                          That technology cut mercury emissions from that unit by
mercury emissions

                                                                                                                                                      SCOTT EDWARDS
                                                          up to 93 percent. Yet the company and EPA claim that the
from DTE Energy                                           mercury reduction technology is not viable.

                                 SARNIA, ONTARIO  On Wednesday, March 6,                       Edwards alleges DTE Energy’s mercury depos-
                                 a Canadian citizen filed criminal charges against a         its are illegal under Canada’s Fisheries Act and
                                 U.S. power company for polluting the St. Clair Riv-        launched a private prosecution. Private prosecu-
                                 er with mercury. Scott Edwards is Legal Director of        tions allow any Canadian citizen to independently
                                 Waterkeeper Alliance and an authority on mercury           prosecute offences in the Canadian criminal courts.
                                 pollution. Edwards’s complaint alleges that DTE            If convicted, DTE could face fines of up to 1 mil-
                                 Energy Company’s coal-fired power plant on the              lion a day. The complaint alleges two years of viola-
                                 banks of the St. Clair River violates the Canadian         tions, for potential fines up to 730 million.
                                 Fisheries Act.                                                 “DTE has acted with a blatant disregard for
                                    DTE Energy, the parent company of Detroit               the health and welfare of Canadian citizens and
       They have                 Edison, operates the St. Clair/Belle River coal-fired
                                 power plant complex in Michigan. On average, the
                                                                                            Canadian law,” states Edwards. “They have cho-
                                                                                            sen pollution over people. For minimal cost, DTE
          chosen                 facility emits 2,000 pounds of mercury each year.          can provide safe energy while slashing its harmful
        pollution                A test of pollution control technology in 2004 re-         mercury emissions. It is my hope this prosecu-
                                 duced mercury emissions at the St. Clair plant by          tion will result in significant reductions in DTE
     over people.                94 percent. Yet, at the conclusion of the 30-day           Energy’s mercury emissions and a cleaner and
                                 test, DTE Energy disengaged the mercury control            safer St. Clair River.”
                                 technology and went back to emitting the mercury               Scott Edwards is aided in the action by two other
                                 into the air.                                              members of Waterkeeper Alliance, Mark Mattson
                                    More than half of DTE Energy’s mercury emis-            and Doug Chapman. Mattson is lead investigator
                                 sions land in Canada. When the mercury enters              and the Lake Ontario Waterkeeper. Doug Chap-
                                 the St. Clair River, it spreads throughout the food        man is lead counsel and the Fraser Riverkeeper. W
                                 chain, harmfully altering fish habitat and rendering
                                 fish unsafe for human consumption.

22   Waterkeeper Magazine Spring 2007                                                                                 

           Why kill a tree to grow a flower?

                                                     NO                 to
By Marylee M. Orr                          our garden and the hurricane-threatened            cypress mulch comes from illegal logging. Cy-
Lower Mississippi                          Gulf Coast are closer then you may think.          press trees take hundreds of years to mature and
Riverkeeper                                This spring many gardeners will buy cypress        a considerable portion of these cypress forests
                                   mulch, not realizing that the cutting of cypress           will never regenerate if cut. But state and federal
                                   forests for mulch is destroying vital wetlands that        government officials turn a blind eye. Meanwhile,
                                   stabilize the coast against hurricanes, storm surges       retailers use creative language to convince gar-
                                   and erosion.                                               deners that their cypress is “sustainable.” But don’t
                                      Folks think that levees                                 believe what’s written on the bag.
                                   are the Gulf Coast’s first                                       The really sad fact is that cypress mulch is not
                                   line of defense, but they                                            as effective as other mulches. The heart-
                                   are not. We rely on our                                                      wood from mature, centuries-old,
                                   coastal cypress forests                                                           cypress trees is rot and ter-
                                   for hurricane protection.                                                               mite resistant. But the
                                   Cypress wetlands absorb                                                                 mulch you buy in gar-
                                   water like a sponge, reduc-                                                             den retail stores comes
                                   ing storm surge and control-                                                          from trees that are far
                                   ling flood height and speed.                                                         too young to have these
                                   Cypress wetland forests save                                       qualities. A University of Florida study con-
                                   lives and protect coastal communi-                         firmed that cypress mulch isn’t any better for your
                                   ties, as well as serve as critical habitat for migratory   garden than pine bark or eucalyptus mulch – or
Cartoonist David Norwood is        birds and wildlife.                                        even leaf litter.
staff artist and illustrator for      Most of the cypress mulch on the market to-                Please don’t buy cypress mulch. Choose an al-
the Baton Rouge Advocate.
                                   day is ground from whole trees, and much of the            ternative and save our cypress forests. W

24   Waterkeeper Magazine Spring 2007                                                                                   

Cows are beautiful creatures, not dairy machines. That’s why we let them graze freely
in organic pastures on our family farms. We never give our cows antibiotics or synthetic
hormones to make them produce more milk. In fact, we often exceed federal organic
farming standards. By shipping milk from our cooperative farms to the nearest local
markets, we’re helping to build local systems. So our milk not only tastes good, it’s
good for you, good for cows, and good for the local economy, too.

© 2007 Organic Valley Family of Farms

Fighting                                 for
                        Flow                                                                                                   Yarra Riverkeeper
                                                                                                                               Ian Penrose on

                                                                                                                                                       YARRA RIVERKEEPER
By Stacey Bloomfield,                n 1992, Jim Courier promised to jump in the          representing the community and the river, by ac-
Waterkeepers Australia               Yarra River if he won the Australia Tennis           tively lobbying to keep the study focused and unbi-
                                     Open. He did win and duly dived into the river’s     ased. The study concluded that the pattern of flows
                                 murky waters. He survived to tell the tale, but will     have attenuated, averaging half the natural level,
                                 the Yarra survive?                                       and need to be restored. The study’s recommenda-
                                    The Yarra River flows through the heart of             tion? Water should be temporarily stored and later
                                 Melbourne – Australia’s second largest city. It is       released to stabilize the flow pattern. Consequent-
                                 the main source of water for the city’s three mil-       ly, the government announced that they would get
                                 lion inhabitants and is the centrepiece of its largest   legal environmental entitlement to a small amount
                                 wildlife area. Despite its iconic status, historically   of water to regulate flows.
                                 Melburnians have turned their backs on their river           But the government took advantage of this policy.
                                 and joked about its dirty brown water.                   Over the course of the year, the government took
                                    With support from Waterkeepers Australia,             more water from the river to supply water to the city.
                                 a group of concerned citizens formed the Yarra           Yarra Riverkeeper was highly critical of the govern-
                                 Riverkeeper Association in 2004 to give the Yarra        ment’s behavior in the media and continues to press
                                 a voice in the community and with the authorities.       for the river’s needs, not just for a better flow pattern,
         The key                 Volunteers do much of Yarra Riverkeeper’s activi-        but also against an increase in extractions.
      challenge                  ties, but in early 2006 the group purchased a small          The key challenge remains pressure on govern-
                                 powerboat and appointed Ian Penrose as the offi-           ment to supply water to a city whose population is
        remains                  cial Riverkeeper.                                        growing rapidly. Today, Melbourne is in the grip of
   pressure on                      Ask Melburnians what the problem with the             its worst drought on record and faces tight restric-
                                 Yarra is and the most common reply will be pol-          tions on water use. In late January, the government
government to                    lution. Yet, the loss of river flows due to excessive     made an appalling decision. They decided to defer
  supply water                   water extraction is a more worrisome, albeit under-      provision of the Yarra’s overdue environmental
                                 appreciated, issue. The river is now half its natural    flows until the drought is over. At the same time,
to a city whose                  size and, as rainfall in this dry part of the world      it would implement measures to take more water
    population                   declines further under climate change and the city       from the river. Sacrificing the health of a river that
     is growing                  keeps expanding, the situation for the Yarra will
                                 only worsen.
                                                                                          supports so many is no way to manage a drought.
                                                                                          The government must find a long-term, sustainable
         rapidly.                   Two years ago, the government of Victoria             water strategy to keep the Yarra alive — there is no
                                 — the state that sets the policy for allocating water    other choice. Mark Twain once said, “Whisky is for
                                 resources — commissioned a scientific study to ex-        drinking, water is for fighting over.” The fight for
                                 amine the flows needed to keep the Yarra healthy.         the Yarra River continues in earnest, and the Yarra
                                 During this time, Riverkeeper took a lead role in        Riverkeeper is at the vanguard. W

26   Waterkeeper Magazine Spring 2007                                                                                  

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                    Conversation with

                   imbo Meador
                                     ’ve always been a hunter-gatherer by nature. My      ging – a flounder gig. Flounders lay on the bottom,
                                     family spent summers in Point Clear, Alabama,        they’re flat fish. We always tried to gig ours in the
                                     on the eastern side of Mobile Bay, and from the      head ‘cause old Mr. Stern at the fish market was
                                 time I was about eight a guy named Duke Cox came         more likely to buy them if the body meat wasn’t
The Inspiration,                 most mornings to get me before dawn. Back in our         messed up.
Not Model, for                   summerhouse, I used to sleep on a screen porch,              Living here on the bay we always caught shrimp
                                 and Duke, who always knew I wanted to go fishing,         for the table and I still do. I catch white shrimp in
Forrest Gump                     would come by and scratch on the screen before day-      my cast net right in front of the house. I’ve always
                                 light. We would go off for the day in our old wood-       been interested in shrimping because you catch a
                                 en, cross-plank cypress skiff, rowing. We fished for       lot of unusual stuff. As soon as I got an outboard
                                 speckled trout, threw cast nets for mullet and gigged    motor for my boat I started shrimping even more.
                                 flounders at night. Duke made me my first cast net         Later, when I realized that I caught more shrimp
                                 and taught me how to throw it, and I spent a lot of      than I needed for the table and I could sell them
                                 time with him; he was a mentor to me.                    at the local fish market, I became a commercial
                                    Duke and I used to sell speckled trout and floun-      shrimper. Everyone up and down the bay wanted
                                 der to the fish market and when we had a jubilee,         shrimp to put in the freezer, so it was a good way of
                                 it was like a gold mine. A jubilee is a phenomenon       making money.
                                 that happens on the Eastern Shore of Mobile Bay              When the sports fishermen began to clash with
                                 and I’m not really sure if it happens anywhere else.     the commercial fishermen I was on both sides of
                                 Low dissolved oxygen in the water causes it, but         the fence. In my opinion it’s a shame that they
                                 the conditions have to be just right. You need an        spent all that money and time fighting each other. I
                                 east wind and an incoming tide. I used to keep a         always thought it would be better to put that effort
                                 logbook, and if the conditions seemed right I’d stay     into protecting the nursery areas. While everybody
                                 out all night looking for the jubilee.                   was pointing fingers at each other, they were miss-
                                    When water on the bottom doesn’t have enough          ing the bigger problems – growth and development
                                 oxygen all bottom dwelling fish and marine life rise      and pollution.
                                 up to the surface where there is a layer of water con-       When I got out of the seafood business I started
                                 taining more oxygen. Flounder live on the bottom         guiding fly-fishermen, practicing catch-and-release
                                 don’t have swim bladders to elevate themselves in        and using barb-less hooks. I grew up fly-fishing for
                                 the water very easily. So they follow the bottom all     bass and bluegill in the lakes and rivers, and as a
                                 the way up to the shore where the layer of oxygen-       kid we’d go offshore for dolphin. Guiding fly-fish-
                                 ated surface water meets the beach. Soon there’s         ers was another way of making a living and doing
                                 big congregation in the shallow water along the          it on the water. I was really just catching them for
                                 beach of flounder, crabs, shrimp, eels and catfish.        the fun of catching them and then I would release
                                 In the old days it was a big day when there was a ju-    them. This was my way of conserving, living in har-
                                 bilee. Everyone started hollering ‘jubilee’ and you’d    mony with nature.
                                 see people out there in their pajamas, underwear             On the shrimp boats, I always saw that when
                                 and everything, women with rollers in their hair         you pushed bycatch overboard there was a big con-
                                 gigging flounders and scooping crabs and shrimp.          gregation of fish around to eat it. So I started taking
                                 Eels were pretty much let alone.                         fly-fishermen out there and I’d tie flies that looked
                                    Gigging is another thing. You have a wood pole        like bycatch. I could just about guarantee that I
                                 with a spear on the end and that’s what we call gig-     could take somebody out there and catch all differ-

28   Waterkeeper Magazine Spring 2007                                                                                
Author Jimbo Meador with
an Atlantic salmon caught
fly-fishing in Nova Scotia.
The fish and fisherman
were photographed by Tom
MacDonald and released.

ent varieties of fish. So I was still taking advantage    being on the show but there
of the shrimping fleet. I guess I was a pioneer in        I drew the line. I kept telling
that field in the gulf.                                   everybody the story is fiction.
   Bycatch became a big issue in late 1980s. A           After all that quieted down
shrimp boat catches a lot of fish, crabs and eels         a little, the lady who was the
that you can’t sell, so they throw it overboard. The     dialect specialist called me
bycatch on a shrimp boat is visible. You can look        and I said to her: “I’ve been
at that and see what’s happening. But it’s hard for      asked a million times, did
people critical of shrimping to appreciate what’s        Tom Hanks actually study the
happening in our estuaries—mostly invisible to the       tape I made?” She said, “Yes,
naked eye – where microscopic eggs and juvenile          he did use it.” And I said, “Well he talked like an     A mix of sea creatures
fish are being killed because of pollution and de-        idiot.” And she said, “That came from the kid actor     congregate on the shore
                                                                                                                 during a Mobile Bay jubilee.
velopment. The anti-shrimp people seem mostly            who played him as a child. They decided to use that
concerned about a shrimper who’s made his living         dialect throughout the movie, but Tom found your
that way all his life, the way his family did for gen-   accent very interesting.” That’s how she put it.
erations. So who’s right and who’s wrong?                   There are things I liked about Forrest. He was a
   Having a background in shrimping sometimes            good person, kind of naïve, but a good person who
brings on added responsibilities. Winston Groom          went with the flow. Today, everyone is more con-
was kind enough to dedicate his book Forrest             cerned about the dollar than doing the right thing.
Gump to me and George Radcliff, another friend            They don’t think about everyone that’s living, ev-
of ours. When they were getting ready to make the
movie, a dialect specialist from Paramount called
                                                         erything that’s existing. People want to live on the
                                                         water, but in the process of developing all this wa-
                                                                                                                 “…did Tom
me to tape a conversation because, she said, Tom         terfront property we are destroying nursery areas       Hanks actually
Hanks wanted a Southern accent to listen to. We          where fish and marine life have to grow up and live      study the tape
did that, and then the movie came out, and it was        until they get into deep water.
a big hit. All of a sudden the media started send-          Because of the population explosion on the           I made?”
ing people down to interview Winston. Then they          coasts, our environment has become far more             She said, “Yes,
started asking about me because of the dedication,       sensitive than it was when I was a kid. I got con-
and found out that I used to shrimp and used to be       cerned about the changes in the fisheries and our        he did use it.”
an obsessive runner.                                     estuaries because I could see it changing for the       And I said,
   Suddenly, a lot of the media wanted to make           worst before my eyes while I was growing up. So
me out to be the real Forrest Gump. Problem was,         I got on the board of directors of the Mobile Bay-
                                                                                                                 “Well he
Forrest was an idiot. It was an honor that Winston       keeper. I’m now an honorary board member and            talked like
had dedicated the book to me, but I didn’t know if
I wanted to go along with the part about being an
                                                         always trying to do my part to support our Bay-
                                                         keeper, Casi Callaway.
                                                                                                                 an idiot.”
idiot. Winston was encouraging me to talk to these          Sometimes I wish I could go back to the old
people, but it really got out of hand. People maga-      times. It seemed like we had more of a sense of
zine came down here and a television program             community then. But there are some people doing
called A Current Affair. The London Times sent            things now that are helping the fish and the bay. I
a reporter, different magazines and newspapers,           always thought people should enjoy life but not do
even a radio station in Australia. Finally, the peo-     anything that is going to hurt anyone or anything.
ple at David Letterman called to talk to me about        That’s just the philosophy I try to live by. W                                                                                       Spring 2007 Waterkeeper Magazine   29
             You have the right to plentiful and edible fish.
    You are the owner of your stream and river, lake, bay and coast.
   You have the right to use them as long as you don’t interfere with
  the use of them by anyone else — and as long as they are free from
     pollution and destruction by our hands, there’s plenty for all.

        medieval code                             fishable & swimmable
In the sixth century the Roman Emper-     U.S. Congress passed the Clean Water Act in 1972.
or Justinian ordered the codification of   The goals of the law are broad and ambitious: fish-
imperial legal doctrine as the Corpus     able and swimmable waterways and zero discharge
Iurus Civilis [Body of Civil Law]. The    of pollution into our rivers, lakes and coastal waters
Justinian Code spread throughout the      by 1985. We’ve missed the deadline. But the goals
Roman Empire and forms the basis for      and the law remain in effect.
English, and now U.S., Common Law.           The right to clean water is almost universally
Justinian Code spells out the Public      recognized worldwide. The United Nations Char-
Trust Doctrine, which says that the       ter and the legally binding 1966 International Cov-
public — no individual, no govern-        enant on Economic, Social and Cultural Rights im-
ment, no corporation and no polluter      plicitly and explicitly recognize the human right to
— owns our waterways.                     clean water.
                                            codex justinianus                                (528)
                                                                book ii.
                                                            OF TH IN GS .
                                                      i. divisions of things.
                        In the preceding book we
                                                    have treated of the law of per
                     things, which either are in                                      sons. Let us now speak of
                                                   our patrimony, or not in our
                      by the law of nature are com                                   patrimony. For some things
                                                      mon to all; some are public;
                    bodies, and some belong to                                         some belong to corporate
                                                    no one. Most things are the
                                      acquire them in different way                  property of individuals wh
                                                                     s, as will appear hereafter.                o

                   1. By the law of nature these
                                                   things are common to manki
                      the sea, and consequently                                      nd — the air, running water,
                                                   the shores of the sea. No one
                       approach the seashore, pro                                   , therefore, is forbidden to
                                                    vided that he respects hab
                            buildings which are not, like                         itationes, monuments, and
                                                           the sea, subject only to the
                                                                                           law of nations.
                             2. All rivers and ports are
                                                          public; hence the right of fi
                                                                                         shing in a port,
                                               or in rivers, is common to
                                                                            all men.
                             3. The seashore extends as
                                                             far as the greatest winter fl
                                                                                            ood runs up.

                    UTION PRET (1972)
             AND         et seq.)
                                     (33 U.S.C. 1251                                    Service
                                                                        e Public Health
                                           n contro  l activities in th             her purposes.
                            water pollutio                          ncy, and for ot
 AN ACT    To provide for                       de ral Works Age
                                y and in the Fe
               Security Agenc
of the Federal                                              Representatives
                                                                               of the
                                 the Sena te and House of                    ,
               Be it enacted by                            gress assembled
                                          merica in Con
                       Uni ted States of A
                                               rog                            r a ms
                                    d related p
               title i— research an              OLICY
                                      OALS AND P
                 DEC L A R ATION OF G                emical, physic
                                                                   d maintain the                        reby
                                                 is to restore an                       jective it is he
                  ) The object   ive of this Act         In order to   achieve this ob
  sec. 101. (a                      e Nation’s wat
                                                                           of this Act—
                    integrity of th                       the provisions
 and biological                         consistent with
                      declared that,
                                                                                   s into the
                                                                  rge of pollutant
                                       nal goal that the discha
                   (1) it is the natio                                 by 1985;
                                                     s be eliminated
                                   navigable water
                                                                                       of water quality
                                                                     an interim goal
                                          at where ver attainable,              ellfish, and wild
                                                                                                   life and
        (2) it is the  national goal th                     ag ation of fish, sh                 83;
                                            tion and prop                      ed by July 1, 19
                            for the protec                   water be achiev
       which provides              creation  in and on the
                provides for re                                                                        prohibited
                                                                                    xic amounts be
                                                              xic pollutants in to
                                             discharge of to
                            policy that the
 (3) it is the national

Fish Kills, Fishermen and Pfiesteria
on North Carolina’s Neuse River
By Rick Dove                     »FROM THE time I was nine years old the only thing        and nothing previously known could explain what
                                 I ever really wanted to do was to work on the wa-         was happening. Before it was over, the river and its
                                 ter, fly a seaplane, be a tugboat captain, fisherman,       beaches would be covered with dead and dying fish
                                 whatever. But my folks talked me out of that; “you        of all types, but the Menhaden were hit the hard-
                                 gotta feed your family, get an education.” One thing      est. The stench from these rotting fish filled the hot
                                 led to another and I went to law school and then          summer air with a putrid smell so foul that only the
                                 volunteered for military service to avoid the draft.      bravest ventured outside. On the north shore of the
                                 I liked it so much I stayed for 25 years. But through     river a bulldozer worked late into the night burying
                                 it all, even in Vietnam when the rockets where            as many of the now bony creatures as possible.
                                 raining in, I never turned loose of that childhood            State officials came down to look at the state of
                                 dream to work on the water.                               the river. I’ll never forget it. They stood there in si-
                                     So when I retired from the Marine Corps in 1987,      lence shaking their heads. They didn’t have a clue
                                 that’s exactly what I did. I took off my uniform, put      what was going on. And it wasn’t just the fish. I
                                 on a bunch of old cloths, bought 800 crab pots and        had sores on my body, the same as the fish and my
                                 fishing nets, got in my boat and launched my career        son was sick too. I was suffering memory loss and
                                 as a commercial fisherman on the Neuse River.              I didn’t know why. I turned myself into the hospi-
                                     Prior to 1989, the Neuse was a fisherman’s para-       tal thinking I had a brain tumor because I couldn’t
                                 dise. The fish were healthy and the waters were            remember things anymore. It was really bad. Other
                                 clean. I remember a lot of people saying to me,           fishermen were complaining about similar prob-
                                 “Why in the world with a law degree would you             lems but no one was linking it to the water.
                                 become a fisherman?” I would always say, “It’s like            Then a University of North Carolina scientist,
                                 hunting treasure and it’s in my blood.” But my par-       Dr. JoAnn Burkholder, figured out that nutrient
                                 ents were right; you still need to be able to feed your   pollution was causing the spread of a one-cell ani-
                                 family. That’s where the rub comes in. I can remem-       mal — a creature so tiny you can put 100,000 of
                                 ber when the Neuse River started to turn ugly, just       them on the head of a pin. This creature was pro-
                                 before the big kill in 1991. Many fishermen could          ducing a neurotoxin in the water that was also get-
                                 already see that the fish were in trouble and that our     ting into the air. In the water the toxin paralyzes
                                 river was quickly becoming a “paradise lost.”             fish so that the creature can get to blood cells and
Future waterman, Riverkeeper                                                               suck out the contents. Pfiesteria is, simply, a micro-
and author Rick Dove with        Paradise Lost                                             scopic killer vampire. When the news hit, people
his Aunt Margorie Black in
                                 In 1991, the Neuse River suffered one the largest          got frightened.
Bear Creek, MD, 1946.
                                 fish kills of any river in America. In a matter of             The state shut down the river. The fish mar-
                                 days during September 1991, we lost over one bil-         ket crashed. The news of Pfiesteria and what it
                                 lion fish. The fishermen looked at what was hap-            does to people — the memory loss and respira-
                                 pening in disbelief — millions upon millions of fish       tory problems — spread. The tourism industry
                                 covered in open, bleeding sores. Some had holes           stalled and real estate values dropped. Proper-
                                 completely through their bodies. No one had a             ties along the river couldn’t even be sold. The
                                 clue as to the cause. Oxygen levels were normal           pain and suffering that reverberated through the

32   Waterkeeper Magazine Spring 2007                                                                                  
      Massive fish kills stem directly
      from nutrient pollution. The scale
      of the Neuse River fish kills in 1991
      and 1995 is almost unimaginable:
      hundreds of millions of fish, and the
      entire population of commercially
      important Menhaden, killed in a
      matter of days.

                                                       community was unbelievable. It was           for September 4, 1995. I truly believe that the river
                                                       one of the most terrible events I’ve         made that hurricane happen. Because the very day
                                                       ever witnessed in my life.                   of the rescheduled meeting was the day the night-
                                                          By that time I had become the Neuse       mare of 1991 was repeated.
                                                       Riverkeeper — I started in 1993. And if          Fish kills on the Neuse had been building in inten-
                                                       there’s anything that was satisfying to      sity since early August. Once again, on September 4,
                                                        me at the time it was that I would have     1995, fishermen watched as dead and dying fish cov-
                                                        my chance to get even. We knew where        ered the shores of the Neuse — 200 million dead was
                                                        the problems were coming from. We           one estimate. In 1991 every Menhaden in the river
                                                        had the ability to fix them.                 had died, and a total of a billion fish were killed. This
                                                                                                    1995 fish kill wouldn’t be as big — but only because
      In 1993 Rick Dove launched           Listening to the River                                   now the fishery had not yet recovered from 1991.
      the Neuse Riverkeeper.               Another thing happened that is critical to this story.   Would things be different this time? This time the
                                           There was a public meeting scheduled for July 1995       Neuse had someone to champion her cause, a River-
                                           to address water quality problems in the Neuse           keeper and a corps of more than 200 active volun-
                                           River, not related to fish kills but to algae. There      teers patrolling and advocating for the river. This
                                           was so much vegetation growing in the river in the       time things would be different — and they were.
                                           summer of 1995 that people couldn’t get up some              On the evening of September 4, 1995, the Town
                                           of the major tributaries to the Neuse in their boats.    Hall meeting room in New Bern was filled with
                                           It would clog their propellers and their engines         about 1,000 people. At no time in the history of
                                           would burn out. They complained so much that             North Carolina had that many people attended this
                                           the Mayor of New Bern and state officials set up           type of meeting. When Jonathan Howes, Secretary
                                           a public meeting to discuss the problem. But they        for Health and Environment, and his staff walked
                                           had to postpone the meeting because Hurricane            in, you could see the concern on their faces. People
                                           Felix came through. They rescheduled the meeting         were unruly, they were angry and this time it wasn’t

      Pfiesteria, the ‘cell from hell,’
      emits neurotoxin that paralyzes
      and kills fish. Fishermen and
      others experienced respiratory
      and memory problems, and
      sores identical to those on the
      fish. Yet in North Carolina state
      health officials mounted a long-
      term campaign to discredit the
      possibility that Pfiesteria was in
      any way implicated with human
      health complaints.
                                                                                                   Pfiesteria timeline
Solving the                                                                                                              DISCOVERY
                                                                                                                         1988 Pfiesteria first identified as an accidental

                      Pfiesteria Puzzle
»IN THE 1840s, Ignaz Semmelweis showed that when doctors washed their hands
                                                                                                                         contaminant in fish cultures.
                                                                                                                         1991 Dr. JoAnn Burkholder and colleagues at
                                                                                                                         University of North Carolina link Pfiesteria to
before surgery, patient survival increased. He was ostracized from the scientific                                        massive fish kill in North Carolina.
community and died after suffering a nervous breakdown. In the 1950s Alice Stewart
uncovered that small amounts of radiation can damage human fetal development.                                            RESEARCH
She lost her job and struggled for years until she was finally vindicated. In 1974                                       1992-1993 In field and laboratory research,
Sherwood Rowland and Mario Molina showed that chemical industry-produced                                                 Pfiesteria grew best with nutrients from crop
chlorofluorocarbons were creating dangerous ozone holes. The DuPont Company and                                          and lawn fertilizers, human and animal wastes,
affiliated scientists attacked their data for nearly 20 years. In 1995, Rowland and Molina                               and other pollution sources. Workers suffered
received a Nobel Prize honoring their research.                                                                          central nervous system damage from contact
    Considered in this light, perhaps it’s not surprising that the Pfiesteria story became                               with fish-killing cultures. Officials shut down
so ugly and personal. Or surprising that ultimately, in January 2007, the crucial piece of                               the laboratory for more than a year. Further
evidence was finally confirmed and good science prevailed.                                                               work was moved to biohazard level III facilities.
    Dr. JoAnn M. Burkholder is an Associate Professor of Aquatic Botany and Marine
Sciences at North Carolina State University. From the time Pfiesteria was first                                          C R E AT I N G C O N T R O V E R S Y
discovered in 1988, she was the only scientist providing answers and solutions that                                      1993-1997 Research linking Pfiesteria to fish
made sense. “It’s nutrient pollution,” she said. “The river is out of balance, polluted                                  kills, nutrient pollution and human illness was
with fertilizer coming from agriculture and wastewater treatment plants. And it is                                       fought by NC health officials, various industry
Pfiesteria killing the fish and poisoning the fishermen.”                                                                officials and affiliated scientists. State agencies
    The state of North Carolina, however, decided that what was killing tourism, the                                     directed funds to scientists to disprove the
fisheries market and development was not pollution — it was what Dr. Burkholder was                                      research.
saying about Pfiesteria. They knew her science was right. But they                                                       1998-2001 Three scientific panels separately
didn’t want her saying it in public.                                                                                     organized by Maryland, North Carolina and the
    The lion’s share of federal research funding went                                                                    U.S. Centers for Disease Control re-evaluated
to scientists who proclaimed that a fungus caused                                        Don’t Shoot                     and supported findings on the biology and
the fish kills and that Pfiesteria was nontoxic. The                                     the Messenger                   toxicity of Pfiesteria. U.S. Congress directed
                                                                                         — Dr. JoAnn
state and their scientists undertook a vicious public                                                                    at least $80 million for Pfiesteria research and
campaign to discredit Dr. Burkholder. They claimed                                                                       management. Most of the research funds went
that she had refused to give them toxic cultures and                                                                     to scientists who had not studied Pfiesteria, but
had blocked their research. Some accused her of fraud.                                                                   questioned its ability to make toxin and cause
Their attacks were covered in The New York Times, Science                                                                fish kills or human illness.
and other national and local media. Most of the press ignored documentation that Dr.                                     2002-2006 The detractor scientists published
Burkholder had provided cultures to these scientists, and that others had not asked                                      three science papers and press releases
for cultures until after their papers were published. The independent research by other                                  announcing that toxic Pfiesteria doesn’t exist.
laboratories that confirmed her studies was downplayed or ignored.                                                       Meanwhile, NOAA scientist Peter Moeller and
    Leading detractors at the National Oceanic and Atmospheric Administration                                            colleagues in Charleston, SC identify a new
(NOAA) research laboratory in Beaufort, NC and other ‘anti-Pfiesteria’ scientists                                        group of potent Pfiesteria toxins. Another year
received millions of dollars. These scientists had never worked with the complex                                         went by, with more damaging public attacks
microbe and contributed literally nothing to advance the science. Meanwhile, another                                     by the NOAA-Beaufort scientists, while the
federal scientist continued research on Pfiesteria with minimal funding — Peter Moeller                                  toxin manuscript was subjected to 18 separate
of the NOAA Center for Coastal Environmental Health and Biomolecular Research in                                         internal reviews rather than the single internal
South Carolina. After eight years, he unraveled the complex process that produces the                                    review that is typically required.
potent Pfiesteria toxins. Dr. Burkholder’s findings and conclusions were validated yet
again. After nearly 15 years of vicious personal and professional attacks, Dr. Burkholder                                RESOLUTION
has been getting public apologies from newspapers and scientists who realize the                                         January 2007 The NOAA-Charleston scientists
importance of her research and her heroism in standing for good science.                                                 publish their paper on Pfiesteria toxins,
    Neuse Riverkeeper, Neuse River Foundation, the people of New Bern and                                                unequivocally validating Dr. Burkholder and
Waterkeeper Alliance stood with Dr. Burkholder through it all. We could see that what                                    colleagues’ research and findings. In January,
was happening in the water was the very same thing that she was finding in her lab.                                      the major newspapers in North Carolina
Her story was detailed in And the Waters Turned to Blood, an amazing book by Rodney                                      each carry stories validating her research and
Barker (Simon and Schuster 1996).                                                                                        vindicating her personally — most of these
    In the end, the scientific detractors wasted millions of tax dollars. They damaged                                   papers, up to that point, had been selectively
the laboratory and reputation of a good scientist. Most importantly, they squandered                                     reporting only the work of her critics.
years and millions of dollars that should have been spent understanding this toxin and
how to help its human and piscine victims.                                                                                                                     Spring 2007 Waterkeeper Magazine     35

              Rick Dove breaking the bad
              news to North Carolina
              Governor Jim Hunt in New
              Bern, 1995.

                                                       Posted on highway 70 near
                                           RICK DOVE

                                                       New Bern, 1995.

                                                          Mats of algae clog the
                                                          Trent River, a tributary of

                                                          the Neuse.
just the fishermen. It was the business owners, tour-                     But state officials still did not take full responsi-
ism officials, local elected officials and others from                   bility for protecting the public and addressing the
nearly every walk of life. They wanted answers.                      problem. As state marine patrols were out there
   Secretary Howes and his staff were on the stage                    chasing people off the river, politicians were hold-
along with a few other scientists. Most of them                      ing fish cookouts on the shore in New Bern to try
didn’t have a clue as to what was happening in the                   and convince people the fish were safe to eat.
river. As the Neuse Riverkeeper, I was able to re-                       All of us at the Neuse River Foundation were out
lay to our visitors how the river was suffering. Ev-                  there, putting our health on the line, and we made
eryone else there already knew. The only one who                     a promise that those poor fish were going to count
provided any real answers was Dr. Burkholder,                        for something. We didn’t hold back. Our commu-
who again confirmed that the fish kill was caused                      nity was in danger. Fishermen were getting hurt.
by Pfiesteria. After the presentations the panel en-                  That was very painful for me because I am still one
tertained questions from the audience. The line of
people was very long. Everyone had questions and
no one wanted to leave before they got some an-
swers. It was getting late and there was no way all
the questions were going to be answered. People
began to raise their fists; they began to shout—and
the language wasn’t pretty. It was all that Mayor
Tom Bayliss of New Bern could do to maintain
order in the auditorium. I don’t think anybody but
Mayor Bayliss could have pulled that off.
   Secretary Howes and his staff just made excus-
es. They denied any connection between what was
going on with the river and health problems. For-
tunately for us, Secretary Howes had agreed to go
for a boat ride the next day.
   I remember the next morning just as plain as
day. On the way down to the dock Secretary Howes
leaned over to me and said, “Rick, what’s that smell?”
I answered, “You’re gonna see for yourself.”
                                                         RICK DOVE

   It was rainy and misty; you could hardly see.
The skipper navigated the Riverkeeper boat to
the middle of the river by compass and depth
finder. The secretary stepped over to the rail
and looked down at the water. The fish were all                          When Fish Die                                               The crab fishery is still active
                                                                                                                                    on the Neuse: fisherman
                                                                                                                                    David Conner with crab pot
around the boat doing death spirals — spinning                          Advocates face a dilemma when fish die. The initial         in 2002.
out of control in the water as the neurotoxin took                      response of any advocate is to go public, raise hell
effect. Chunks of their bodies were missing, a                           and make every dead fish count in the fight for
hopelessly sad scene. No one said a word. It was                        restoration. To be sure, protecting public health
the river’s turn to speak. Secretary Howes sat si-                      demands such action. But there are consequences.
lently for about ten minutes, then said, “Take me                       As bad news and river closings shut down their
to shore, I’ve seen enough.” When we got back                           markets, fishermen are victimized along with the fish.
he went directly into the Neuse River Foundation                        Property values decline and tourist dollars dry up.
office and called the governor. He said he told the                           The better approach is to get in front of the
governor that the Neuse River was broken and                            problem — prevent fish kills from happening in
needed to be fixed.                                                      the first place. To be sure, this is far more difficult.
                                                                        The solution is to get state and federal officials
The Long Walk                                                           to act before crisis hits. The solution is making
The governor shut down a major section of the riv-                      sure that advocacy is unwavering and effective so
er. The fish markets crashed. The news of Pfiesteria                      no one forgets the risks that pollution presents
and what it does to people — the memory loss and                        to the waterway and surrounding communities.
respiratory problems — spread like a potent virus.                      The solution is ensuring that no one believes that
The tourism industry stalled and real estate values                     polluted water, sick fishermen, wrecked businesses
went belly-up. The pain and suffering that rever-                        or dying fish are acceptable. Solving the problem is
berated through the community was unbelievable.                         what Waterkeepers on the Neuse, Chesapeake Bay
It was one of the most terrible events I’ve ever wit-                   and around the world do on a daily basis.
nessed in my life.                                                                                                          Spring 2007 Waterkeeper Magazine      37

         “This is a                                     of them. For these fishermen there would be no             er Banks where the Neuse waters empty into the
       tough fight                                      treasure hunt — there would be no paycheck.
                                                           Later, Governor Hunt came to New Bern. I was
                                                                                                                  ocean so the river could flush itself.
                                                                                                                     Ultimately the federal government stepped in
      that we are                                       there as Riverkeeper along with the President of the      with about 200 million to help the river. The state
  in, but failure                                       Neuse River Foundation and a few others to meet
                                                        with him. He wanted to talk privately with us but
                                                                                                                  came up with a bunch of programs aimed at re-
                                                                                                                  ducing nutrient pollution. Eleven wastewater dis-
          is not an                                     there were so many people around that we had to           charge pipes were pulled out of the river. A lot of
   option. I will                                       ask him to walk out on the dock. There were things        things did happen between 1995 and 2000 to fix the
                                                        we wanted to say and we wanted it to be private.          river. Fish kills did decline. The Neuse River Foun-
 keep pushing,                                          We told the media to stay back and walked out             dation and the Neuse Riverkeeper made good on
   keep fighting                                        onto the pier. To this day the event is remembered        our promise to those fish — we made those deaths
                                                        as “the long walk on the short dock.”                     count for something.
         and keep                                                                                                    The real problem now is that time has passed
       raising hell                                     Government InAction                                       and apathy has set in. As soon as the headlines died
                                                        We told him, “Governor, this is your fault. You’re        down and the tourism industry stopped scream-
 for as long as                                         responsible for this and so are the members of            ing, things started to go back to the way they were.
   it takes. This                                       the General Assembly. Now you have this hor-              Many of the programs that the state implemented
    is who I am,                                        rific problem on your hands. The river’s dying
                                                        and you let it happen. No more excuses. It has
                                                                                                                  ten years ago are no longer being enforced. The
                                                                                                                  Neuse is endangered once again.
        not what I                                      to be fixed!”                                                 Now when fish die in the Neuse River the state
         do. Being                                         At that point the politicians took over. At first,
                                                        instead of talking about reducing pollution, all they
                                                                                                                  sends out their Rapid Response Team — locals re-
                                                                                                                  fer to them as the ‘Rabid Response Team.’ When
     Riverkeeper                                        talked about were quick solutions. Members of the         they go out to investigate fish kills they come in
      is the most                                       General Assembly came in and formed a Fish Kill           and report that the fish were hit by lightning. They
                                                        Committee, referred to by some as the “‘Kill More         actually say that. I don’t know how lightning puts
        important                                       Fish Committee.” They were talking about doing            sores on fish. They say the sores on the fish are
     thing I have                                       really stupid things like blowing holes in the Out-       from rough water that raked the fish against the

      done in my
         life, and I                                      Pocomoke Stocks Close Down
                                                          Fish kills and Pfiesteria are a          In early August 1997, watermen      and rashes, nausea, burning eyes,
     understand                                           reoccurring national problem. The     on the Pocomoke River began to         headaches, respiratory problems
and accept the                                            Chesapeake Bay and Pocomoke           observe fish swimming erratically,     and memory loss. Researchers

  responsibility                                          River are home to one of the
                                                          nation’s most productive fisheries:
                                                                                                their bodies covered with bleeding
                                                                                                sores. Between August 4 and 9
                                                                                                                                       confirmed the cause of the fish kill
                                                                                                                                       and health problems as Pfiesteria.
              of the                                      fat, salty, succulent oysters, blue   between 10,000 and 30,000 fish             The governor closed the
      job. Others                                         crabs and species of fish too
                                                          numerous to mention. It’s a
                                                                                                perished. Maryland Governor
                                                                                                Glendening immediately ordered a
                                                                                                                                       Pocomoke and the already
                                                                                                                                       embattled bay fisheries crashed.
            depend                                        centuries-old tradition and a vital   team of health experts to the river.   Restaurants and seafood houses
        upon that                                         economic engine, generating about     Fishermen, residents and even the      were stuck with a product that
                                                          $750 million each year.               researchers suffered skin lesions      wouldn’t sell. Many dealers and
      dedication,                                                                                                                      restaurants, unbelievably, had
      and I WILL                                                                                                                       signs in their windows proclaiming
                                                                                                                                       their seafood was safe to eat — it
 NOT let them                                                                                                                          was from North Carolina.
  or the Neuse                                                                                                                              Today, the Chesapeake Bay and
                                                                                                                                        Pocomoke River are still plagued
            down.”                                                                                                                      by nutrient pollution, most of
   Lower Neuse Riverkeeper                                                                                                              which comes from industrial
  Larry Baldwin patrols the
                                                                                                                                        poultry producers. Waterkeeper
Neuse from Goldsboro to the
mouth where the river enters                                                                                                            Alliance and our 15 Waterkeepers
         the Pamlico Sound.                                                                                                              in the Chesapeake Bay watershed
                                                                                                                                         are taking on industrial meat
                                                                                                                                         factories and any other polluter
                               INGRID OLIPHANT/ISTOCK

                                                                                                                                          that stands in the way of a
                                                                                                                                          health bay.
                                                              Chesapeake Bay Blue
                                                              Crabs at market

38   Waterkeeper Magazine Spring 2007                                                                                                          
Hog Factories Spray                                                                                                                        “The pollution
Before the Rain                                                                                                                            threats we
March 1, 2007: An industrial hog facility
discharges waste under gathering rain
                                                                                                                                           face in the
clouds — note where spray crosses over                                                                                                     Neuse River
a ditched area. Hog producers spray                                                                                                        are in many
manure on fields in amounts that far
exceed the capacity of the land to absorb                                                                                                  ways common
the nutrients. Manure then washes off                                                                                                      to waters all
the fields during storms. Ditches in
most sprayfields are directly connected                                                                                                    across the
to streams and, ultimately, the river.                                                                                                     planet. As

                                                                                                                 LOWER NEUSE RIVERKEEPER
Hog sheds and waste lagoon are visible
in the background.
GPS coordinates: N34 55 658 W077 657                                                                                                       you quickly
                                                                                                                                           that our
sediments on the bottom. Some of                                                                                                           public water
the most ridiculous things you’ve
ever heard in your life are the ex-
                                                                                                                                           resources are
cuses that the state is now giving                                                                                                         mismanaged
for fish that die on the Neuse. It’s                                                                                                        and exploited
all about covering it up, keeping
the public satisfied that the river                                                                                                         for the
is all right. It’s a policy of deceit.                                                                                                     benefit of a
The same policy that led to the
major fish kills in the first place.                                                                                                         few special
We have come full circle.                                                                                                                  interests.
    The state has not followed
through on the nutrient reduction
                                                                                                                                           all share an
                                                                                                                 RICK DOVE

programs because of all the pres-
sure from some of the very same
people who were complaining
back in 1995, the tourism and development guys.             But the Neuse’s restoration is far from complete.                              to ensure
All the people who suffered the economic pain and
helped us get the state to set up pollution control
                                                         Today, the Neuse is faced with numerous challeng-
                                                         es both old and new. Untreated fecal waste from
                                                                                                                                           that future
programs now want to put pollution pipes dis-            the basin’s swine produce the equivalent waste of                                 generations
charging partially treated sewage back into the riv-     20 million people, routinely discharged untreated                                 have clean
er. They want more sewer capacity and the easiest        to the river. Developers are demanding construc-
way to get it is to put the pipes back into the river.   tion of new wastewater treatment plants that will                                 water. We
    But we will not allow greed and short memories       dump more nutrients into the river and regula-                                    are the voice
to prevail.                                              tions to enforce existing environmental laws go
                                                         unenforced.                                                                       at the table
Fishable Future                                             But the Neuse is in the hands of two Riverkeep-                                for those
Through advocacy and leadership we’ve made a             ers fully equipped to handle the job. Together, these
lot of progress restoring the Neuse. We’ve used          two river advocates bring more than 600 pounds of
                                                                                                                                           that cannot
litigation to upgrade failing wastewater treat-          muscle, 13 feet of height and the kind of grit that                               speak for
ment plants; we’ve removed 11 major wastewater
dischargers and forced the state to set enforce-
                                                         would put the likes of John Wayne in awe.
                                                            Today’s Neuse Riverkeepers, Larry and Dean,
able limits for nutrient pollution. Today, there are     work on the water in classic bulldog Riverkeeper                                  Upper Neuse Riverkeeper
                                                                                                                                           Dean Naujoks works to protect
new buffer rules and sedimentation regulations            style. They have taken over the decades-old battle                                the upper reaches of the Neuse
set up to protect the river. We have also brought        to keep the Neuse open and safe for fishing. She’s in                              River and Falls Lake.
the construction of new industrial hog factories to      good hands — of that I am certain. W
a screeching halt — proving that animal factories
can’t compete with family farms unless they are al-
lowed to break the law.                                                                                        Spring 2007 Waterkeeper Magazine                            39

Blue Pastures in Public Trust
The Bush administration has made bringing industrial aquaculture
to the ocean a national priority.
By Mark Dowie

»THE UNITED STATES currently imports         threadfin and cobia will be raised in the      bill is NOAA’s top legislative priority for
about 75 percent of the seafood Ameri-       cages, like cattle in feedlots, fed ground    the current Congressional session. It’s the
cans eat, adding 7 billion to our trade     fishmeal robotically from rafts on the         number five issue at DoC.
deficit last year. This is something the      surface. When the fish are grown and               A battle is brewing between critics
Bush administration would very much          ready for market their cages will be raised   of the NOAA plan, who call it “Ocean
like to change, and it is the president’s    to the surface for harvest.                   Ranching” and its supporters who have
stated goal to reduce the nation’s sea-          The administration calls this plan        dubbed it “The Blue Pastures Initiative.”
food trade deficit to zero by 2025. Given     Open Ocean Aquaculture and the Na-            Environmentalists argue that ocean
the country’s growing population and its     tional Oceanic and Atmospheric Admin-         aquaculture is already creating serious
reliance on stock from the severely over-    istration (NOAA), a branch of the De-         ecological challenges with escaped fish
fished waters off America’s coasts, this is    partment of Commerce (DoC), last year         (some of them transgenic), parasite and
no small challenge.                          drafted a bill that would create a legal      disease transfer from farmed to wild
   One administration solution is to lease   framework for the venture. The National       stock, massive sewage discharge and
vast regions of the Exclusive Economic       Offshore Aquaculture Act (S.1195), intro-      other unsustainable usage of marine re-
Zone (EEZ) — waters between three            duced by Senators Ted Stevens (R-AK)          sources. Relocating the farms to the open
and 200 miles offshore — to industrial        and Daniel Inoyue (D-HI) as a courtesy        ocean will also remove them from state
fish farmers. As they do elsewhere in the     to the administration, cleared the White      control and limit public scrutiny.
world, these high-tech aquaculturalists      House Office of Management and Budget               At hearings held before the Senate
would suspend huge cages into the cool,      (OMB) and died in committee. NOAA has         Committee on Commerce, Science and
calm water beneath the waves and sur-        revised the bill and sent it back to OMB.     Transportation, serious environmental
face currents, known to oceanographers       In the meantime President Bush has kept       questions were raised about open ocean
as the pelagic zone. Salmon, cod, am-        the initiative alive with a 3 million pro-   aquaculture. Escaped fish are particularly
berjack, flounder, halibut, red snapper,      motional appropriation to NOAA. The           problematic as they are capable of inter-

40   Waterkeeper Magazine Spring 2007                                                                      
                                                                    If a bill ever passes Congress, whatever     too were bound by a common law that
                                                                 NOAA comes up with will certainly be            granted state governments sovereign
                                                                 tested in federal court. There jurists will     rights to common land and sovereign re-
                                                                 grapple with property and stewardship           sponsibility for its care. The idea of the
                                                                 questions in the legally uncharted pelagic.     public trust was synonymous with Amer-
                                                                 According to Alison Rieser, a marine law-       ica’s promise of freedom. Several states
                                                                 yer at the University of Maine, “There is       eventually wrote some form of the ancient
                                                                 no clear legal basis for granting property      code directly into their constitutions. For
                                                                 rights that are needed to protect the large     example, Article 1, Section 27 of the Penn-
                                                                 investments necessary to build and oper-        sylvania State Constitution says:
                                                                 ate offshore aquaculture facilities in the
                                                                 open ocean.”                                          The people have a right to clear
                                                                                                                       air, pure water and to the pres-
                                                                 A Venerable Doctrine                                  ervation of the natural, scenic,
                                                                 At the heart of this issue lies the ques-             historic, aesthetic values of the
                                                                 tion of whether or not the oldest surviv-             environment. Pennsylvania’s
                                                                 ing common law in history, the Public                 public natural resources are
                                                                 Trust Doctrine, applies to this issue. Can            the common property of all the
                                                                 a doctrine that for 15 centuries defended             people, including generations
                                                                 the shorelines of Europe and then North               yet to come. As trustees of
                                                                 America as “common to all mankind”                    these resources, the Com-
                                                                 be invoked by defenders of the ocean?                 monwealth shall conserve and
                                                                 American coastal waters have always                   maintain them for the benefit
                                                                 been regarded as an element of the na-                of all people.
                                                                 tional commons, protected by govern-
                                                                 ment as a public trust, to be left open for        In early American history the doctrine
                                                                 navigation, recreation and the licensed         was used almost exclusively to protect the
                                                                 catching of wild fish — which also have          public’s interest in one very vital aspect
                                                                 long been established as a public asset.        of the commons: water. Just as Justinian
                                                                 What right, plaintiffs will ask, does the        had declared, navigable water, whether in
                                           LOUISE MURRAY/ALAMY

                       Yellowfin tuna                            federal government of the United States         the sea or flowing to it, was, along with
                       raised in an open                         have to lease ocean water to anyone, par-       shorelines, beaches and river bottoms,
                       ocean pen in
                                                                 ticularly if doing so could harm fish in the     the common property of the nation’s citi-
                                                                 rest of the sea?                                zens. Courts ruled that it was owned by
                                                                    The notion of a public trust has a ven-      everyone and no one at once, an unwrit-
breeding with and compromising the gene                          erable history. It was first proffered in 528     ten easement protected by the water’s
pool of wild stock. They can also overtake                       AD, when the Roman Emperor Justinian            steward — the state. In the years that fol-
habitat. Atlantic salmon now run wild in                         decided to condense the unpublished rules       lowed, American courts, state and federal,
the Pacific. And according to a recent ar-                        and edicts handed down by his predeces-         even the U.S. Supreme Court, upheld that
ticle in Science magazine, mercury, PCBs                         sors and create a unified code of imperial       interpretation.
and other waterborne toxins are found                            law. A year later, 10 legal experts delivered      The landmark public trust case oc-
in aqua-farmed fish at levels three to five                        the Codex Justinianus, to which the em-         curred in 1892 when the U.S. Supreme
times those in wild fish, a consequence                           peror then added an idea expressed by the       Court held in Illinois Central Railroad
of feeding the captives contaminated fish                         jurist Marcius two centuries earlier:           vs. Illinois that a state legislature could
meat. Water pollution from pathogens, an-                                                                        not grant ownership of land under navi-
tibiotics and nitrogen are also expected.                              By the law of nature these                gable water to a private party, in this case
    Supporters of the initiative acknowl-                              things are common to all man-             the railroad, which had been granted, fee
edge some of those problems, but claim                                 kind, the air, running water,             simple, a thousand acres of shoreline and
they will be greatly reduced by moving                                 the sea and consequently the              underwater land — the entire waterfront
fish farms out of coastal waters, which are                             shores of the sea.                        of Chicago.
more environmentally sensitive than the                                                                             Although water and shorelines have
open ocean. NOAA claims to be aware of                              Since then, the Public Trust Doctrine        been the most frequent beneficiaries of
the hazards of aquaculture and has prom-                         has percolated through centuries of war,        public trust protection, the doctrine has
ised to include environmental impact                             successor empires and colonization. As          become amphibious. Air, forests, public
analysis and regulatory oversight in the                         English, French and Spanish kings built         lands, natural beauty and cultural artifacts
proposed legislation, alongside provisions                       their empires, the doctrine was adopted         have recently been defended as common
to streamline 10-year site permits through                       as common law. When new American                assets worthy of public trust protection.
a “one stop permitting process.”                                 states joined the original 13 colonies they     The open ocean, on the other hand, is con-                                                                                                          Spring 2007 Waterkeeper Magazine   41

sidered a global commons, protected by          nation’s history, but in each case it has           Federal courts have ruled that the
the Law of the Sea and other international      been protecting a state’s use of the doc-       Public Trust Doctrine does not apply
agreements. But there is a long ribbon of       trine. It has never claimed it as federal       outside “the territorial sea” but have not
ocean water, 200 miles wide, hugging the        common law, which could apply in ocean          defined where territorial seas begin or
coast of every continent, in which owner-       waters beyond the states’ three mile limit.     end — at the three, 12 or 200 mile lim-
ship rights and stewardship responsibility      That doesn’t necessarily mean that the          its. If the doctrine is accepted as relevant
is still unclear.                               Public Trust Doctrine is not federal, it        and applicable in the EEZ, the specter of
    The Law of the Sea Treaty, now signed       only means it has never been established        public trust rights will make it very dif-
and ratified by 158 nations, extends the         as such. And just because courts have           ficult for NOAA or any agency to entice
boundary of all signatory nations 200           never applied the doctrine to the EEZ           capital intensive sea farmers into the pe-
miles from their shoreline. The enor-           doesn’t mean they can’t.                        lagic zone, because it would be so easy
mous wealth of oil, gas, minerals and                                                           for environmentalists and other political
food stuffs in and beneath the waters of         Closing Argument                                opponents to defeat them in court. Aqua-
these Exclusive Economic Zones makes            As the Public Trust Doctrine has been           culture corporations will want stronger
the word “Economic” an appropriate part         used so effectively to protect public access     property rights than the government can
of their title — an invitation to commerce      to and the ecological integrity of Ameri-       legally offer them under the doctrine of
and development. The United States’             can common assets, on and off shore, it          public trust.
EEZ, which includes Micronesia, covers          seems imperative to invoke it in the EEZ.           Opponents, including commercial
3.4 million square miles, a larger portion      Here is how the case for a federal doctrine     fishers of wild stock, who are beginning
of the earth’s surface than the country’s       might be argued.                                to see themselves as the planet’s last hunt-
land mass.                                          Because its legal system was built on       er-gatherers, are expecting government
    President Bill Clinton signed the Law       British common law, which included              litigants and their industry supporters to
of The Sea Treaty in 1994, but in defer-        the Public Trust Doctrine, the United           contest any mention or invocation of pub-
ence to ocean mining interests, which           States government held an implied pub-          lic trust in the open ocean. Meanwhile
sought unimpeded access to the entire           lic trust obligation over navigable wa-         advocates of the commons see an invit-
ocean floor, Jesse Helms, then Chairman          ters in each territory until it was granted     ing opportunity to affirm a federal Public
of the Senate Foreign Relations Commit-         statehood. Each new state, upon enter-          Trust Doctrine that extends at least 200
tee, refused to hold hearings that might        ing the Union, assumed its own obli-            miles off shore and use it to challenge the
have led to ratification.                        gation over the same waters. But even           further privatization of what they call “the
    There are other compelling reasons,         after all territories had become states,        blue frontier.”
strategic and environmental, not to ratify      the federal government still maintained             “When you fence off large parts of the
the treaty. So it may never happen. How-        public trust responsibility over oce-           sea you’re also taking on a responsibility
ever, stewardship of the zone it created        anic shorelines until coastal state con-        for its protection,” says David Helvarg,
will certainly become a factor in the le-       trol was extended three miles from the          President of the Washington, DC-based
gal contest that awaits ocean fish ranch-        shoreline by the Submerged Lands Act            Blue Frontier Campaign. “Privatizing the
ing, as will the Public Trust Doctrine.         of 1953. The Law of The Sea Treaty did          frontier was a bad idea when Congress
Ratified or not, the treaty defines “EEZ”         not exist, so the U.S. federal govern-          was selling off public lands to railroad
which applies to all nations, and is an area    ment controlled the next nine miles off          trusts for pennies on the acre. It’s a worse
which the federal government clearly ac-        shore, out to the 12 mile limit described       idea today as we’re only beginning to ex-
knowledges by name in all its reports and       by international agreement as the ter-          plore and discover the true values of our
studies, and will surely include in its draft   ritorial waters of all nations. The rest        nation’s largest public asset.”
legislation. If they don’t invoke the zone      was regarded as open ocean, open to all             Protecting any public resource from
by name, and site the law of the sea as its     travelers and fishermen.                         harmful commercial use enhances the
creator, they risk losing all rights to it.         In light of this history it should be as-   benefits for all who seek access to it, par-
    There is no question that the doctrine,     sumed that the federal government still         ticularly other commercial users. Thus
as interpreted by courts in most coastal        bears public trust responsibility over nav-     the ancient common law notion of public
states, allows the private use of state owned   igable territorial waters — and the sea bed     trust, a doctrine which has been used so
public trust land and water for aquacul-        below them — between the three and 12           effectively over the centuries in defense
ture within the three-mile limit. So long       mile limits and now into the EEZ reach-         of navigation, fishing, recreation and eco-
as the activity improves the public welfare     ing out another 188 miles from the coast.       logical integrity, should be tossed into the
and does not interfere with citizens’ enjoy-    If this is a fair assumption, then it would     sea and allowed to drift at least 200 miles
ment of the resources being used. Courts        suggest that the Public Trust Doctrine,         offshore in defense of a common asset we
have also affirmed that “lands,” as defined        accepted by the original thirteen colonies      cannot afford to lose. W
by the doctrine, encompass the river bot-       without argument, and passed by federal
toms and sea beds of navigable waters out       permission to each new state, remains a         Mark Dowie teaches science and
to the three mile limit.                        U.S. government doctrine, at least as it ap-    environmental reporting at the
    The U.S. Supreme Court has upheld           plies to navigable federal waters between       University of California Berkeley
Public Trust Doctrine four times in the         the three and 200 mile limits.                  Graduate School of Journalism.

42   Waterkeeper Magazine Spring 2007                                                                             
Klamath Salmon                                                               By Regina Chichizola, Klamath Riverkeeper

»IN 2006 the Klamath Riverkeeper joined the na-
tive tribes and coastal fishermen of Northern Cali-
fornia whose livelihood, sustenance and religious
practices depend on the Klamath salmon. Our
goal: to bring back the Klamath’s diverse fisheries
and restore the salmon.
   Klamath salmon stocks are the cornerstone of
the entire West Coast salmon fishing industry. The
Klamath River is home to the some of the last re-
maining runs of Chinook and Coho Salmon. It is
also the last spawning ground for the massive green
sturgeon, which lives up to 70 years and weighs up
to 350 pounds. For every fish species in the Klam-
ath, there is a culture that evolved with them. Now
these fisheries are at risk.
   In 2002, just one year after the Bush administra-
tion launched its 10 year plan for the river, 64,000
adult salmon died in the Klamath. In the years
since, fishermen and tribes have been fighting for
their livelihoods and their lives.
   The salmon fishery in a 700-mile stretch of
California and Oregon coastline is governed by
the health of the Klamath River’s salmon runs,
which have been declining steadily since the 2002
fish kill. If Klamath numbers are lower then 35,000
salmon for more then a year, the state curtails the
fishing season.
   In 2006 salmon numbers where predicted to
be only in the 20,000 range and the coastal fishery
was closed. Hundreds were left jobless. Fishermen,
tribes and the coastal towns that lost millions in
revenue demanded emergency relief for the indus-
try. When no relief came the coalition took action
to fix the Klamath.
   In a recent press conference announcing the
‘Water for Fish’ campaign, fishermen and tribes
underlined the importance of the Klamath fishery.
Dick Pool, campaign coordinator and owner of the
Concord, CA-based tackle company, Pro-Troll, ex-
plained the reason behind the campaign, “Dams,
diversions and mismanagement are leading to a
massive fisheries failure in California,” he said. “Fish
and fishermen are being left out of water policy de-
cisions of the state and federal governments.”
   Gordon Robertson, from the America Sport-
                                                                                                                         KLAMATH RIVERKEEPER

fishing Association, underlined the economic               Fishermen rally
importance of fishing in the U.S. and California,          in May 2006 to
                                                          fix the Klamath.
“Recreational fishing contributes 116 billion to the

                                                                                  national economy each year while California sport-
                                                                                  fishing contributes 12 billion per year to the state’s
                                                                                  economy and supports 43,000 jobs.”
                                                                                      Ron Reed, cultural biologist for the Karuk Tribe,
                                                                                  said his and other Klamath Basin Tribes have been
                                                                                  hurt dramatically by the decline in Klamath River
                                                                                  water quality and fisheries. “The Karuk, the second
                                                                                  largest tribe in California with over 3,000 mem-
                                                                                  bers, caught only 200 salmon last year in our tra-
                                                                                  ditional dip net fishery. This impacts not only our
                                                                                  health, but our culture and way of life.”
                                                                                      However, Reed noted that it is not just the Karuk
                                                                                  and other tribes and fishermen who are impacted,
                                                                                  everybody is affected economically by fish declines.
                                                                                  “Now is the time for all of us to come together,” he
                                                                                  said. “We can’t solve the problem by single species
                                                                                  management — we need to manage all of the spe-
                                                                                  cies. If we don’t restore the Klamath, we will not be
                                                                                  able to save our fisheries.”
                                                                                      Much of the fish disease stems directly from
                                                                                  PacifiCorp’s Klamath River dams, now owned by
                                                                                  billionaire Warren Buffett. Scientific studies have
                                                                                  shown the impacts of the dams and their connec-
Ron Reed, the Karuk                                                               tion to the Klamath River’s many fish diseases. Of
                                                                  KARUK TRIBE

Tribe’s cultural biologist,                                                       particular concern is the Ceratomyxa Shasta para-
fishing at Ishi Pishi Falls.
                                                                                  site, infecting and sometimes killing up to 80 per-
                                                                                  cent of the juvenile Chinook salmon every year.
                                        Traditional salmon bake                       The parasite thrives directly below Iron Gate
                                        on the Klamath River                      Dam. Behind the Iron Gate is a toxic algae prob-
                                                                                  lem of unbelievable magnitude — with levels 4,000
                                                                                  times more toxic than the World Health Organiza-
                                                                                  tion’s standard for safe recreational contact. Klam-
                                                                                  ath Riverkeeper has joined with commercial fish-
                                                                                  ermen and the Karuk Tribe to deal with the toxic
                                                                                  water coming from the Iron Gate Dam.
                                                                                      After the last two years of fishing shut-downs,
                                                                                  “Fix the Klamath” and “Bring the Salmon Home,”
                                                                                  have become the rallying cries of the commercial
                                                                                  fishermen, tribes and environmental groups, in-
                                                                                  cluding Klamath Riverkeeper.
                                                                                      Predictions for this year’s fall Chinook run show
                                                                                  some short-term relief. Whole towns and tribal
                                                                                  communities wait to see if they can survive another
                                                                                  year with little ocean salmon fishing.
                                                                                      After years of struggle, the people of the Klam-
                                                                                  ath are ready for change. Farmers, Native people,
                                                                                  environmentalists and fishermen are all talking.
                                                                                  Agencies are starting to think about the impending
                                                                                  extinction of many of the Klamath’s diverse species.
                                                                                  The public is demanding healthy wild salmon.
                                                                                      The removal of the Klamath dams is just the be-
                                                                                  ginning of the restoration of the Klamath salmon
                                                                                  and fisheries. In the next year, the fate of these dams
                                                                                  and the Klamath Coho in the Klamath’s tributaries
                                                                                  will be decided. With this decision lies the fates of
                                                                                  the cultures and economies of the Klamath basin.
                                                                  KARI NORGAARD

                                                                                  Klamath Riverkeeper and our many partners and
                                                                                  supporters will be there. W

44   Waterkeeper Magazine Spring 2007                                                                        
By Shenandoah Riverkeeper Jeff Kelble
Photos by Shenandoah Riverkeeper

»IT WAS 1999, and from the middle of the Potomac
River below Harper’s Ferry, West Virginia, I had
spotty reception on my cell phone. This is where
several hundred million years ago a giant flood
broke through the Blue Ridge Mountains and cut
a path that emptied a sea whose bottom we now
call the Potomac Highlands. Here, the historic
Shenandoah River joins the Potomac; at times its
flow pushing up the Potomac, at other times being
pushed, all depending on where the rain fell.
    Giant tombstone ledges of granite cross the riv-
er, holding pools of water back only to flow through
cuts hammered out by floods. These are some of
Potomac’s mightiest rapids. With names like Mad
Dog and White Horse, they rumbled in the back-          being taught to row one of these things by a retired         Bull Falls on the
ground as I tried to continue doing sales business. I   tobacconist, John Hayes — also fishing guide, story           Shenandoah River
was playing hooky from my job, because the small-       teller and big laugher.
mouth bass fishing through here was incredible               Overnight I was hooked and began taking cli-
and I couldn’t stay away. An awesome population         ents out on the nation’s river the next spring.
of smallmouth bass was growing up that year, just       Among the guides was Butch, a full time car sales-
the strongest fish in the system, those that survived    man; Mark, a defense contractor; Dave, a middle
the two floods in 1996.                                  school teacher and gifted writer; Rick, who worked
    I became a regular fixture of the river during the   in IT; and Mark Kovach, the original handlebar-
work week, as my interest in selling things was dy-     mustached fishing guide. They were all doing the
ing and I was being reminded that I had grown up        same thing that I was, feeding their souls by taking
on rivers, and that’s where I felt best.                people fishing.
    It wasn’t long before I began meeting guides            By spring of the next year, now with my own
from Mark Kovach Fishing Services. Men rowing           boat, I needed to see more of the Mid-Atlantic’s
whitewater rafts through these waters with fisher-       rivers, so I started Playing Hooky Guide Service.
men attached to swivel seats, fishing as they floated,    Over the next seven years I twisted and turned my
came by every day like clockwork. I was fascinated      boat along dozens of rivers laid out in more than
and I didn’t hide it well, because before long I was    100 different floats. I don’t know how many fisher-

                                                        That’s the question that      waste, insecticides,           and urged Congress to
                                                        residents of the DC           cosmetics and medicines        act before the problem
                                                        metropolitan area are         in our waterways. These        became even worse.
                                                        asking themselves about       chemicals are taking a toll    Merrifield described the
                                                        the fish in the Potomac       on the fish — and until        chemicals causing the
                                                        River. Around the nation’s    we know for sure — who         mutations, the dangers

   Fish-he                                              capital male fish are
                                                        developing ovaries in their
                                                                                      is to say that they are not
                                                                                      taking a toll on us?
                                                                                                                     to human health and
                                                                                                                     EPA’s slow response to
               or                                       reproductive organs. The          In October, Potomac        the matter. “In the long

                                                        condition — known as          Riverkeeper Ed Merrifield      run,” he warned, “keeping
                                                        intersex fish — is linked     testified before the U.S.      these chemicals out of
                                                        to hormone disrupting         House Committee on             our rivers and streams is
                                                        chemicals from animal         Government Reform              what matters.”                                                                                           Spring 2007 Waterkeeper Magazine   45

NY/NJ                              Author Jeff Kelble
                                   and comfortable
Baykeeper                          passenger.
Andy Willner
and blue fish
In late summer 2006 on
patrol along the South
Shore of Staten Island
I noticed some birds
working hard on some
bait fish near the surface. I
knew there was a fishing
rod somewhere on the
boat. It was a four piece,
very light rod, with even
lighter line. I also found
a rusty lure, tied it on
and quickly cast into the
middle of the turmoil.
Immediately, I felt a huge
hit, set the hook and let
the line run out almost its
entire length. The next 20
minutes were as much fun
as I ever had fishing. When
I finally got the fish along
side, it was a monster. I
got the fish on board,
Rick Jacks took the picture      men watched the back of my head while I rowed as             For thousands of years the river has been the fo-
and we let the beast go to       I tried to see around their buddy in front of me. We      cal point of settlement for indigenous people with
hunt some more. I went           were all after that mystical giant smallmouth.            stone suitable for cutting points, rich soil for ag-
home with the picture and            Soon I knew all the faces. The jokes were familiar    riculture, flourishing wildlife and a river that ran
bragging rights.                 and I found myself on the Shenandoah River more           heavy with fish. Few miles pass while floating the
                                                         than anywhere else. Some-         Shenandoah where you don’t see evidence of an-
                                                         thing was different about this     cient V-shaped fish structures first cut into the
                                                         river, its waters green tinted    stone thousands of years ago. These ancient V’s
                                                         and clear, thick with sweep-      concentrated fish through passageways where they
                                                         ing star-grass, bugs and fish.     were speared or corralled into baskets. Even today
                                                         A river whose floor was bed-       in our highly technological age, rods and reels are
                                                        rock and permanent, running        as sophisticated as we’ve gotten.
                                                        along the base of the Blue            Sadly, the Shenandoah River no longer supports
                                                        Ridge Mountains; bouncing          the renowned population of fish that once helped
                                                        though the Shenandoah Val-         me earn my living. Historically bountiful popula-
                                                        ley between the Allegheny          tions of at least one native fish are nearly gone be-
                                                        and the Blue Ridge ranges.         cause of years of fish kills. So in 2006 I closed my
                                                        Pushing boulders along that        guide business to become the Shenandoah River-
                                                        used to ride ridge tops and        keeper. Fixing the river is going to be complex. But
                                                       pulling trees that used to          already I’ve brought my first lawsuit against one
                                                       hold its banks together before      major polluter, and in many senses, already won.
                                                       the floods. The river pushed         The list of polluters is long, but I have only just be-
                                                       through history and pulled me       gun my work. W
                                                       in. This valley became my fam-
                                                       ily’s home. It wasn’t until later
                                                       when I began building my bed
                                                       and breakfast that I learned my
                                                      family farmed the Shenandoah
                                                      Valley 250 years before — liv-
                                                      ing off the land and its waters.

46   Waterkeeper Magazine Spring 2007                                                                                 
»YEARS AGO, I remember going out with my grand-
father to fish for shrimp with atarralla, a type of
fishing net. We used to catch up to 150 or 200 kilo-

grams of shrimp. We would go to the beach and fill
up entire sacks by hand. Today, there are 20 to 25
fishermen who have dedicated themselves to catch-
ing shrimp with atarralla, but they do not catch
more than eight to 10 kilograms in a day. Similarly,
other fish, like clams, blue crabs and mollusks, have
become scarcer in Bahía Magdalena.
   Seventy percent of the population of Puerto San
Carlos depends directly on fishing in Bahía Mag-
dalena. The area is rich with seafood, but in recent                    By Julio Solis, Guardaguas Bahía Magdalena/Magdalena Baykeeper
years it has been overexploited. It is our interest
to promote responsible fishing and to protect the
bay from the industrial and domestic pollution that
threaten it.
   When I started fishing in 1991, fishing was a
wonderful experience in every sense. Back then,
we could catch enormous amounts of lobster,
shrimp, abalone and fish. But today, fishing has
declined because of over fishing. In the last five
years the population of San Carlos has grown
exponentially. People come from other parts of
the country to try to survive, but this limits the
amount of resources available per person. Today,
the signboard to the entrance of the community
hasn’t been changed, it says population 3,000, but
the reality is probably 11,000.
   We need responsible fishing, good regulation
and strong enforcement. So far, planning and con-
servation efforts have been weak. But people trust
us, they believe in the objectives of Magdalena Bay-
keeper. We are filling a void in the community for
the good of our bay.
                                                       CHRIS PRESENTI

»HACE AÑOS, recuerdo salir con mi abuelo a pescar                       de langosta, camarón, abulon y pescado. Pero hoy,
camarón con atarralla (un tipo de red). Soliamos                        la pesca ha disminuido debido a la pesca excesiva.
capturar hasta 150 o 200 kilogramos de camarón.                         En los ultimos cinco años la población de San Car-
Ibamos a la playa y llenabamos sacos enteros a                          los ha crecido exponencialmente. La gente viene
mano. Ahora hay entre 20 y 25 pescadores que se                         de otras partes del país para sobrevivir, pero ésto
dedican a pescar el camarón con atarralla y cap-                        limita la cantidad de recursos disponibles por per-
turan solamente entre ocho y 10 kilogramos en un                        sona. El letrero a la entrada de la comunidad no se
día. Pasa lo mismo con los otros pescados, almejas,                     ha cambiado, anunciando una población de 3.000,
cangrejos azules, moluscos, todos se han vuelto                         pero la realidad es probablemente 11.000.
muy escasos en Bahía Magdalena.                                            Necesitamos la pesca responsable, necesitamos
   Setenta por ciento de la población de Puerto                         la buena regulación y la aplicación fuerte de la ley.
San Carlos depende directamente de la pesca en                          Hasta ahora, los esfuerzos del planeamiento y de la
Bahía Magdalena. El área es rica en mariscos, pero                      conservación han sido débiles. Pero la gente conf ía
en años recientes que han sido sobre explotada. Es                      en nosotros, creen en los objetivos del Guardaguas
nuestro interés promover la pesca responsable y                         de Bahia Magdalena. Estamos llenando un vacío
proteger la bahía contra la contaminación indus-                        en la comunidad por el bien de nuestra bahía. W
trial y doméstica que la amenazan.
   Cuando comencé a pescar en 1991, la pesca era
una magnifica experiencia en todos los sentidos. En
ese entonces, podíamos extraer grandes cantidades                                                                                                       Spring 2007 Waterkeeper Magazine   47

              the Kaw
By Kansas Riverkeeper            »IN THE late 1800s Abe Burns and his friend Jake
Laura Calwell                    Washington used to ‘noodle’ for catfish just be-
                                 low Bowesock Dam, a stone dam constructed on
                                 the Kaw in 1874. After fastening a large hook to a
                                 board, they would tie the board to their arm and
                                 plunge underwater, searching holes below the

                                                                                                                                                            DOUGLAS COUNTY HISTORICAL SOCIETY, LAWRENCE, KS
                                 dam where large cats liked to hide. When they
                                 found a big cat they gaffed it with the hook and
                                 brought it to the surface. One day, Abe hooked
                                 on to a cat that was far too big for him to handle.
                                 Neither Abe nor the catfish surfaced until sev-
                                 eral days later when both he and the fish were
                                 found downstream — still hooked together.
                                    Noodling is now illegal on the Kaw. But
                                 safe, responsible access to the Kaw is a public
                                 right. Public access and recreational use of the
                                 river is essential to its protection. Simply put, un-    Abe Burns (on the left) and Jake Washington in 1895 showing off
                                 less people get out in the water, they aren’t going to   their day’s catch of a 90 and a 110-pound Blue Catfish (before
                                                                                          state records were documented).
                                 understand and appreciate what they have.
                                    Nevertheless, for a long time, public boat ramps
                                 were so limited that boating on the Kaw was rare.        along with the Arkansas and Missouri Rivers. Their
                                 Some fished from the banks of the river, but only         tributaries are considered private property and are
                                 those willing or able to maneuver their boats            closed for recreational purposes. Although this is
                                 through the muddy, undeveloped access points             a violation of the Public Trust Doctrine, there has
                                 — mostly under bridges — were able to get onto           been little complaint. After 1951, when a Kansas
                                 the river.                                               River flood devastated Kansas City, reservoirs were
                                    The state recognizes the Kansas River as one of       constructed on the river’s tributaries to prevent the
                                 the state’s only three publicly navigable waterways,     river from deluging nearby cities. The reservoirs,
                                                                                          complete with fishing, sailing, water-skiing, picnic
                                   Bill and Norman Cross                                  areas and camping grounds, are in part the reason
                                   catch & release a 65 pound                             why the Kaw and its tributaries have been over-
                                   Blue Catfish on the Kaw in
                                                                                          looked for their recreational potential.
                                   April 2004.
                                                                                             Since 2003, Friends of the Kaw and Kansas
                                                                                          Riverkeeper have been working to reopen public
The Kansas River runs                                                                     access to the river. That year, Mike Calwell, the
over 171 miles of prairie                                                                 kingfish of Kansas Riverkeeper’s access projects,
from Junction City to                                                                     received a grant from the Federation of Fly Fish-
Kansas City. Affectionately                                                               ers to work with a local community — St. George
know as the Kaw, it is a                                                                  — to construct the first access ramp along the Kan-
shallow, sandy bottomed                                                                   sas River in 20 years. Since then, the Kansas River-
river with deep holes                                                                     keeper’s quest for open access has snowballed.
— habitat loved by Blue,                                                                  With four access points completed and two more
Channel and Flathead                                                                      on the way, state and county governments and even
Catfish. Catfish stay in the                                                              communities along the Arkansas River are follow-
holes during the day and                                                                  ing our lead. Our dream of a public access ramp to
venture to the shallows                                                                   the Kaw every 10 miles is almost a reality. Although
to feed after dark. The                                                                   there’s no more noodling, we believe that Abe and
Kansas state record Blue                                                                  Jake would be very happy to see people back on the
Catfish — 94 pound                                                                        Kaw, fishing. W
— was caught here.

48   Waterkeeper Magazine Spring 2007                                                                                      
                                                                                        Author Ben Williams is
                                                                                        a board member of St.
                                                                                        Johns Riverkeeper.

                                                                                                                        When you
                                                                                                                        seafood for
                                                                                                                        a living, it
                                                                                                                        becomes quite
                                                                                                                        clear that if
                                                                                                                        the underlying

River Shrimp                                                                  By Ben Williams
                                                                                                                        is not healthy,
                                                                                                                        your economic
»OVER THE years the question has remained the           river shrimp. They’re skeptical of any seafood com-
                                                                                                                        aren’t going
same, “Are those river shrimp?” But the reason for      ing from our river.
the question has changed. Almost 30 years ago,              That’s a sad thing, for our St. Johns is still              to be healthy
when I first worked in a fish market, the customers
wanted river shrimp. They knew that shrimp from
                                                        a magnificent and productive estuary. It nurtures
                                                        not only shrimp but many other commercially
the river had a different texture and a slightly dif-    valuable fish and crustaceans. Just as importantly
ferent taste to them. The customer didn’t know that     though, our river also nurtures and sustains the
what they called river shrimp were actually juvenile    fisherman who have traditionally, and sustainably,
Atlantic White shrimp or that the slightly different     harvested them for our tables.
taste and texture was the result of the shrimp living       Having been a commercial fisherman, and for
in, what was many times, almost freshwater. They        the last 25 years worked in and owned fish markets,
just knew they liked them.                              it’s been clear to me for a long time that if we are to
   Today our customers will ask the same question,      sustain, not only the fish and shrimp and crabs, but
but for a significantly different reason; they don’t      the fisherman who harvest them, then we need to
want river shrimp. They’re skeptical of the safety of   protect our river. When you harvest seafood for a                                                                                              Spring 2007 Waterkeeper Magazine   49
                KNOW YOUR RIGHTS

                                                 living, it becomes quite clear that if the underlying    a certain initial tension, and in that little room it
                                                 environment is not healthy, your economic pros-          was tense.
                                                 pects aren’t going to be healthy either.                     Fortunately though there were a few folks in that
                                                     It was with that understanding that I drove          little room who saw the big picture and understood
                                                 down to the University of Florida’s Whitney Lab          what needed to be done. The birthing process
                                                 in Marineland one evening seven or eight years           was painful, but successful. St. Johns Riverkeeper
                                                 ago. I didn’t know exactly what a Waterkeeper            emerged. Over the years we’ve managed to stay fo-
                                                 was but I knew that the existing environmental           cused on our mission: clean and healthy waters in
                                                 efforts, some of which I had been a part of, had          the St. Johns River.
                                                 not been very effective in protecting our river.              And it’s that vision that brings me back to the
                                                 That first organizational meeting was not overly          question, “Are those river shrimp?” Our job is to
                                                 encouraging. As we all know, when you put rec-           turn back the clock on that question so future
                                                 reational fisherman, commercial fisherman and              generations will reap the benefits of a healthy St.
                                                 an environmentalist together in a room there is          Johns River. W

                Fishable Waters,
                                                 Edible Fish
                By Zeke Grader,                  »IN CONGRESS’ final hours in 2006, it reauthorized the    two national ocean commissions as a major step
                Executive Director               nation’s primary fishery statute — the Magnuson-          forward. The law ensures a more scientific ap-
                of the Pacific                   Stevens Fishery Conservation & Management Act.           proach to fisheries management in the ocean and
                Coast Federation                 This law asserts U.S. jurisdiction over a vast body of   sets a firm deadline to end over fishing.
                of Fisherman’s                   water stretching from 3 to 200 miles offshore and es-         Despite the hoopla, however, serious problems
                Associations, and                tablishes federal fishery management authority.           remain in the effort to ensure an ample supply of
                California Coastkeeper              This action was hailed by the Bush administra-        fish in ocean waters. Laws, after all, are just words
                Linda Sheehan                    tion, members of Congress, fishing groups and the         unless there is the political will and funds available
                                                                                                          to implement and enforce them. The Magnuson-
                                                                                                          Stevens Act, which is a 20-year old law, already
                                                                                                          had a prohibition on over fishing that was not ade-
                                                                                                          quately enforced. Congress and the administration
                                                                                                          fail to spend the money needed for fish population
                                                                                                          research and enforcement, making it difficult, if
                                                                                                          not impossible, to establish seasons and quotas for
                                                                                                          sustainable fishing.
                                                                                                              And a huge gap in federal protection remains:
                                                                                                          no law takes a comprehensive approach to making
                                                                                                          sure there are not only enough fish, but that the fish
                                                                                                          are also safe to eat. If we are to have fishable waters
                                                                                                          and edible fish, we will need to invoke the Magnu-
                                                                                                          son-Stevens and Clean Water Acts, plus state laws
                                                                                                          that regulate polluted runoff, a major source of fish
                                                                                                          contamination that the Clean Water Act virtually
                                                                                                          ignores. A close collaboration of Waterkeepers and
                                                                                                          fishermen in this effort will preserve this nation’s
                                                                                                          great fishing heritage and access to a healthy boun-
                                                                                                          ty from our waters. W

                50   Waterkeeper Magazine Spring 2007                                                                                
Seafood Consumption Advisory

                                                                                                                                                 JASON HOUSTON
»RESPONSIBILITY FOR monitoring the safety of our
fish and shellfish falls to the states. Forty-eight
states, the District of Columbia and America Sa-
                                                       In 2004 FDA and EPA issued a joint
moa have fish advisories in place — warning the         consumer advisory about mercury in fish
public to limit or avoid the fish caught in their wa-   and shellfish. Their advice:
ters because of contamination. In 2003, 92 percent
of the Atlantic Coast and 100 percent of the Gulf      Fish and shellfish are important parts of a healthy and balanced diet…
Coast were under advisory. On the Pacific Coast         However, depending on the amount and type of fish you consume it may
states do not issue statewide advisories, but Hawaii   be prudent to modify your diet if you are: planning to become pregnant;
has issued a statewide advisory for marine fish.        pregnant; nursing; or a young child. With a few simple adjustments,
                                                       you can continue to enjoy these foods in a manner that is healthy and
Don’t Look, Don’t Tell Policy                          beneficial and reduce your unborn or young child’s exposure to the
Fishermen and fish consumers across the country         harmful effects of mercury at the same time.
are not being supplied with the information they
need to make educated choices about the fish they       Specifically:
eat. Meanwhile, EPA looks on while the states do       1. Do not eat Shark, Swordfish, King Mackerel, or Tilefish because they
away with their monitoring programs and public            contain high levels of mercury.
fish consumption guides.
                                                       2. Eat up to 12 ounces (2 average meals) a week of a variety of fish and
Mercury Rising                                            shellfish that are lower in mercury.
Six hundred and thirty thousand infants are born          • Five of the most commonly eaten fish that are low in mercury are
each year with unsafe levels of mercury in their            shrimp, canned light tuna, salmon, pollock, and catfish.
blood, according to U.S. EPA and Centers for              • Another commonly eaten fish, albacore (“white”) tuna has more
Disease Control. Forty-four states have statewide           mercury than canned light tuna. So, when choosing your two meals
mercury fish advisories. The largest emitters of air-        of fish and shellfish, you may eat up to 6 ounces (one average meal)
borne mercury in America are the 1,100 coal burn-           of albacore tuna per week.
ing power plants that spew roughly 50 tons of mer-
cury each year, poisoning our nation’s lakes, rivers   3. Check local advisories about the safety of fish caught by family and
and streams, fouling our food supply.                     friends in your local lakes, rivers, and coastal areas.                                                                                      Spring 2007 Waterkeeper Magazine   51

Fisheries Act Under Attack
By Krystyn Tully,    »THIS SPRING, Canadians will decide the future of    against new threats to our waterways. Investiga-
Vice President,      the nation’s most powerful, most important en-       tions and occasional prosecutions of Fisheries
Lake Ontario         vironmental law — the Fisheries Act. When the        Act offences have led to cleanups of contaminat-
Waterkeeper          dust settles, Canadians may be left with one of      ed sites across the country. One conviction often
                     the most effective, protective water laws in the      leads to the cleanup of an entire industrial sector,
                     world. Or short-sighted, rushed decision-mak-        because the national law sets a bar that protects
                     ing may rob Canadians of the best tool we ever       every community. Desire to comply with the
                     had to safeguard our waterways, our fisheries         Fisheries Act motivates industry and developers
                     and our communities.                                 to protect fish habitat and clean water.
                         The Fisheries Act is nearly 140 years old. It       A new version of the Fisheries Act, now be-
                     shapes the Canadian fishery, influencing who           ing rushed through Parliament, threatens to
                     gets to take fish from what areas, how much and       take away Canadians’ right to clean waters and
                     under what conditions. It also prohibits the de-     healthy fish. This proposal is a complete over-
                     struction of fish habitat and the pollution of wa-    haul, eliminating the most important protections
                     terways. The pollution prevention rules, added a     for citizens’ right and our waterways. Gone is the
                     little more than 30 years ago, are the rules that    rule that says a community will participate in an
                     Waterkeepers live by. And they are under siege.      environmental assessment if fish habitat is to be
                         Today’s Fisheries Act says that no one can put   destroyed. Gone is the rule that ensures at least
                     toxic substances into waters where there are fish     one-third of every river is always unobstructed.
                     and no one can destroy fish habitat without gov-      Gone is the rule that says ships can’t sweep coal
                     ernment authorization. Offenders can be tried in      ashes into our waterways. Gone are the key defi-
                     criminal court and face fines of up to one million    nitions that prohibited the deposit of deleterious
                     dollars a day or jail time if they are convicted.    substances — pollution — into Canadian waters.
                     The rules that clarify how the law is enforced          The proposal takes environmental protection
                     have been established by various courts through      away from citizens and independent courts and
                     years. The standards are clear, they apply equally   concentrates power in the minister’s office. It
                     to every polluter and they equally protect every     abandons rule of law in favour of ministerial dis-
                     waterway in the country.                             cretion, politicking and lobbying. The proposed
                         Today’s Fisheries Act encourages citizens to     new Fisheries Act would abandon fish, and pro-
                     protect their local waterways. Anyone who has        tect corporate interests through grants, loans,
                     evidence that an offence is being committed can       and insurance programs. It also offers up a new,
                     prosecute the polluter in court. This right is an    softer response to serious environmental crimes
                     important protection against government inac-        by allowing “alternative measures agreements”
                     tion. It is one of the hallmarks of the Canadian     to replace guilty pleas and criminal records — an
                     justice system.                                      approach that is radically different from this gov-
                         The Fisheries Act is not perfect. The federal    ernment’s other crime policies.
                     government has used it to write regulations ex-         Canadians rely on a strong Fisheries Act to
                     empting mining and paper facilities from adher-      protect our waters, our traditions and our com-
                     ing to environmental standards. It takes time,       munities. For the first time in years, the federal
                     money and good lawyers to win a Fisheries Act        government is focused on one of the country’s
                                                                                                                                 ISTOCK/BRYAN DELODDER

Early morning        case in court. Historically though, the Fisheries    most pressing issues. But corporate lobbyists
overlooking the      Act has been the best — and possibly only — na-      and large industrial polluters are steering the
Ottawa River and
                     tional tool that Canadians can use to hold pollut-   ship. It leaves us asking, why? And gearing up for
Parliament Hill in
Ottawa, Canada.      ers accountable, win back lost fisheries and ward     a fight. W
                                                                          »the way

                With a river, it’s use it or lose it.
                Polluters assume possession of a waterway when people stop swimming and boating, catching and eat-
                ing the fish. The public perception that a waterbody is ‘dead’ is a self-fulfilling prophecy. With the public
                off the water, government officials can downgrade protection and use the waterway as a sewer. The law is
                clear, but law enforcement is weak. Citizens must stay on the water to exercise their rights as owners and
                stewards of our waterways.
                   So get out there. Assert your ownership. And enjoy. W

                                                                                           Spring 2007 Waterkeeper Magazine   53

                Teach Wealth
                By Nick Vos-Wein, Hackensack Riverkeeper Project Manager

                »HACKENSACK RIVERKEEPER’S Urban Watershed Edu-                 concrete learn that no matter where they live, they   Riverkeeper-trained fisherman
                cation Program teaches middle school students                  are connected to nature. They just need to get out    shows off his catch at Wilson
                                                                                                                                     Pond in Linden, NJ.
                how to fish. And through fishing, the students ex-               on the water. W
                perience the wealth of a personal encounter with
                their local waterway.
                   We use games to teach kids about the fish that
                live in their local river or lake. Students conduct
                a cleanup of their school grounds and affix a per-
                manent marker to stormdrains that reads, ‘Don’t
                Dump. Drains to Your River.’ They get on the wa-
                ter with Hackensack Riverkeeper Captain Bill
                Sheehan and try their hand at water quality test-
                ing. The final morning is spent learning to cast.
                Then they spend the day fishing. For many, this is

                                                                                                                                                           HACKENSACK RIVERKEEPER
                their very first time holding a fishing rod.
                   Over the past decade, we have reached thou-
                sands of young people. Kids who live in an en-
                vironment too often defined by pavement and

                     Sky Sight
                     This January, 850 students from H.B. Lee Middle School in Portland, Oregon
                     became a sturgeon for an hour to conclude the Art For the Sky project, sponsored
                     by Columbia Riverkeeper. Art For the Sky combines art, music, math, history and
                     science and culminates in a gigantic living painting on the school’s athletic field
                     colored and shaped by the living forms of participants.

                54   Waterkeeper Magazine Spring 2007                                                                               
               Go Fish
               By Dr. Jack A. Mills, Jr.

                                                                                                                                  “Jack Mills
               »MY FIRST recollection of fishing was digging. Af-          In 1944 I made my first overnight float trip from
               ter about an hour or two, my father and I might        Clayhatchee to Geneva with my long-time friend              is our best
               be lucky enough to find 75 to 100 worms. Then, to       Joe Watson. We cast artificial lures during the day          set of eyes
               the river to find a nice eddy hole with no branches     and set hooks at night. We caught fish like you
               overhead so we could flip our lines, hook and sink-     wouldn’t believe, at least it seems that way now. I         on the river,
               er, in hopes a fish would spot the worm.                think the fishing on the river has always been good.         reporting
                   This was in the middle 1930s. Most of the fishing   It is just as good now, of course it varies as to the
               was from the banks or wading. The few boats that       capability of the fisherman.
               were used were moved by paddles or oars. Once              The biggest change in fishing is technology. Bet-        and
               in a while you could hear a motor putting up and
               down. There were fewer gators then, more beaver
                                                                      ter poles, reels and rods, plastic lures. My favorite
                                                                      lures in the 1950s and 1960s were Hawaiian Wig-
               and deeper channels. In the summers after school       glers, Lucky 13’s, inline spinners (preferably yellow)      from poor
               was out daddy would take me on an all day trip on
               the Choctawhatchee down in Florida. We would
                                                                      and, of course, I still fish worms and crickets. I’ve
                                                                      found that the very best fishing times are in spring
               leave before daylight, get home after dark. And        and fall — fall especially after hunting season be-         operations
               hopefully dress a big mess of fish before bedtime.      gins when there are fewer folks on the river!               to tire
               In 1940 my father purchased our first outboard              All in all — the fish are still there. It’s up to you
               motor, a Johnson 5 HP.                                 to go catch them. So go fish the river! W                    dumps.”
                                                                                                                                  Michael William Mullen,

                  Fishing New York Bay

                                                                                              Spring 2007 Waterkeeper Magazine   55

                                 to See
                                 By Jason Houston

                                 »I DON’T fish to catch fish. I go out when I think there will be fish around. I
                                 choose rivers that I think will have fish in them. I do my best to understand the
                                 biology and ecology of the hunters and the hunted. And I have been accused of
                                 carrying around that silly grin fishermen get after they catch a fish. But I don’t
                                 fish to catch fish.
                                     I fish to see things differently. I am a photographer and photography in-
                                 forms everything I do — except fishing. Waist deep in the current, methodi-
                                 cally, repeatedly — maybe obsessively — slinging my line and squinting at the
Photographer and                 passing riffles, I experience the world not as stills, but for the fluid, delicate,
fly-fisherman Jason              ever-changing thing it is.
Houston fishes the                   Fishing is a way of experiencing the incomprehensively complex relation-
tiny Green River in his          ship between fish, water, light and insect — one I appreciate and try to par-
hometown in Western              ticipate in, but don’t feel the need to try and fully understand. Even the best
Massachusetts.                   fishermen, really, only luck into catching fish. W

56   Waterkeeper Magazine Spring 2007                                                                        Spring 2007 Waterkeeper Magazine   57

Ice Forces Tanker From
Nikiski Dock
Anchorage Daily News — Anchorage, AK
“Some apologists might argue the system
                                               Land And Sea
                                               The Santa Barbara Independent — Santa
                                               Barbara, CA
                                               A rollaway dumpster was filled to the
                                                                                                                Waterkeepers are
                                                                                                                covered in the
                                                                                                                press – here are
                                                                                                                some Waterkeeper
                                                                                                                stories from
                                                                                                                January 2007

                                                                                            ity research and education,” she said.
                                                                                            “Instead of hiring attorneys, we will be
                                                                                            studying water pollution and teaching
                                                                                            Angelinos on what we must do to make
worked because the tanker didn’t end up        brim last week after members of Santa        our rivers and beaches safe.”
on the beach again,” said Cook Inletkeep-      Barbara Channelkeeper confronted San
er Bob Shavelson. “But any time you have       Pedro Creek in Goleta with trash bags in     Osprey Nest: If They Build
an oil tanker forcibly removed from its        hand.                                        It, Will They Come?
berth, it’s clear to most reasonable people                                                 Holmdel Independent — Holmdel, NJ
there’s a serious problem.”                    End Of Year Storm Provokes                   According to NY/NJ Baykeeper Andy
                                               Beach Health Advisories                      Willner, in the not so distant past ospreys
Regulatory Gap Stifles                          Malibu Times — Malibu, CA                    were often seen nesting in the borough.
Pollution Control                              One local teenage resident was not wor-      But today, he believes there are no
Voice of San Diego — San Diego, CA             ried about the possible hazards presented    ospreys nesting or mating in Keyport.
“Every action you do, it has a ripple ef-      by storm runoff into the ocean. “Oh,          “The osprey pair that was nesting [here]
fect. We tend to look at these things in       yeah. They always have that sign up.         moved right across the harbor to Aber-
boxes, and they’re not,” said San Diego        Nobody pays any attention to it.” He de-     deen,” Willner said.
Coastkeeper Bruce Reznik.                      clined to give his name, saying, “My mom
                                               is into the Baykeeper, so she wouldn’t       Transport Meeting Aimed At
Extending Marine Reserves                      want to see my name in the paper.”           Public Participation
Must Be Done Thoughtfully                                                                   Mobile Register — Mobile, AL
The Argus — Fremont, CA                        Brayton Point Files Last-                    “If you are interested in where roadways
California Coastkeeper Linda Sheehan           Minute Appeal                                will go, how they will be built and the
notes this proposal is “an essential part of   Fall River Herald News — Fall River, MA      plans involved in building them, you
the puzzle” for restoring the health and       “We have got to get this solved as soon      need to come and let the officials hear
size of fish.                                   as possible,” said Narragansett Baykeeper    your thoughts,” said Mobile Baykeeper
                                               John Torgan. “The corporation has cho-       Casi Callaway.
Problem Line Sees Surge                        sen a path of endless appeals, which is of
Of Sewage                                      great concern to us because these delays     New Discharge Permit
Wilmington Morning Star — Wilmington, NC       continue to damage the bay further.”         Hinges On Controversy
Cape Fear Coastkeeper Mike Giles said                                                       Toledo Blade — Toledo, OH
the surging flow numbers show how inef-         Sewage Spills Garner                         Western Lake Erie Waterkeeper Sandy
fective the actions by the state and local     $2.5 Million In Fines                        Bihn said she recognizes the intake is
governments have really been.                  The Log Newspaper — Irvine, CA               separate from the discharge permit. But
                                               Santa Monica Baykeeper Tracy Egoscue         she wonders if the warm water dis-
                                               said her organization is happy the issue     charged into the bay contributes to the
                                               didn’t reach the courts. “This agreement     proliferation of microcystis and other
                                               puts over 2 million into water qual-        forms of blue-green algae that have

58   Waterkeeper Magazine Spring 2007                                                                            
re-emerged almost annually in western          Despite the decline in some levels of            alumni, Dean Naujoks enforces legisla-
Lake Erie since 1996 after nearly a 25-        chemicals in the river, pollution is still       tion to keep Falls Lake clean enough for
year absence.                                  a major concern, according to Kansas             consumption.
                                               Riverkeeper Laura Calwell. Intentional
Klamath Riverkeeper Wants                      dumping is a problem up and down the             Unsolved Mystery:
Klamath Hatchery Cleaned Up                    river, she said.                                 Styrofoam In The Hudson — Portland, OR                                                                          Mid-Hudson News — Newburgh, NY
Klamath Riverkeeper Regina Chichizola          Citizens: Back Off The Marshes                   Riverkeeper has teamed up with Metro-
has sent a 60-day notice of intent to sue      Savannah Morning News — Savannah, GA             North Railroad and others in an effort to
under the Clean Water Act.                     “Lots of what we see here is not rules but       find out how the material got there.
                                               guidelines or suggestions,” said Linda
Down The Drain                                 Smith, who represented the Ogeechee-             Groups Say More Funds,
E/The Environmental Magazine — Norwalk, CT     Canoochee Riverkeeper. “They have too            Action Needed For AL
“The issue is non-point source runoff           many outs and loopholes. If I sit a child        Waterways
from our homes and streets,” said Long         in front of a plate of donuts and a plate of     Times Daily — Florence, AL
Island Soundkeeper Terry Backer. “It           spinach and suggest he eat, what do you          Black Warrior Riverkeeper Nelson
ends up in Long Island Sound, and it af-       think he’s gonna do?”                            Brooke said much more could be accom-
fects public health.”                                                                           plished with adequate funding.
                                               State OKs Disputed Transfer
County Finally OKs Comp                        From Catawba                                     Lawsuit Settlement Sends
Plan Update                                    Tryon Daily Bulletin — Tryon, NC                 Message To Developers To — Sandestin, FL               “It’s a black day on the Catawba,” said          Obey Law
The Apalachicola Riverkeeper’s Dan             Riverkeeper Donna Lisenby after hearing          Emediawire — Ferndale, WA
Tonsmeire urged commissioners not to           the decision. “The opportunity for a re-         How do you keep a river healthy? An-
wait until 2007 to make comprehensive          gional solution, collaboratively reached,        swer: you have to keep the streams that
plan changes regarding water access,           is over.”                                        feed it free flowing and clean. And that
wetlands protection and affordable                                                               is just what the Georgia Center for Law
housing, but to delay enacting this comp       Indian Point Nuclear Plant                       in the Public Interest – representing
plan update for four to five months until       In Fishy Controversy                             Ogeechee-Canoochee Riverkeeper and
those items could be incorporated in this      WCBS-TV — New York, NY                           Altamaha Riverkeeper – has done by
go-around.                                     “It’s far, far too early to be alarmist,” said   negotiating a settlement in their lawsuit
                                               Lisa Rainwater, Indian Point Campaign            filed against a Swainsboro developer in
Exxon Mobil’s Biggest Oil                      director for Riverkeeper. “But what we’re        United States District Court.
Spill? Look In Brooklyn, Not                   looking at now, if it’s in the fish, that
Alaska                                         means it’s also been contaminating the           Groups Claim Victory In
Bloomberg — New York, NY                       soil, the sediment, the plankton.”               Power Plant Fight
“There are people who live above this                                                           Poughkeepsie Journal — Poughkeepsie, NY
that still don’t know about it,’’ said Basil   Klamath Riverkeeper To Sue                       “This historic decision validates what
Seggos, chief investigator for River-          PacifiCorp                                        the environmental community has been
keeper.                               — Charlotte, NC                  saying for decades,” Hudson Riverkeeper
                                               Klamath Riverkeeper on Wednesday filed            Alex Matthiessen said in a statement.
Environmentalists’ Hopes Raised                a 60-day notice of its intent to sue Paci-       “The Clean Water Act requires use of the
Baltimore Sun — Baltimore, MD                  fiCorp, claiming the utility is polluting         best technology available. By ignoring
“Our elected officials have to listen to us,     Klamath River.                                   that requirement EPA has thwarted the
and I think that is reflected in this deci-                                                      will of Congress and repeatedly failed to
sion,” said West and Rhode Riverkeeper         ‘Salt Marsh Soldiers’ Clean                      protect fish and wildlife from needless
Bob Gallagher.                                 Up, Study And Promote                            devastation at the hands of power plants.”
Farms Might Face Lawsuits                      Florida Times-Union — Jacksonville, FL           Environmental Groups Hope
York Daily Record — York, PA                   The students have gained insight into            To Halt Cement Plant’s
Lower Susquehanna Riverkeeper Michael          wetlands ecology from experts such as            Switch From Coal
Helfrich said the ultimate goal is to pro-     Altamaha Riverkeeper James Holland.              CBC Ottawa — Ottawa, Ontario, Canada
tect the river from being contaminated                                                          They haven’t proved it won’t have
with manure runoff.                             Water, Water, Everywhere... But                  negative ramifications yet,” said Mattson,
                                               Is It Clean Enough To Drink?                     president of Lake Ontario Waterkeeper. W
Bottom-Feeding Fish Still                      NC State University Technician Online
Not Safe For Consumption                       — Raleigh, NC
Lawrence Journal World — Lawrence, KS          Upper Neuse Riverkeeper and State                                                                                         Spring 2007 Waterkeeper Magazine   59

                                                                                        farther I travel, the more confusing all of this
 CHAPTER SIX                                                                            gets. Maybe I should head back, get my father to

 A Great Team                                                                           help…I’m not sure anymore.”
                                                                                            Sirena reached out of the water and gripped
                                                                                        Kai’s hand tightly. “Kai, if you go back now you’ll
 By Rebecca Northan                                                                     only waste precious time! Think about it. The more
                                                                                        time you spend traveling back to your people – the
                                                                                        longer the Great River will remain fouled, and who
                                                                                        knows where my family, or the Waterkeeper might
                                                                                        be by then?”
                                                                                            “But I’m just a child!” Kai exploded. “Maybe
                                                                                        I was wrong in thinking that I was old enough to
                                                                                        take on such a task. I should have left this to a
                                                                                        grown-up to take care of.”
                                                                                            “Listen to me Kai,” Sirena soothed, “Your Noni
                                                                                        and the people of your village trusted you enough
                                                                                        to set out on your own – they believe in you, and so
                                                                                        do I. Besides, it’s not like you have to do this on
                                                                                        your own anymore – I’m coming with you.”
                                                                                            “How is that possible Sirena?” Kai challenged,
                                                                                        “You’re a mermaid, and I’m traveling by land.”
                                                                                            Sirena giggled as she let go of Kai’s hand and
                                                                                        pulled herself out of the water until she was rest-
                                                                                        ing on the ground a few feet from where Kai was

                                        ai took the silver hand-shackles out of         sitting. Kai looked on doubtfully as Sirena brushed
                                        Sirena’s hand and examined them. The            the water from the iridescent, green scales of
                                        craftsmanship was exceptional. They ap-         her tail. She continued to massage her tail, while
                                 peared to be in relatively new condition and next      humming a series of high-pitched notes. Kai was
                                 to the keyhole was engraved a coat of arms depict-     astonished to see that Sirena’s scales seemed
                                 ing a simple shield supported on either side by a      to be lifting, knitting themselves together, and
                                 lion and a sea serpent.                                smoothing out into what appeared to be a pale
                                    “I recognize this mark,” Kai exclaimed, running     green fabric, which Sirena gently coaxed into the
                                 his thumb over the engraving, “It’s the King’s         folds of a simple skirt. Beneath the skirt her tail
                                 emblem!”                                               magically separated into two pale muscular legs!
                                    Sirena’s brow furrowed. “That doesn’t make          Sirena carefully stood up and took a few ginger
                                 any sense Kai. King Cadassi is sworn to protect the    steps towards Kai, then stumbled a bit.
                                 lands and peoples of the realm, why would he be            “Whoa! Careful!” Kai blurted as he leapt for-
                                 involved with the disappearance of my family?”         ward and caught Sirena around the waist.
                                    Kai sat back at the edge of the cave’s freshwa-         Sirena leaned on Kai’s shoulder and gave him a
                                 ter pool where Sirena continued to bob gently,         shy smile. “I’m a little out of practice, but it won’t
                                 fixing him with an imploring stare. He ran a            be long before I can outrun you, I’ll bet,” she chal-
                                 hand through his hair as he tried to make sense        lenged. “All mermaids can leave the water, if they
                                 of everything that had happened in the last few        need to. I can’t think of a better reason to than
                                 days. The Great River had been poisoned, killing       what we’re facing now Kai. So – what’s the plan?”
                                 fish and vegetation all along its banks, leaving            “Well – here’s what I’m thinking,” Kai ventured,
                                 everyone who depended on Her desperate for             “I still don’t believe that King Cadassi, or any of
Author Rebecca Northan           drinking water and sustenance. Mysteriously, the       his men would have anything to do with kidnap-
is an actor and director.        Waterkeeper had yet to make an appearance and          ping your family. But – at the moment, these hand-
                                 set things right. And now, Kai was faced with yet      shackles are the only clue we have to follow.”
                                 another complexity – a mermaid whose family                Sirena nodded her agreement. “I was also
                                 seemed to have been kidnapped by someone from          thinking Kai, that the King may be just the person
                                 the King’s guard. Kai leaned down and took a long      to help us find the Waterkeeper. At the very least,
                                 drink of clean water and then splashed some into       he’ll be able to offer us some support and resourc-
                                 his face.                                              es. The Great River is everyone’s concern.”
                                    “Well, Kai?” Sirena prodded, “What are we go-           “To the King’s Court then!” Kai exclaimed.
                                 ing to do?”                                                “To the King’s Court!” Sirena echoed. “I think
                                    Kai felt lost. “I don’t know Sirena. I never ex-    we’re going to make a good team.” W
                                 pected any of this. When I left my village I thought
                                 finding the Waterkeeper would be easy – but the         Stay tuned for the next chapter in Summer 2007.
                                                                                        Ideas for the story? Contact

62   Waterkeeper Magazine Spring 2007                                                                                               
                                  Best Movies by Farr

                  In the Navy                                                       Part 2

                                                  ow comes my final installment of Navy             Run Silent, Run Deep (1958): In veteran direc-
                                                  films which float my boat, with all titles     tor Robert Wise’s tense, trim “Run,” an aging but
                                                  readily available on DVD.                    vigorous Clark Gable plays Commander Richard-
                                           In Which We Serve (1942): With Britain in the       son, a career Navy officer who wrangles one last
                  By John Farr          pit of the Second War, playwright Noel Coward was      submarine command a year after his last sub was
                                        desperate to develop a morale-boosting film, and        torpedoed in Japan’s perilous Bungo Straits. His
                                        this was the result. Based on the wartime exploits     second in command is Lt. Jim Bledsoe (Burt Lan-
                                        of his friend Lord Mountbatten, co-director/writer     caster) who’d been in line to helm the sub. Crew
                                        Coward plays Captain Edward Kinross, com-              unrest grows as Richardson drills the crew merci-
                                        mander of the destroyer HMS Torrin, sunk by the        lessly on maneuvers (“Dive! Dive!”), and it dawns
                                        Nazis. As Kinross and his small crew cling to a raft   on Bledsoe that Richardson intends to bend his
                                        in hope of rescue, we experience the lives of each     orders to pursue the infamous Japanese destroyer

                                        survivor via flashback; notably, Kinross himself        that slammed him before. “Run” remains not only
                                        and one Seaman Shorty Blake (Mills). With Cow-         a riveting war film, but one of mega-star Gable’s
                                        ard at the helm as writer, star and score composer,    last shining moments.
                                        David Lean handling most of the direction and              Damn The Defiant (1962): Lewis Gilbert’s
                                        future director Ronald Neame the cinematography,       overlooked British entry fires on all cylinders.
                                        the result is one of Britain’s very finest war films.    Set during the Napoleonic Wars at the end of
                  The cruel                Destination Tokyo (1943): Still smarting from       the 18th century, Captain Crawford (Alec Guin-
                  Padget                the Pearl Harbor attack and subsequent Japanese        ness) runs a tight ship, the H.M.S Defiant. What
                                        victories, seasoned submarine captain Cassidy          the fair-minded Crawford doesn’t count on is
                  undermines            (Cary Grant) helps the allies go on the offensive in   his new second-in-command, First Lieutenant
                  Crawford’s            the Pacific in the thick of the Second World War.       Scott-Padget (Dirk Bogarde) a young martinet-in-
                                        His daring mission: to plant his sub right smack       the-making with friends in high places. The cruel
                  more humane           in Tokyo Bay, get a landing party ashore, and bring    Padget undermines Crawford’s more humane
                  instincts,            back intelligence vital to the success of a major      instincts, turning the crew into a mutinous horde.
                                        upcoming air engagement. Notwithstanding some          Meanwhile, there’s a war on, and French ships to
                  turning the           explicit anti-Japanese sentiment, crew rough-hous-     sink. Director Gilbert shows a sure hand here and
                  crew into a           ing and sappy longings for home, “Destination”         the denouement is worth waiting for, with stun-
                  mutinous              stands as a first rate propaganda picture. Cassidy’s
                                        tender thoughts of his wife and son served then as
                                                                                               ning color footage recreating these beautiful ships
                                                                                               in full battle mode.
                  horde.                a potent reminder of what we were fighting for. And         The Hunt For Red October (1990): When a Rus-
                                        the movie only improves the closer we get to Japan,    sian nuclear sub goes off its intended course and
                                        and the outcome of the sub’s perilous assignment.      heads for the United States, CIA analyst Jack Ryan
                                           The Cruel Sea (1953): In the Royal Navy’s mer-      (Alec Baldwin) must decipher whether the crew’s
                                        chant fleet during World War II’s crucial Battle of     intention is to attack America or stage a mass
                                        the North Atlantic, the seasoned Captain Ericson       defection. With only Soviet captain Marko Ramius
                                        (Hawkins) takes command of a convoy escort             (Sean Connery) knowing the answer, tension
                                        vessel dubbed “Compass Rose.” His crew is less         mounts on both sides until the nail-biting finish.
                                        than ideal, with a largely incompetent first lieuten-   The first and best of the Tom Clancy film adapta-
                                        ant (Stanley Baker) holding a large chip on his        tions, “Hunt” is a sharp, nerve-jangling dooms-
                                        shoulder, bullying green cadets Lockhart and Fer-      day thriller. With the peerless Connery joined by
                                        raby (Donald Sinden and John Stratton). Ericson’s      Alec Baldwin, Scott Glenn, James Earl Jones, and
                                        charge is challenging and thankless: to transform      Sam Neill (particularly good here as Ramius’s
                                        his men into a solid fighting team, while avoiding      loyal second-in-command), and directed by John
                                        the German U-Boats on the look-out for their ship.     McTiernan, “Red October” delivers high-octane,
                                        With a literate, nuanced script by Eric Ambler, this   high testosterone adventure, packed with stars we
                                        war film is distinguished by the stunning work of       know and love. W
                                        Hawkins as Ericson, patiently but firmly coalesc-
                                        ing an inexperienced, fractionated group of young      For more ideas on great movies on DVD visit

                                        men into a proficient crew.

                                                                                                 Spring 2007 Waterkeeper Magazine        63
                           On Lispenard Street in Tribeca you’ll find one of New York’s best kept culinary secrets.
                           Japanese restaurant Tataki specializes in fish: raw or cooked, in soups or served whole

On The Table
       Giles Ashford
                           with head and tail, steamed or grilled, fried or sauteed. Kitchen chef Mei Lin and sushi
                           chef James work their magic to feed hungry diners. Every day owner-manager Joe-e
                           visits a dozen or so seafood markets in Chinatown, Little Italy and the Lower East Side
                           searching for the city’s freshest fish. Featured here are a pair of Axe Butterfish from
( ( ( ( ( ( Beating Around the Bush ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

     Two Acres Forward,
                                      Three Acres Back

     backs off open
         season on
        wetlands in
       Mississippi –
      Later declares
                                                         ast fall, the Army Corps of Engineers pro-                                       their revised proposal: allowing the destruction
       open season                                       posed a new permitting scheme for six                                            of up to three acres of wetlands for construction
       on wetlands.                                      coastal Mississippi counties that would al-
                                                   low developers to destroy up to five acres of non-
                                                                                                                                          or expansion of development projects. The Corps
                                                                                                                                          added some additional conditions to their pro-
                                                   tidal wetlands and waters per development project.                                     posal, for instance, carving out the already severely
                                                   They claimed the change was needed to address                                          flood prone Turkey Creek watershed as off limits,
                                                   the urgent redevelopment needs of coastal Missis-                                      and prohibiting destruction for recreational pur-
                                                   sippi in the wake of Hurricane Katrina. Their logic                                    poses or in the 100-year floodplain. However, the
                                                   was flawed. Allowing developers to destroy wet-                                         revised plan remains grossly illogical and down-
                                                   lands would increase flooding and put everyone at                                       right dangerous. Protection for wetlands in flood
                                                   increased risk. Thanks to an outcry from members                                       impacted areas should be strengthened, not weak-
                                                   of the threatened communities and nationwide ef-                                       ened. The Corps has shirked their responsibility to
                                                   fort by wetlands activists - including 7,500 written                                   protect the public again. Waterkeeper Alliance is
                                                   comments – the Bush administration abandoned                                           urging the Corps to withdraw their proposed plan
                                                   the proposal.                                                                          and put the people first. W
                                                      The Corps went back to the drawing board, but
                                                   didn’t learn a thing. This spring the Corps released

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