AmeriScan: July 6, 2001

PROTESTING FARMERS BREACH CANAL GATES

KLAMATH FALLS, Oregon, July 6, 2001 (ENS) - Farmers in Klamath Falls, Oregon, have illegally opened a gate on an irrigation canal three times in the past week, forcing the Bureau of Reclamation to ask for help from the Federal Bureau of Investigation (FBI).

In April, the Bureau of Reclamation ordered the canal closed in order to preserve water flows needed to protect endangered suckerfish and threatened salmon. The Klamath Basin is in the midst of an extended drought.

The loss of irrigation water from Upper Klamath Lake has left about 1,400 farmers without enough water to sustain their crops on about 200,000 acres of high desert land. Only the availability of irrigation water has sustained these farms over the past century.

On Wednesday, some 150 people blocked authorities while several people used chainsaws and cutting torches to remove the lock on the canal's headgate. The incident marked the third time since last Friday that the canal had been forced open by protesting farmers.

After the gates were opened for the second time last Monday, the Bureau of Reclamation had welded the gates shut, but protesters were able to cut through the welds.

It took the Bureau of Reclamation four hours to close the gates again on Wednesday, according to local reports.

The local sheriff's department refused to intervene, calling the demonstration "nonviolent" and noting that the farmers just wanted to protect their livelihood. The Klamath Irrigation District offices said it was not their responsibility to keep the canal closed, because a federal government order was responsible for shutting down the water.

The Bureau has since turned to the FBI and federal marshalls for help in keeping the canal gates closed.

Hundreds of farmers in the Klamath Basin have been forced to sell their livestock, let fields lie fallow or not even plant crops due to lack of water.

EXTRA WATER IN THE WALLA WALLA RIVER BENEFITS BULL TROUT

PORTLAND, Oregon, July 6, 2001 (ENS) - The U.S. Fish and Wildlife Service (USFWS) and three irrigation districts have signed an agreement that for the next two years will leave more water in the Walla Walla River to benefit threatened bull trout.

The agreement extends a one year settlement reached in June 2000 and sets the stage for long term habitat conservation planning in the Walla Walla River Basin.

"This is an excellent example of cooperation, and it proves that the needs of water users and fish do not have to be mutually exclusive, even in a low water year," said Anne Badgley, USFWS Pacific regional director. "By working together, we can help struggling fish populations, protect water rights and avoid expensive, time consuming lawsuits that delay aid to fish that desperately need it."

Portions of the Walla Walla River near Milton-Freewater run dry in the summer due to irrigation withdrawals. This causes bull trout to be stranded in pools.

The agreement requires that summer 2001 river flows will be at least 18 cubic feet per second (cfs), or about 8,080 gallons per minute, at irrigators' diversions in the Oregon reach of the river and 14 cfs (6,280 gallons per minute) at diversions in the Washington reach downstream. In 2002, river flows must be at least 25 cfs (11,220 gallons per minute) at irrigators' diversions in the Oregon reach and 18 cfs at diversions in the Washington reach.

To avoid stranding fish in isolated pools, the irrigation districts also agreed to make even more gradual changes in river levels than they agreed to last year. The districts provide monitoring to determine water level effects on bull trout and the long term needs of the fish.

The USFWS reached the agreement with the Walla Walla River Irrigation District and the Hudson Bay District Improvement Company, both in Oregon, and the Gardena Farms Irrigation District #13 in Washington. The Confederated Tribes of the Umatilla Indian Reservation and a consortium of environmental groups provided suggestions.

The USFWS, the irrigation districts, the tribes, environmentalists and others in the watershed are working together to develop a long term habitat conservation plan that will protect bull trout and other aquatic species in the Walla Walla River Basin while still allowing irrigators to draw water.

"We continue to work on improving the efficiency of our delivery system to meet the bypassed flows and still continue to deliver water to the farms," said Ron Brown, irrigator and board member of the Walla Walla River Irrigation District.

NEW MEXICO WILL SET ASIDE WATER FOR SILVERY MINNOW

ALBUQUERQUE, New Mexico, July 6, 2001 (ENS) - A landmark agreement with the State of New Mexico and the U.S. Army Corps of Engineers will provide water flows for the endangered Rio Grande silvery minnow.

"This has truly been a collaborative effort," Interior Secretary Gale Norton said in a letter to Senators Pete Domenici and Jeff Bingaman of New Mexico, noting that "it could not have occurred without your strong support and encouragement."

Norton called the agreement a "welcome departure" from the controversy that has surrounded the silvery minnow since it was first listed as an endangered species in 1994.

"I am hopeful that our collective success in building consensus on both a Conservation Water Agreement and the terms of a biological opinion will lay the groundwork for continued negotiations and collaborative solutions for the silvery minnow, the state of New Mexico, and the water users of the Middle Rio Grande, including the Pueblos. ... I truly believe that what we have achieved here can be a model for similar endangered species conflicts across the country," Norton wrote.

The agreement will provide water over the next three years for the benefit of the endangered fish. The water - 30,000 acre feet per year - will consist of Rio Grande water that otherwise would have flowed downstream for storage at Elephant Butte Reservoir and contributed to New Mexico's compact deliveries to Texas.

Instead, the conservation water will be stored upstream at U.S. Army Corps of Engineers reservoirs and released in coordination with the U.S. Fish and Wildlife Service.

"The Conservation Water Agreement that we have negotiated will allow the parties to work together to time the release of water in the Middle Rio Grande under the direction of the Fish and Wildlife Service," Norton wrote. "The release of this water will be achieved under state law. The result...is that the silvery minnow will benefit, and water users will get the certainty that their existing water uses will not result in a prohibited take of the fish under the Endangered Species Act."

The federal government is not buying the water, but is paying New Mexico $41 per acre foot to alter the timing of the releases for conservation purposes.

$7.8 MILLION AGREEMENT PROTECTS FISH FROM NUCLEAR PLANT

WILMINGTON, Delaware, July 6, 2001 (ENS) - The Public Service Electric and Gas Company (PSEG) has agreed to pay $7.8 million to protect fisheries and aquatic habitat in the Delaware Bay from damage related to the utility's three nuclear power plants in New Jersey.

The settlement with the Delaware Department of Natural Resources and Environmental Control (DNREC) requires PSEG to provide funding to continue and expand fishery protection and habitat restoration programs initially established in a 1995 settlement agreement related to PSEG's 1994 New Jersey water discharge permit renewal.

The Salem Nuclear Power Plant in New Jersey (Photo courtesy Nuclear Regulatory Commission)

An additional $2.3 million will fund monitoring and maintenance of existing fish ladders and construction of two additional ladders in Delaware, as well as phragmites control at the Cedar Swamp Marsh and The Rocks Marsh in southern New Castle County.

"This agreement extends the commitment PSEG made to Delaware in 1995 to fund programs that address fish and habitat losses and represents a renewed pledge to study the best available sound, light and air technologies that may result in innovative engineering modifications to the Salem plant's intake and a resultant reduction in fish mortality rates," said DNREC secretary Nicholas DiPasquale. "Protection of our fisheries and their habitat has been the fundamental and driving focus of this agreement."

The settlement was negotiated after DNREC raised environmental issues over PSEG's March 4, 1999 renewal application for a New Jersey Pollutant Discharge Elimination System permit to use water from the Delaware River to operate the cooling system at the Salem plant.

SNOWMOBILES COULD BE HEADED BACK INTO YELLOWSTONE

WASHINGTON, DC, July 6, 2001 (ENS) - The Department of Interior has laid the groundwork for overturning a ban on snowmobile use in Yellowstone and Grand Teton National Parks.

In 1997, the Fund for Animals, Biodiversity Legal Foundation, Ecology Center and several individuals sued the Interior Department and the National Park Service (NPS) to force the agencies to prepare an Environmental Impact Statement (EIS) on winter use of the parks. The EIS led to a Clinton administration decision to phase out snowmobiles in the parks.

Snowmobile manufacturers and local communities who benefit economically from snowmobile traffic, together with the state of Wyoming, then sued the Interior Department to get the snowmobile ban overturned.

Last week, the Interior Department announced that a settlement agreement in that lawsuit will require a new supplemental EIS to be performed, which could lead to the discarding of the snowmobile ban.

"This settlement guarantees that local communities, business owners and others who have told us their voices weren't sufficiently heard during the rushed snowmobile ban rulemaking process will have an opportunity for comment" said Mark Pfeifle, the Interior Department's press secretary. "This Administration feels strongly that greater local input, new information, scientific data and economic analysis and wider public involvement can only lead to better, more informed decisions."

The National Park Service will prepare a Supplemental Environmental Impact Statement (SEIS), inviting input from the states of Wyoming, Montana and Idaho, affected counties, the U.S. Forest Service and the U.S. Environmental Protection Agency.

At the present time, snowmobiling is only permitted on groomed trails on the surface of existing roads, and only on a limited number of roads in Yellowstone and Grand Teton National Parks and the Rockefeller Memorial Parkway.

The Fund for Animals questions the motives of the Bush Administration in entering into the settlement agreement, arguing that it is "designed solely to provide an opportunity for the Bush Administration to rescind the snowmobile phase out rule and implement a policy to allow snowmobiles to continue to use and abuse the parks to the detriment of park wildlife, air quality, natural quiet and the majority of park visitors."

"Given the terms of this settlement, it is clear that the Bush Administration is more interested in protecting the interests of the snowmobile industry and those who enjoy trashing America's most treasured parks from the seat of a snowmobile than in protecting park wildlife, air quality, and natural quiet," said D.J. Schubert, a wildlife biologist representing The Fund. "If Americans are not yet convinced of President Bush's contempt for the environment and its preservation, this agreement should make the case."

HOUSE WOULD SPEND $150 MILLION TO REBUILD ERODING BEACHES

WASHINGTON, DC, July 6, 2001 (ENS) - The House of Representatives has proposed to earmark about $150 million for beach restoration projects, despite evidence that the projects are rarely successful.

The U.S. Army Corps of Engineers has admitted that the massive projects it undertakes to repair eroded beaches are futile. Sand transplanted to vanishing beaches is swallowed by the tides and must be replaced, at ever increasing cost.

The projects are often justified as flood and storm protection for inland areas, though the immediate beneficiaries of replenished beaches are beachgoing tourists and the businesses where they spend their vacation dollars.

Former President Bill Clinton and current President George W. Bush have both sought to curtail or eliminate spending on beach repair programs. Projects already approved are estimated to cost the federal government $6 billion or more by 2050.

But the House, a longtime supporter of Army Corps construction projects that benefit their home constituencies, voted last week to allocate about $150 million for the projects over the next fiscal year. That figure is almost double the Corps budget for beach repairs proposed by President Bush.

In passing the Energy and Water Development Appropriations bill (HR 23110, the House also voted to retain a requirement that the federal government pay for two thirds of approved beach replenishment projects, with state and local governments providing the remaining funds.

Supporters of the projects say they are needed to preserve the beaches as buffer zones, which can prevent major property damage during floods and heavy storms. In June 2000, the Federal Emergency Management Agency released a study finding that about 25 percent of homes and other structures within 500 feet of the U.S. coastline will fall victim to the effects of erosion within the next 60 years.

SOUTHERN BEACHES CALLED CRITICAL HABITAT FOR PIPING PLOVERS

WASHINGTON, DC, July 6, 2001 (ENS) - The U.S. Fish and Wildlife Service (USFWS) has designated 165,211 acres along 1,798 miles of coastline in eight southern states as critical habitat for the wintering population of threatened piping plovers.

The designation includes shoreline habitat in North and South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas.

"As a listed species, the plover already is protected under the Act wherever it occurs," said Nancy Kaufman, USFWS Southwest regional director. "Since wintering birds are less vulnerable to disturbance than nesting birds, we do not expect this designation to have much effect on beach use along the southeastern Atlantic or Gulf coasts beyond those measures already required to protect the species."

The USFWS proposed in June 2000 to designate 2.1 million acres along 1,672 miles of coastline as critical habitat for wintering plovers. The final rule reduces the acreage amount by removing a proposed 1,640 foot buffer extending into the water.

As a result of removing the buffer, the actual mileage of protected coastline increased, because inlets and headlands of the coastline are better delineated. The designation now includes no areas covered by water, but land down to the low tide mark will be considered critical habitat.

The decision took into consideration more than 6,000 comments received during a comment period that included 13 public meetings and nine public hearings held throughout the eight states.

"The comments we received from the public were a key component ensuring a final decision that reflects the best scientific and economic data available," Kaufman said.

In recent decades, piping plover populations have plummeted, particularly in the Great Lakes region, as development and recreational uses of nesting areas have reduced available habitat.

"In the nesting areas, assuring conservation in areas with development and recreational use of vital shoreline nesting habitat has been a primary focus of our recovery efforts for the plover," said Kaufman. "In the wintering areas, we are working to ensure there is good forage and roosting habitat so enough birds survive to migrate back to their nesting sites."

The critical habitat designation was prompted by a 1996 lawsuit filed by Defenders of Wildlife.

RESOURCE CENTER HELPS STRICKEN NUCLEAR WORKERS

PADUCAH, Kentucky, July 6, 2001 (ENS) - The Departments of Energy and Labor have opened the first Resource Center to provide compensation to individuals who developed illnesses as a result of their employment in nuclear weapons production.

Labor Secretary Elaine Chao visited Paducah, Kentucky, to open the Resource Center at a dedication ceremony on Tuesday.

"I join Secretary Chao in supporting the workers who played a very important role in this country's defense mission," said Energy Secretary Spencer Abraham. "The Resource Centers are a visible sign of our commitment to put words into action, and help our workers get the medical benefits they need."

Under the Energy Employees Occupational Illness Compensation Act passed last year, the Labor Department has responsibility to administer compensation and medical benefits to current and former contractor employees with specific types of illnesses caused by their work. The Energy Department, which jointly funds the Resource Center, will help workers file state workers' compensation claims at or near Energy Department sites.

The Paducah Resource Center is the first of 10 such centers opening around the country. Other Resource Centers will be opening in Las Vegas, Nevada; Richland, Washington; Rocky Flats, Colorado; Espanola, New Mexico; Idaho Falls, Idaho; North Augusta, South Carolina; Oak Ridge, Tennessee; Anchorage, Alaska; and Portsmouth, Ohio.

Personal assistance to help file workers' claim forms can also be received at the following Labor Department District Offices: Seattle, Washington; Denver, Colorado; Cleveland, Ohio; and Jacksonville, Florida.

FISH COUNTERS HEAD FOR STELLWAGEN BANK

CAPE COD, Massachusetts, July 6, 2001 (ENS) - A team of divers will explore Stellwagen Bank as part of a national effort to provide information on the health and habitat of local fish populations.

Officials at the Gerry E. Studds Stellwagen Bank National Marine Sanctuary, working with the local diving community, are helping to sponsor this first ever Great American Fish Count in the Gulf of Maine region.

"The data collected by our volunteer dive team will begin to allow us to measure specific fish populations from year to year," said Craig MacDonald, superintendent for the Gerry E. Studds Stellwagen Bank National Marine Sanctuary. "The exciting aspect of these dives is seeing what new and unusual species call Stellwagen their home."

The Great American Fish Count (GAFC), which began in 1992 and is managed by the Reef Environmental Education Foundation (REEF), is one way for scientists to better study and understand the marine world. The national scope of the fish count has led to its incorporation into REEF's partnership with the National Marine Sanctuary System.

"We realize that we have limited resources to conduct all the monitoring needed in the sanctuary system, and we rely on these volunteers to fill in some of the gaps," said Dr. Steve Gittings, science coordinator for the National Marine Sanctuary System. "We encourage people to get involved in volunteer monitoring activities such as the Great American Fish Count."

The GAFC's mission is to educate the public and raise awareness about fish populations and the marine environment; generate information regarding trends in fish populations; and encourage the participation and involvement of divers and snorkelers in ongoing fish monitoring.

Each year during July, a growing number of volunteer divers and snorkelers are participating in the fish count. Participants receive training in local fish identification and behavior and also receive instruction in a survey method developed by fish ecologists.

By recording their observations in a standardized method, divers and snorkelers assist resource managers in identifying long term trends in fish populations and distributions.

More information on the Stellwagen Bank Sanctuary is available at: http://www.sanctuaries.nos.noaa.gov/oms/omsstellwagen/omsstellwagen.html

More information on REEF and the Great American Fish Count is available at: http://www.fishcount.org/events/events.html

PRESSURE TREATED WOOD TO CARRY ARSENIC WARNINGS

WASHINGTON, DC, July 6, 2001 (ENS) - Consumers can now expect to find improved safety handling information when using wood pressure treated with chromated copper arsenicals (CCA), a wood preservative that contains arsenic.

The U.S. Environmental Protection Agency (EPA) has completed its review of a plan developed by the American Wood Preservers Institute (AWPI) to strengthen information available to consumers for CCA treated wood, which is used for many outdoor applications including decks, fences, posts, picnic tables, docks and playground equipment. The expanded consumer information program began this week, and by fall will include labeling on all pieces of CCA treated lumber, in store displays and additional information available to the public.

"Now consumers will understand that this treated wood contains arsenic," said Stephen Johnson, EPA assistant administrator for the Office of Prevention, Pesticides and Toxic Substances. "I am pleased that the public discussions about CCA treated wood resulted in a commitment by the industry to include end tag labeling, in store bin stickers and signs, and a new toll free hotline and web site."

CCA, a chemical containing arsenic, is used to treat wood to protect it against decay and insect damage. The EPA learned that the previous consumer awareness program was not adequately informing the public about the risks of CCA treated wood, and in May, the agency asked the wood preservative industry and the public to propose ways to enhance the existing consumer awareness program.

The EPA will hold a public meeting of the Scientific Advisory Panel in October to invite scientific peer review on the agency's hazard assessment and methodologies for calculating children's potential exposure in playgrounds where equipment is made from CCA treated wood. The children's assessment is one aspect of the agency's comprehensive reassessment of CCA, which will be released for public review in 2002.