Filling the Gap Left by Harmful Clean Water Rollback
Colorado will attempt to safeguard its 10,000 miles of streams left unprotected by the Clean Water Act
Over the last two decades, federal water policy has swung like a pendulum as courts and the White House try to interpret, expand, or shrink protections for streams, wetlands, and rivers. Hunters and anglers know that clean water is the foundation of our outdoor activities. Unfortunately, we are continuously defending bedrock conservation laws to preserve habitat for fish and wildlife.
Take, for example, the Navigable Waters Protection (NWP) Rule, which was issued by the EPA and Army Corps of Engineers last year. It removes Clean Water Act protections from more than 18 percent of the nation’s streams and as much as 50 percent of remaining wetlands. This has serious consequences for fish and wildlife but, despite vocal opposition, the rule went into effect everywhere but Colorado—until now.
(If you want to read more on why Colorado was an outlier, here is anin-depth legal blog that explains it.)
Last month, the U.S. Court of Appeals issued an order allowing the implementation of the Navigable Waters Protection Rule to proceed in Colorado. This is troubling in many ways as you’ll see in the maps below.
Based on a recent peer-reviewed model, Trout Unlimited estimates that 25 percent of the state’s stream miles would be stripped of protections against the dumping of dredged and fill materials. This includes 10,510 miles of precipitation-dependent streams, which supply public drinking water to Colorado residents. These waters also support world-class hunting, fishing, hiking, and camping opportunities.
The Nature Conservancy did a similar analysis of wetlands and found that 22 percent would be unprotected as a result of the Rule going into effect.
E&E News reports that more than 70 percent of U.S. waterways reviewed under the NWP Rule could be permanently damaged, according to Army Corps of Engineers data.
Stripped of federal protections under the new rule, these streams and wetlands in the Centennial State are at risk of being polluted and damaged by the construction of roads, bridges, shopping malls, housing developments, dams, and water diversions. That’s why the state water quality protection agency has begun an effort to find a solution.
A new state permit program would allow the Colorado Water Quality Control Division to oversee activities that discharge materials into streams and wetlands, while putting safeguards in place to ensure these activities don’t jeopardize Colorado’s clean water. This program would rely mostly on the “general” permits that most construction projects routinely obtain. Only a small number of projects would need a more rigorous individual permit. The program’s purpose would be to keep the level of protection that has existed for the preceding 40+ years. By addressing the regulatory gap that the NWP Rule creates, Colorado also can protect its waters against shifting policies in Washington, D.C.
The TRCP is actively participating in a stakeholder process in support of Colorado’s efforts. We also will support the Biden Administration’s efforts to rewrite the NWP Rule and return to a system where seasonal streams and wetlands get the Clean Water Act protections they deserve. Until this happens, hunters and anglers will be there defending our most valuable resource to ensure future generations have access to quality habitat and better days on the water.
[If you want to see a timeline of how clean water policy was developed, click HERE.]
Long before the election, as part of a comprehensive process of preparing decisionmakers in both the Trump and Biden camps, the TRCP team identified the top-tier issues that could be addressed in the first 100 days in office. Here’s our list of the ten most imminent habitat needs and impactful conservation measures that the Biden Administration should influence before April 30, 2021.
Put Americans Back to Work Through Conservation
Conservation funding spans a wide range of federal departments and agencies and touches upon nearly every aspect of our daily lives. Yet, conservation’s portion of the pie has been cut in half in the past 40 years—from 2 percent of the total federal budget in the 1970s to less than one percent today. This decline in federal funding has had significant impacts on our nation’s public lands and on federal agencies’ ability to protect and improve habitat.
The recent enactment of the Great American Outdoors Act will provide an important infusion of federal funding to address deferred maintenance backlogs, as well as land acquisition and public access priorities. This dedicated funding comes at a critical time, as visitation to our nation’s public lands, particularly during COVID, continues to increase at a dramatic scale. But more can be done.
The Administration must support Congressional efforts to increase conservation funding in the Farm Bill, improve the resilience of transportation infrastructure, invest in pre-disaster mitigation and sustainable water systems, and strengthen coastlines and habitat. These investments can help our nation recover from the economic impacts of the pandemic, while also spurring conservation.
Building on that, the president’s fiscal year 2022 budget is slated for delivery to Congress in early February, and it should provide strong investments in conservation. Beyond the first 100 days, a new budget deal will need to be negotiated with Congress—which holds the power of the pursestrings, no matter what the president’s budget request may include—to secure these investments and create conservation jobs.
Use Habitat Improvements to Address Climate Change
Hunters and anglers are on the front lines of climate change, observing changes in fish and wildlife migration patterns, altered breeding seasons, shifts in home ranges, loss of habitat from sea-level rise, and even loss of trail and road access due to extreme weather events such as flooding and storm surges.
We need to focus on harnessing the power of natural systems—in other words, habitat—to remove and sequester carbon from the atmosphere and protect communities faced with severe storms and other impacts of a changing climate. This would not only advance our country’s climate resilience but also improve air quality, soil health, and water quality. In the balance, sportsmen and women would gain stronger, more adaptable fish and wildlife populations and support for our vibrant outdoor recreation economy.
Invest in a Coordinated Response to Chronic Wasting Disease
This administration should take definitive steps to stem the spread of chronic wasting disease, which threatens the very future of deer and deer hunting, by investing both in state surveillance and testing efforts and in federal research on the disease.
Further, to ensure that the captive cervid industry is holding up its end of the bargain, we’d also like to see a third-party scientific review of the Herd Certification Program—a voluntary program at the USDA’s Animal and Plant Health Inspection Service for keeping captive deer herds at “low-risk” of contracting and spreading CWD. Until this review is complete, and its recommendations are implemented, the administration should place a moratorium on the interstate movement of live deer.
Max Out Conservation Reserve Program Acres
With just 21.9 million acres enrolled in the Conservation Reserve Program—the lowest enrollment since 1987—the incoming administration must restore the health of this popular Farm Bill program and its benefits to wildlife and landowners. Under the Trump Administration, the Farm Service Agency changed how CRP rental rates are calculated, reduced incentives, eliminated management cost-shares, and failed to roll out forest conservation practices. This has led landowners to look elsewhere when evaluating how best to manage their lands, leaving millions of potential CRP acres on the table.
In the 2018 Farm Bill, Congress raised the total CRP acreage cap from 24 million to 27 million acres, in part to accommodate growing landowner interest. In the first 100 days of Biden’s term, the administration needs to hold an emergency General Signup for the Conservation Reserve Program that offers incentive and cost-share payments at historic levels and restores soil productivity as an adjusting factor in rental rate determinations. The U.S. Department of Agriculture should also develop a public timeline for CRP signups to provide certainty as landowners make decisions regarding use of their lands.
Restore Roadless Area Protections in the Tongass National Forest
The Tongass National Forest is America’s largest national forest, encompassing nearly 90 percent of the southeastern panhandle of Alaska. By lifting roadless area safeguards in the Tongass, the Forest Service under the Trump Administration has threatened 9.2 million acres of undeveloped forest, potentially undermining the region’s world-class fisheries and vital habitat for Sitka blacktail deer, bears, moose, and Roosevelt elk.
In the first 100 days, the Biden Administration should halt any pending projects that could undermine the habitat value of roadless areas and take immediate steps to restore roadless area safeguards for the Tongass.
These fish and wildlife resources not only serve as an important food source for thousands of local families—including many from indigenous communities—they provide outstanding opportunities for recreational hunting and fishing that fuels Southeast Alaska’s vibrant tourism industry. Today, the region’s recreation and fishing industries account for more than 25 percent of all local employment. Given the opportunity to influence forest management practices and budgets, the administration should also prioritize sustainable forest uses—including restoration and recreation projects—that have the greatest potential to support the region’s long-term economic growth.
Ensure That Savings from the “Fire Fix” Go Toward Forest Health
In 2018, Congress passed a spending bill that finally helped us shift away from a dysfunctional model of funding wildfire suppression and recovery, in which the U.S. Forest Service was forced to dip into conservation accounts during catastrophic fire seasons after running out of appropriated funds. This practice was crippling the ability of agencies to manage forests effectively and actually reduce the risk of future megafires.
But, to date, the Trump Administration and Congress have not used the fire funding fix as intended. While federal agencies can now access emergency funding when they run out of fire suppression dollars, the fix was also designed to provide substantial new resources—more than $400 million for the Forest Service in 2020—that agencies could use for forest restoration and other activities. This funding was not made available in the 2020 budget.
In the first 100 days, the Biden Administration should ensure that these vital funds are invested in the health of our forests.
Rebuild the Bedrock Conservation Law That Protects Our Streams and Wetlands
The Clean Water Act has been one of the country’s most successful conservation tools since its passage in 1972. Sadly, in the last 20 years, uncertainty about the scope of the Clean Water Act—drawn from confusing Supreme Court decisions and several Trump Administration rules weakening the Act—has accelerated wetlands loss and threatened our most vulnerable trout streams.
The Biden Administration needs to move quickly to reverse this damage, while allowing for robust public comment. They should conduct public listening sessions and work to reach agreement on a durable definition of which waters and wetlands are protected under the Clean Water Act. Sportsmen and women can then engage—and show up in force, as we have in the past—to support the conservation of our headwater streams and wetlands.
Commit to Modernizing Fisheries Management
The TRCP and its sportfishing partners have been working for the last eight years to advance fisheries policy and law that recognizes the conservation, cultural, and economic importance of saltwater angling. The recently passed bipartisan Modern Fish Act finally recognizes the fundamental difference between commercial and recreational fishing and prescribes changes in fisheries management to improve data collection and conservation strategies.
The Biden Administration should renew this commitment in its management of the federal agencies that oversee fisheries management. It is vital that the incoming administration recognize the need for NOAA Fisheries to move away from its history of focusing solely on commercial fishing and continue to develop relationships and policies that recognize the management needs and economic importance of recreational fishing. It is also vital that NOAA Fisheries examine how it applies policies and laws related to coastal habitat restoration as states seek to restore wetlands, barrier islands, and reefs that have been damaged by development, subsidence, and sea-level rise.
Restore Strong Conservation Plans for Greater Sage Grouse
These plans were revised and ultimately weakened under the Trump Administration, which stripped out safeguards for certain sagebrush habitats and created more potential for development and mineral extraction within sage grouse habitat. A court injunction prevents these 2019 plans from being used, but in the meantime habitat continues to be lost and long-term grouse population trends remain in decline.
TRCP strongly recommends that the Biden Administration renew and expand efforts on all fronts on sage grouse conservation and management, including by restoring the strength of conservation plans that convinced the U.S. Fish and Wildlife Service not to list the bird.
Reverse Mining Decision in Minnesota’s Boundary Waters
Minnesota’s one-million-acre Boundary Water Canoe Area is the most visited Wilderness Area in the country, a playground of fish, wildlife, and water adventure that supports a thriving recreation economy. In 2012, a mining company bought old leases and asked the Forest Service to renew them so they could open a massive copper mine five miles upstream of the Wilderness. The Forest Service completed an environmental analysis and in 2016 denied the lease renewal, because it was just too risky. The Forest Service also temporarily withdrew the land for mining and began a study of mining effects on the landscape.
But in 2018, the Trump Administration reinstated the leases, rushed through a cursory review to justify undoing the mineral withdrawal, and refused to publicize any part of the abandoned study. The Biden Administration should act quickly to develop and implement a strategy for reversing these decisions and protect the Boundary Waters permanently.
Between all the mask-wearing, social distancing, and vote counting that Americans did this year, these events made a major impact on our fish, wildlife, and outdoor recreation opportunities
It’s certain that 2020 will be a memorable year for many reasons—the good and the bad. So, in that spirit, here are the conservation highs and lows that we’ll remember when we think back on 2020. Read on for 15 headline-making events, the role that sportsmen and women played in clinching victories or defending against bad ideas, and the consequences for the fish and wildlife habitat that we all rely on.
The One Most Likely to Make the Nightly News
After years of vocal opposition from anglers and outfitters, the U.S. Army Corps of Engineers recently denied developers a permit for Pebble Mine—thus defending the salmon habitat and unmatched outdoor recreation opportunities of Bristol Bay, Alaska. The Corps said in a statement that the proposed mine project “is contrary to the public interest” and “does not comply with Clean Water Act guidelines.”
Though it didn’t get as much of the limelight, the America’s Conservation Enhancement Act deserves to be right up there with this victory. The ACE Act does for habitat what the Great American Outdoors Act does for access and outdoor recreation opportunity—by securing and reinvigorating conservation programs and funding sources that benefit deer, waterfowl, fish, and all species in the Great Lakes and Chesapeake Bay watersheds.
The Public Lands That Are Locked Away from the Public
In three groundbreaking reports this year, the TRCP unveiled data on half a million acres of inaccessible public lands across nine states. This was in addition to the 15.8 million acres of landlocked public land in the West that we previously identified through our ongoing partnership with the digital mapping experts at onX. Learn more about the landlocked public lands issue here.
The Ten-Year Milestone for Coastal Habitat
The spring and summer of 2020 marked a decade since the explosion of the Deepwater Horizon oil rig and subsequent oil spill—the worst environmental disaster in American history. But, today, oil spill penalties have been invested in projects that not only address the direct damage from the tragedy but are reversing the long-term decline of the Gulf region’s coastal ecosystems and water quality. In June, we released a comprehensive report on where things stand ten years after the spill.
Then the Water Resources Development Act—a two-year bill that authorizes water conservation and enhancement projects—passed the House with provisions to help address dangerous algal blooms, combat invasive species, fund Everglades restoration, and smooth the way for more natural infrastructure projects across the country. Complementary language could pass in a Senate spending package any day now.
And constructive, collaborative public land planning efforts continued for millions of acres of Bureau of Land Management public lands in Alaska and Montana.
The Developing Story
The data is still coming in on 2020 hunting and fishing license purchases, but it’s safe to say that stay-at-home orders, work-from-home flexibility, and social distancing drove more Americans to recreate in and appreciate the outdoors this year. This has positive ramifications for not only conservation funding but also for advocacy—the more connected people feel to our natural resources, the more likely they are to stand up and fight for them.
We hope that when they do, they’ll find that the TRCP is a resource and conduit to some of the best policy solutions. If you appreciate the work we’ve done for conservation, habitat, and access in 2020, consider donating to support our efforts in 2021 and beyond. There’s no better time to give than right now: Through the end of the year, our friends at SITKA Gear will match your gift, making double the impact for conservation.
Thank you for your support, happy holidays, and we hope you have excellent hunting and fishing in the new year!
Hunters and Anglers Celebrate After Army Corps Denies Permit for Pebble Mine
The Army Corps of Engineers today officially denied a permit for the proposed Pebble Mine near Bristol Bay, Alaska, handing sportsmen and women a big win in the region.
The Army Corps said in a statement the mine’s plan “does not comply with Clean Water Act guidelines” and said the “project is contrary to the public interest.”
“We thank the Corps for doing the right thing: blocking a mine that would cause irreversible damage to the Bristol Bay watershed and one of the world’s greatest salmon fisheries,” said Whit Fosburgh, president and CEO of the Theodore Roosevelt Conservation Partnership. “Now we need to look for permanent solutions that protect this area and the outdoor recreation economy in perpetuity.”
TRCP and the American Sportfishing Association launched a TV ad on Fox News in August urging the president to oppose the Pebble Mine and protect the thousands of jobs that rely on this world-renowned salmon fishery. This follows up on more than two decades of work trying to stop the mine by a diverse coalition of conservationists, anglers, hunters, local businesses, and Alaska-Native tribes.
It may have been the summer of COVID, but a lot went down in the world of conservation, too—get caught up
If we were to put together a conservationist’s time capsule for the summer of 2020, it would be absolutely jam-packed with everything from state-level wins and place-based battles to habitat-wide threats and milestone achievements that will benefit future generations of hunters and anglers.
Here is what we’ll remember long after the sun has set on summer 2020.
The Great American Outdoors Act Supercharges LWCF
After a decades-long fight to secure permanent authorization and full funding for our most powerful public land conservation tool, the Land and Water Conservation Fund became a household name. And perhaps the Great American Outdoors Act will be too—this legislation finally maxes out the program at $900 million annually to create outdoor recreation opportunities, unlock public land access, and conserve key habitats. It also invests $1.9 billion annually for the next five years to address the maintenance backlog on National Park Service, U.S. Forest Service, U.S. Fish & Wildlife Service, and Bureau of Land Management lands.
Sportsmen and women—not to mention some high-ranking Trump advisors—called directly on the president to intervene and stop Pebble Mine, which would destroy an estimated 185 miles of streams and 4,000 acres of wetlands in Bristol Bay, the most prolific sockeye salmon fishery on the planet. The Corps decision is good news, but there is still work to do to shut down the mining proposal for good.
300K Acres of Public Lands in the Midwest Are Inaccessible
The Hunting and Fishing Community Rallies Around #ResponsibleRecreation
After the first major spike in COVID-19 cases, as public lands and some hunting and fishing seasons began reopening, the TRCP joined respected conservation leaders at the National Wild Turkey Federation, Congressional Sportsmen’s Foundation, Ducks Unlimited, Trout Unlimited, Pheasants Forever, and Association of Fish and Wildlife Agencies to launch the #ResponsibleRecreation pledge.
It remains important for Americans to take advantage of our country’s numerous opportunities to recreate on public lands and waters, while maintaining proper social distancing and adhering to other best practices in line with recommendations from the Center for Disease Control and Prevention. You can take the pledge here.
Three Threats to Bedrock Conservation Laws
In July, we flagged the EPA’s quiet change to a rule that gave states the right to look out for water quality on federal land within their borders at the permitting phase of new development projects. The agency’s new rule addressed an obscure but important function of the Clean Water Act, which was also rolled back when it comes to protections for headwater streams and wetlands.
Combined with a third threat to bedrock conservation law—proposed changes to the National Environmental Policy Act that would significantly inhibit the ability of federal agencies to measure the impacts of development on habitat—it’s clear that the administration’s newest policies would benefit developers while sportsmen and women lose out.
Menhaden Managers Will Consider the Bigger Picture
In a move supported by anglers, the Atlantic States Marine Fisheries Commission voted unanimously in August to improve its management strategy for Atlantic menhaden, the tiny baitfish that supports some of our most popular sportfish, by considering the species’ role in the broader ecosystem. The Commission worked for more than a decade to develop ecological reference points—indicators like the health of predator populations, including striped bass and bluefish, as well as the amount of alternative prey for these sportfish. Ultimately, these reference points can be used to set quotas that will help ensure enough menhaden are left in the water as forage.
Outdoor Recreation Businesses Call on Congress to Pass MAPLand Act
A cross-section of the $887-billion outdoor recreation economy—from gear manufacturers and media companies to guides, outfitters, and retailers—sent a letter in July urging lawmakers to pass the Modernizing Access to Our Public Land, or MAPLand, Act. Business owners emphasized that their livelihoods depend on sportsmen and women having access to outdoor recreation opportunities on public lands, and the MAPLand Act would push federal agencies to digitize their paper maps and easement records so more people can find places to recreate.
One-Third of Congressional Funding for CWD Is Going to Captive Deer Industry
For years, sportsmen and women have called on lawmakers to take meaningful federal action to control chronic wasting disease among our wild deer, elk, and moose populations. In 2020, Congress responded by appropriating $5 million to the U.S. Department of Agriculture to send directly to state wildlife and agricultural departments tasked with responding to the disease.
Instead, the Animal and Plant Health Inspection Service is funneling $1.5 million of that funding to individual captive deer operations that have had to eliminate CWD-positive animals. These indemnification payments aid businesses that have already been part of the CWD problem and don’t address the continued strain placed on state agencies scrambling to manage the spread of the disease.
The Gulf Coast is Rebounding 10 Years After BP Oil Spill
The explosion of the Deepwater Horizon oil rig and the subsequent oil spill in the spring and summer of 2010 was the worst environmental disaster in American history. But in the decade since this tragedy, oil spill penalties have been invested in projects that directly address the damage, improving the outlook for the Gulf of Mexico’s coastal communities and fish and wildlife habitat.
Backcountry Conservation Areas allow the BLM to prioritize public access and habitat management actions, such as restoring riparian areas and streams, controlling invasive species, managing vegetation, improving fish passages, reducing the risk of wildfires, and increasing forage. There are BCAs proposed across the West.
As our nation rebounds from the COVID pandemic, policymakers are considering significant investments in infrastructure. Hunters and anglers see this as an opportunity to create jobs, restore habitat, and preserve fish and wildlife.