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May 26, 2023

TRCP Statement on Supreme Court Weakening Clean Water Act Protections

The Supreme Court’s ruling in Sackett v EPA will be bad for the environment and for hunting and fishing. 

We are disappointed in the Supreme Court’s decision in Sackett v EPA to limit the scope of the Clean Water Act to wetlands that “adjoin” a water body by a “continuous surface connection.” As every hunter and angler knows, wetlands are incredibly important whether they are connected by surface flow to a stream or not. In places like those in the Prairie Pothole Region (known as America’s duck factory) or in the headwaters of most trout and salmon streams, they provide nesting and rearing habitat for waterfowl and fish. They replenish groundwater sources and reduce flooding and clean the water that goes downstream. In the West, wet meadows provide important refuge areas during fire and reliable water and forage for wildlife during the dry summer and fall months. 

The court’s ruling will be bad for the environment and for hunting and fishing. It is past time for Congress to specifically address the issue by defining the scope of the Clean Water Act in a way that protects the environment, provides certainty for landowners and industry, and sustains our sports. 

11 Responses to “TRCP Statement on Supreme Court Weakening Clean Water Act Protections”

  1. The Clean Water Act was passed under President Nixon 50 years ago and has been a godsend for many people, waterfowl, fish, amphibians and the earth. Prairie potholes, tundra wetlands and vernal ponds can be examples of individual water sanctuaries and nurseries. This is a terrible decision by this Supreme Court. We must work to reverse it immediately.

    • Zachary Denton

      I think the Supreme Court ruled correctly, and does a great job a protecting the institution of the court. In this instance, the EPA is a group of unelected beaurucrats who have no legal authority to author laws. We need to go lobby our elected representatives if we want change. That’s why I join TRCP.

  2. Randolph Holford

    I believe in the necessity of preserving our wetlands. However; I also believe in private property rights. Obviously I am in a bit of a quandary. WOTUS needs to be much more clearly defined than it currently is. Far too much room for interpretation which can always be an iffy thing. I have seen farmers and ranchers kept from doing needed projects because of something as ridiculous as a drainage ditch. I’m open for discussion as this is an extremely difficult topic.

  3. Curt Nizzoli

    The Supreme Court ruled on existing laws. The EPA cannot pass laws, That must be done in Congress. For too long, we’ve seen out of control, leftist activists flaunt our laws and operate by edict. That so U.K. This ruling was based on the EPA’s “determination” that wetlands somehow fits in as “navigable waters”. That’s complete BS as well as being an illegal act. That’s what the high court ruled on. Congress needs to act on our behalf to protect our precious wetlands, creeks, streams, rivers, etc. C-O-N-G-R-E-S-S needs to pass legislation; not bureaucrats making legislation illegally. You won’t find a bigger advocate of habitat than me. Go to YouTube and search “RMEF The Letter”. There are wetlands across the country that need protecting. Congress needs to act. Let’s put our pressure there…

  4. Zachary Denton

    We must remember the role our various branches of government play. The Supreme Court interprets current law. They do not make laws. Although I personally feel we should advance protection, it is not the Supreme Courts position to take an opinion stance. If we want to advance protections, we must advocate our lawmakers who are the ones we elect to make these decisions. The Supreme ruled correctly and did thier job well. We must now go lobby our representatives, which is why I support TRCP in the first place.

  5. Steve Smith

    As an avid wing shooter and conservationist, I’m all in on protecting our waters. However, how do we write our laws to better protect wildlife and the property owner. That is to avoid the ridiculous decision by some government bureaucrat. I’m sure there’s opportunity for Congress to better define what it means and to have better “balance” in our decisions. The Supreme Court doesn’t make the laws, Congress does.

  6. Norm Ploss

    5-4 ruling. Not much surprise that Alito, Roberts, Thomas, Gorsuch, & Barrett wou
    ld approve. This SCOTUS is tilted and lacks neutral objectivity. We can expect more negative rulings for the environment and conservation.

  7. I am a proponent of the environment and clean water, but you overlooked the main tenant of this SCOTUS ruling in Sackett v EPA in that the EPA violated the Administrative Procedures Act with their over-reach of an executive agency. It goes back to high school civics class and the separation of powers in the three branches of our government. Oh wait, do they even teach civics in schools anymore?

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May 19, 2023

The Ruby Mountains Protection Act Passes Energy and Natural Resources Committee with Bipartisan Support

This Nevada gem for big game, waterfowl, and endangered cutthroat trout seeks permanent protection

 

The Ruby Mountains Protection Act, reintroduced by Senators Catherine Cortez Masto (D-NV) and Jacky Rosen (D-NV) in March of this year, passed out of the Senate Committee on Energy and Natural Resources Wednesday morning with bi-partisan support. If passed into law, the act (S.706) would permanently withdraw over 450,000 acres in the Humboldt-Toiyabe National Forest’s Ruby Mountain Ranger District and the Ruby Lake National Wildlife Refuge from oil and gas exploration.

The Ruby Mountains Protection Act has been introduced twice before by Senator Cortez Masto in response to interest to lease 54,000 acres for oil and gas exploration in the heart of the iconic Ruby Mountains. This area is home to one of Nevada’s largest mule deer herds, endangered Lahontan cutthroat trout, and a host of other wildlife including elk, bighorn sheep, and mountain goats.

“Growing up at the base of the Ruby Mountains, I took for granted the invaluable habitat in my backyard,” said Bryce Pollock, policy co-chair for the Nevada Chapter of Backcountry Hunters & Anglers. “This legislation will ensure the Rubies remain free of roads and development, which is a major win for the sportsmen and women in our state.”

The Rubies are recognized around the world as a premier big game hunting, fishing, and outdoor recreation destination. They are also the source of one of the most important mule deer migration corridors in the state. The 40,000 acre Ruby Lake Refuge, added to the legislation in 2021, is a major stopover for migrating waterfowl on the Pacific flyway, breeding grounds for waterfowl and shorebirds, and the lake itself is the setting for an untold number of recreation days spent fishing for trout and bass.

“We are thankful this legislation is again moving through Congress and thank Senator Cortez Masto for continuing to fight for the wishes of the people of Nevada,” said Jay Lingenfelter, chairman of the Fallon Chapter of Nevada Bighorns Unlimited. “The Rubies are a very special place and should be permanently safeguarded.”

The bill will now move to the Senate floor for consideration. In the House, the Ruby Mountain Protection Act is a part of Congressman Mark Amodei’s (R-NV) larger conservation and land management legislation (H.R. 3173).

May 16, 2023

New Federal Mitigation Policies Will Reduce Habitat and Species Loss

Finalized guidance from the U.S. Fish and Wildlife Service set an expectation that proposed development projects should minimize impacts to fish and wildlife wherever possible

The U.S. Fish and Wildlife Service has finalized two vital mitigation policies to conserve critical fish and wildlife resources, while still allowing for necessary development projects to occur in sensitive habitats. The two policies, a Service-wide Mitigation Policy and an Endangered Species Act Compensatory Mitigation Policy, provide guidance to agency staff for how to best mitigate losses to species and their habitats from proposed development projects.

The USFWS’ new policies recommend application of the mitigation hierarchy to ensure “no net loss” of resources. The ESA Compensatory Mitigation Policy provides additional guidance on how to replace loss of species and their habitats under the Endangered Species Act. These principles, referred to as the mitigation hierarchy, are fundamental to conservation and set expectations that proposed projects should first avoid impacts to species and their habitat within practical means.

If impacts are unavoidable, projects must then minimize remaining effects through project modifications. As a final step if the project ultimately impacts the species or sensitive habitat, the project proponent should compensate for that loss by replacing similar resource values elsewhere.

“When applied appropriately, these policies allow development projects to succeed by reducing conflicts with fish and wildlife resources in a clear and consistent way,” says Madeleine West, director of the center for public lands at the Theodore Roosevelt Conservation Partnership. “The TRCP welcomes these policies and encourages the Service to appropriately apply the mitigation hierarchy to ensure that development projects in sensitive habitats do so without causing an overall loss to fish and wildlife resources.”

 

Photo credit: Edgar Figueiredo

May 8, 2023

BLM Proposes Near-Final Plan for Key Idaho Winter Ranges

Big game habitat and hunting areas to benefit in proposed Four Rivers RMP

Idaho sportsmen and sportswomen applaud the Bureau of Land Management for taking a vital step toward completing a revision of the Four Rivers Resource Management Plan, a move that will conserve crucial big game migrations and winter ranges in some of Idaho’s most popular hunting units.

In today’s announcement, the BLM issued a Notice of Significant Change to the Record of Decision with modifications to the proposed plan, which include increased conservation measures for elk and mule deer winter range along the Boise Front and the Bennett Hills. The BLM has reopened the draft to one final round of public comment for 30 days and is expected to issue a record of decision later this year.

“The TRCP appreciates the continued refinement of the BLM’s Four Rivers Resource Management Plan because of the benefits it will provide to wildlife habitat and our hunting opportunities,” said Rob Thornberry, Idaho field representative for the Theodore Roosevelt Conservation Partnership. “We will take a detailed look at the nearly completed plan and provide comments during this final opportunity.”

The Four Rivers Field Office includes Idaho Department of Fish and Game Hunting Units 39, 43, 44, and 45 in the central and western portions of the state. These popular public lands help fuel Idaho’s multi-billion-dollar outdoor recreation economy, provide important wildlife habitat, and support various traditional uses of the land.

“From the Boise Front to the Bennett Hills, you will be hard pressed to find more productive big game habitat and hunting country than the lands managed by the BLM’s Four River Field Office,” continued Thornberry. “We appreciate BLM’s increased consideration for wildlife habitat and recreation opportunities in the near final plan.”

Click here to contribute your public input on potential updates to the proposed Four Rivers Field Office Resource Management Plan.

Photo Credit: James Brower

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May 4, 2023

New Striped Bass Regulations Aim to Rebuild Fish Population

Management Board took emergency action last week in response to increased mortality rates

The Atlantic States Marine Fisheries Commission’s Striped Bass Management Board yesterday exercised a seldom-used emergency action intended to reduce fishing mortality in striped bass populations, with the goal of more effectively rebuilding stocks to target levels by 2029. The emergency action will implement a 31-inch maximum size limit across the entire recreational fishery, including the Chesapeake Bay and along the East Coast. Individual states are tasked with implementing the change by July 2.

The Board also initiated Addendum II to the Fishery Management Plan, which will consider more thorough management changes for 2024 using a formal public input process. The minimum size limit, bag limit, seasons, and gear restrictions for striped bass remain unchanged under the emergency action.

“The TRCP appreciates the Board taking action to increase the possibility of rebuilding the coastwide striper stock by 2029,” said Whit Fosburgh, president and CEO of the Theodore Roosevelt Conservation Partnership. “Active management to decrease fishing mortality, along with full consideration of the need for a healthy forage fish base and mitigation of impacts from interactions with invasive species, are all crucial elements of any plan to improve the chances of long-term stability of striped bass stocks.”

The commission’s Massachusetts delegation led the push for emergency action after population projections showed there are significant headwinds to rebuilding striped bass stocks, particularly stemming from four consecutive years of poor juvenile survival rates in the Chesapeake Bay and an increase in fishing mortality in 2022.

“The Board has signaled they are prepared to act conservatively on striped bass to ensure rebuilding,” said Mike Waine, Atlantic fisheries policy director for the American Sportfishing Association. “Hopefully taking emergency action now will pay dividends later, so we can avoid the further use of short-term changes in regulations, and instead focus on longstanding and predictable management measures to provide stability to the most important and valuable fishery in the mid-Atlantic and New England regions.”

Striped bass are extremely important to coastal communities along the Atlantic and the entire fishing economy, estimated to generate $7.8 billion annually.

The sportfishing industry values long-term fishery sustainability while allowing for reasonable recreational fishing opportunities. Sportfishing and conservation organizations continue to encourage state agencies and the ASMFC to work with industry leaders on educating the public to ensure a mid-year management change in 2023 will have the intended conservation benefits across the entire recreational fishery.

“Controlling coastwide fishing mortality is the key to rebuilding striped bass abundance to levels the public expects and deserves,” said David Sikorski, executive director of Coastal Conservation Association Maryland and Maryland’s legislative appointee to the Striped Bass Management Board. “It is also important to recognize, however, that striper recruitment issues related to successive poor spawns, coupled with an expanding blue catfish population in the Chesapeake Bay will continue to complicate the longer-term trajectory of this iconic fishery.”

“No doubt there are a lot of factors at play that drive striped bass abundance over time, but fishing mortality is the only thing we can address directly in the striped bass management plan,” said Chris Horton, senior director of fisheries policy for the Congressional Sportsmen’s Foundation. “While the increase in recreational removals in 2022 could actually be a good sign, based on recent stock assessments and the current status of the stock given the information we have available today, it is not surprising the ASMFC is erring on the side of caution and reducing mortality without reducing access to the fishery.”

Click here to read the ASMFC’s statement about the emergency action and initiation of Addendum II.

Click here to learn more about striped bass management in the Atlantic.

 

Photo by @woozyfishing

HOW YOU CAN HELP

CHEERS TO CONSERVATION

Theodore Roosevelt’s experiences hunting and fishing certainly fueled his passion for conservation, but it seems that a passion for coffee may have powered his mornings. In fact, Roosevelt’s son once said that his father’s coffee cup was “more in the nature of a bathtub.” TRCP has partnered with Afuera Coffee Co. to bring together his two loves: a strong morning brew and a dedication to conservation. With your purchase, you’ll not only enjoy waking up to the rich aroma of this bolder roast—you’ll be supporting the important work of preserving hunting and fishing opportunities for all.

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