Hunters & Anglers Oppose Michigan Lame Duck Anti-Wetlands Legislation

Last week, a coalition of hunting, angling and conservation organizations submitted a letter in opposition to proposed lame duck legislation which would, ironically, remove critical habitat protections for actual ducks.

Brook trout depend on coldwater fisheries fed by headwater streams and filtered by seasonal wetlands, both at risk from Senate Bill 1211

Senate Bill 1211 was introduced by Sen. Tom Casperson (R-Escanaba) during the current lame duck session to strip away protections for many wetlands in the state. Ducks Unlimited, Michigan United Conservation Clubs, the National Wildlife Federation and Trout Unlimited submitted the following joint letter in opposition to the legislation.

November 28, 2018

The undersigned organizations representing tens of thousands of sportsmen and women as well as other conservationists statewide wish to express our collective opposition to the proposed legislation that will roll back many non-federal wetland protections in the state of Michigan and will significantly change the existing definition of wetlands. This bill may also interfere with the State of Michigan’s authority to regulate wetlands under Section 404 of the Clean Water Act, thereby jeopardizing the state program.

This bill will remove protections for over a quarter of Michigan’s 11,000 inland lakes, and over 2,500 impoundments that provide critical habitat for fisheries and waterfowl, places our members use to hunt and fish. It will also remove protections for artificially irrigated wetlands, places we have worked tirelessly to create.

Wetlands play an important role throughout our state for both people and wildlife. Waterfowl and a myriad of other species rely on wetland habitats throughout their life cycle for nesting, breeding and feeding. Wetlands also provide critical services for the people of the state, acting as a water filtration system and a means of recharging groundwater. They are also a means of preventing erosion and help to alleviate flooding through water storage as well as pollution control and sediment retention.

Our members throughout the state rely on wetlands, impoundments, small inland lakes and streams to pursue their passions. As such, we would like to highlight a number of issues we have with SB1211. Our concerns include:

· The increase in size of unregulated, non-federal wetlands from 5 to 10 acres will leave 70,000 wetlands in the state unprotected, covering nearly half a million acres.*

· Removing protections for wetlands and water bodies that do not always display a surface connection is problematic. Many wetlands are connected to larger watersheds through subterranean channels that would not be visible on the surface. Wetlands are also subject to dry and wet periods that can vary from year to year, meaning a wetland at any given time may not visibly display the stereotypical characteristics of a wetland, but still perform the imperative functions of a wetland.

· Lifting these protections could also severely impact Michigan’s cold-water fisheries as many of the state’s headwaters rely on healthy groundwater sources, intact wetland systems, and intermittent streams to provide water to our robust network of famed trout fishing rivers and streams.

· This legislation will create uncertainty for the regulated community as permitting and the application process will become unclear with the new changes. Adapting to the new changes could in turn stall many development projects as businesses must wade through the new set of laws.

· With the continued uncertainty surrounding the “Waters of the United States” (WOTUS) ruling of the Clean Water Act, tying WOTUS to the state definition of wetlands can lead to much confusion for both regulators and people doing work in and around wetlands.

The undersigned organizations understand that laws must be adapted to changing times. However, we believe that significant changes to the state’s preeminent wetland and environmental law must be done in an open way that includes input from the general public, all stakeholders and the state agencies whose remit is to protect and manage Michigan’s natural resources. Ducks Unlimited, Trout Unlimited, Michigan United Conservation Clubs and National Wildlife Federation are willing to work alongside the legislature to update environmental laws to ensure they are not overly burdensome on those they regulate while simultaneously continuing to protect our wetlands and water. Barring such a process, pursuing such a change now is ill-advised in our opinion.

Signed,

Kyle Rorah, Acting Director of Public Policy
Ducks Unlimited Great Lakes/Mid-Atlantic Region

Bryan Burroughs, Executive Director
Michigan Trout Unlimited

Dan Eichinger, Executive Director
Michigan United Conservation Clubs

Marc Smith, Conservation and Policy Director
National Wildlife Federation

*Note: SB 1211 was amended to maintain the acreage level at 5 acres; however, the provisions removing protections from seasonal wetlands and those without surface connections to larger bodies of water still up to half of Michigan’s wetlands vulnerable to destruction.