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Friday, June 27th, 2008.
A Good Week... and A Very Bad Week.
Hex and Iso's everywhere on river systems that support healthy acquatic insect populations. Water levels without human interference are coming down nicely. And then the bad part...
The Pigeon River below Sturgeon Valley Road, in the Pigeon River Forest, is virtually dead after a "human error" at the Song of the Morning Ranch last week. The chart below shows you the beginning of a four or five day event that truned this river into a drainage ditch that looked like an industrial pond or oil patch. There'll be plenty more to come on this one. And the news just got worse as the week rolled on...
The Michigan House simply agreed to the provisions in the Michigan Senate allowing 21% reductions in cold-water stream flows; up to 40% in warm water bodies and 3% fish reductions per withdrawal. No permits or oversite for withdrawals of 2,000,000 or less; and worse yet; no inclusion of water as a public trust, thereby treating all water as a commodity.
Sure, we're part of the Great Lakes Compact now but we've been sold-out by organizations that should know better! You expect this from lobbyists representing multi-national corporations but MUCC?? Now that big business has carried the day let's see how much better the Michigan economy really gets... at the sake of our rivers, lakes and streams.
Tuesday, June 17th, 2008.
Maybe with the end of the most recent drought I should no longer be concerned with terms like: withdrawal, , minimun flow, acquifer and the like.
Our legislators are deciding the fate of future groundwater (ALL WATER) regulations this week and the prognosis isn't very good. It looks as though big business concerns and lobbyists like Farm Bureau, Michigan Manufacturer's Association and Chamber of Commerce will carry the day in Lansing. Now imagine what 2,000,000 gallons per day coming from your favorite trout stream might look like. IF you need help imagining such a thing then look at what one unregulated dam can do to a blue ribbon trout stream... I wonder if the steelhead eggs will survive this fiasco?
Friday, June 13th, 2008.
We joke about the weather in Michigan and often suggest that "if one doesn't like it; just wait five minutes and it'll change"... And change it has!
Severe thunder storms and tornadic activity in mid-Michigan through the Eastern U.P. have streams running high and some are flash flooding as I post this update. Nearly 8 inches fell last night in Missaukee, Wexford or Manistee Counties while a couple more fell over Crawford, Antrim, Kalkaska and Otsego Counties. The thunder and lighting moved from the south and west up through the region last evening while chasing brown drakes on the Au Sable main stream... ending any thoughts of fishing an evening emergence. It probably signaled the end of any dry-fly fishing for the entire weekend too!
Our long, yet normal winter has segued into a cool spring and now a very wet summer. Area swamps and creeks are full as they drain toward any of these dependable trout streams. And though the arrival of surplus moisture can upset some fishing plans; it hasn't been destructive until now. More showers and severe winds are forecast later today.
We've been more fortunate than the neighboring states of Iowa, Wisconsin, Indiana and Illinois but we're not out of the proverbial woods yet either.
Up through last evening area rivers have been full of drakes, sulphurs, cahills, caddis and stones. Add grubs, worms and all form of terrestrial now that these waters are out of their banks. Just in time for the next acquatic announcement of H. limbata around June 20th.
The Michigan House and Senate have yet to reconcile their differences in the water withdrawal packages. That and ill-conceived plans for an amusement park near Grayling still are cause for concern amoung area conservationists. One could almost forget that two cases are before state and federal courts regarding oil and gas development near the Au Sable River too. How sweet it is to simply fish and talk about the weather!
Tightlines!
Friday, June 6, 2008
Muggy and volatile conditions have helped welcome E. simulan to the Headwaters Region. We'll see dramatic weather today on the heels of decent rains last night. Area systems should get a nice bump from this much-needed moisture and the fishing should be spectacular.
I've got to find a way to do more with less but that can wait for another day. The big bugs are rolling and summer sure is sweet!
Tightlines...
Friday, May 30, 2008
We've come to the end of another month, or nearly so... With insects about and spring in full bloom, there's always plenty of reason to ignore your chores and chase the evening spinner fall or day-time hatch. But that doesn't pay the bills or place me in the good-grace of those around me. So we pick our spots and fidget about the place when we're certain this is the evening that those spinners are going to fall... or the hatchers are going to come and trout are certain to chase them; even if we're not there to witness the event.
So we watch the weather; check the calender, look over ones work schedule and then hope nothing comes up during the half-day sojurn to a favorite run or river.
Insects make this time of year so special; and we've got a boat load of quality rivers with fish and bugs ready to cooperate. Sulphurs and stones and caddis and cahill; March browns and Great Speckled Olive Duns... some big others small. Emergers, subimagio and mating dances galore. It's a crazy mixed-up world this time of year so make things simple and stick with patterns like Adams, Borcher and Roberts Yellow.
The mercury fell to 20 degrees just three mornings back after our first day of 80 during Memorial Day weekend. The weather swings remind me of my own poor-fitting temperament. Today we're seeing showers in advance of thunder storms. Winds and rain with a little electricty to boot and we'll have stories of great fishing before one's run off the river by lighting bolts. The vegatation is green and new-life is all about us... stumbling forward on shaky legs. Spotted innocence tucked beneath the one that bore her. The dipper has tipped and drenched the hemisphere with good. Fish friends while we can...
Tightlines...
Wednesday, May 21, 2008
There's been far too much politics and legislative news within this journal of mine...
I'm pleased to write this morning about mundane topics like snow, wind, rain and the rivers of the Headwaters Region. A forest called Pigeon and a river by the same; a rapids on the Black or a valley known as Sturgeon. Great places to spend a day exploring these environs. In search of morels or morsels; I'm fortunate indeed to journey here in this fantastic water wonderland!
Howling winds and sleet accompanied me late yesterday while stalking trout in the PRF. Caddis and an assortment of mayflies have made life interesting in every sector of the Headwaters Region. Stenonema vicarium or the March Brown have made their appearance as have E. dorothea, commonly called the Sulphur. Another mayfly branded "sulphur" has been active on the Au Sable system; E. invaria or light hendrickson. And trout are looking up!
We're on the door step of our first summer holiday. The weather is more reminiscent of early April than the beginning of summers' travel season. Nearly every weekend is booked for customers or family gatherings, so I'm judicisously guarding my time performing market research. We'll get reports of cold fisherman and dis-enchanted visitors through today and tomorrow; but the tide will turn and the jet-stream will lift. Once that happens we'll welcome the sweet season in all its raptured splendor... Get out there and fish friends. The fish are already wet!
Tightlines!
05/15/08
http://detnews.com/apps/pbcs.dll/article?AID=/20080513/METRO/805130382/1409/METRO
05/16/08 A REPORT DOESN"T MATTER... This does!
Water bill gets OK from Senate
Goal is to limit large-scale withdrawals from waterways
LANSING (AP) -- The state Senate voted Thursday to change how Michigan manages large-scale withdrawals from the state's lakes and inland waterways, over objections that the legislation would not do enough to protect trout streams and other resources.
The 24-14 vote in the Republican-controlled Senate capped more than two years of work, but more talks remain to resolve differences. The Democratic-led House may vote soon on a competing plan.
Until new water rules are approved, Michigan will not give final approval to a regional compact preventing Great Lakes water from being sent to dry regions.
Sen. Patricia Birkholz, a top negotiator on the legislation, said the key component would be a new point-and-click computer tool measuring the ecological effects of water withdrawals. Golf courses, wineries, ski resorts, dairy farmers and others could use the technology to find out if their water usage would have an "adverse resource impact."
"This is truly landmark. It's never been done in any other state," said Birkholz, R-Saugatuck, arguing it makes sense to use science as the yardstick to determine if a withdrawal is harmful or not.
Democrats, though, said the bill would set too-lenient thresholds on when the approval of state environmental regulators would be required to use large amounts of water. They also questioned whether withdrawals could affect thriving trout populations and water flow in streams.
"What percent of the fish population are we willing to write off?" asked Sen. Michael Prusi, D-Ishpeming. "Our cold-water streams and small rivers are world-class resources, the jewels of northern Michigan."
Republicans favor allowing withdrawals reducing certain fish populations no more than 3 percent. Democrats want a 1 percent limit.
The legislation would require the Department of Environmental Quality to implement the assessment tool one year after the law takes effect.
Democrats warned the delay could cause a rush of new water withdrawals before revised rules kick in, but Birkholz said it would take time to start the system. She said new or expanded water bottling plants already have to get state permits for withdrawing more than 250,000 gallons a day.
That threshold would drop to 200,000 gallons a day under preliminary legislation approved by the House and Senate earlier in the week.
The Michigan Farm Bureau and business groups backed the Senate plan for water withdrawals. Environmental and conservation groups opposed it, expecting Democrats who control the House to pass stricter standards. It looks increasingly likely the rules will have to be resolved in a House-Senate conference committee.
"Both sides should move to ... bridge that gap," said Sen. Michael Switalski, D-Roseville, one of three Democrats to join all 21 Republicans in supporting the bill. "I'm embarrassed we call ourselves the Great Lakes state but we're practically the last state to sign the compact."
Wisconsin soon will be the fifth of eight states in the region to sign the 2005 agreement.
Michigan law now requires permits if a company wants to use more than 2 million gallons a day from inland waters and 5 millions gallons daily from the Great Lakes. The Senate bill would make it 2 million gallons for both inland waters and the Great Lakes.
Environmental groups prefer a threshold of 1 million gallons in House legislation but might be willing to bend if lawmakers approve more protections for sensitive headwater regions.
They complained that under the measure, up to 25 percent of parts of rivers and streams could be pumped out without needing a permit. Republicans responded that the bill would protect vital areas while letting the business community quickly get clearance for withdrawals where water is plentiful without going through a drawn-out permitting process.
The two other Democrats to vote for the bill were Sens. James Barcia of Bay City and John Gleason of Flushing.
We'd better hope that the House plan get adopted folks or we are SCREWED!! Be sure to thank your Republican Senators for giving away our most precious resource... The Farm Bureau, Michigan Manufacturers Association and Chamber of Commerce carried the day in Lansing!
Dam!
Thursday, May 8th. 2008.
Bright and Cool! We're looking at afternoon black caddis hatches and minor Hendrickson activity over the next several days. We're also seeing a couple species of stone flies as the sun performs its magic on afternoon water temps. The local forecast isn't calling for afternoon temps higher than 60 degrees so we'll see little evening spinner fall activity. The morning low hit 30 in these parts after another cold-front pushed its way through the Headwaters Region of lower Michigan. Spring is slowly moving north and portions of area rivers are just waking from their long winter slumber. Tuesday eveing provided temps in the 60's and ample Hennies hit the water after 10 days of hatching. Moving north you'll see evidence of recent rainbow spawners and the first signifcant may fly hatches; but it's still early for dry fly enthusiasts on many area streams after three inches of rain at the end of April.
We're still awaiting some form of reconcilliation between the Michigan House and Senate regarding language for water withdrawals... HB 5069 and SB 860. It wouldn't surprise me if the current bodies left this one for the next term to decide upon!
Meanwhile; I've already had a great dry-fly season and I'm still jonesing for those anadromous fishes known as steelhead... so a trip to the UP may be in my immediate future. Lake Superior is beckoning my friends. Never mind $4.00 per gallon fuel prices or a local real estate economy that's far past cause for pause! It's that time of year where life is exploding all about us and a pleasant peninsula seems like a fine destination. Until next time...
Tightlines!
Thursday, May 1st, 2008.
Contrasts... Spring brings to mind that adjective; where our folly is played out on rivers like the Rogue, Manistee, Muskegon... Or the Rifle, Au Gres, Au Sable. Travel north and you'll encounter the Black, its East Branch, the Pigeon and Sturgeon. Further east you'll encounter creeks like Hunt, Gilchrist and the Thunder Bay. North and west lie the Jordan and Green and rolling terrian framed by waters called Little and Grand Traverse. Wonderful places worthy each in their own right of special care and attention. Betsie, Platte and Boardman provide ample angling opportunities to the regions only urban center and the 45th paralell plays host to many of these river systems.
Opening Day... a tradition that rivals major holidays or sporting events, has ushered in another magical season in the Headwaters of northern Michigan.
Henricksons on those rivers running south made this week a memorable one. So did a raging ground fire adjacent to Grayling last Thursday. But those long-overdue rains brought needed relief and much colder weather to the area on Friday. It also signaled a significant change that held back further spinner falls ... but the hatchers have been pretictable. Late afternoon between 3-6pm have been fantastic on the South Branch in the Mason Tract. The trend may change beginning today as cloudy, moisture laden windy whip from the east at 25mph. But that's fishin' this time of year.
Runs of anadromous fish on the Muskegon treated a buddy to 30 hook-ups on Monday while another saw few adult steelhead on the Rifle on Tuesday. That same friend landed a couple board fish on the South Branch last evening at 5:30pm. And yours truly has retired another fly to my well-worn fish cap in honor of the Hendrickson.
We'll see afternoon spinner falls on the Au Sable system beginning today and those other rivers mentioned in the opening paragraph? They're calling my name! Go Tigers and Red Wings and Pistons... Our plate is indeed full.
Tighlines!
Thursday, April 24, 2008.
It's apparent to many around me that the calendar is tilted; and the beginning of my year floats somewhere between the first strong emergence and twi-light spinner fall... It's another year. Welcome to it!!
E. subvaria will make this opener one to remember. So will the abrupt change in our weather. This morning low will register 45 degrees in our favorite river valleys and blue-bird bright will best describe the expected conditions this day; with highs climbing into the middle 70's for a fourth day this week. Red flag warning and burning bans will welcome trout camp visitors but the big news will be bugs... and rising trout on favorite waters throughout the Headwaters Region!
While the aquatic world sees insect activity those environs are also playing host to annual visitors returning to natal waters. Steelhead! Those chrome invaders that make much of winters woes so manageable. They too are busy with the matter of creation though these trophies play second fiddle once my favorite streams are alive with morning emergers and twi-light mating swarms. We've turned the page on fall and the solstice has segued through another equinox. The song of birds or drumming grouse accompany dawn, reminding us that there is no cure for that wonder-lust known as "Spring". Warm breezes carry reminders that tickle the sensory somewhere between youth and tomorrow. Breathe deep friends and you'll notice... A dimple in the bubble-line. A serenade in the heavens. A river running through us. It's opening day weekend and our lives are good!
Tightlines...
Thursday, April 17, 2008.
Temps in the 40's this morning are headed to the 60's with intermitent sunshine. Tailwaters are high and will remain so for several days or weeks but we're fishing those free-flowing bodies known for their resident trout and anadromous fishes. The first reports of Hendrickson's started trickling in on Monday afternoon; black-stones and #20 olives are also making their presence felt. Spring has arrived in the Headwaters Region just in time... and on schedule.
We'll see rising trout in the next few days but we're still throwing sub-surface streamers to coax fat browns from their woody lairs. Bright flies on sunny days and dark uglies on overcast outings. Nymphs are always an option and warming waters will see renewed action in favorite runs, shelves and pools. The new year is finally upon us.
Once waters recide we'll find favorite stretches holding those fish we've dreamed about during this long Michigan winter. And maybe those Detroit Tigers will be roaring as we've expected!
I heard a national report yesterday regarding Great Lakes Water and the growing South-west and Southern sun-belts. The issue isn't going away and Michigan Legislators are pushing forward with comprehensive plans. The Senate and House need to hear from us! Our water should be considered a "public trust", not a commodity available to the highest bidder! See the March 14th update below...
Tightlines for Today!
Wednesday, April 2, 2008.
Rain of an inch Monday with temps near 40, complimenting snow melt and right now we're seeing spring cleaning on creeks and rivers in the Headwaters Region. Just Perfect! Though, there are flood warnings for rivers like the Rifle near Sterling as it's expected to crest tomorrow nearly 2.5 feet over flood stage.
Two days of rain, snow and general calamity have segued toward general clearing. We're forecast with plenty of day-time warming and crisp nights, 40's during the afternoon and teens at night; the type of forecast that fans of maple syrup love to see in late March and early April. The sap rises and falls like clock-work. And we fisherman consider our options as the dry-fly season stumbles ever closer... Streamers, nymphs, home or travel? The big lakes fare or the adaptive creatures that have wintered over in our natal waters? Wade or float; bobber or none? All these choices as waters throughout the State usher in the start of another spring season. Fresh gravel and silver-crimson fish.
Right now your Michigan Representatives are on spring recess and in their homes districts. They'll be joined by their Senate counterparts next week. IF you enjoy the bounty encased about us... Contact these folks and insist "that Michigans' water be treated as a Public Trust"! You'lll find contact information in the update from March 14th... Do your part friends and let's get back to fishing! Call, write, e-mail or visit then go fish!! Get well JOR!
Tighlines!
Sunday, March 23, 2008.
More good news broke last week in the battle to save the last of Michigans' wild coaster brook trout: From US Fish & Wildlife Service...
Good Afternoon,
On March 1, 2006, the Service received a petition from the Sierra Club
Mackinac Chapter and the Huron Mountain Club asking the Service to list the
coaster brook trout as endangered under the Endangered Species Act. In
response to that petition, on March 20, 2008, we will announce in the
Federal Register that we found that the petition contained substantial
information indicating there may be a need to list the coaster brook trout
under the Endangered Species Act and that we will begin a formal review of
the status of the species.
Coaster brook trout are a form of brook trout that spend all or a portion
of their life cycle in the Great Lakes. Our finding initiates a further
evaluation of the status of the coaster and opens a 60-day public comment
period to provide an opportunity for agencies, conservation organizations,
scientists, and other interested parties to give us any information that
they may have. After reviewing all of the available information, we will
make a decision whether to propose that the coaster brook trout be listed
under the Endangered Species Act.
Attached is a news release about the coaster brook trout finding and a fact
sheet about the petition process. Additional information about the coaster
is on our web site at
contact Jessica Hogrefe (517-351-5467) of our East Lansing, Michigan Field
Office. If you have information or other comments that you wish to submit
for our consideration, please use the Federal eRulemaking Portal at
comments. Or, comments may be sent to:
Public Comments Processing
Attn: FWS-R3-ES-2008-0030
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, Suite 222
Arlington, VA 22203.
To ensure that new information and comments are considered in our final
decision on this petition, we must receive them no later than May 19, 2008.
Sincerely,
Jessica Hogrefe
US Fish & Wildlife Service
East Lansing Field Office
2651 Coolidge Road, Suite 101
East Lansing, MI 48823
Phone: 517-351-5467
Fax: 517-351-1443
Wow! The work performed by members of the Mackinac Chapter of the Sierra Club made this potential reprive possible. The organization has become an invaluable ally of our local conservation clubs and some of their administration are now fans of wild trout and fly angling. Check out the time lines in this administrative review process...
http://endangered.fws.gov
The Michigan Legislature is on spring break and we've welcomed the official arrival of another season, but it still looks and feels an awful lot like winter. Two fresh inches of snow fell today and the thermometer dipped below single digits several times this week. The stuff is hard on the fingers and equipment.
Stay Tuned for spring temps and breaking news from the river... Tighlines!
Friday, March 14, 2008.
Current conditions... Partly sunny & 38 degrees @ 2:45pm. Variable winds. 18 inch snow-pack and two-feet of ice on area lakes. Shanties must be removed by tomorrow and it's now dark after 8:00pm. Sunshine today with rain or snow tomorrow and evening temps in the 20's. Early spring in the Headwaters Region... and I'm counting votes instead of chasing trout.
The Michigan House passed HB 5069 yesterday. The Senate is going to do the same with 860 next week. Then all bets are off as the differences in each will go to conference committee. Our heirs will be forced to live with the bastard off-spring produced from this legislation. If cold rivers and healthy trout populations matter to you; then call your State Senator. http://senate.michigan.gov/SenatorInfo/find-your-senator.htm
If not... DON'T BITCH about the lack of insects, trout or water once found in your favorite river.
To Do Something... Read This Over and follow the prompts. I'd prefer NO FISH KILLS and NO DIVERSIONS on Blue-Ribbon Trout Streams but INDUSTRY IS IN THE EAR of your Senators. No Royalties, No Permits, No Local Controls, No Good, NO SHIT!
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�Legislative Action Alert | March 13, 2008
Please visit our online action center to contact your state legislators urging them to prevent our coldwater fisheries from being damaged for short-term economic gain.
 Negotiations have been underway during the past several months to develop legislation to regulate new large-volume water withdrawals in Michigan and the Great Lakes. Senate Republicans and House Democrats originally introduced two substantially different sets of bills to address this issue.
Many of the differences have been resolved through recent negotiations. The remaining differences between the competing bill packages include how much damage to aquatic resources will be allowed, how much opportunity for public input will be required, and the explicit recognition that the state has to manage its waters for the public trust. �learn more
WHY WE CARE
Current Michigan law prevents new large quantity water withdrawals from having an adverse impact to aquatic resources. New proposed legislation, Senate bill 860, would re-define and substantially weaken the definition of �adverse� to allow reductions in fisheries, including our precious coldwater fisheries. This will set a dangerous precedent whereby our public resources can be degraded to benefit private commercial ventures. House bills 5065-5073 are a similar but more promising approach that would better conserve Michigan's valuable coldwater resource assets. We need your help today to get the best law possible enacted.
It is time to send a clear message to Lansing politicians that we are not going to accept damage to our precious public resources so that future commercial interests can profit at our expense. There is plenty of water available in Michigan for future commercial development - we do not have to accept excessive damage to our waters and the economies they are already supporting. House water withdrawal bills maintain that no reduction in fish populations should be allowed on our coldwater rivers and streams.
WHAT YOU CAN DO
1.) Phone calls and personal letters are the most effective methods to support these bills. lFind your local legislator in our online action center and contact them in person today.
2.) If you only have time for an e-mail, please visit our online action center and contact your delegates and senators to express support of HB 5065-5073 and opposition to SB 860.
Please feel free to contact me with any questions or for more information.
Sincerely,
Dr. Bryan Burroughs
Executive Director
Michigan Council
Trout Unlimited
Ph. 616-460-0477
bryanburroughs@mctu.org
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Tighlines?
Thursday, February 28, 2008.
20% withdrawals - 5% fish kill! No public input or commentary. That's precisely what your Michigan Legislators are proposing for the majority of your Michigan watersheds... or WORSE.
http://progressmichigan.org/page/speakout/greatlakes It's probably too late friends as "85% of the negotiations are done" according to SB 860 sponsor Birkholtz. Her sponsorship of this package is a travesty. 2 million gallon per day withdrawls with no permit necessary. No royalty payments to Michigan residents. Fish kills are considered acceptable?? I'm joking right... Here's the contact information for our State Legislators:
http://senate.michigan.gov/SenatorInfo/find-your-senator.htm You'll find contact information on all 38 State Senators.
http://house.michigan.gov/find_a_rep.asp Here you'll find information on our 110 State Representatives.
There's really no need for a fishing update as this stuff dwarfs anything else I could report. Sorry friends... Weapons and rope may be needed next.
Monday, Februrary 11th, 2008.
What does the decision renedered by Judge Dennis Murphy of the 46th Circuit Court mean to the Anglers of the Au Sable and their plaintiff partners? For starters; it's the second victory in two distinctly different areans. The first was decided before the same Court last year, after 13 days of expert testimony. That decision has been appealed by the MDEQ and Merit Energy, and is winding toward arguements in May or June, 2008. The most recent decision boldly states that the General Permit, the adminstrative process and scope of the proposed remediation were beyond the auspices of the Department and its rubber-stamped over sight committees. In essence, the stuff slated for the water-course above Lynn Lake would contain more than the ALJ expoused or considered in his ruling back in May, 2006. So the plot actually thickens...
There may be two appeals headed to the Courts over the same remediation plan but the ramifications for the MDEQ could be huge if the Administrative Law Judge's decision doesn't find support in the Appeals Court. There could be hundreds of remediation plans that could come under scrutiny from citizens and stake-holders from one end of Michigan to another. Meanwhile there's: (1) Bay Harbour, (2) Kennecott Mining, (3) Nestle Water, (4) Proposed Water-Withdrawls, (5) Michigan Green Energy Authority, (6) Carbon Sequestering ... The list could go on friends but you get the point.
Another minerals rush is under-way and this time it includes transporting water from the basin and our cold-water streams at rates that will impact our wild trout fisheries as much as any global change ; short of the calderon below YellowStone exploding...
http://www.legislature.mi.gov/documents/2007-2008/billintroduced/Senate/pdf/2007-SIB-0860.pdf This isn't pretty folks! Michigan residents should be paid royalties greater than those of oil, gas, timber, gold, diamond, uranium ... It is the most precisous resource on the planet isn't it?
And the fishing??...
Prior to the Super Bowl, I managed to land a beautiful 'bow on the Sturgeon. A fish that made all seem right, if only for a short while. It's moments like these that make living here so spectacular! Just minutes in any direction, you'll find jewels that replenish the soul and restores your faith.
It's Y.I.Fish friends... Tightlines!
Friday, February 1, 2008!! ANGLERS WIN ALJ / KOLKE CREEK Round II!
Order: 1-31-08, 46th Circuit Trial Judge, Hon. Dennis F. Murphy
Accordingly, it is ordered that the decision of the Administrative Law Judge to uphold the Certificate of Coverage is reversed: and the COC issued to Merit under the General Permit is vacated for three independent reasons: 1) the COC is illegal on the face of the General Permit because the COC allows the discharge of treated effluent to contain pollutants other than those that can be properly and plainly considered gasoline and/or related petroleum products; and/or 2) The MDEQ approval of Merit's COC is illegal on the face of the General Permit because the COC allows Merit to discharge effluent containing the pollutant chloride, and the General Permit limits discharge to treated groundwater that contains only gasonline and/or petroleum related procuts; and/or 3) The MDEQ approval of Merit's COC is illegal on the face of the General Permit becuase the proposed discharge and the proposed volume of discharge is likely to violate MEPA.
It means the administrative process was flawed and over-reaching from the start. The public deserved the right to protest the original adminstrative process and now the battle is truly joined! It's a great day in the Headwaters Region!
Very Tightlines!
Saturday, January 26, 2008.
Snow, cold and raw winds... Winter made another comeback in the Headwaters region.
Parkas and snow shoes replaced vests and waders during the prior 10 days but there's a minor warm-up on the horizon and reports of fresh fish in natal rivers throughout the lower peninsula. A road trip on Tuesday should offer a short reprieve from winters' doldrums, as the month of January has seemed rather long and bitter.
A friend, residing in the upper peninsula, took advantage of 10 degree temperatures yesterday to land his first Superior steelhead... on his fourth cast while fishing the Chocolay River. Never mind those of us waiting for the mercury to crest at 27 or 28 degrees; yesterday was the first in a week that temps managed to climb about zero; so Marvin walked to the river and promptly enticed a jewel to eat his wolly bugger. Both participants will be irrepararbly changed by the chance encounter and I wager the fisherman's the one to really be hooked! It's kinda like that folks...
I'm reminded when speaking with those who knew me prior to rediscovering the fly. They'll wonder aloud how you can find joy, wonder, patience or clothing ample for winter wading. Or how you justify returning those fish foolish enough to fall for our calculated decite? Or, don't you have anything else better to do with your spare-time during the winter... like ice-fish? You've heard it yourself from friends, associates and family members: "Another fishing trip up north? So you can throw back those trout you catch? It doesn't make sense!! And they're right. It just doesn't make any sense...
People throughout North America identify the headwaters as one of those special places; just the right combination of topography, flora, fauna and hydrology. Suitable for sustaining wild trout that are gullible enough to catch and hardy enough to survive our intrusions. There's renewed pressure on several fronts including government and industry that see these stable cold-water bastions as the ticket out of current fiscal trouble. The "State-of-the-State" address on Tuesday, January 29th, is the opening salvo. The Govenor will be touting a new Act and speaking of the Michigan Green Energy Authority. The "green" I see will line the pockets of a few select partners appointed by a 5-person panel overseeing future oil and gas development and carbon-sequestering. This is a tact that may cause as much trouble as any short-term good, but there's significant money at work on this proposal. Instead, let's get paid true-market-value for any and all water diversions right now! The cost and value of H2O isn't coming down and those manufacturing jobs we once relied upon aren't coming back. Water wars don't seem such a far-fetched idea any more do they? Mulholland was far ahead of his time...
Back to fishing... Tightlines!
Saturday, January 12, 2008.
Welcome to another new year! This new edition has already provided us with a thaw which included tornadic activity on the 7th day of January in the mid-section of our lower penisnula; incredible!! The ice shantys on Osego Lake were pulled ashore last Sunday in preparation for the forecast thaw as our temperatures zoomed into the upper 40's and 50's. Several days of troublesome fog and heavy rains pummeled the remaining snow pack throughout the headwaters region. This is somewhat expected in January or February but the ferocity found in Monday and Tuesday's storms is cause for pause. Some-things are certainly changing in the north IF you consider the arrival of tornadic weather in October and January of 07 and 08... But winter's back...
Six inches of beautiful snow lies laden on area conifers this morning; while I'm making haste for Cheboygan County in search of fresh steelhead. This, after two days near Rockford, mid-week on the Rogue. A date in the US Court system in GR was reason enough to look for winter fish on one of Lake Michigan's river systems. The discussion and insuing agreement between the government and I was aimiable enough and it made sense to incorporate some fishing into the trip while in south-west Michigan. It made sense to at least one other fishing buddy too.
Our targeted rivers were still full of January's thaw but the Rogue provided ample opportunity for wading on Wednesday and Thursday. It also held a few winter steelhead. While mid-week is a great time to get away from the crowds, last weekend offered an opportunity to get into the years first fine fish.
Robert Herron and I settled on the Big Manistee below Tippy for Sunday and managed to land a couple bows on nymphs and egg patters. There was company during the afternoon but those throngs thinned near twi-light and we found a few adult fish below the coffer dam. By Monday most area rivers were rising beyond our ability to safely wade. As difficult as fall and early winter season has been, the spring run should be simply fantastic! Let's hope those fish stacked up in harbors and deltas make an early move into their natal waters sooner because of this big run-off!
Speaking of natal fishes and anadromous fisheries... check out this article regarding the impact of zebra and quagga mussels on salmon and steelhead; http://blog.mlive.com/kzgazette/2008/01/lack_of_prey_fish_could_hurt_s.html The future word isn't good if you're a fan of large salmonid in the Great Lakes. It's my opinion that this invasion from the St. Lawrence Seaway makes the waters of the headwater region even more precious!! Remember your biology? Our bodies run on water while our nation runs on oil and gas. If a barrel of crude is worth $100, how much is a container of our ground or river water worth... $200? IF our own state is preparing to GIVE water away then WE, the reidents MUST GET PAID!!!
Forget about money going to the general fund for later dispersement! It should go directly to those 10 million residents that claim Michigan as their home. The State could receive a portion for monitoring withdrawls and servicing the accounts, much like banks retain the servicing on mortgages that they sell to the secondary mortgage market. It's fruitful for the private sector so it should be the same for our State government!
Enough of this already! It's the 12th day of a new year and there's room in my editorial section to ramble about this and other conservation matters. Drake is ready for a ride and I'm figuring on a fresh run of Oncornychus mykiss.
Happy new year and Tightlines!
Sunday, December 23rd, 2007.
Somewhere between the arrival of winter's solstice and Christmas, another low pressure system races across the upper Great Lakes; ushering in more vigorous, blustery arctic weather. Huffing, puffing and threatening to blow the place down... Must be time for an update.
Drake and I headed for the Sturgeon this morning shortly after day-break. Temperatures soared into the 40's and strong breezes pushed moisture-laden clouds from the south west... before another advancing cold-front. Remnants of this months snow-pack and two days of fog and rain were bound to have a positive impact on local steelhead water and the forecast was calling for miserable conditions by early afternoon. Well, the forecasters were right but my own prognostication wasn't nearly so accurate. It's why I call it fishing and others have begun to call me "Lucky". Whether the nickname sticks or it doesn't really doesn't matter much; as long I'm able to chase local salmonid on blue-ribbon waters. I'll feel fortunate indeed!
As we put a final bow on the years' fishing report I think some reflection is warranted; especially as we look forward to spring and the challenges before those that love cold flowing, highly oxygenated bodies of water called rivers. That forecast looks clouded by the likes of remediation, withdrawl and pending legislation in the Michigan House... but particularly the Michigan Senate. See S.B. 860! http://legislature.mi.gov/doc.aspx?2007-SB-0860
I've come to accept a few simple truths during the past five years and I'm sharing some of those realizations here, in this, my 46th year. Nothing so dramatic or life-altering that apologizes need be extended mind you. But a simple acknowledgement that I could have done some things differently and thus; made a bigger impact in matters of conservation. Though we've had a big year and a few battles have been won despite the ongoing war...
Huge kudos to those souls who've donated to the defense of the Au Sable system this year through the legal showdown at Kolke Creek. $300,000 have been required of the Anglers of the Au Sable and several more $10,000's will be needed. But we've won in the local Circuit and we'll win in the Appellate too! What's distrubing is our own MDEQ has supported the arguements of Merit Energy even though this Texas Corporation knew this contamination existed BEFORE they purchased it from Shell. The appeal arguements were finished by noon Friday, December 7th, in Gaylord. Somewhat anti-climactic after 13 days of expert testimoney and cross-examination. Judge Murphy will issue his opinion between January 7 and February 8th of 2008. And there's more at stake now than when the trial started... so stay tuned!!
There's also room tonight to thank 325 supporters and a couple dozen volunteers for a wonderful evening in April for the Anglers' 20 year anniversary. I'd be remiss without including several more donars and underwriters of the nights festivities. It was a great evening friends!
Included in my "list" of thanks are a dozen customers and clients. Because of their support I've had my finest year to date along these headwaters! Thank you indeed!
In closing; I trust there's family, friends and hope at your table this holiday season. Merry Christmas and happy new year too!
Tightlines friends...
