The U.S. Fish and Wildlife Service announces the availability of a draft Environmental Impact Statement evaluating a proposed multi-species, multi-state draft Habitat Conservation Plan and application for an incidental take permit under the Endangered Species Act. The HCP was developed by NiSource Inc., primarily a natural gas transmission, distribution and storage company, as it seeks an incidental take permit for operating and maintaining its network of pipelines in 14 northeastern, Midwest and southeastern states.

The Endangered Species Act requires an approved Habitat Conservation Plan before an incidental take permit is granted. HCPs are agreements between a landowner and the Service, allowing landowners to undertake otherwise lawful activities on their property that may result in the incidental death, injury or harassment of a listed species; the landowner agrees to conservation measures designed to minimize and mitigate the impact of those actions.

In its draft EIS, the Service evaluated the possible environmental impacts of implementing NiSource’s Habitat Conservation Plan and the potential effects of granting an incidental take permit under the Endangered Species Act. Among the alternatives evaluated by the Service are issuing a permit for 50 years, as requested by NiSource; a “no-action” alternative, under which NiSource would continue to work with the Service on a case-by-case basis for all its activities; and issuing a permit for 10 years.

NiSource’s draft HCP covers the company’s activities that may result in take of endangered or threatened species along its pipeline network. The plan addresses conservation needs for 10 federally endangered, threatened or proposed species for which take might occur, along with measures to avoid take of an additional 33 federally endangered, threatened or candidate species. NiSource’s draft HCP includes measures to avoid or reduce impacts on those species resulting from business activities, as well as mitigation practices such as protecting existing habitat, creating new habitat for protected species, and identifying research to better understand endangered species.

The Service is accepting comments on the draft EIS through October 11, 2011. Send written comments via U.S. mail to the Regional Director, Midwest Region, Attn: Lisa Mandell, U.S. Fish and Wildlife Service, Ecological Services, 5600 American Blvd. West, Suite 990, Bloomington, MN 55437-1458, or by electronic mail to permitsR3ES@fws.gov 

Public meetings will be held in Columbus, Ohio, Lexington, Kentucky, and Charleston, West Virginia during the summer 2011:

August 16, 2011, 7:00 p.m., University Plaza Hotel and Conference Center, 3110 Olentangy River Road, Columbus, OH 43202.

August 17, 2011, 7:00 p.m., Ramada Conference Center, 2143 N. Broadway, Lexington, KY 40505

August 18, 2011, 7:00 pm, Charleston Ramada Plaza, 400 2nd Ave., S. Charleston, WV 25303.

More information about the EIS and HCP, along with locations, dates, and times of specific public meetings can be found at: http://www.fws.gov/midwest/Endangered/permits/hcp/nisource/

The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service.

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For more information on our work and the people who make it happen, visit http://www.fws.gov Connect with our Facebook page at http://www.facebook.com/usfws follow our tweets at http://www.twitter.com/usfwshq  watch our YouTube Channel at http://www.youtube.com/usfws and download photos from our Flickr page athttp://www.flickr.com/photos/usfwshq

By Reg Clayton

Waterfront property owners planning to build a new dock or boathouse may be confused by provincial regulations and work permit requirements that may or may not apply to their intended projects. Ministry of Natural Resources staff can help by providing information and advice on how to proceed.

“The most commonly asked question is ‘what kind of boat house or dock can we build?'” commented Donna Derouin, who along with colleague Kevin Keith is a lands and waters specialist at Kenora district MNR.

“We welcome people to drop in or phone. People can contact us and we will get them the information they need,” Derouin said. “If property owners have specific questions that we can’t answer, we will direct them to the appropriate agency.”

MNR has two fact sheets available which outline what type of plans require a ministry work permit to build a dock or boat house on lakes or rivers, considered public land under provincial jurisdiction. Floating docks and single story boathouses do not require work permits, nor do docks and boathouses supported by posts, poles or stilts or any combination of floating and supports that do not exceed 15 sq. metres on the bed of the waterbody. However, docks and boat houses where the total surface area of cribs or other solid supporting structures constructed or placed on the waterbody bed exceeding 15 square metres do require a work permit.

Derouin noted the applications are site specific and subject to review by a ministry biologist, lands specialist and area supervisor. The biologist will determine if the project poses an impact on fish habitat or spawning areas.

“Solid structures have more impact on the lake bed and fish habitat compared to floating docks or post and pole supports,” Derouin said.

The lands specialist will ensure the structures front the owner’s property and do not impede on neighbours’ right of access to the lake or river. Neighbouring property owners are interviewed so no concerns arise after the structure is built.

“It’s important people know what they own and what their property boundaries are when building a dock,” Derouin said.

In certain circumstance federal regulations apply to the installation of float and pier (pile and post) docks where fish habitat and spawning areas is a concern and MNR may advise people to contact the Department of Oceans and Fisheries.

Additional prohibitions apply to shoreline development in designated restricted areas. Clearwater Bay is the main restricted area for development on Lake of the Woods and all construction of cabins, docks and boathouses require work permits.

The restriction was imposed following a review that determined water quality, lake trout spawning areas and habitat was affected by over-development in Clearwater Bay. As a result, the Ministry of Natural Resources and the Ministry of Environment imposed a minister’s order to restrict development on private property in the area. The provincial restriction is specific to unincorporated areas where municipal regulations regarding multiple habitats on a lot, inappropriate septic and grey water discharge and shoreline development do not apply.

Generally, the only type of boat house currently permitted for new shoreline construction on Ontario lakes is a single storey structure intended specifically for boat storage. Roof top decking is allowed and gazebos will be considered providing the enclosure measures 24 square metres or less and are screened on at least three sides. These types of boathouses comply with the free use policy under Ontario’s Public Lands Act.

Not covered

Two storey boathouses and boathouses with attached living accommodations were inventoried on Lake of the Woods in 2006 and their continued use is grandfathered under provincial legislation. However, the structures are not covered by the free use policy and are subject to an annual land use fee. Waterfront constructions of this kind are no longer permitted on Ontario lakes or rivers. Similar restrictions apply to floating cottages.

“The free use policy applies to single storey boat houses and no payment is required to install one,” Derouin said. “But when looking to add a second storey that’s beyond free use because that’s meant for something more than the storage of a boat.”

Therefore new construction of two storey boat houses is no longer permitted as the structures are considered to be unauthorized occupation of Crown Land. Violators are subject to removal orders issued through the courts and must bear the cost.

In certain situations MNR will work with people who have taken on such projects unaware of the new regulations in place since the Shoreline Structures Initiative of 2006. The structure can be brought into compliance through removal of the second floor or modification of the upper enclosure into an open gazebo. See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

The regulations are in effect province wide. Lake of the Woods has the largest number of boathouses in Ontario after Muskoka cottage country, north of Toronto.

Lowman, ID – A portion of the popular Landmark – Stanley Road (Forest Road 579) will be temporarily closed from July 25 through approximately August 9 at Tennessee Creek in the Bear Valley area to remove and replace two culverts.  This project received a $43,000 grant from the Southwest Idaho RAC and will improve fish habitat and fish passage, and should also help avoid a likely blowout of the road in the future.

 

The Tennessee Creek culvert is located approximately 30 miles north of Lowman, ID within the Bear Valley Watershed.  Tennessee Creek combines with Elk Creek, then flows approximately 0.9 miles before its confluence with Bear Valley Creek. In its current condition, the Tennessee Creek culvert requires annual maintenance to repair holes in the road, resulting from the crushing/failure of the culvert that is currently installed. Eventually, the culvert is expected to fail, likely during high flows in the spring runoff period, and complete failure of the road prism is likely to result. Replacing the culvert would eliminate the risk of the road prism failure at the site and the subsequent delivery of associated road bed materials into Tennessee, Elk, and Bear Valley Creeks.

The road will be closed approximately 0.1 mile west of the Bear Valley Campground to approximately 0.5 mile east of the Elk Creek Guard Station. The Bear Valley Campground and the Elk Creek Guard Station will be accessible during project implementation. The Deadwood Reservoir area can be accessed via the Bear Valley Road (Forest Road 582) and the Bearskin Road (Forest Road 563) or the Scott Mountain Road (Forest Road 555).

 The road will be closed to all motorized access to provide for public safety and protection during construction. The two fish blocking culverts are being replaced with a concrete box culvert, which will restore fish passage further up the creek.  Restoration of unimpeded fish passage will allow Chinook salmon, bull trout, steelhead, and other fish and aquatic organisms to access habitat in the upper reaches of Tennessee Creek.

Tennessee Creek just upstream of the road crossing

The new, open bottom concrete box culvert will allow fish passage to all age classes of fish species and also repair the hydrologic function of the stream at the crossing. This structure accommodates bankfull channel width and the design incorporates stream simulation with respect to channel alignment, gradient, and substrates. The replacement structure would also accommodate 100 year flood events and related debris flows.

The lower reaches of Tennessee Creek have the potential to serve as rearing habitat for ESA listed Spring/Summer Chinook salmon and steelhead. Bull trout, which are also a listed species, are present in the watershed. Tennessee Creek, along with all other streams in the Bear Valley Watershed are designated Critical Habitat for both Spring/Summer Chinook salmon and steelhead.

Forest Road 579 is under the jurisdiction of Valley County. The culvert replacement and the temporary road closure is a cooperative effort between the US Forest Service, Lowman Ranger District, the Valley County Roads Department and the Southwest Idaho RAC.

For more information contact the Lowman Ranger Station at 259-3361 or Jerry Robinson with the Valley County Roads department at 382-7195.

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BY CONRAD SWANSON | JULY 15, 2011 7:20 AM

The Iowa City summer is filled with kids going to various camps, groups of incoming university students, and groups of people both young and old relaxing outside in the sticky heat.

One group says it’s even more relaxed than the rest, though. Anglers can be found casting their lines at the Coralville Reservoir, along the Iowa River, and in all sorts of creeks, streams, and ponds.

Lloyd Bender, a salesman in the fishing department at Fin & Feather, 125 Highway 1 W., said he sees a diverse range of people who fish.

“I see people fishing, from little kids on up,” he said. “It’s fun for everybody.”

Bender is primarily a lake fisherman, and he recently returned a fishing trip in Minnesota. While in Iowa City, he fishes at Lake Macbride and a few other locations, but he tends to avoid the Iowa River because of concerns about the water’s cleanliness.

He said his reason is that harmful elements in a fish’s habitat can be stored in the animal’s fat. He said it might be OK to eat walleyes caught in the Iowa River because the species isn’t particularly fatty, but an Iowa River catfish may not be the healthiest thing to consume on a regular basis.

Bender may have a valid point. Iowa has ranked as low as 47th out of the 50 states in per capita spending on soil conservation and water quality, Iowa’s Water & Land Conservancy Executive Director Mark Langgin told The Daily Iowan in 2010.

Not everyone is as concerned about the Iowa River’s water quality, though.

One popular fishing spot can be found where Highway 6 crosses the Iowa River, the site of a small inlet that water from the river can enter. Also located there is an outlet pipe from the Iowa City Wastewater Division, and some people sit on the concrete above the pipe while fishing.

Paul Stewart, who has fished that area for 52 years, said he isn’t concerned about the water quality. Stewart — who, despite that outlook, usually doesn’t keep the fish he catches — said that as long as there’s moving water, there shouldn’t be a problem because of potentially harmful substances from the wastewater pipe. See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

“I haven’t got four arms and three eyes yet, so I think it’s OK,” he said.

Steve Julius, the senior operator at the Iowa City Wastewater Division, said he knows anglers are common up and down the Iowa River. He said anything coming from the outlet pipe is perfectly safe and that none of the fluid exiting the pipe — a substance called effluent in the wastewater business — poses a threat to the fish or fishermen near the Highway 6 spot.

“The treated effluent is meeting all the permit requirements for that flow,” Julius said. “When compared [with the river], it’s probably cleaner than the actual river itself.”

Concerns about the quality of the water aside, many of the fishing fans said they agree it’s a great activity that’s easy to learn and hard to master. Several people said the skills they use while fishing transfer to other aspects of their lives.

“Patience, attitude — there’s a lot that goes into fishing, for food or for sport,” Stewart said. “It’s a great stress reliever.”

Bender agreed, noting that a good amount of the enjoyment for him comes from its difficulty.

“There’s a little thing with a pea-sized brain, and it fools you half the time,” he said. “It’s a challenge.”

Loss of Top Predators Has Far-Reaching Effects