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WVCTU Action Alerts

January 30, 2008
Tier 2.5 Legislation Status

Please visit our online action center to support House Bills 4193 & 4284 and Senate Bills 390 & 456 which have strong provisions for healthy trout streams in West Virginia.

We need your support today as these bills are under attack by a number of organizations and it is up to us to defend them as they move through the West Virginia legislative process.

WHY WE CARE

The West Virginia Council of Trout Unlimited supports the proposed 47CSR2 Water Quality Standards Rule (HB 4193 & SB 390).  The main point on 47CSR2 is that the definition of B2 trout streams must remain the same; ?Trout waters are defined as waters which sustain year-round trout populations.  Excluded are those waters which receive annual stockings of trout but which do not support year-round trout populations.?  This is a good and proper definition which will serve as a strong foundation for conserving trout throughout the state.

The West Virginia Council of Trout Unlimited feels that the number of proposed streams in the Tier 2.5 list in 60CSR5 Antidegreadation Implementation Procedures (HB 4284 and SB 456) should be at least the 309 streams that are in the amended rule introduced to this session.  The concept of Tier 2.5 was a compromise with industry several years ago to avoid having the streams listed under Tier 3 with more restrictive protection.  The reduction from the initial presumptive list of 444 streams to 309 prior to the 2007 Legislative Session was done by the DNR and DEP and had some scientific basis.  Proposed further reduction from 309 to 156, or even further to 38, in the current proposed legislation is purely political and has no basis, but that is exactly what a number of organizations will be urging our legislators to do. 

WHAT YOU CAN DO

1.) Visit http://www.legis.state.wv.us/ and find your representatives' contact information and call or write to support these bills.  Phone calls and personal letters are the most effective methods to support these bills.

2.) If you only have time for an e-mail to your legislators, please visit our online action center today and contact your delegates and senators to express your support for 47CSR2 unchanged and 60CSR5 with at least 309 streams in the Tier 2.5 listing.    Feel free to use the model letter you will find there as a basis for your personal letter or your e-mail. 

 Sincerely,

Larry Orr
Council Chair
West Virginia TU
edhorse@suddenlink.net

Steve Moyer
VP for Government Affairs
Trout Unlimited


The following is a copy of the letter submitted to WVDEP on July 10, 2007 concerning the 2008 Antidegradation rules to be submitted to the legislature:

To Whom It May Concern:

I am writing to you as the Chairman of the West Virginia Council of Trout Unlimited (WVCTU) in regard to two proposed rules to be introduced to the 2008 WV legislative session; 47CSR2, Requirements Governing Water Quality Standards and  60CSR5, Antidegradation Implementation Procedures. 

WVCTU has more than 1700 members.  Our mission is to conserve, protect and restore the coldwater fisheries of WV and their watersheds.  We work to restore native brook trout habitat, stock brown trout fingerlings in suitable streams, participate in stream cleanup projects, support reasonable water quality standards, and engage in other projects to further our mission.

I am a chemical engineer and retired from Union Carbide in 1999 as a Senior Project Manager.  I managed the design and construction of chemical plants around the world for 38 years.  When I first came to the Kanawha Valley in 1961, the Kanawha River was not suitable for recreation in the Charleston area.  The chemical industry acted as a good neighbor, cleaned up its’ act by designing and operating its’ plants according to the appropriate water quality standards, and now people fish, boat and swim in the Kanawha River in the Charleston and South Charleston areas.  It is time that the extractive industries are required to step up and be good neighbors by treating the waters of West Virginia with the respect and concern that is deserved.

The main point on 47CSR2 is that the definition of B2 trout streams must remain the same; “Trout waters are defined as waters which sustain year-round trout populations.  Excluded are those waters which receive annual stockings of trout but which do not support year-round trout populations.”  This is a good and proper definition.

The West Virginia Council of Trout Unlimited strongly objects to the reduction of the number of proposed Category Tier 2.5 streams to 157 in 60CSR5.  The number of proposed streams should be at least the 309 streams that were in the rules package introduced to the 2007 Legislative Session.  The reduction from the initial presumptive list of 444 streams to 309 prior to that session was done by the DNR and DEP and had scientific basis.  The reduction from 309 to 157 in the current proposed legislation was purely political and has no basis.

All reproducing trout streams should have Tier 2.5 protection, or if not, then they should be elevated to Tier 3 protection.

Trout fishing in WV brings in $80 million annually.  There are 2000 miles of trout streams in WV, so this converts to $40,000 per mile of trout stream.  Only a fraction of these streams are included in the 309 that were proposed to be given Tier 2.5 protection in the legislation introduced to the 2007 legislative session.  The wholesale reduction of Tier 2.5 streams for political purposes must be reversed.  It is not in the interest of the WV economy or its quality of life.

Water is the most important natural resource in WV – not coal, oil, gas, timber or other extractive materials. There is no alternative material to replace water as there is with extractive industry materials used for the production of energy.  Pure water is required for sustenance of life and maintenance of health.   We must provide the proper protection for this precious commodity.

Almost all of our Trout Unlimited members live and work in WV.  We are not anti business or anti development.  We believe that business and development can operate and grow in a responsible manner while still maintaining the quality of our waters and the recreational value.  We have worked with various companies (including oil and gas and coal companies) on trout stream restoration projects in WV and have reached win – win solutions for both sides.

It is time for WV to comply with federal water quality requirements by enacting the Antidegradation Implementation Procedures and including the 309 streams for Tier 2.5 protection as presented in the package that was originally sent to the 2007 Legislature. 

Sincerely,

Larry Orr
Chairman, WVCTU
304 965 7185
edhorse@suddenlink.net

 


Further information...

A one page summary of 47CSR2 and 60CSR5 “Trout Waters & Antidegradation Information Sheet” is also available at this link.

 


 

Ongoing Concerns

Slatyfork Wastewater
Treatment Facility

WVCTU is working in cooperation with other conservation organizations to seek protections for the upper Elk River trout fishery under a proposed regional wastewater treatment facillity for the Slatyfork area. Click here for the latest updates, including research results, documents and letters to agencies.

(06/16/06) FONSI Response from DEP Agency's response to public comments regarding the FONSI available online

(01/23/07) Eight Rivers Safe Development, Inc. filed a formal complaint against the West Virginia Department of Environmental Protection on December 21, 2006.

The complaint outlines Eight Rivers Safe Development's position that WVDEP's "issuance of a FONSI and failure to prepare an EIS, was not, and is not, in accordance with the law and rules of the State of West Virginia, including without limitation, CSR § 47-31-1, et seq., and CSR § 47-31-6.2, incorporating, 40 CFR, Part 6, Subparts A - E, and otherwise was and is arbitrary, capricious, an abuse of discretion, and contrary to and violative of the law and rules of the State of West Virginia."

Dredging

Ernie Nester and the dredging committee have compiled a landmark document outlining WVTU's position on stream dredging, flooding and tree cutting on streambanks. This document, which includes a resolution passed by WVTU regarding dredging practices, should be very useful to chapters and others concerned with the negative impacts of dredging. Click here to view the position paper in PDF format.

In Fall 2007 the Dredging Committee produced a powerpoint presentation on dredging available to anyone who wants to use it. To download the presentation, right click here and click "save as".

Law Enforcement

The joint TU/DNR Law Enforcement task force has made great progress by educating anglers on the methods of reporting violations. Click here to read about how you can help DNR Law Enforcement by reporting any fish and/or game violations you witness in the field (opens in new window).

Stocking over natives

The WVCTU Fisheries Management committee recently completed a position paper regarding the practice of stocking over native trout populations in the Mountain State. Click here to view the paper online.


West Virginia Legislature

Keep up-to-date on issues before the WV Legislature during regular and special sessions.


West Virginia Government

Links to WV Government agencies and programs.


 

 

 

 

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