Spring 2007 Waterkeeper Magazine

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WATERKEEPER
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CLEAN WATER • KN OW YOUR RI GH TS • STRON G COM M UN I TI ES
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Spring 2007 $5.95
Not Forrest Gump
Fisher- Philosopher Jimbo Meador
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Ancient Public Trust
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Vol um e 3 N um ber 4, Spr i ng 2007
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6 Let t er from t he President : Robert F. Kennedy, Jr.
10 Splashback: The Q uick and t he WE WI N
12 Ripples
22 U .S. Power Com pany Accused of Canadian Environm ent al Crim es
24 Say N o t o Cypress M ulch
26 Wat erkeepers Aust ralia: Fight ing for Flow
28 Conversat ion wit h Fisherm an-Philosopher Jim bo M eador
30 Fish Able: Know Your Right s
32 Fi sh ki l l s, Fi sher m en & Pfi est eri a
40 Bl ue Past ur es i n Publ i c Tr ust by M ar k Dowi e
43 Savi ng Kl am at h Sal m on
45 Pl ayi ng H ooky wi t h t he Shenandoah Ri ver keeper
47 Pescador Wat er keeper —
Guar daguas Bahía M agdal ena/ M agdal ena Baykeeper
48 Accessi ng t he Kaw
49 Ri ver Shr i m p
50 Fi shabl e Wat er s, Edi bl e Fi sh
51 Seaf ood Consum pt i on Advi sor y
52 Fi sher i es Act Under At t ack
53 The Way For war d
54 Teach Weal t h
55 Go Fi sh
56 Fi shi ng t o See
58 I n t he N ews
60 Ganym ede: Court Adjourns
62 Wat erkeeper’s Wake: Chapt er Six, A Great Team
63 Farr on Film : I n t he N avy, I I
64 O n t he Table wit h Giles Ashford
66 Beat ing Around t he Bush
WATERKEEPER
4 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
Let t er from t he President
I
have a hunch that a lot of American
men, if asked about important boy-
hood moments, might reminisce
about their first kiss or a little league game
in which they made a run or an out that
clinched their team’s victory. Such mem-
ories are certainly worth cherishing, but
for some of us, something quite different
tops the list: pulling a fish out of the water
for the first time.
For me, that thrilling experience is
a snapshot of a youth spent with water
and wildlife. Growing up in Virginia, my
brother David and sister Kerry and I often
wandered the woods and streams near
our house searching for frogs, crayfish
and mudpuppies. When my family spent
summers at Cape Cod, my cousin Bobby
Shriver and I rode our bikes to the tidal
inlets at Calmus Beach to crab or to the
salt marshes at Squaw’s Island to catch
fiddler crabs, killifish and mummichogs in
a wire trap. We’d go dip netting for paint-
ed turtles and baby catfish from a dinghy
on Anderson’s Pond or beach seining for
eels, shiners, skipjacks and Atlantic nee-
dlefish; we’d snorkel for scallops until we
had enough to feed the entire family gath-
ered at Hyannisport – a formidable task
in spite of the scallops’ abundance. Sev-
eral days a week, my parents would take a
huge pack of kids in our wooden sailboat
to nearby islands where we would fish for
sand sharks, scup, flounder, puffers and
sea robins, gather hermit crabs, periwin-
kles and scallops and dig for steamers.
One of my fondest childhood memo-
ries involving capturing and feasting on
fish was an unforgettable trip with my
father and siblings and Supreme Court
Justice William O. Douglas, who was a
great environmentalist. It was a ten-day
pack trip to Whiskey Bend in the San Juan
range on Washington’s Olympic penin-
sula. We lived on the mild, flaky meat of
trout cooked over an open flame. After-
ward we fished for salmon in Puget Sound
and caught more fish than I’d ever seen.
Fishing satisfies many of my appe-
tites. Whether I’m getting blown around
a boat on open water or up to my waist
in a placid stream, I am nourished by my
surroundings of water, fresh air, wildlife
and nature’s beauty. It can be quiet and
solitary or, more often for me, joyously
shared with family and friends. Tere’s
satisfaction that this pleasurable labor re-
sults in getting a healthful meal. Savoring
the sweet flavor of fresh fish is one of life’s
great pleasures.
But unfortunately, eating your catch is
often no longer wise. Pollution in many of
America’s lakes, rivers, streams and coast-
al areas now makes it unsafe for people,
especially children, to eat fish from those
waters very often.
I began seeing this first hand around the
time I started having children of my own
and wanted to share with them the joys of
hunting for aquatic creatures. In 1984, the
same year my first child was born, I started
working for the Hudson River Fisherman’s
Association, a group of commercial and
recreational fishermen who’d banded to-
gether to protect their right to harvest un-
contaminated fish from public waters. (I
still work for the group today, which later
became Hudson Riverkeeper). On behalf
of the fishermen, I began suing corpora-
tions that were killing fish and making
them unsafe to eat by illegally dumping
toxins into the Hudson River.
Tey say that you fight for what you
love. Working for the fishermen, I started
spending several days a week in and on
the waters of the Hudson and that’s how
I came to truly know and love it. Tey
took me fishing from boats and from the
shore for striped bass, black bass and
white perch; we’d go fly-fishing in the
tributaries for brown and brook trout;
we’d beach seine for exotics and shrimp;
and we’d scuba dive from canoes in the
marshes. Sometimes, I’d explore the trib-
utary streams on my own, like I did when
I was a kid. It surprised me to see tropical
fish in the estuary. Tey are funneled into
the Hudson in large cells of warm water
that break off the Gulf Stream as it flows
north past Long Island. In the Croton
River, a tributary of the Hudson, I saw
sea horses and a fish called a moongazer,
which emits an electric shock when you
touch it.
A few years after I began working with
the fishermen, we set up a program that
enables Pace University law students to
play a major role in the lawsuits we were
filing against polluters. Under a special
court order, the students actually argue
the cases in court. Tey are training to
be the next generation of environmental
warriors who will fight to make the Hud-
son safe for people and all kinds of fish
and wildlife.
Tese days, I take my own children
fishing as often as possible; in summer, we
go several times a week. We line fish in
the pond behind my house or beach sein-
ing in the Hudson River, catching stripped
bass, sturgeon and shad. But we don’t
bring home anything to eat from these
outings. Everything we catch, we release,
regardless of species or size, because the
fish in our area are too contaminated with
mercury and PCBs to safely eat.
Fight ing for What I Love
Rober t F. Kennedy, Jr.
6 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
Tragically, mercury contamination
now makes it unsafe for children and
women of childbearing age to eat any
freshwater fish in Connecticut, most of
the fish in New York State and all of the
fish in the New York City reservoir sys-
tem. Te fish in 44 states now have con-
sumption advisories because of mercury
contamination.
In the Northeast and Great Lakes
states, most of this mercury comes from
coal-fired power plants. Te mercury in
coal can mostly be filtered out of air
emissions by modern equipment. Te
Clean Air Act requires power plants
to modernize as they make alterations.
But a handful of power plants, many
of them in the Ohio Valley, have stub-
bornly refused to put in better filtering
equipment. Tis mercury lands on water
bodies, soils and forests, putting the toxin
in everything fish eat and ending up in the
flesh of the fish humans eat.
Te Bush administration has failed to
make these coal-fired plants modernize;
it even proposed doing away with the
part of the Clean Air Act that requires
this upgrading of filtering equipment.
Tis led a group of Northeast states and
several environmental organizations, in-
cluding Waterkeeper Alliance, to file law-
suits to enforce the Clean Air Act. What
this boils down to is that my children and
the kids of millions of other Americans
can no longer go fishing in their com-
munities and eat their catch, because the
utility industry has such political clout in
Washington. Te lawsuits have been forc-
ing the plants to upgrade their filtering
equipment and not a moment too soon.
About ten years after I started working
for Hudson Riverkeeper I started spending
a lot of my time helping to set up new Wa-
terkeeper organizations around the coun-
try. Tere are now 157 local Waterkeeper
groups around the world. Each is estab-
lished and run by local citizens who work
together to protect a local river, lake or bay.
I serve as the president of Waterkeeper Al-
liance. We are leading a coalition of envi-
ronmental organizations that has filed a
formal complaint under the North Ameri-
can Free Trade Agreement to force the
United States to reduce its mercury emis-
sions from coal-burning power plants.
One out of every six American women
of childbearing years now has so much
mercury in her body that her children are
at risk for permanent IQ loss, kidney and
liver damage, blindness and possibly au-
tism because of the mercury. Half of the
mercury emissions in our country are
coming from those coal-burning plants in
the Ohio Valley.
Te contamination of American fish-
eries also amplifies the pressure on our
ocean fisheries, which, it is now widely
acknowledged, are in great distress. And
now, over 70 to 90 percent of the world’s
fisheries are considered “over-fished.”
Tankfully, the ocean fisheries crisis
lately has been getting attention from me-
dia and international organizations, such
as the United Nations. But it is a long way
from being solved.
When Americans can’t eat the fish we
catch, we are being denied more than a
meal: we are being stripped of an age-old
right that all of us have to take and eat
fish from public waters. Fishing was listed
in the ancient Roman Code of Justinian
as a fundamental right. As a citizen of
Rome, you had an absolute right to cross
a beach to catch a fish; not even the em-
peror himself could stop you. Western law
and culture has continued to protect this
right over the ages. When Britain’s King
John began to claim access to fisheries
and wildlife as the provenance of the elite
at the beginning of the 13th century, it
contributed to the revolt that ended with
his signing the Magna Carta. Te Magna
Carta has two chapters on public access
to fisheries in navigable waters, establish-
ing it as an undeniable right of all people.
American case law and statutes have
firmly established that we have the same
rights of access to public waters and fish-
eries, rights that no president, governor
or CEO can deny.
Tere are at least three things each of
us can do to turn the tide on the fate of
our fisheries. First, I recommend support-
ing the work of a non-profit organization
that focuses on protecting our waters
from pollution and over-fishing. I devote
my time to Waterkeeper Alliance, Hud-
son Riverkeeper and Natural Resources
Defense Council and there are many oth-
er organizations that do excellent work.
Tese groups have scientists, lawyers
and, yes, lobbyists, to get policies enacted
that will protect fish populations. Do you
have a local Waterkeeper program? Tat’s
where to start.
Second, by thoughtfully choosing
what we eat, each of us can support sus-
tainable fishing and avoid supporting the
worst practices.
Finally and I consider this the most
important, we must choose people to
represent us in government who are com-
mitted to addressing water pollution and
over-fishing. Tere are successful models
for re-establishing depleted or contami-
nated fisheries. Iceland, for one, has been
showing the world what a committed
government can do to rebuild our rav-
aged oceans. Tis work has to be done
at the state, national and international
levels with enforceable laws and treaties.
Supporting politicians that recognize the
urgent need for protecting our fisheries is
simply the best thing we can do to reclaim
our fisheries for future generations. W
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www.waterkeeper.org Spring 2007 Waterkeeper Magazine 7
© 2007 Wat er keeper Al l i ance. Repr oduct i on of edi t or i al cont ent onl y i s aut hor i zed wi t h appr opr i at e cr edi t and acknowl edgem ent . Wat er keeper, Channel keeper and Lakekeeper ar e r egi st er ed t r adem ar ks
and ser vi ce m ar ks of Wat er keeper Al l i ance, I nc. Coast keeper, Cr eekkeeper, Gul f keeper and I nl et keeper ar e t r adem ar ks and ser vi ce m ar ks l i censed by Wat er keeper Al l i ance, I nc. Ri ver keeper i s a r egi st er ed
t r adem ar k and ser vi ce m ar k of Ri ver keeper, I nc. and i s l i censed f or use her ei n. Baykeeper and Del t akeeper ar e r egi st er ed t r adem ar ks and ser vi ce m ar ks of Wat er keeper s N or t her n Cal i f or ni a and ar e
l i censed f or use her ei n. Soundkeeper i s a r egi st er ed t r adem ar k and ser vi ce m ar k of Soundkeeper, I nc. and i s l i censed f or use her ei n.
Wat er keeper i s pr i nt ed on For est St ewar dshi p Counci l ( FSC) cer t i f i ed M ohawk Opt i ons 100% post -consum er r ecycl ed paper whi ch i s m anuf act ur ed wi t h wi nd el ect r i ci t y.
Pr i nt ed i n USA • Peake DeLancey Pr i nt er s, LLC
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Pr ess cl i ppi ng f r om t he N euse
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ON TH E
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Globally, the paper industry is the single
largest industrial consumer of water and the
third greatest emitter of greenhouse gases.
Getting the Paper Right!
Wat erkeeper m agazi ne i s pr i nt ed on 100% post -consum er
r ecycl ed paper gener at ed wi t h wi nd power. We hope t hat ot her
publ i cat i ons wi l l j oi n us i n com m i t t i ng t o pr ot ect our envi r onm ent
and bui l di ng t he m ar ket f or envi r onm ent al l y sust ai nabl e pr oduct s.
The envi r onm ent al savi ngs f r om t hi s swi t ch ar e enor m ous:
Wat erkeeper i s pr i nt ed on FSC-cer t i f i ed M ohawk Opt i ons 100%
post -consum er r ecycl ed paper whi ch i s m anuf act ur ed wi t h
Gr een-e cer t i f i ed wi nd el ect r i ci t y. Thi s paper i s cer t i f i ed by Gr een
Seal and by Sm ar t wood f or FSC st andar ds whi ch pr om ot e
envi r onm ent al l y appr opr i at e, soci al l y benef i ci al and econom i cal l y
vi abl e m anagem ent of t he wor l d’ s f or est s.
322 t r ees pr eser ved f or t he f ut ur e
932 l bs. wat er bor ne wast e not cr eat ed
137,170 gal l ons wast ewat er f l ow saved
15,177 l bs. sol i d wast e not gener at ed
29,884 l bs. net gr eenhouse gases pr event ed
228,738,400 BTUs ener gy not consum ed
Savi ngs f r om t he use of em i ssi on-f r ee wi nd-gener at ed el ect r i ci t y:
15,526 l bs. ai r em i ssi ons not gener at ed
7 bar r el s cr ude oi l unused
I n ot her wor ds, savi ngs f r om t he use of wi nd-gener at ed el ect r i ci t y
ar e equi val ent t o:
not dr i vi ng 7,612 m i l es
OR
pl ant i ng 625 t r ees
WATERKEEPER
M A G A Z I N E
50 S. Buckhout St ., St e. 302, I r vi ngt on, N Y 10533
www.WATERKEEPER.org
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M I SSI O N : Wat er keeper Al l i ance connect s and suppor t s l ocal Wat er keeper
pr ogr am s t o pr ovi de a voi ce f or wat er ways and com m uni t i es wor l dwi de.
Eddie Scher Edi t or Bandana M alik Assi st ant Edi t or
Swit ch St udio Ar t Di r ect i on Richard J. D ove Phot o Edi t or
William Abranowicz Phot o Consul t ant Giles Ashford Cr eat i ve Consul t ant
Board of Directors
Rober t F. Kennedy, Jr.
( PRESI D EN T)
Ter r y Backer
( VI CE PRESI D EN T) SO U N D KEEPER, I N C.
Bob Shavel son
( TREASU RER) CO O K I N LETKEEPER
M ar k M at t son
( SECRETARY) LAKE O N TARI O
WATERKEEPER
Casi Cal l away
M O BI LE BAYKEEPER
Donna Li senby
CATAWBA RI VERKEEPER
Al ex M at t hi essen
RI VERKEEPER, I N C.
Joe Payne
CASCO BAYKEEPER
Br uce Rezni k
SAN D I EGO CO ASTKEEPER
M aya van Rossum
D ELAWARE RI VERKEEPER
Andy Wi l l ner
N Y/ N J BAYKEEPER
Er i ck Bozzi
CARTAGEN A BAYKEEPER BO ARD
Capt ai n Bi l l Sheehan
H ACKEN SACK RI VERKEEPER
Kar l Copl an
PACE U N I VERSI TY, EN VI RO N M EN TAL
LI TI GATI O N CLI N I C
Fer nando Rey
CARTAGEN A BAYKEEPER BO ARD
Deb Sel f
BAYKEEPER, I N C.
Cher yl N enn
M I LWAU KEE RI VERKEEPER
M ur r ay Fi sher
H O N O RARY M EM BER
Ri char d J. Dove
H O N O RARY M EM BER
Board of Trustees
Richard Dean Anderson
Gordon Brown
M ichael Budman
Ann Colley
John Paul DeJoria
F. Daniel Gabel, Jr.
Tom Gegax
Jami & Klaus von H eidegger
Thomas H oust on
Karen Lehner
Karen Percy Lowe & Kevin Lowe
Paul Polizzot t o
Glenn R. Rink
Laura & Rut herford Seydel
Joan Irvine Smit h
Terry Tamminen
William B. Wacht el
Staff
St eve Fl ei schl i
EXECU TI VE D I RECTO R
Susan Sander son
D EVELO PM EN T D I RECTO R
Scot t Edwar ds
LEGAL D I RECTO R
M ar c Yaggi
D I RECTO R O F WATERKEEPER SU PPO RT
Eddi e Scher
CO M M U N I CATI O N S D I RECTO R
Jef f r ey Odef ey
STAFF ATTO RN EY
Laur en Br own
STAFF ATTO RN EY
Wi l l i am Ger l ach
STAFF ATTO RN EY
Cat e Whi t e
O PERATI O N S M AN AGER
Janel l e H ope Robbi ns
STAFF SCI EN TI ST
M ar y Bet h Post m an
ASSI STAN T TO TH E PRESI D EN T
Shar on Khan
EN VI RO N M EN TAL ECO N O M I ST
Bandana M al i k
CO M M U N I CATI O N S ASSO CI ATE
Edi t h Vi l l agom ez
EXECU TI VE ASSI STAN T
Fr anci sco Ol l er vi des
SEN I O R FI ELD CO O RD I N ATO R
Em i l y Eggi nt on
FI ELD CO O RD I N ATO R
8 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
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Who is
Waterkeeper
Alliance?
We are investigators,
scientists, educators,
lawyers and advocates.
O ur 157 local
Waterkeepers take
responsibility for
protecting your river,
lake or coast – enforcing
environm ental laws
and standing as the
voice for your waterway.
Waterkeepers stand up
to polluters to guarantee
clean water and the
health and prosperity of
our com m unities.
Wat er keeper Al l i ance i s pr oud t o
announce our f i r st l ocal pr ogr am s
i n Chi na. M r. Zhang Junf eng,
engi neer and exper t on Bei j i ng’ s
wat er ways, i s t he Bei j i ng N or t h
Canal Wat er keeper. M s. Yun
Ji anl i , a l eadi ng voi ce f or Chi nese
wat er ways and a l ong-t i m e
cham pi on of t he H an Ri ver and
t he peopl e l i vi ng al ong i t s banks, i s
t he M i ddl e H an Wat er keeper. They
ar e suppor t ed by a st r ong t eam of
advocat es i ncl udi ng i nt er nat i onal l y
accl ai m ed j our nal i st and aut hor i t y
on Chi na’ s wat er pr obl em s M a
Jun, pi oneer i ng envi r onm ent al
l awyer Chen Yuechi n and f ounder
of Bei j i ng-based Gr een Ear t h
Vol unt eer s Wang Yongchen. We
ar e exci t ed t o wel com e Chi na’ s
m ost i nspi r i ng and gr oundbr eaki ng
envi r onm ent al l eader s i nt o t he
Wat er keeper f am i l y.
M i ddl e H an Wat er keeper Yun
Ji anl i wat ches whi l e a vol unt eer
sam pl es H an Ri ver wat er. I n
t he backgr ound, Laur ence
Luo ( who spent l ast sum m er
wi t h Wat er keeper Al l i ance i n
N ew Yor k) speaks wi t h N Y/ N J
Baykeeper Andy Wi l l ner.
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 9
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Jay-Z & Kofi Annan
Water for Life
Robert F. Kennedy, Jr.
Letter from the President
Industrial Cooling and Massive Ecological Destruction
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CLEAN WATER • STRONG COMMUNITIES • CITIZEN ACTION
fifi Splashback fififififififififififififififififi
On Januar y 26, j ust days af t er t he Wat erkeeper m agazi ne
wi nt er i ssue on I ndust r i al Cool i ng and Ecol ogi cal
Dest r uct i on hi t newsst ands, a f eder al cour t r ul ed
i n our f avor i n t he case ar gued i n cour t and
descr i bed i n t he i ssue by Reed Super.
“ Thi s deci si on wi ll gi ve t he
mi lli ons of Lake Eri e fi sh
and bi lli ons of fi sh eggs a
chance. They can no longer
argue t hat i t i s OK t o ki ll fi sh
because of economi cs. And best of all,
t he fi sh wi ll come back once t he cooli ng
t owers are i n place.”
Sandy Bihn, Western Lake Erie Waterkeeper
N EW YO RK, N Y – A t hr ee-j udge p an el
of t he U.S. Cour t of Ap p eal s f or t he
Secon d Ci r cui t r ul ed yest er day t hat EPA
can n ot al l ow p ower p l an t s t o ki l l a t r i l -
l i on fi sh p er year t hr ough t hei r cool i n g
wat er i n t akes. Cool i n g wat er i n t akes
gul p i n bi l l i on s of gal l on s of r i ver, l ake
an d coast al wat er t o cool p ower p l an t
m achi n er y. Al on g wi t h t he wat er, t hese
i n t akes devour coun t l ess fi sh an d fi sh
l ar vae, devast at i n g fi sh p op ul at i on s
acr oss t he coun t r y.
I n a m aj or vi ct or y f or envi r onm ent al -
i st s, fi sher m en and t he publ i c, t he cour t
f ound t hat r egul at i ons i ssued by EPA i n
2004 i m pr oper l y r ej ect ed “ cl osed cycl e
cool i ng,” a t echnol ogy t hat cool s pl ant
m achi ner y whi l e near l y el i m i nat i ng t he
need f or l ar ge i nf usi ons of f r eshwat er.
Thi s t echnol ogy al so gr eat l y r educes t he
m assi ve fi sh ki l l s associ at ed wi t h power
pl ant oper at i ons. The cour t al so f ound
t hat EPA vi ol at ed t he l aw by pl aci ng t he
pr ofi t s of power com pani es above t he
pr ot ect i on of Am er i ca’ s fi sher i es, def yi ng
t he di r ect m andat e of Congr ess i n 1972 t o
EPA t o st op t hese unnecessar y i m pact s.
“ Thi s hi st or i c deci si on val i dat es what
t he envi r onm ent al com m uni t y has been
sayi ng f or decades,” sai d Al ex M at t hi es-
sen, H udson Ri ver keeper and Pr esi dent
of Ri ver keeper, I nc. “ The Cl ean Wat er
Act r equi r es use of t he best t echnol ogy
avai l abl e. By i gnor i ng t hat r equi r em ent
EPA has t hwar t ed t he wi l l of Congr ess
and r epeat edl y f ai l ed t o pr ot ect fi sh and
wi l dl i f e f r om needl ess devast at i on at t he
hands of power pl ant s.”
“ Once agai n t he court s have prevent ed
EPA from rewri t i ng t he Cl ean Wat er Act at
t he behest of i ndust ry,” sai d Reed Super, Se-
ni or Cl i ni cal St aff At t orney at Col um bi a Law
School ’ s Envi ronm ent al Law Cl i ni c and l ead
at t orney for t he Envi ronm ent al Pet i t i oners.
St eve Fl ei schl i , Execut i ve Di r ect or of
Wat er keeper Al l i ance expl ai ned, “ Wat er -
keeper Al l i ance fi l ed t hi s l awsui t because
EPA has i gnor ed t he Cl ean Wat er Act
by al l owi ng power pl ant s t o ki l l bi l l i ons
of fi sh each day. The sol ut i ons t o t hi s
pr obl em have been avai l abl e, af f or dabl e
and i n com m on use f or decades. Wi t h
t hi s vi ct or y, t hi s i ndi scr i m i nat e and i l l egal
sl aught er shoul d now st op.”
The Q uick and the
WE WIN
“ Reed Super was t he wi nni ng quart er-
back – t hanks t o hi s t enaci t y and
i nt elli gence, we succeeded.”
John Torgan, Narragansett Baykeeper
Federal Court Finds M assive Power Plant Fish Kills I llegal
EPA f aul t ed f or pl aci ng power pl ant pr of i t s over publ i c t r ust
FOR I M M EDI ATE RELEASE, Januar y 26, 2007
10 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
WATERKEEPER WATERKEEPER
ROBERT F. KENNEDY, JR. LEONARDO DICAPRIO CATHERINE CRIER
WINTER 2005
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Setting Precedent
On M ar ch 5, j ust weeks af t er t he f eder al cour t deci si on, a cour t i n Wi scon-
si n over t ur ned a st at e agency deci si on on cool i ng t echnol ogy i n a m assi ve
new coal -fi r ed power pl ant on Lake M i chi gan. The st at e cour t or der ed
t he agency t o m ake a new deci si on t hat com por t s wi t h t he Januar y 2007
Ri ver keeper v. EPA case.
The El m Cr eek Power
Pl ant i n Wi sconsi n wi l l be
f or ced t o i nst al l cool i ng
t echnol ogy t hat saves f i sh
and aquat i c l i f e.
N
£
fififififififififififififififififififififififififi
“ We plan t o t ake t he boat out over t he
old i nt ake and t oast t o t he fut ure recovery
of our beloved bay: t he sea t urt les, seals,
sharks, sea li ons, rays and kelp forest s —
and t he mi lli ons upon mi lli ons of fi sh.”
Santa Monica Baykeeper Tracy Egoscue
“ For t hree decades PSE& G has
been get t i ng away wi t h murder
at i t s Salem N uclear Generat i ng
St at i on – needlessly ki lli ng
t hree bi lli on Delaware Ri ver fi sh
a year. Thi s year, when N ew
Jersey i ssues a renewed permi t
t o PSE& G, t hey wi ll be forced
t o st op t he fi sh slaught er and
t o comply wi t h t he law. It i s
rewardi ng t o have a court fi nally
t ell i ndust ry, EPA and t he st at es
t hat our envi ronment and our
communi t i es must come fi rst .”
Maya van Rossum, Delaware Riverkeeper and coauthor of “The
Quick and the Dead,” the landmark 1995 law review article on
fish kills and industrial cooling
The owner of t he El Segundo Power gener at i ng st at i on i n Los Angel es, CA,
i s seeki ng per m i ssi on f r om st at e r egul at or s t o swi t ch t o a cl osed-cycl e cool -
i ng syst em . The 50-year -ol d pl ant i s bei ng r ebui l t and or i gi nal l y pl anned
on usi ng 127 bi l l i on gal l ons of bay wat er a year f or cool i ng. The pl ant wi l l
r est ar t i n 2010 wi t h cool i ng t ower s t hat wi l l dr ast i cal l y r educe t he ki l l i ng of
fi sh and m ar i ne l i f e.
El Segundo
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 11
{{Ripples }}}}}}
A
set t l em ent i n a l awsui t br ought by Ogoochee
Canoochee Ri ver keeper and Al t am aha Ri ver -
keeper com pel s devel oper s ar ound a Super Wal -M ar t
com pl ex t o pr eser ve m or e t han 15 acr es of wet l ands
and st r eam s t hat fl ow i nt o t he near by Ohoopee Ri ver.
The l awsui t was br ought af t er devel oper, Pi ne Tr ee I I ,
i l l egal l y t r enched a st r eam , r em oved a st r eam buf f er,
fi l l ed i n wet l ands and vi ol at ed f eder al l aw by di schar g-
i ng excessi ve am ount s of di r t i nt o t he sur r oundi ng
st r eam s and a downst r eam l ake.
Devel opm ent i n t he Swai nsbor o ar ea has expl od-
ed i n r ecent year s, as have ci t i zen com pl ai nt s about
pol l ut i on. The 15 acr es of per m anent l y pr ot ect ed
wet l ands and st r eam s wi l l hel p t r eat st or m wat er,
pr event downst r eam fl oodi ng and pr ovi de vi t al
wi l dl i f e habi t at .
Sci ent i st s at t he Uni ver si t y of N or t h Car ol i na, Ther m o
Sci ent i fi c and t he Ohi o N et wor k f or t he Chem i cal l y
I nj ur ed have cr eat ed a new l ow-cost heavy m et al t est -
i ng pr ogr am . The pr ogr am al l ows anyone t o t est t he
l evel s of t oxi c m et al s i n t hei r hom e, school or wor k
envi r onm ent s. Sam pl es ar e anal yzed f or 26 di f f er ent
heavy m et al s i ncl udi ng m er cur y, l ead and chr om i um
usi ng i nnovat i ve x-r ay t echnol ogy.
The pr ogr am i s par t of r esear ch on t he l i nk be-
t ween heavy m et al s and heal t h pr obl em s. I dent i fi -
cat i on of t he sour ces of t he heavy m et al s can hel p
r educe or el i m i nat e unnecessar y exposur es and can
pr event di seases and i nj ur i es. Chr oni c dai l y exposur e
can cause per m anent heal t h dam age. For f ur t her
i nf or m at i on vi si t t he Det ect and Pr ot ect Pr oj ect at :
www.ohi onet wor k.or g
Cal i f or ni a Coast keeper Al l i ance, a pl ai nt i f f i n t he f eder al cour t deci si on t hat
or der ed power pl ant s t o st op ki l l i ng t r i l l i ons of fi sh t hr ough once-t hr ough cool -
i ng t echnol ogy, i s m aki ng t he cour t ’ s deci si on a r eal i t y i n Cal i f or ni a.
To oper at e t he t hr ee Sout her n Cal i f or ni a coast al power pl ant s t hat use
once-t hr ough cool i ng, t he St at e Lands Com m i ssi on l eases l and f r om t he pub-
l i c. Fol l owi ng t he cour t ’ s deci si on i n Januar y, Cal i f or ni a Coast keeper qui ckl y
dr af t ed com m ent s dem andi ng t hat t he l eases be r eopened wi t hi n fi ve year s t o
ensur e an expedi t ed publ i c r evi ew of t he cont i nued need f or t hose syst em s.
The Coast keeper and par t ner s al so cal l ed f or annual r epor t s on t he pl ant s’
com pl i ance t o be cl ear l y post ed on t he I nt er net , and asked t he Com m i ssi on
t o del et e a r ul e t hat i t conduct an addi t i onal r evi ew of t he “ f easi bi l i t y” of new
316( b) r equi r em ent s. The Chai r of t he Com m i ssi on, i ncom i ng Lt . Gover nor
John Gar am endi and t he ot her com m i ssi oner s appr oved t hese changes unani -
m ousl y and added t hat t he pl ant s m ust account f or any publ i c sand l ost as a
r esul t of power pl ant si t i ng.
Fi nal l y, as a r esul t of a Coast keeper Al l i ance exposé l ast year on t he vi r t ual l y
nonexi st ent l ease f ees pai d by weal t hy pl ant oper at or s — a m er e $18 t o $42
per year f or t wo of t he l eases r evi ewed — t he Com m i ssi on r ai sed t he l ease
f ees t o $82,000 and $350,000/ year, a l ong-over due change t hat bet t er r efl ect s
t he val ue of t he r esour ces used.
Above: Devel oper s
i l l egal l y t r enched a
st r eam and f i l l ed i n
wet l ands.
Super Wal-M art D evelopers
M ust O bey the Law
Q uick California Act ion on Cooling
Affordable
Heavy Metal Testing
12 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
I N D U S T R I E S
{{{{{{ Ripples }}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}
H ackensack
Ri verkeeper
H ackensack Ri ver keeper
Capt ai n Bi l l Sheehan
was honor ed by Ber gen
Cat hol i c H i gh School at
t hei r 50t h Anni ver sar y
speci al awar ds l uncheon
i n Tenafl y, N J, f or t he
pi vot al r ol e hi s envi r on-
m ent al educat i on t our s
have pl ayed i n i nfl uenc-
i ng publ i c pol i cy deci -
si ons i n Ber gen Count y.
Georgi a Ri verkeepers
The Geor gi a Ri ver
N et wor k, whi ch wor ks
t o em power Geor gi ans
t o pr ot ect t hei r r i ver s,
r ecogni zed Ogeechee
Canoochee Ri ver keeper
Chandr a Br own as Con-
ser vat i oni st of t he Year,
cal l i ng her an exem pl ar y
or gani zer and cham pi on
f or her wat er shed as wel l
as al l of coast al Geor gi a.
The N et wor k pr ai sed
Al t am aha Ri ver keeper
as Wat er shed Gr oup of
t he Year.
Upper and Lower
N euse Ri verkeepers
The N euse Ri ver
Foundat i on was r ecog-
ni zed as Conser vat i on
Or gani zat i on of t he
Year f or 2006 dur i ng t he
45t h Annual Gover nor ’ s
Achi evem ent Awar ds
of t he N or t h Car o-
l i na Wi l dl i f e Feder at i on
Banquet hel d i n Ral ei gh.
The Foundat i on and t he
t wo N euse Ri ver keeper s
wer e com m ended f or
t hei r cont i nued wor k t o
pr eser ve t he heal t h of
t he N euse Ri ver.
On Sat ur day, Febr uar y 25, I ndi an
Ri ver keeper m em ber s j oi ned Beach-
wal ker s St ei n Kr et si nger and Rober t
Wei nm an as t hey t r aver sed Fl or i da’ s
Tr easur e Coast on t hei r way f r om
M i am i t o N ew Yor k by f oot and kayak.
The pai r i s m aki ng t he 1,600 m i l e
t r i p t o r ai se awar eness of t he need
t o pr ot ect coast al wat er s and t o r ai se
f unds f or Wat er keeper Al l i ance and
Wat er keeper pr ogr am s.
N EWEST
WATERKEEPERS!
Wi l l i am Joseph Tor gan was bor n on
August 31, 2006 t o N ar r aganset t
Baykeeper John Tor gan and hi s
wi f e Ji l l i an at 8 l bs. and 15 oz. H i s
passi ons i ncl ude hi s m om , f ood
and r eggae m usi c.q
H ON ORS
Supremes Uphold
Trout Creek Case
T
he U.S. Supr em e Cour t af fi r m ed a st unni ng
vi ct or y f or fi sher m en and cl ean wat er advocat es
i n t he H udson Ri ver wat er shed t hi s Febr uar y. The
hi gh cour t deni ed t he appeal of a l ower cour t deci -
si on st oppi ng N ew Yor k Ci t y f r om pol l ut i ng Esopus
Cr eek, a pr i st i ne, wor l d-r enowned t r out st r eam i n t he
Cat ski l l M ount ai ns.
I n M ar ch 2000, a coal i t i on of fi shi ng and envi r on-
m ent al gr oups i ncl udi ng Ri ver keeper, sued t o st op
t he N ew Yor k Ci t y Depar t m ent of Envi r onm ent al
Pr ot ect i on f r om oper at i ng a t unnel t hat di schar ged
pol l ut ed wat er i nt o Esopus Cr eek. The ci t y vi ol at ed
t he Cl ean Wat er Act by t r ansf er r i ng wat er wi t h hi gh
l evel s of sedi m ent t hr ough t he 18-m i l e Shandaken
t unnel t o Esopus Cr eek wi t hout t he r equi si t e Cl ean
Wat er Act per m i t . The ci t y’ s oper at i on of t he t unnel
t ur ned t he cl ear Esopus Cr eek m ur ky br own, dest r oy-
i ng i t s r enowned t r out fi sher y.
I n Oct ober 2001 and agai n i n June 2006, a f eder al
cour t unani m ousl y hel d t hat t r ansf er s of pol l ut ed wa-
t er bet ween st r eam s i n di f f er ent wat er sheds r equi r es
a Cl ean Wat er Act pol l ut i on per m i t — whi ch t he ci t y
f ai l ed t o obt ai n.
“ The Supr em e Cour t ’ s act i on confi r m s t hat any
t r ansf er of pol l ut ant s bet ween di st i nct and uncon-
nect ed wat er bodi es wi t hout a per m i t i s i l l egal . Our
t i r el ess ef f or t s over t hese l ast seven year s have af -
fi r m ed t he pl ai n l anguage and i nt ent of t he Cl ean Wa-
t er Act ,” sai d Dani el Est r i n, Super vi si ng At t or ney at
t he Pace Law School Envi r onm ent al Li t i gat i on Cl i ni c.
Wi t h t he r esol ut i on of t hi s case, t he N ew Yor k’ s
Depar t m ent of Envi r onm ent al Pr ot ect i on m ust pay a
$5,225,000 penal t y t o t he U.S. Tr easur y f or vi ol at i ng
t he Cl ean Wat er Act .
A com par i son of downst r eam ( l ef t ) and upst r eam ( r i ght )
por t i ons of Esopus Cr eek. Local f i sher m en began t o cal l t hi s
downst r eam st r et ch “ Yoo-hoo Cr eek” af t er t he chocol at e dr i nk.
Beachwalk
pN oah Reed Revel l was bor n t o
I nl and Em pi r e Wat er keeper M andy
Revel l on Febr uar y 10

at 6 l bs. 7 oz.
and 19 i nches l ong.
14 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
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Roads &
Tyranny
On Januar y 30, Sat i l l a
Ri ver keeper Boar d M em -
ber Kat hy Wai nr i ght was
cut shor t and ej ect ed i n
handcuf f s f r om a Br ant -
l ey Count y Com m i ssi on
m eet i ng as she t r i ed t o
m ake headway wi t h t he
Chai r m an Ter r y Thom as
on cr i t i cal r oad i ssues
f aci ng t he count y.
Roads i n Br ant l ey
Count y ar e a m aj or
concer n. The 700 m i l es
of di r t r oads t hat weave
t hr ough Br ant l ey ar e
hom e t o near l y a t hi r d of
t he count y’ s popul a-
t i on. School s, r esi dent s,
ut i l i t y pr ovi der s and t he
Sat i l l a Ri ver ar e r egul ar l y
af f ect ed by m i sm anage-
m ent of t he r oads. When
Kat hy r ai sed t he Count y
Com m i ssi on’ s unwi l l i ng-
ness t o budge over t he
i ssue at t he m eet i ng,
Thom as cut her of f
bef or e her t i m e l i m i t
was up. Kat hy def ended
her r i ght t o cont i nue,
but Thom as dem anded
t hat she pr om i se not t o
speak f or t he r est of t he
m eet i ng. When Kat hy
r ef used, Thom as cal l ed
t he Br ant l ey Count y
Sher i f f ’ s Of fi ce and t he
N ahunt a Pol i ce Depar t -
m ent t o have her hand-
cuf f ed and r em oved
f r om t he m eet i ng r oom .
She was qui ckl y bai l ed
out by l ocal r eal t or and
Chai r m an of t he Ai r por t
Com m i ssi on M ar y Gi b-
son. Sat i l l a Ri ver keeper
and Wat er keeper Al l i -
ance com m end Kat hy’ s
backbone and wi l l i ng-
ness t o st and up f or
our r i ght s and speak
t r ut h t o power.
Pol l ut ed r unof f i s t he num ber one sour ce of wat er pol l ut i on i n t he nat i on and
i n Puget Sound. A l awsui t fi l ed agai nst t he st at e by Puget Soundkeeper Sue
Joer ger wi l l hol d of fi ci al s account abl e f or t he dam age pol l ut ed r unof f causes
t o her wat er shed. Sue has enl i st ed a t eam of t op-fl i ght at t or neys t o chal l enge
a pol l ut i on per m i t t hat r el i es on expensi ve, i nef f ect i ve engi neer i ng m et hods
t o t r eat or sl ow down st or m wat er, r at her t han m or e ef f ect i ve and af f or dabl e
m et hods t hat can el i m i nat e
st or m wat er r unof f al t oget her.
These advanced ‘ gr een’ t ech-
nol ogi es have been adopt ed
i n ot her st at es and r epr esent
Puget Sound’ s best hope f or r e-
cover y. The Puget Soundkeeper
Al l i ance i s cur r ent l y i nvol ved i n
26 Cl ean Wat er Act ci t i zen sui t s
agai nst egr egi ous i ndust r i al
st or m wat er pol l ut er s.
CRI M E AN D PU N I SH M EN T
Three Years Later — Russian
Riverkeeper Boat Returns
Thi s Januar y, Russi an Ri ver keeper Don M cEnhi l l
r ecei ved a cal l f r om t he Cal i f or ni a H i ghway Pat r ol .
Appar ent l y, som eone t r i ed t o r egi st er Russi an
Ri ver keeper ’ s pat r ol boat , st ol en f r om Don’ s dr i ve-
way t hr ee year s ago, i m m edi at el y af t er t he gr oup
bust ed a m aj or m i ni ng fi r m f or a per m i t vi ol at i on.
The boat was i n al m ost t he sam e condi t i on as i t
was when st ol en, except f or scr apes wher e decal s
wer e l ocat ed. The m an who r egi st er ed t he boat sai d
t hat he got i t “ f r om som eone f or f r ee, who got i t
f r om som eone el se, who got i t f r om som eone el se,
who ‘ f ound’ i t .” Af t er som e t ouch ups, t he Russi an
Ri ver keeper boat wi l l be back on t he wat er.
Crime Doesn’t Pay on San Francisco Bay
Year s ago, San Fr anci sco Baykeeper bust ed a sm al l
shi pyar d t hat was dr edgi ng at ni ght and dum pi ng
t he heavy-m et al wast e out si de. Shor t l y af t er war ds
Baykeeper ’ s boat was br oken i nt o, t hei r GPS, dept h
sounder and r adar wer e st ol en and t hei r l og book
was shr edded and t hr own i nt o t he bay.
Baykeeper r epor t ed t he cr i m e t o EPA’ s Cr i m i -
nal I nvest i gat i on ser vi ce. EPA sent i n a t eam who
r em oved al l of t he shi pyar d’ s r ecor ds and fi l ed a
cr i m i nal case, whi ch ul t i m at el y r esul t ed i n t he fi r st
cr i m i nal convi ct i on f or an envi r onm ent al i nci dent
on t he bay. The shi pyar d owner was sent enced t o
one year i n j ai l and hi s assi st ant sent enced t o si x
m ont hs f or t he envi r onm ent al cr i m e.
Lar ge hol es cut i nt o t he
l ower si de of t he boat .
Delaware Riverkeeper Boat Stolen and Vandalized
Last f al l , Pennsyl vani a Yacht Cl ub m em ber s and of fi ci al s i n Bensa-
l em , PA, f ound Del awar e Ri ver keeper ’ s pat r ol boat 20 m i l es nor t h
of i t s hom e dock i n Phi l adel phi a. Ri ver keeper r ecover ed t he 18-f oot
fi ber gl ass pat r ol vessel , whi ch had been st r i pped of i t s el ect r oni cs,
gear shaf t and m ot or. Lar ge gashes and hol es had been cut i nt o t he
boat ’ s hul l i n m ul t i pl e l ocat i ons — per haps an ef f or t t o si nk t he boat .
The Ri ver keeper pat r ol boat was t he onl y boat t aken f r om t he m a-
r i na t hat day and no unusual behavi or was obser ved. The quest i on
r em ai ns unanswer ed whet her t he vandal i sm was done i n r et al i at i on
f or Del awar e Ri ver keeper ’ s fi r m st ance on i ssues t o pr ot ect Del awar e Bay, such
as t hei r opposi t i on t o deepeni ng t he r i ver or t he devel opm ent of Pet t y’ s I sl and.
I f you have m or e i nf or m at i on, or woul d l i ke t o m ake a donat i on t owar ds a new
boat go t o www.del awar er i ver keeper.or g
M arsh I sland Restored/
Returned to the Public
Twent y-t wo acr e M ar sh
I sl and i n N ew Bedf or d, M A,
wi l l now be per m anent l y
pr ot ect ed af t er Buzzar ds
Baykeeper and par t ner s
secur ed t he l ast r em ai ni ng
ei ght acr es. The i sl and was
once a r i ch coast al habi t at
dom i nat ed by a l ar ge sal t
m ar sh and t wo t i dal cr eeks.
But t he i sl and si gni fi cant l y
det er i or at ed af t er becom i ng
a dr edge spoi l s di sposal si t e
i n t he l at e 1930s and ear l y
1950s. Wi t h t he si t e now
f ul l y pr ot ect ed, pl ans ar e
under way t o r est or e t he sal t
m ar sh and m ake t he i sl and
accessi bl e t o t he publ i c f or
r ecr eat i on.
St or m dr ai n at t he m out h of Longf el l ow Cr eek. A t hr ee year st udy docum ent ed t hat up t o 90
per cent of f em al e Coho sal m on ent er i ng t he ur ban cr eek di ed pr i or t o spawni ng because of
cont act wi t h t oxi c st or m wat er.
L
E
O

S
H
A
W
Seattle Stormwater on Trial
16 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
Ccverncr ArncId Schwarzeneccer and
President Cecrce W. Bush
named as two oI the "most inIluential" in Clobal Climate Change.
5ee why, plus get daily stories, blogs and videos representing
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Al gae f r om nut r i ent pol l ut i on
( above) chokes t he r i ver
downst r eam of t he S.I .L.
pl ant ( bel ow) .
{{{{{{ Ripples }}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}
O
n Febr uar y 22, H onor abl e Judge Jam es V. Lane
r ul ed f avor abl y on t he St at e of Vi r gi ni a’ s l awsui t
agai nst t he S.I .L. wast ewat er t r eat m ent pl ant i n
Ti m ber vi l l e, VA. Shenandoah Ri ver keeper,
Pot om ac Ri ver keeper and Wat er keeper
Al l i ance i ni t i at ed t he case t hat st at e
of fi ci al s l at er t ook over on behal f of
t he peopl e of Vi r gi ni a.
Judge Lane’ s deci si on wi l l f or ce
t he wast ewat er t r eat m ent f aci l i t y t o
t ake i m m edi at e st eps t o upgr ade
t r eat m ent equi pm ent and el i m i -
nat e i l l egal di schar ges.
“ Though t he cour t ’ s r ul i ng i s a
t em por ar y i nj unct i on, m any of t hese
changes wi l l l i kel y r esul t i n a per m anent i m -
pr ovem ent i n downst r eam wat er s,” sai d Bi l l Ger l ach,
Wat er keeper Al l i ance st af f at t or ney. Judge Lane set
t he hear i ng f or t he Per m anent I nj unct i on f or Jul y.
The owner of t he wast ewat er t r eat m ent pl ant has
fi l ed f or Chapt er 11 Reor gani zat i on under f eder al
bankr upt cy l aw. “ The f aci l i t y ar gued i t needs bank-
r upt cy pr ot ect i on t o r eor gani ze and m ake t he needed
upgr ades,” says Shenandoah Ri ver keeper Jef f Kel bl e.
“ We j ust want t hem t o do what ever i t t akes t o st op
t hi s pol l ut i on. These i m pr ovem ent s, al ong wi t h st eps
t hat f ar m er s and ot her s i n t he wat er shed ar e t aki ng,
wi l l m ake a bi g di f f er ence i n t he heal t h of t he N or t h
For k Shenandoah Ri ver and Chesapeake Bay.”
Thi s l i t i gat i on was i ni t i at ed by Shenandoah Ri ver -
keeper, Pot om ac Ri ver keeper and Wat er keeper Al l i -
ance on August 11, 2006. The gr oups fi l ed a not i ce
of i nt ent t o sue S.I .L. Cl eanwat er LLC, al so known
as t he N or t h For k M odul ar Recl am at i on and Reuse
Faci l i t y, under ci t i zen’ s pr ovi si ons of t he Cl ean Wat er
Act . The envi r onm ent al gr oups’ r esear ch showed
t hat S.I .L. Cl eanwat er am assed ast oundi ng vi ol at i ons
of annual per m i t t ed l i m i t s f or phosphor ous and
ni t r ogen r el ease i nt o t he N or t h For k Shenandoah
Ri ver over sever al year s. The gr oups’ gr eat -
est concer n was t hat S.I .L. had vi ol at ed
i t s phosphor ous l i m i t s by about 900
per cent dur i ng 2005, whi ch m eans
t hey had r el eased near l y 56,960
pounds m or e phosphor ous t han t hey
wer e al l owed under t he l aw dur i ng a
si ngl e year. They al so vi ol at ed t hei r
phosphor ous di schar ge by m or e t han
300 per cent i n 2004 and 500 per cent
i n 2006. Ther e wer e al so a host of vi ol a-
t i ons r el at i ng t o r aw sewage over fl ows.
As a par t of t he pendi ng case Shenandoah
Ri ver keeper wor ked t o docum ent t he envi r onm ent al
degr adat i on of t he N or t h For k associ at ed wi t h t hese
i l l egal di schar ges. Shenandoah Ri ver keeper col l ect ed
wat er sam pl es above and bel ow t he pl ant ’ s out fl ow.
Cer t i fi ed l ab r esul t s showed subst ant i al i ncr eases
i n ni t r ogen and al ar m i ng am ount s of phosphor ous
— up t o 140 t i m es gr eat er bel ow t he out fl ow. Shenan-
doah Ri ver keeper al so gat her ed evi dence of m assi ve
al gae gr owt h i n r ocky r i f fl es bel ow t he di schar ge,
wher e l i t t l e or no such al gae was pr esent upr i ver.
The Cl ean Wat er Act ci t i zen sui t l egal provi si ons re-
qui re t hat ci t i zens fil e a ‘ not i ce of i nt ent t o sue’ wi t h t he
pol l ut er and t he st at e, and t hen al l ow 60 days before
m ovi ng forward wi t h a l awsui t . I n t hi s case, t he Vi rgi ni a
At t orney General fil ed t hei r own l awsui t agai nst S.I .L.,
preem pt i ng t he Ri verkeepers’ ci t i zen sui t .
“ Concer ns we had about t he Vi r gi ni a t aki ng over
t hi s case wer e al l evi at ed by t he At t or ney Gener al ’ s ag-
gr essi ve pr osecut i on of t he case,” sai d Shenandoah
Ri ver keeper Jef f Kel bl e.
Sout h Ri ver keeper Dr ew Kosl ow was
r unni ng an er r and near an out f al l i n
t he Annapol i s Town Cent er t hi s Janu-
ar y when he pul l ed over and got out
of hi s car. For weeks, Dr ew suspect ed
t hat i l l egal di schar ges wer e happen-
i ng r egul ar l y f r om t he out f al l , but
want ed t o cat ch t he pol l ut er s i n t he
act . Dr ew f ound m uddy wat er fl owi ng
f r om a const r uct i on si t e t hr ough
t he out f al l . Dr ew not i fi ed t he Count y
I nspect i ons and Per m i t s Of fi ce
who caught a cont r act or pum pi ng
wat er f r om one sedi m ent t r ap i nt o
anot her, causi ng t he r ecei vi ng t r ap
t o over fl ow. The cont r act or was fi ned
$500 and was r equi r ed t o st op pum p-
i ng wat er i m m edi at el y.
Court Rules O n Shenandoah N utrient Pollution
End in Sight :
Sout h Ri ver keeper caught
pol l ut er s r ed-handed af t er
er r at i c wat er -qual i t y t est s
si gnal ed pol l ut i on.
Cont ract or Fi ned
18 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
T
hi s Januar y chem i cal gi ant Dupont announced
t hat i t woul d pul l out of a U.S. Ar m y pl an
t o dum p bypr oduct s of a deadl y chem i cal
weapon i n t he Del awar e Ri ver. The pl an
cal l ed f or t he t r anspor t at i on of 1,250
t ons of t he ner ve agent VX hydr o-
l ysat e f r om I ndi ana t o Deepwat er,
N J f or t r eat m ent and di sposal .
VX i s one of t he deadl i est ner ve
agent s ever pr oduced and pr es-
ent s a di sposal chal l enge because
i t i s di f fi cul t t o br eak down, hi ghl y
fl am m abl e and not uni f or m i n i t s con-
st i t uent s. The t r anspor t at i on and di sposal
of t he wast e woul d have ser i ousl y endanger ed
aquat i c l i f e and t he publ i c heal t h of m i l l i ons.
Si nce t he pl an fi r st sur f aced i n 2004, N J el ect ed
of fi ci al s have r em ai ned st eadf ast i n t hei r opposi t i on
t o t he pl an t o t r eat VX bypr oduct s at Dupont ’ s Sal em
Count y f aci l i t y and dum p t he wast e i nt o t he Del awar e
Ri ver. The fi nal bl ow t o t he pl an cam e when Del awar e
Ri ver keeper and co-pl ai nt i f f s f r om N ew Jer sey, Penn-
syl vani a, Del awar e and Kent ucky fi l ed a com pl ai nt i n
f eder al di st r i ct cour t agai nst t he Ar m y i n Decem ber.
The l awsui t chal l enged t he Ar m y’ s pl an t o i m por t on
t he gr ounds t hat f eder al l aw bans t he t r anspor t a-
t i on of chem i cal weapons acr oss st at e l i nes.
Del awar e Ri ver keeper al so cal l ed on t he
Ar m y t o com pl et e an envi r onm ent al
i m pact st at em ent f or t he pr oj ect . Unt i l
t hen, t he Ar m y had not under t aken
t he necessar y st udi es on t he pr oj ect ’ s
i m pact on t he Del awar e Ri ver and t he
sur r oundi ng envi r onm ent . On Fr i day,
Januar y 5, Dupont m ade t he unexpect -
ed announcem ent t hat i t woul d pul l out
of t he pr oposed t r eat m ent pr oj ect put t i ng
an end t o t he pr oposal .
I ni t i al l y, t he U.S. gover nm ent had pl ans t o de-
st r oy t he wast e onsi t e i n I ndi ana, but t he f aci l i t y t her e
had yet t o be bui l t and t he f eder al adm i ni st r at i on
sought a f ast er way t o di spose of t he wast e af t er t he
at t acks of Sept em ber 11, 2001.
Del awar e Ri ver keeper has asked t he Ar m y t o
dest r oy t he VX onsi t e i n I ndi ana usi ng t he m ost
envi r onm ent al l y saf e m et hod possi bl e and wi l l
cont i nue t o f ol l ow t he i ssue t o ensur e t hat t he Ar m y
saf eguar ds t he publ i c and t he envi r onm ent .
{{{{{{ Ripples }}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}
For over a decade SRB Technol ogi es — a com pany
t hat m akes gl ow i n t he dar k si gns — has been f oul i ng
t he ai r and gr oundwat er of Pem br oke, Ont ar i o wi t h
r adi oact i ve t r i t i um . Local r esi dent s can no l onger eat
veget abl es f r om t hei r gar dens due t o danger ous l evel s
of t r i t i um , whi l e gr oundwat er at t he si t e i s cont am i -
nat ed f ar beyond Canadi an dr i nki ng wat er gui del i nes.
The com pany pl anned t o sol ve t he pr obl em by
di ver t i ng t he t oxi c st ack dr i ppi ngs and gr oundwat er
t hr ough Pem br oke’ s sewage t r eat m ent pl ant i nt o
t he Ot t awa Ri ver — di l ut i ng t he pol l ut i on r at her
t han cl eani ng up t hei r m ess. The Concer ned Ci t i zens
of Renf r ew Count y and Ot t awa Ri ver keeper al er t ed
m edi a out l et s and t he publ i c on t he com pany’ s
m i sgui ded pl ans. Af t er a t wo-day hear i ng, t he Ca-
nadi an N ucl ear Saf et y Com m i ssi on of fi ci al l y deni ed
SRB Technol ogi es l i cense t o pr ocess t r i t i um at i t s
Pem br oke f aci l i t y.
Sel f -power ed, non-el ect r i c exi t
si gns gl ow by r adi oact i vi t y.
At l east 400,000 si gns i n U.S.
school s, hospi t al s, ai r pl anes,
m al l s and m ovi e t heat er s
ar e l i t by t he sl ow decay of a
r adi oact i ve i sot ope — t r i t i um .
Radioactive Sign
Del awar e
Ri ver keeper Deput y
Di r ect or Tr acy
Car l ucci o addr esses
pr ot est er s of a
danger ous chem i cal
weapons wast e
di sposal pl an i n
spr i ng 2006.
The ext r em el y l et hal ner ve
agent VX has been st or ed
si nce 1969 i n 1,269 st eel
cont ai ner s at t he N ewpor t
Chem i cal Depot i n west er n
I ndi ana.
A
P

P
H
O
T
O
/
C
H
U
C
K

R
O
B
I
N
S
O
N
Chemical Weapon D umping Plan D efeated
20 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
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D ET RO I T ED
SARNIA, ONTARIO  On Wednesday, March 6,
a Canadian citizen filed criminal charges against a
U.S. power company for polluting the St. Clair Riv-
er with mercury. Scott Edwards is Legal Director of
Waterkeeper Alliance and an authority on mercury
pollution. Edwards’s complaint alleges that DTE
Energy Company’s coal-fired power plant on the
banks of the St. Clair River violates the Canadian
Fisheries Act.
DTE Energy, the parent company of Detroit
Edison, operates the St. Clair/Belle River coal-fired
power plant complex in Michigan. On average, the
facility emits 2,000 pounds of mercury each year.
A test of pollution control technology in 2004 re-
duced mercury emissions at the St. Clair plant by
94 percent. Yet, at the conclusion of the 30-day
test, DTE Energy disengaged the mercury control
technology and went back to emitting the mercury
into the air.
More than half of DTE Energy’s mercury emis-
sions land in Canada. When the mercury enters
the St. Clair River, it spreads throughout the food
chain, harmfully altering fish habitat and rendering
fish unsafe for human consumption.
Edwards alleges DTE Energy’s mercury depos-
its are illegal under Canada’s Fisheries Act and
launched a private prosecution. Private prosecu-
tions allow any Canadian citizen to independently
prosecute offences in the Canadian criminal courts.
If convicted, DTE could face fines of up to 1 mil-
lion a day. Te complaint alleges two years of viola-
tions, for potential fines up to 730 million.
“DTE has acted with a blatant disregard for
the health and welfare of Canadian citizens and
Canadian law,” states Edwards. “Tey have cho-
sen pollution over people. For minimal cost, DTE
can provide safe energy while slashing its harmful
mercury emissions. It is my hope this prosecu-
tion will result in significant reductions in DTE
Energy’s mercury emissions and a cleaner and
safer St. Clair River.”
Scott Edwards is aided in the action by two other
members of Waterkeeper Alliance, Mark Mattson
and Doug Chapman. Mattson is lead investigator
and the Lake Ontario Waterkeeper. Doug Chap-
man is lead counsel and the Fraser Riverkeeper. W
S
C
O
T
T

E
D
W
A
R
D
S
Ci t i zen f i l es act i on
t o r educe danger ous
m er cur y em i ssi ons
f r om DTE Ener gy
U .S. Power
Company
Accused O f
Canadian
Environmental
Crimes
Det r oi t Edi son’ s el ect r i c gener at i ng st at i on consi st s of t hr ee
coal -f i r ed power uni t s. One of t hese was f i t t ed wi t h m er cur y
r em oval t echnol ogy f or a U.S. EPA sponsor ed pi l ot st udy.
That t echnol ogy cut m er cur y em i ssi ons f r om t hat uni t by
up t o 93 per cent . Yet t he com pany and EPA cl ai m t hat t he
m er cur y r educt i on t echnol ogy i s not vi abl e.
They have
chosen
pollut i on
over people.
22 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
CYPRESS M U LCH
Y
our garden and the hurricane-threatened
Gulf Coast are closer then you may think.
Tis spring many gardeners will buy cypress
mulch, not realizing that the cutting of cypress
forests for mulch is destroying vital wetlands that
stabilize the coast against hurricanes, storm surges
and erosion.
Folks think that levees
are the Gulf Coast’s first
line of defense, but they
are not. We rely on our
coastal cypress forests
for hurricane protection.
Cypress wetlands absorb
water like a sponge, reduc-
ing storm surge and control-
ling flood height and speed.
Cypress wetland forests save
lives and protect coastal communi-
ties, as well as serve as critical habitat for migratory
birds and wildlife.
Most of the cypress mulch on the market to-
day is ground from whole trees, and much of the
cypress mulch comes from illegal logging. Cy-
press trees take hundreds of years to mature and
a considerable portion of these cypress forests
will never regenerate if cut. But state and federal
government offi cials turn a blind eye. Meanwhile,
retailers use creative language to convince gar-
deners that their cypress is “sustainable.” But don’t
believe what’s written on the bag.
Te really sad fact is that cypress mulch is not
as effective as other mulches. Te heart-
wood from mature, centuries-old,
cypress trees is rot and ter-
mite resistant. But the
mulch you buy in gar-
den retail stores comes
from trees that are far
too young to have these
qualities. A University of Florida study con-
firmed that cypress mulch isn’t any better for your
garden than pine bark or eucalyptus mulch – or
even leaf litter.
Please don’t buy cypress mulch. Choose an al-
ternative and save our cypress forests. W
Why kill a tree to grow a flower?
By M arylee M . O rr
Lower M ississippi
Riverkeeper
Car t ooni st Davi d N or wood i s
st af f ar t i st and i l l ust r at or f or
t he Bat on Rouge Advocat e.
SAY
NO
t o
CYPRESS
M ULCH
24 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
Cows are beautiful creatures, not dairy machines. That’s why we let them graze freely
in organic pastures on our family farms. We never give our cows antibiotics or synthetic
hormones to make them produce more milk. In fact, we often exceed federal organic
farming standards. By shipping milk from our cooperative farms to the nearest local
markets, we’re helping to build local systems. So our milk not only tastes good, it’s
good for you, good for cows, and good for the local economy, too.
o
r
g
a
n
i
c
v
a
l
l
e
y
.
c
o
o
p
© 2007 Organic Valley Family of Farms
WATERKEEPERS AU ST RALI A
I
n 1992, Jim Courier promised to jump in the
Yarra River if he won the Australia Tennis
Open. He did win and duly dived into the river’s
murky waters. He survived to tell the tale, but will
the Yarra survive?
Te Yarra River flows through the heart of
Melbourne – Australia’s second largest city. It is
the main source of water for the city’s three mil-
lion inhabitants and is the centrepiece of its largest
wildlife area. Despite its iconic status, historically
Melburnians have turned their backs on their river
and joked about its dirty brown water.
With support from Waterkeepers Australia,
a group of concerned citizens formed the Yarra
Riverkeeper Association in 2004 to give the Yarra
a voice in the community and with the authorities.
Volunteers do much of Yarra Riverkeeper’s activi-
ties, but in early 2006 the group purchased a small
powerboat and appointed Ian Penrose as the offi -
cial Riverkeeper.
Ask Melburnians what the problem with the
Yarra is and the most common reply will be pol-
lution. Yet, the loss of river flows due to excessive
water extraction is a more worrisome, albeit under-
appreciated, issue. Te river is now half its natural
size and, as rainfall in this dry part of the world
declines further under climate change and the city
keeps expanding, the situation for the Yarra will
only worsen.
Two years ago, the government of Victoria
— the state that sets the policy for allocating water
resources — commissioned a scientific study to ex-
amine the flows needed to keep the Yarra healthy.
During this time, Riverkeeper took a lead role in
representing the community and the river, by ac-
tively lobbying to keep the study focused and unbi-
ased. Te study concluded that the pattern of flows
have attenuated, averaging half the natural level,
and need to be restored. Te study’s recommenda-
tion? Water should be temporarily stored and later
released to stabilize the flow pattern. Consequent-
ly, the government announced that they would get
legal environmental entitlement to a small amount
of water to regulate flows.
But the government took advantage of this policy.
Over the course of the year, the government took
more water from the river to supply water to the city.
Yarra Riverkeeper was highly critical of the govern-
ment’s behavior in the media and continues to press
for the river’s needs, not just for a better flow pattern,
but also against an increase in extractions.
Te key challenge remains pressure on govern-
ment to supply water to a city whose population is
growing rapidly. Today, Melbourne is in the grip of
its worst drought on record and faces tight restric-
tions on water use. In late January, the government
made an appalling decision. Tey decided to defer
provision of the Yarra’s overdue environmental
flows until the drought is over. At the same time,
it would implement measures to take more water
from the river. Sacrificing the health of a river that
supports so many is no way to manage a drought.
Te government must find a long-term, sustainable
water strategy to keep the Yarra alive — there is no
other choice. Mark Twain once said, “Whisky is for
drinking, water is for fighting over.” Te fight for
the Yarra River continues in earnest, and the Yarra
Riverkeeper is at the vanguard. W
for
By St acey Bloom field,
Wat erkeepers Aust ralia
Yar r a Ri ver keeper
I an Penr ose on
pat r ol .
Y
A
R
R
A

R
I
V
E
R
K
E
E
P
E
R
Fighting
Flow
The key
challenge
remai ns
pressure on
government t o
supply wat er
t o a ci t y whose
populat i on
i s growi ng
rapi dly.
26 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
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nving the quality of our lives and the environment.
I
’ve always been a hunter-gatherer by nature. My
family spent summers in Point Clear, Alabama,
on the eastern side of Mobile Bay, and from the
time I was about eight a guy named Duke Cox came
most mornings to get me before dawn. Back in our
summerhouse, I used to sleep on a screen porch,
and Duke, who always knew I wanted to go fishing,
would come by and scratch on the screen before day-
light. We would go off for the day in our old wood-
en, cross-plank cypress skiff, rowing. We fished for
speckled trout, threw cast nets for mullet and gigged
flounders at night. Duke made me my first cast net
and taught me how to throw it, and I spent a lot of
time with him; he was a mentor to me.
Duke and I used to sell speckled trout and floun-
der to the fish market and when we had a jubilee,
it was like a gold mine. A jubilee is a phenomenon
that happens on the Eastern Shore of Mobile Bay
and I’m not really sure if it happens anywhere else.
Low dissolved oxygen in the water causes it, but
the conditions have to be just right. You need an
east wind and an incoming tide. I used to keep a
logbook, and if the conditions seemed right I’d stay
out all night looking for the jubilee.
When water on the bottom doesn’t have enough
oxygen all bottom dwelling fish and marine life rise
up to the surface where there is a layer of water con-
taining more oxygen. Flounder live on the bottom
don’t have swim bladders to elevate themselves in
the water very easily. So they follow the bottom all
the way up to the shore where the layer of oxygen-
ated surface water meets the beach. Soon there’s
big congregation in the shallow water along the
beach of flounder, crabs, shrimp, eels and catfish.
In the old days it was a big day when there was a ju-
bilee. Everyone started hollering ‘jubilee’ and you’d
see people out there in their pajamas, underwear
and everything, women with rollers in their hair
gigging flounders and scooping crabs and shrimp.
Eels were pretty much let alone.
Gigging is another thing. You have a wood pole
with a spear on the end and that’s what we call gig-
ging – a flounder gig. Flounders lay on the bottom,
they’re flat fish. We always tried to gig ours in the
head ‘cause old Mr. Stern at the fish market was
more likely to buy them if the body meat wasn’t
messed up.
Living here on the bay we always caught shrimp
for the table and I still do. I catch white shrimp in
my cast net right in front of the house. I’ve always
been interested in shrimping because you catch a
lot of unusual stuff. As soon as I got an outboard
motor for my boat I started shrimping even more.
Later, when I realized that I caught more shrimp
than I needed for the table and I could sell them
at the local fish market, I became a commercial
shrimper. Everyone up and down the bay wanted
shrimp to put in the freezer, so it was a good way of
making money.
When the sports fishermen began to clash with
the commercial fishermen I was on both sides of
the fence. In my opinion it’s a shame that they
spent all that money and time fighting each other. I
always thought it would be better to put that effort
into protecting the nursery areas. While everybody
was pointing fingers at each other, they were miss-
ing the bigger problems – growth and development
and pollution.
When I got out of the seafood business I started
guiding fly-fishermen, practicing catch-and-release
and using barb-less hooks. I grew up fly-fishing for
bass and bluegill in the lakes and rivers, and as a
kid we’d go offshore for dolphin. Guiding fly-fish-
ers was another way of making a living and doing
it on the water. I was really just catching them for
the fun of catching them and then I would release
them. Tis was my way of conserving, living in har-
mony with nature.
On the shrimp boats, I always saw that when
you pushed bycatch overboard there was a big con-
gregation of fish around to eat it. So I started taking
fly-fishermen out there and I’d tie flies that looked
like bycatch. I could just about guarantee that I
could take somebody out there and catch all differ-
WATERKEEPER G U EST CO LU M N
The I nspi r at i on,
N ot M odel , f or
For r est Gum p
Conversat i on wi t h
imbo Meador
fisherman-philosopher
28 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
ent varieties of fish. So I was still taking advantage
of the shrimping fleet. I guess I was a pioneer in
that field in the gulf.
Bycatch became a big issue in late 1980s. A
shrimp boat catches a lot of fish, crabs and eels
that you can’t sell, so they throw it overboard. Te
bycatch on a shrimp boat is visible. You can look
at that and see what’s happening. But it’s hard for
people critical of shrimping to appreciate what’s
happening in our estuaries—mostly invisible to the
naked eye – where microscopic eggs and juvenile
fish are being killed because of pollution and de-
velopment. Te anti-shrimp people seem mostly
concerned about a shrimper who’s made his living
that way all his life, the way his family did for gen-
erations. So who’s right and who’s wrong?
Having a background in shrimping sometimes
brings on added responsibilities. Winston Groom
was kind enough to dedicate his book Forrest
Gump to me and George Radcliff, another friend
of ours. When they were getting ready to make the
movie, a dialect specialist from Paramount called
me to tape a conversation because, she said, Tom
Hanks wanted a Southern accent to listen to. We
did that, and then the movie came out, and it was
a big hit. All of a sudden the media started send-
ing people down to interview Winston. Ten they
started asking about me because of the dedication,
and found out that I used to shrimp and used to be
an obsessive runner.
Suddenly, a lot of the media wanted to make
me out to be the real Forrest Gump. Problem was,
Forrest was an idiot. It was an honor that Winston
had dedicated the book to me, but I didn’t know if
I wanted to go along with the part about being an
idiot. Winston was encouraging me to talk to these
people, but it really got out of hand. People maga-
zine came down here and a television program
called A Current Affair. Te London Times sent
a reporter, different magazines and newspapers,
even a radio station in Australia. Finally, the peo-
ple at David Letterman called to talk to me about
being on the show but there
I drew the line. I kept telling
everybody the story is fiction.
After all that quieted down
a little, the lady who was the
dialect specialist called me
and I said to her: “I’ve been
asked a million times, did
Tom Hanks actually study the
tape I made?” She said, “Yes,
he did use it.” And I said, “Well he talked like an
idiot.” And she said, “Tat came from the kid actor
who played him as a child. Tey decided to use that
dialect throughout the movie, but Tom found your
accent very interesting.” Tat’s how she put it.
Tere are things I liked about Forrest. He was a
good person, kind of naïve, but a good person who
went with the flow. Today, everyone is more con-
cerned about the dollar than doing the right thing.
Tey don’t think about everyone that’s living, ev-
erything that’s existing. People want to live on the
water, but in the process of developing all this wa-
terfront property we are destroying nursery areas
where fish and marine life have to grow up and live
until they get into deep water.
Because of the population explosion on the
coasts, our environment has become far more
sensitive than it was when I was a kid. I got con-
cerned about the changes in the fisheries and our
estuaries because I could see it changing for the
worst before my eyes while I was growing up. So
I got on the board of directors of the Mobile Bay-
keeper. I’m now an honorary board member and
always trying to do my part to support our Bay-
keeper, Casi Callaway.
Sometimes I wish I could go back to the old
times. It seemed like we had more of a sense of
community then. But there are some people doing
things now that are helping the fish and the bay. I
always thought people should enjoy life but not do
anything that is going to hurt anyone or anything.
Tat’s just the philosophy I try to live by. W
Aut hor Ji m bo M eador wi t h
an At l ant i c sal m on caught
f l y-f i shi ng i n N ova Scot i a.
The f i sh and f i sher m an
wer e phot ogr aphed by Tom
M acDonal d and r el eased.
A m i x of sea cr eat ur es
congr egat e on t he shor e
dur i ng a M obi l e Bay j ubi l ee.
“ …di d Tom
H anks act ually
st udy t he t ape
I made?”
She sai d, “ Yes,
he di d use i t .”
And I sai d,
“ Well he
t alked li ke
an i di ot .”
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 29
know
your
r i ght s
medi eval code
In the sixth century the Roman Emper-
or Justinian ordered the codification of
imperial legal doctrine as the Corpus
Iurus Civilis [Body of Civil Law]. Te
Justinian Code spread throughout the
Roman Empire and forms the basis for
English, and now U.S., Common Law.
Justinian Code spells out the Public
Trust Doctrine, which says that the
public — no individual, no govern-
ment, no corporation and no polluter
— owns our waterways.
f i shabl e & swi mmabl e
U.S. Congress passed the Clean Water Act in 1972.
Te goals of the law are broad and ambitious: fish-
able and swimmable waterways and zero discharge
of pollution into our rivers, lakes and coastal waters
by 1985. We’ve missed the deadline. But the goals
and the law remain in effect.
Te right to clean water is almost universally
recognized worldwide. Te United Nations Char-
ter and the legally binding 1966 International Cov-
enant on Economic, Social and Cultural Rights im-
plicitly and explicitly recognize the human right to
clean water.
You have the right to plentiful and edible fish.
You are the owner of your stream and river, lake, bay and coast.
You have the right to use them as long as you don’t interfere with
the use of them by anyone else — and as long as they are free from
pollution and destruction by our hands, there’s plenty for all.
W
ATER PO
LLU
TIO
N
PREVEN
TIO
N

A
N
D
CO
N
TRO
L ACT (1972)
(33 U.S.C. 1251 et seq.)
AN ACT To provide for water pollution control activities in the Public Health Service
of the Federal Security Agency and in the Federal Works Agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
title i—research and related programs
DECLARATION OF GOALS AND POLICY
sec. 101. (a) T e objective of this Act is to restore and maintain the chemical, physical,
and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby
declared that, consistent with the provisions of this Act—
(1) it is the national goal that the discharge of pollutants into the
navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality
which provides for the protection and propagation of fi sh, shellfi sh, and wildlife and
provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited
codex j ust i ni anus (528)
book ii.
OF THINGS.
i. divisions of things.
In the preceding book we have treated of the law of persons. Let us now speak of
things, which either are in our patrimony, or not in our patrimony. For some things
by the law of nature are common to all; some are public; some belong to corporate
bodies, and some belong to no one. Most things are the property of individuals who
acquire them in diff erent ways, as will appear hereafter.
1. By the law of nature these things are common to mankind — the air, running water,
the sea, and consequently the shores of the sea. No one, therefore, is forbidden to
approach the seashore, provided that he respects habitationes, monuments, and
buildings which are not, like the sea, subject only to the law of nations.
2. All rivers and ports are public; hence the right of fi shing in a port,
or in rivers, is common to all men.
3. T e seashore extends as far as the greatest winter fl ood runs up.
» FRO M TH E time I was nine years old the only thing
I ever really wanted to do was to work on the wa-
ter, fly a seaplane, be a tugboat captain, fisherman,
whatever. But my folks talked me out of that; “you
gotta feed your family, get an education.” One thing
led to another and I went to law school and then
volunteered for military service to avoid the draft.
I liked it so much I stayed for 25 years. But through
it all, even in Vietnam when the rockets where
raining in, I never turned loose of that childhood
dream to work on the water.
So when I retired from the Marine Corps in 1987,
that’s exactly what I did. I took off my uniform, put
on a bunch of old cloths, bought 800 crab pots and
fishing nets, got in my boat and launched my career
as a commercial fisherman on the Neuse River.
Prior to 1989, the Neuse was a fisherman’s para-
dise. Te fish were healthy and the waters were
clean. I remember a lot of people saying to me,
“Why in the world with a law degree would you
become a fisherman?” I would always say, “It’s like
hunting treasure and it’s in my blood.” But my par-
ents were right; you still need to be able to feed your
family. Tat’s where the rub comes in. I can remem-
ber when the Neuse River started to turn ugly, just
before the big kill in 1991. Many fishermen could
already see that the fish were in trouble and that our
river was quickly becoming a “paradise lost.”
Paradise Lost
In 1991, the Neuse River suffered one the largest
fish kills of any river in America. In a matter of
days during September 1991, we lost over one bil-
lion fish. Te fishermen looked at what was hap-
pening in disbelief — millions upon millions of fish
covered in open, bleeding sores. Some had holes
completely through their bodies. No one had a
clue as to the cause. Oxygen levels were normal
and nothing previously known could explain what
was happening. Before it was over, the river and its
beaches would be covered with dead and dying fish
of all types, but the Menhaden were hit the hard-
est. Te stench from these rotting fish filled the hot
summer air with a putrid smell so foul that only the
bravest ventured outside. On the north shore of the
river a bulldozer worked late into the night burying
as many of the now bony creatures as possible.
State offi cials came down to look at the state of
the river. I’ll never forget it. Tey stood there in si-
lence shaking their heads. Tey didn’t have a clue
what was going on. And it wasn’t just the fish. I
had sores on my body, the same as the fish and my
son was sick too. I was suffering memory loss and
I didn’t know why. I turned myself into the hospi-
tal thinking I had a brain tumor because I couldn’t
remember things anymore. It was really bad. Other
fishermen were complaining about similar prob-
lems but no one was linking it to the water.
Ten a University of North Carolina scientist,
Dr. JoAnn Burkholder, figured out that nutrient
pollution was causing the spread of a one-cell ani-
mal — a creature so tiny you can put 100,000 of
them on the head of a pin. Tis creature was pro-
ducing a neurotoxin in the water that was also get-
ting into the air. In the water the toxin paralyzes
fish so that the creature can get to blood cells and
suck out the contents. Pfiesteria is, simply, a micro-
scopic killer vampire. When the news hit, people
got frightened.
Te state shut down the river. Te fish mar-
ket crashed. Te news of Pfiesteria and what it
does to people — the memory loss and respira-
tory problems — spread. Te tourism industry
stalled and real estate values dropped. Proper-
ties along the river couldn’t even be sold. Te
pain and suffering that reverberated through the
Fish Kills, Fishermen and Pfiesteria
on N orth Carolina’s N euse River
By Rick D ove
Fut ur e wat er m an, Ri ver keeper
and aut hor Ri ck Dove wi t h
hi s Aunt M ar gor i e Bl ack i n
Bear Cr eek, M D, 1946.
32 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S
M assi ve f i sh ki l l s st em di r ect l y
f r om nut r i ent pol l ut i on. The scal e
of t he N euse Ri ver f i sh ki l l s i n 1991
and 1995 i s al m ost uni m agi nabl e:
hundr eds of m i l l i ons of f i sh, and t he
ent i r e popul at i on of com m er ci al l y
i m por t ant M enhaden, ki l l ed i n a
m at t er of days.
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community was unbelievable. It was
one of the most terrible events I’ve
ever witnessed in my life.
By that time I had become the Neuse
Riverkeeper — I started in 1993. And if
there’s anything that was satisfying to
me at the time it was that I would have
my chance to get even. We knew where
the problems were coming from. We
had the ability to fix them.
Listening to the River
Another thing happened that is critical to this story.
Tere was a public meeting scheduled for July 1995
to address water quality problems in the Neuse
River, not related to fish kills but to algae. Tere
was so much vegetation growing in the river in the
summer of 1995 that people couldn’t get up some
of the major tributaries to the Neuse in their boats.
It would clog their propellers and their engines
would burn out. Tey complained so much that
the Mayor of New Bern and state offi cials set up
a public meeting to discuss the problem. But they
had to postpone the meeting because Hurricane
Felix came through. Tey rescheduled the meeting
for September 4, 1995. I truly believe that the river
made that hurricane happen. Because the very day
of the rescheduled meeting was the day the night-
mare of 1991 was repeated.
Fish kills on the Neuse had been building in inten-
sity since early August. Once again, on September 4,
1995, fishermen watched as dead and dying fish cov-
ered the shores of the Neuse — 200 million dead was
one estimate. In 1991 every Menhaden in the river
had died, and a total of a billion fish were killed. Tis
1995 fish kill wouldn’t be as big — but only because
now the fishery had not yet recovered from 1991.
Would things be different this time? Tis time the
Neuse had someone to champion her cause, a River-
keeper and a corps of more than 200 active volun-
teers patrolling and advocating for the river. Tis
time things would be different — and they were.
On the evening of September 4, 1995, the Town
Hall meeting room in New Bern was filled with
about 1,000 people. At no time in the history of
North Carolina had that many people attended this
type of meeting. When Jonathan Howes, Secretary
for Health and Environment, and his staff walked
in, you could see the concern on their faces. People
were unruly, they were angry and this time it wasn’t
Pfi est eri a, t he ‘ cel l f r om hel l ,’
em i t s neur ot oxi n t hat par al yzes
and ki l l s f i sh. Fi sher m en and
ot her s exper i enced r espi r at or y
and m em or y pr obl em s, and
sor es i dent i cal t o t hose on t he
f i sh. Yet i n N or t h Car ol i na st at e
heal t h of f i ci al s m ount ed a l ong-
t er m cam pai gn t o di scr edi t t he
possi bi l i t y t hat Pfi est eri a was i n
any way i m pl i cat ed wi t h hum an
heal t h com pl ai nt s.
I n 1993 Ri ck Dove l aunched
t he N euse Ri ver keeper.
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» I N TH E 1840s, I gnaz Sem m el wei s showed t hat when doct or s washed t hei r hands
bef or e sur ger y, pat i ent sur vi val i ncr eased. H e was ost r aci zed f r om t he sci ent i f i c
com m uni t y and di ed af t er suf f er i ng a ner vous br eakdown. I n t he 1950s Al i ce St ewar t
uncover ed t hat sm al l am ount s of r adi at i on can dam age hum an f et al devel opm ent .
She l ost her j ob and st r uggl ed f or year s unt i l she was f i nal l y vi ndi cat ed. I n 1974
Sher wood Rowl and and M ar i o M ol i na showed t hat chem i cal i ndust r y-pr oduced
chl or of l uor ocar bons wer e cr eat i ng danger ous ozone hol es. The DuPont Com pany and
af f i l i at ed sci ent i st s at t acked t hei r dat a f or near l y 20 year s. I n 1995, Rowl and and M ol i na
r ecei ved a N obel Pr i ze honor i ng t hei r r esear ch.
Consi der ed i n t hi s l i ght , per haps i t ’ s not sur pr i si ng t hat t he Pfi est eri a st or y becam e
so ugl y and per sonal . Or sur pr i si ng t hat ul t i m at el y, i n Januar y 2007, t he cr uci al pi ece of
evi dence was f i nal l y conf i r m ed and good sci ence pr evai l ed.
Dr. JoAnn M . Bur khol der i s an Associ at e Pr of essor of Aquat i c Bot any and M ar i ne
Sci ences at N or t h Car ol i na St at e Uni ver si t y. Fr om t he t i m e Pfi est eri a was f i r st
di scover ed i n 1988, she was t he onl y sci ent i st pr ovi di ng answer s and sol ut i ons t hat
m ade sense. “ I t ’ s nut r i ent pol l ut i on,” she sai d. “ The r i ver i s out of bal ance, pol l ut ed
wi t h f er t i l i zer com i ng f r om agr i cul t ur e and wast ewat er t r eat m ent pl ant s. And i t i s
Pfi est eri a ki l l i ng t he f i sh and poi soni ng t he f i sher m en.”
The st at e of N or t h Car ol i na, however, deci ded t hat what was ki l l i ng t our i sm , t he
f i sher i es m ar ket and devel opm ent was not pol l ut i on — i t was what Dr. Bur khol der was
sayi ng about Pfi est eri a. They knew her sci ence was r i ght . But t hey
di dn’ t want her sayi ng i t i n publ i c.
The l i on’ s shar e of f eder al r esear ch f undi ng went
t o sci ent i st s who pr ocl ai m ed t hat a f ungus caused
t he f i sh ki l l s and t hat Pfi est eri a was nont oxi c. The
st at e and t hei r sci ent i st s under t ook a vi ci ous publ i c
cam pai gn t o di scr edi t Dr. Bur khol der. They cl ai m ed
t hat she had r ef used t o gi ve t hem t oxi c cul t ur es and
had bl ocked t hei r r esear ch. Som e accused her of f r aud.
Thei r at t acks wer e cover ed i n The N ew York Ti m es, Sci ence
and ot her nat i onal and l ocal m edi a. M ost of t he pr ess i gnor ed docum ent at i on t hat Dr.
Bur khol der had pr ovi ded cul t ur es t o t hese sci ent i st s, and t hat ot her s had not asked
f or cul t ur es unt i l af t er t hei r paper s wer e publ i shed. The i ndependent r esear ch by ot her
l abor at or i es t hat conf i r m ed her st udi es was downpl ayed or i gnor ed.
Leadi ng det r act or s at t he N at i onal Oceani c and At m ospher i c Adm i ni st r at i on
( N OAA) r esear ch l abor at or y i n Beauf or t , N C and ot her ‘ ant i -Pfi est eri a’ sci ent i st s
r ecei ved m i l l i ons of dol l ar s. These sci ent i st s had never wor ked wi t h t he com pl ex
m i cr obe and cont r i but ed l i t er al l y not hi ng t o advance t he sci ence. M eanwhi l e, anot her
f eder al sci ent i st cont i nued r esear ch on Pfi est eri a wi t h m i ni m al f undi ng — Pet er M oel l er
of t he N OAA Cent er f or Coast al Envi r onm ent al H eal t h and Bi om ol ecul ar Resear ch i n
Sout h Car ol i na. Af t er ei ght year s, he unr avel ed t he com pl ex pr ocess t hat pr oduces t he
pot ent Pfi est eri a t oxi ns. Dr. Bur khol der ’ s f i ndi ngs and concl usi ons wer e val i dat ed yet
agai n. Af t er near l y 15 year s of vi ci ous per sonal and pr of essi onal at t acks, Dr. Bur khol der
has been get t i ng publ i c apol ogi es f r om newspaper s and sci ent i st s who r eal i ze t he
i m por t ance of her r esear ch and her her oi sm i n st andi ng f or good sci ence.
N euse Ri ver keeper, N euse Ri ver Foundat i on, t he peopl e of N ew Ber n and
Wat er keeper Al l i ance st ood wi t h Dr. Bur khol der t hr ough i t al l . We coul d see t hat what
was happeni ng i n t he wat er was t he ver y sam e t hi ng t hat she was f i ndi ng i n her l ab.
H er st or y was det ai l ed i n And t he Wat ers Turned t o Bl ood, an am azi ng book by Rodney
Bar ker ( Si m on and Schust er 1996) .
I n t he end, t he sci ent i f i c det r act or s wast ed m i l l i ons of t ax dol l ar s. They dam aged
t he l abor at or y and r eput at i on of a good sci ent i st . M ost i m por t ant l y, t hey squander ed
year s and m i l l i ons of dol l ar s t hat shoul d have been spent under st andi ng t hi s t oxi n and
how t o hel p i t s hum an and pi sci ne vi ct i m s.
D I S C O V E R Y
1988 Pfi est eri a f i r st i dent i f i ed as an acci dent al
cont am i nant i n f i sh cul t ur es.
1991 Dr. JoAnn Bur khol der and col l eagues at
Uni ver si t y of N or t h Car ol i na l i nk Pfi est eri a t o
m assi ve f i sh ki l l i n N or t h Car ol i na.
R E S E A R C H
1992-1993 I n f i el d and l abor at or y r esear ch,
Pfi est eri a gr ew best wi t h nut r i ent s f r om cr op
and l awn f er t i l i zer s, hum an and ani m al wast es,
and ot her pol l ut i on sour ces. Wor ker s suf f er ed
cent r al ner vous syst em dam age f r om cont act
wi t h f i sh-ki l l i ng cul t ur es. Of f i ci al s shut down
t he l abor at or y f or m or e t han a year. Fur t her
wor k was m oved t o bi ohazar d l evel I I I f aci l i t i es.
C R E A T I N G C O N T R O V E R S Y
1993-1997 Resear ch l i nki ng Pfi est eri a t o f i sh
ki l l s, nut r i ent pol l ut i on and hum an i l l ness was
f ought by N C heal t h of f i ci al s, var i ous i ndust r y
of f i ci al s and af f i l i at ed sci ent i st s. St at e agenci es
di r ect ed f unds t o sci ent i st s t o di spr ove t he
r esear ch.
1998-2001 Thr ee sci ent i f i c panel s separ at el y
or gani zed by M ar yl and, N or t h Car ol i na and t he
U.S. Cent er s f or Di sease Cont r ol r e-eval uat ed
and suppor t ed f i ndi ngs on t he bi ol ogy and
t oxi ci t y of Pfi est eri a. U.S. Congr ess di r ect ed
at l east $80 m i l l i on f or Pfi est eri a r esear ch and
m anagem ent . M ost of t he r esear ch f unds went
t o sci ent i st s who had not st udi ed Pfi est eri a, but
quest i oned i t s abi l i t y t o m ake t oxi n and cause
f i sh ki l l s or hum an i l l ness.
2002-2006 The det r act or sci ent i st s publ i shed
t hr ee sci ence paper s and pr ess r el eases
announci ng t hat t oxi c Pfi est eri a doesn’ t exi st .
M eanwhi l e, N OAA sci ent i st Pet er M oel l er and
col l eagues i n Char l est on, SC i dent i f y a new
gr oup of pot ent Pfi est eri a t oxi ns. Anot her year
went by, wi t h m or e dam agi ng publ i c at t acks
by t he N OAA-Beauf or t sci ent i st s, whi l e t he
t oxi n m anuscr i pt was subj ect ed t o 18 separ at e
i nt er nal r evi ews r at her t han t he si ngl e i nt er nal
r evi ew t hat i s t ypi cal l y r equi r ed.
R E S O L U T I O N
January 2007 The N OAA-Char l est on sci ent i st s
publ i sh t hei r paper on Pfi est eri a t oxi ns,
unequi vocal l y val i dat i ng Dr. Bur khol der and
col l eagues’ r esear ch and f i ndi ngs. I n Januar y,
t he m aj or newspaper s i n N or t h Car ol i na
each car r y st or i es val i dat i ng her r esear ch and
vi ndi cat i ng her per sonal l y — m ost of t hese
paper s, up t o t hat poi nt , had been sel ect i vel y
r epor t i ng onl y t he wor k of her cr i t i cs.
Don’ t Shoot
t he M essenger
— Dr. JoAnn
Bur khol der
Solving the
P
f
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s
t
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r
i
a

t
i
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Pfiesteria Puzzle
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 35
Post ed on hi ghway 70 near
N ew Ber n, 1995.
M at s of al gae cl og t he
Tr ent Ri ver, a t r i but ar y of
t he N euse.
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Ri ck Dove br eaki ng t he bad
news t o N or t h Car ol i na
Gover nor Ji m H unt i n N ew
Ber n, 1995.
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just the fishermen. It was the business owners, tour-
ism offi cials, local elected offi cials and others from
nearly every walk of life. Tey wanted answers.
Secretary Howes and his staff were on the stage
along with a few other scientists. Most of them
didn’t have a clue as to what was happening in the
river. As the Neuse Riverkeeper, I was able to re-
lay to our visitors how the river was suffering. Ev-
eryone else there already knew. Te only one who
provided any real answers was Dr. Burkholder,
who again confirmed that the fish kill was caused
by Pfiesteria. After the presentations the panel en-
tertained questions from the audience. Te line of
people was very long. Everyone had questions and
no one wanted to leave before they got some an-
swers. It was getting late and there was no way all
the questions were going to be answered. People
began to raise their fists; they began to shout—and
the language wasn’t pretty. It was all that Mayor
Tom Bayliss of New Bern could do to maintain
order in the auditorium. I don’t think anybody but
Mayor Bayliss could have pulled that off.
Secretary Howes and his staff just made excus-
es. Tey denied any connection between what was
going on with the river and health problems. For-
tunately for us, Secretary Howes had agreed to go
for a boat ride the next day.
I remember the next morning just as plain as
day. On the way down to the dock Secretary Howes
leaned over to me and said, “Rick, what’s that smell?”
I answered, “You’re gonna see for yourself.”
It was rainy and misty; you could hardly see.
Te skipper navigated the Riverkeeper boat to
the middle of the river by compass and depth
finder. Te secretary stepped over to the rail
and looked down at the water. Te fish were all
around the boat doing death spirals — spinning
out of control in the water as the neurotoxin took
effect. Chunks of their bodies were missing, a
hopelessly sad scene. No one said a word. It was
the river’s turn to speak. Secretary Howes sat si-
lently for about ten minutes, then said, “Take me
to shore, I’ve seen enough.” When we got back
he went directly into the Neuse River Foundation
offi ce and called the governor. He said he told the
governor that the Neuse River was broken and
needed to be fixed.
The Long Walk
Te governor shut down a major section of the riv-
er. Te fish markets crashed. Te news of Pfiesteria
and what it does to people — the memory loss and
respiratory problems — spread like a potent virus.
Te tourism industry stalled and real estate values
went belly-up. Te pain and suffering that rever-
berated through the community was unbelievable.
It was one of the most terrible events I’ve ever wit-
nessed in my life.
But state offi cials still did not take full responsi-
bility for protecting the public and addressing the
problem. As state marine patrols were out there
chasing people off the river, politicians were hold-
ing fish cookouts on the shore in New Bern to try
and convince people the fish were safe to eat.
All of us at the Neuse River Foundation were out
there, putting our health on the line, and we made
a promise that those poor fish were going to count
for something. We didn’t hold back. Our commu-
nity was in danger. Fishermen were getting hurt.
Tat was very painful for me because I am still one
When Fish Die
Advocat es f ace a di l em m a when f i sh di e. The i ni t i al
r esponse of any advocat e i s t o go publ i c, r ai se hel l
and m ake ever y dead f i sh count i n t he f i ght f or
r est or at i on. To be sur e, pr ot ect i ng publ i c heal t h
dem ands such act i on. But t her e ar e consequences.
As bad news and r i ver cl osi ngs shut down t hei r
m ar ket s, f i sher m en ar e vi ct i m i zed al ong wi t h t he f i sh.
Pr oper t y val ues decl i ne and t our i st dol l ar s dr y up.
The bet t er appr oach i s t o get i n f r ont of t he
pr obl em — pr event f i sh ki l l s f r om happeni ng i n
t he f i r st pl ace. To be sur e, t hi s i s f ar m or e di f f i cul t .
The sol ut i on i s t o get st at e and f eder al of f i ci al s
t o act bef or e cr i si s hi t s. The sol ut i on i s m aki ng
sur e t hat advocacy i s unwaver i ng and ef f ect i ve so
no one f or get s t he r i sks t hat pol l ut i on pr esent s
t o t he wat er way and sur r oundi ng com m uni t i es.
The sol ut i on i s ensur i ng t hat no one bel i eves t hat
pol l ut ed wat er, si ck f i sher m en, wr ecked busi nesses
or dyi ng f i sh ar e accept abl e. Sol vi ng t he pr obl em i s
what Wat er keeper s on t he N euse, Chesapeake Bay
and ar ound t he wor l d do on a dai l y basi s.
The cr ab f i sher y i s st i l l act i ve
on t he N euse: f i sher m an
Davi d Conner wi t h cr ab pot
i n 2002.
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Fi sh ki l l s and Pfi est eri a ar e a
r eoccur r i ng nat i onal pr obl em . The
Chesapeake Bay and Pocom oke
Ri ver ar e hom e t o one of t he
nat i on’ s m ost pr oduct i ve f i sher i es:
f at , sal t y, succul ent oyst er s, bl ue
cr abs and speci es of f i sh t oo
num er ous t o m ent i on. I t ’ s a
cent ur i es-ol d t r adi t i on and a vi t al
econom i c engi ne, gener at i ng about
$750 m i l l i on each year.
I n ear l y August 1997, wat er m en
on t he Pocom oke Ri ver began t o
obser ve f i sh swi m m i ng er r at i cal l y,
t hei r bodi es cover ed wi t h bl eedi ng
sor es. Bet ween August 4 and 9
bet ween 10,000 and 30,000 f i sh
per i shed. M ar yl and Gover nor
Gl endeni ng i m m edi at el y or der ed a
t eam of heal t h exper t s t o t he r i ver.
Fi sher m en, r esi dent s and even t he
r esear cher s suf f er ed ski n l esi ons
and r ashes, nausea, bur ni ng eyes,
headaches, r espi r at or y pr obl em s
and m em or y l oss. Resear cher s
conf i r m ed t he cause of t he f i sh ki l l
and heal t h pr obl em s as Pfi est eri a.
The gover nor cl osed t he
Pocom oke and t he al r eady
em bat t l ed bay f i sher i es cr ashed.
Rest aur ant s and seaf ood houses
wer e st uck wi t h a pr oduct t hat
woul dn’ t sel l . M any deal er s and
r est aur ant s, unbel i evabl y, had
si gns i n t hei r wi ndows pr ocl ai m i ng
t hei r seaf ood was saf e t o eat — i t
was f r om N or t h Car ol i na.
Today, t he Chesapeake Bay and
Pocom oke Ri ver ar e st i l l pl agued
by nut r i ent pol l ut i on, m ost of
whi ch com es f r om i ndust r i al
poul t r y pr oducer s. Wat er keeper
Al l i ance and our 15 Wat er keeper s
i n t he Chesapeake Bay wat er shed
ar e t aki ng on i ndust r i al m eat
f act or i es and any ot her pol l ut er
t hat st ands i n t he way of a
heal t h bay.
of them. For these fishermen there would be no
treasure hunt — there would be no paycheck.
Later, Governor Hunt came to New Bern. I was
there as Riverkeeper along with the President of the
Neuse River Foundation and a few others to meet
with him. He wanted to talk privately with us but
there were so many people around that we had to
ask him to walk out on the dock. Tere were things
we wanted to say and we wanted it to be private.
We told the media to stay back and walked out
onto the pier. To this day the event is remembered
as “the long walk on the short dock.”
Governm ent I nAction
We told him, “Governor, this is your fault. You’re
responsible for this and so are the members of
the General Assembly. Now you have this hor-
rific problem on your hands. Te river’s dying
and you let it happen. No more excuses. It has
to be fixed!”
At that point the politicians took over. At first,
instead of talking about reducing pollution, all they
talked about were quick solutions. Members of the
General Assembly came in and formed a Fish Kill
Committee, referred to by some as the “‘Kill More
Fish Committee.” Tey were talking about doing
really stupid things like blowing holes in the Out-
er Banks where the Neuse waters empty into the
ocean so the river could flush itself.
Ultimately the federal government stepped in
with about 200 million to help the river. Te state
came up with a bunch of programs aimed at re-
ducing nutrient pollution. Eleven wastewater dis-
charge pipes were pulled out of the river. A lot of
things did happen between 1995 and 2000 to fix the
river. Fish kills did decline. Te Neuse River Foun-
dation and the Neuse Riverkeeper made good on
our promise to those fish — we made those deaths
count for something.
Te real problem now is that time has passed
and apathy has set in. As soon as the headlines died
down and the tourism industry stopped scream-
ing, things started to go back to the way they were.
Many of the programs that the state implemented
ten years ago are no longer being enforced. Te
Neuse is endangered once again.
Now when fish die in the Neuse River the state
sends out their Rapid Response Team — locals re-
fer to them as the ‘Rabid Response Team.’ When
they go out to investigate fish kills they come in
and report that the fish were hit by lightning. Tey
actually say that. I don’t know how lightning puts
sores on fish. Tey say the sores on the fish are
from rough water that raked the fish against the
Pocomoke Stocks Close Down
Chesapeake Bay Bl ue
Cr abs at m ar ket
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“ Thi s i s a
t ough fi ght
t hat we are
i n, but fai lure
i s not an
opt i on. I wi ll
keep pushi ng,
keep fi ght i ng
and keep
rai si ng hell
for as long as
i t t akes. Thi s
i s who I am,
not what I
do. Bei ng
Ri verkeeper
i s t he most
i mport ant
t hi ng I have
done i n my
li fe, and I
underst and
and accept t he
responsi bi li t y
of t he
job. Ot hers
depend
upon t hat
dedi cat i on,
and I WILL
N OT let t hem
or t he N euse
down.”
Lower Neuse Riverkeeper
Larry Baldwin patrols the
Neuse from Goldsboro to the
mouth where the river enters
the Pamlico Sound.
38 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S
sediments on the bottom. Some of
the most ridiculous things you’ve
ever heard in your life are the ex-
cuses that the state is now giving
for fish that die on the Neuse. It’s
all about covering it up, keeping
the public satisfied that the river
is all right. It’s a policy of deceit.
Te same policy that led to the
major fish kills in the first place.
We have come full circle.
Te state has not followed
through on the nutrient reduction
programs because of all the pres-
sure from some of the very same
people who were complaining
back in 1995, the tourism and development guys.
All the people who suffered the economic pain and
helped us get the state to set up pollution control
programs now want to put pollution pipes dis-
charging partially treated sewage back into the riv-
er. Tey want more sewer capacity and the easiest
way to get it is to put the pipes back into the river.
But we will not allow greed and short memories
to prevail.
Fishable Future
Trough advocacy and leadership we’ve made a
lot of progress restoring the Neuse. We’ve used
litigation to upgrade failing wastewater treat-
ment plants; we’ve removed 11 major wastewater
dischargers and forced the state to set enforce-
able limits for nutrient pollution. Today, there are
new buffer rules and sedimentation regulations
set up to protect the river. We have also brought
the construction of new industrial hog factories to
a screeching halt — proving that animal factories
can’t compete with family farms unless they are al-
lowed to break the law.
But the Neuse’s restoration is far from complete.
Today, the Neuse is faced with numerous challeng-
es both old and new. Untreated fecal waste from
the basin’s swine produce the equivalent waste of
20 million people, routinely discharged untreated
to the river. Developers are demanding construc-
tion of new wastewater treatment plants that will
dump more nutrients into the river and regula-
tions to enforce existing environmental laws go
unenforced.
But the Neuse is in the hands of two Riverkeep-
ers fully equipped to handle the job. Together, these
two river advocates bring more than 600 pounds of
muscle, 13 feet of height and the kind of grit that
would put the likes of John Wayne in awe.
Today’s Neuse Riverkeepers, Larry and Dean,
work on the water in classic bulldog Riverkeeper
style. Tey have taken over the decades-old battle
to keep the Neuse open and safe for fishing. She’s in
good hands — of that I am certain. W
“ The pollut i on
t hreat s we
face i n t he
N euse Ri ver
are i n many
ways common
t o wat ers all
across t he
planet . As
Ri verkeeper,
you qui ckly
reali ze
t hat our
publi c wat er
resources are
mi smanaged
and exploi t ed
for t he
benefi t of a
few speci al
i nt erest s.
Ri verkeepers
all share an
obli gat i on
t o ensure
t hat fut ure
generat i ons
have clean
wat er. We
are t he voi ce
at t he t able
for t hose
t hat cannot
speak for
t hemselves.”
Upper Neuse Riverkeeper
Dean Naujoks works to protect
the upper reaches of the Neuse
River and Falls Lake.
Hog Factories Spray
Before the Rain
M ar ch 1, 2007: An i ndust r i al hog f aci l i t y
di schar ges wast e under gat her i ng r ai n
cl ouds — not e wher e spr ay cr osses over
a di t ched ar ea. H og pr oducer s spr ay
m anur e on f i el ds i n am ount s t hat f ar
exceed t he capaci t y of t he l and t o absor b
t he nut r i ent s. M anur e t hen washes of f
t he f i el ds dur i ng st or m s. Di t ches i n
m ost spr ayf i el ds ar e di r ect l y connect ed
t o st r eam s and, ul t i m at el y, t he r i ver.
H og sheds and wast e l agoon ar e vi si bl e
i n t he backgr ound.
GPS coor di nat es: N 34 55 658 W077 657
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» TH E U N I TED STATES currently imports
about 75 percent of the seafood Ameri-
cans eat, adding 7 billion to our trade
deficit last year. Tis is something the
Bush administration would very much
like to change, and it is the president’s
stated goal to reduce the nation’s sea-
food trade deficit to zero by 2025. Given
the country’s growing population and its
reliance on stock from the severely over-
fished waters off America’s coasts, this is
no small challenge.
One administration solution is to lease
vast regions of the Exclusive Economic
Zone (EEZ) — waters between three
and 200 miles offshore — to industrial
fish farmers. As they do elsewhere in the
world, these high-tech aquaculturalists
would suspend huge cages into the cool,
calm water beneath the waves and sur-
face currents, known to oceanographers
as the pelagic zone. Salmon, cod, am-
berjack, flounder, halibut, red snapper,
threadfin and cobia will be raised in the
cages, like cattle in feedlots, fed ground
fishmeal robotically from rafts on the
surface. When the fish are grown and
ready for market their cages will be raised
to the surface for harvest.
Te administration calls this plan
Open Ocean Aquaculture and the Na-
tional Oceanic and Atmospheric Admin-
istration (NOAA), a branch of the De-
partment of Commerce (DoC), last year
drafted a bill that would create a legal
framework for the venture. Te National
Offshore Aquaculture Act (S.1195), intro-
duced by Senators Ted Stevens (R-AK)
and Daniel Inoyue (D-HI) as a courtesy
to the administration, cleared the White
House Offi ce of Management and Budget
(OMB) and died in committee. NOAA has
revised the bill and sent it back to OMB.
In the meantime President Bush has kept
the initiative alive with a 3 million pro-
motional appropriation to NOAA. Te
bill is NOAA’s top legislative priority for
the current Congressional session. It’s the
number five issue at DoC.
A battle is brewing between critics
of the NOAA plan, who call it “Ocean
Ranching” and its supporters who have
dubbed it “Te Blue Pastures Initiative.”
Environmentalists argue that ocean
aquaculture is already creating serious
ecological challenges with escaped fish
(some of them transgenic), parasite and
disease transfer from farmed to wild
stock, massive sewage discharge and
other unsustainable usage of marine re-
sources. Relocating the farms to the open
ocean will also remove them from state
control and limit public scrutiny.
At hearings held before the Senate
Committee on Commerce, Science and
Transportation, serious environmental
questions were raised about open ocean
aquaculture. Escaped fish are particularly
problematic as they are capable of inter-
By M ark D owie
Blue Pastures in Public Trust
The Bush adm i ni st r at i on has m ade br i ngi ng i ndust r i al aquacul t ur e
t o t he ocean a nat i onal pr i or i t y.
40 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S
breeding with and compromising the gene
pool of wild stock. Tey can also overtake
habitat. Atlantic salmon now run wild in
the Pacific. And according to a recent ar-
ticle in Science magazine, mercury, PCBs
and other waterborne toxins are found
in aqua-farmed fish at levels three to five
times those in wild fish, a consequence
of feeding the captives contaminated fish
meat. Water pollution from pathogens, an-
tibiotics and nitrogen are also expected.
Supporters of the initiative acknowl-
edge some of those problems, but claim
they will be greatly reduced by moving
fish farms out of coastal waters, which are
more environmentally sensitive than the
open ocean. NOAA claims to be aware of
the hazards of aquaculture and has prom-
ised to include environmental impact
analysis and regulatory oversight in the
proposed legislation, alongside provisions
to streamline 10-year site permits through
a “one stop permitting process.”
If a bill ever passes Congress, whatever
NOAA comes up with will certainly be
tested in federal court. Tere jurists will
grapple with property and stewardship
questions in the legally uncharted pelagic.
According to Alison Rieser, a marine law-
yer at the University of Maine, “Tere is
no clear legal basis for granting property
rights that are needed to protect the large
investments necessary to build and oper-
ate offshore aquaculture facilities in the
open ocean.”
A Venerable D oct rine
At the heart of this issue lies the ques-
tion of whether or not the oldest surviv-
ing common law in history, the Public
Trust Doctrine, applies to this issue. Can
a doctrine that for 15 centuries defended
the shorelines of Europe and then North
America as “common to all mankind”
be invoked by defenders of the ocean?
American coastal waters have always
been regarded as an element of the na-
tional commons, protected by govern-
ment as a public trust, to be left open for
navigation, recreation and the licensed
catching of wild fish — which also have
long been established as a public asset.
What right, plaintiffs will ask, does the
federal government of the United States
have to lease ocean water to anyone, par-
ticularly if doing so could harm fish in the
rest of the sea?
Te notion of a public trust has a ven-
erable history. It was first proffered in 528
AD, when the Roman Emperor Justinian
decided to condense the unpublished rules
and edicts handed down by his predeces-
sors and create a unified code of imperial
law. A year later, 10 legal experts delivered
the Codex Justinianus, to which the em-
peror then added an idea expressed by the
jurist Marcius two centuries earlier:
By the law of nature these
things are common to all man-
kind, the air, running water,
the sea and consequently the
shores of the sea.
Since then, the Public Trust Doctrine
has percolated through centuries of war,
successor empires and colonization. As
English, French and Spanish kings built
their empires, the doctrine was adopted
as common law. When new American
states joined the original 13 colonies they
too were bound by a common law that
granted state governments sovereign
rights to common land and sovereign re-
sponsibility for its care. Te idea of the
public trust was synonymous with Amer-
ica’s promise of freedom. Several states
eventually wrote some form of the ancient
code directly into their constitutions. For
example, Article 1, Section 27 of the Penn-
sylvania State Constitution says:
Te people have a right to clear
air, pure water and to the pres-
ervation of the natural, scenic,
historic, aesthetic values of the
environment. Pennsylvania’s
public natural resources are
the common property of all the
people, including generations
yet to come. As trustees of
these resources, the Com-
monwealth shall conserve and
maintain them for the benefit
of all people.
In early American history the doctrine
was used almost exclusively to protect the
public’s interest in one very vital aspect
of the commons: water. Just as Justinian
had declared, navigable water, whether in
the sea or flowing to it, was, along with
shorelines, beaches and river bottoms,
the common property of the nation’s citi-
zens. Courts ruled that it was owned by
everyone and no one at once, an unwrit-
ten easement protected by the water’s
steward — the state. In the years that fol-
lowed, American courts, state and federal,
even the U.S. Supreme Court, upheld that
interpretation.
Te landmark public trust case oc-
curred in 1892 when the U.S. Supreme
Court held in Illinois Central Railroad
vs. Illinois that a state legislature could
not grant ownership of land under navi-
gable water to a private party, in this case
the railroad, which had been granted, fee
simple, a thousand acres of shoreline and
underwater land — the entire waterfront
of Chicago.
Although water and shorelines have
been the most frequent beneficiaries of
public trust protection, the doctrine has
become amphibious. Air, forests, public
lands, natural beauty and cultural artifacts
have recently been defended as common
assets worthy of public trust protection.
Te open ocean, on the other hand, is con-
Yel l owf i n t una
r ai sed i n an open
ocean pen i n
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sidered a global commons, protected by
the Law of the Sea and other international
agreements. But there is a long ribbon of
ocean water, 200 miles wide, hugging the
coast of every continent, in which owner-
ship rights and stewardship responsibility
is still unclear.
Te Law of the Sea Treaty, now signed
and ratified by 158 nations, extends the
boundary of all signatory nations 200
miles from their shoreline. Te enor-
mous wealth of oil, gas, minerals and
food stuffs in and beneath the waters of
these Exclusive Economic Zones makes
the word “Economic” an appropriate part
of their title — an invitation to commerce
and development. Te United States’
EEZ, which includes Micronesia, covers
3.4 million square miles, a larger portion
of the earth’s surface than the country’s
land mass.
President Bill Clinton signed the Law
of Te Sea Treaty in 1994, but in defer-
ence to ocean mining interests, which
sought unimpeded access to the entire
ocean floor, Jesse Helms, then Chairman
of the Senate Foreign Relations Commit-
tee, refused to hold hearings that might
have led to ratification.
Tere are other compelling reasons,
strategic and environmental, not to ratify
the treaty. So it may never happen. How-
ever, stewardship of the zone it created
will certainly become a factor in the le-
gal contest that awaits ocean fish ranch-
ing, as will the Public Trust Doctrine.
Ratified or not, the treaty defines “EEZ”
which applies to all nations, and is an area
which the federal government clearly ac-
knowledges by name in all its reports and
studies, and will surely include in its draft
legislation. If they don’t invoke the zone
by name, and site the law of the sea as its
creator, they risk losing all rights to it.
Tere is no question that the doctrine,
as interpreted by courts in most coastal
states, allows the private use of state owned
public trust land and water for aquacul-
ture within the three-mile limit. So long
as the activity improves the public welfare
and does not interfere with citizens’ enjoy-
ment of the resources being used. Courts
have also affi rmed that “lands,” as defined
by the doctrine, encompass the river bot-
toms and sea beds of navigable waters out
to the three mile limit.
Te U.S. Supreme Court has upheld
Public Trust Doctrine four times in the
nation’s history, but in each case it has
been protecting a state’s use of the doc-
trine. It has never claimed it as federal
common law, which could apply in ocean
waters beyond the states’ three mile limit.
Tat doesn’t necessarily mean that the
Public Trust Doctrine is not federal, it
only means it has never been established
as such. And just because courts have
never applied the doctrine to the EEZ
doesn’t mean they can’t.
Closing Argum ent
As the Public Trust Doctrine has been
used so effectively to protect public access
to and the ecological integrity of Ameri-
can common assets, on and off shore, it
seems imperative to invoke it in the EEZ.
Here is how the case for a federal doctrine
might be argued.
Because its legal system was built on
British common law, which included
the Public Trust Doctrine, the United
States government held an implied pub-
lic trust obligation over navigable wa-
ters in each territory until it was granted
statehood. Each new state, upon enter-
ing the Union, assumed its own obli-
gation over the same waters. But even
after all territories had become states,
the federal government still maintained
public trust responsibility over oce-
anic shorelines until coastal state con-
trol was extended three miles from the
shoreline by the Submerged Lands Act
of 1953. Te Law of Te Sea Treaty did
not exist, so the U.S. federal govern-
ment controlled the next nine miles off
shore, out to the 12 mile limit described
by international agreement as the ter-
ritorial waters of all nations. Te rest
was regarded as open ocean, open to all
travelers and fishermen.
In light of this history it should be as-
sumed that the federal government still
bears public trust responsibility over nav-
igable territorial waters — and the sea bed
below them — between the three and 12
mile limits and now into the EEZ reach-
ing out another 188 miles from the coast.
If this is a fair assumption, then it would
suggest that the Public Trust Doctrine,
accepted by the original thirteen colonies
without argument, and passed by federal
permission to each new state, remains a
U.S. government doctrine, at least as it ap-
plies to navigable federal waters between
the three and 200 mile limits.
Federal courts have ruled that the
Public Trust Doctrine does not apply
outside “the territorial sea” but have not
defined where territorial seas begin or
end — at the three, 12 or 200 mile lim-
its. If the doctrine is accepted as relevant
and applicable in the EEZ, the specter of
public trust rights will make it very dif-
ficult for NOAA or any agency to entice
capital intensive sea farmers into the pe-
lagic zone, because it would be so easy
for environmentalists and other political
opponents to defeat them in court. Aqua-
culture corporations will want stronger
property rights than the government can
legally offer them under the doctrine of
public trust.
Opponents, including commercial
fishers of wild stock, who are beginning
to see themselves as the planet’s last hunt-
er-gatherers, are expecting government
litigants and their industry supporters to
contest any mention or invocation of pub-
lic trust in the open ocean. Meanwhile
advocates of the commons see an invit-
ing opportunity to affi rm a federal Public
Trust Doctrine that extends at least 200
miles off shore and use it to challenge the
further privatization of what they call “the
blue frontier.”
“When you fence off large parts of the
sea you’re also taking on a responsibility
for its protection,” says David Helvarg,
President of the Washington, DC-based
Blue Frontier Campaign. “Privatizing the
frontier was a bad idea when Congress
was selling off public lands to railroad
trusts for pennies on the acre. It’s a worse
idea today as we’re only beginning to ex-
plore and discover the true values of our
nation’s largest public asset.”
Protecting any public resource from
harmful commercial use enhances the
benefits for all who seek access to it, par-
ticularly other commercial users. Tus
the ancient common law notion of public
trust, a doctrine which has been used so
effectively over the centuries in defense
of navigation, fishing, recreation and eco-
logical integrity, should be tossed into the
sea and allowed to drift at least 200 miles
offshore in defense of a common asset we
cannot afford to lose. W
M ar k Dowi e t eaches sci ence and
envi r onm ent al r epor t i ng at t he
Uni ver si t y of Cal i f or ni a Ber kel ey
Gr aduat e School of Jour nal i sm .
42 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S
» I N 2006 the Klamath Riverkeeper joined the na-
tive tribes and coastal fishermen of Northern Cali-
fornia whose livelihood, sustenance and religious
practices depend on the Klamath salmon. Our
goal: to bring back the Klamath’s diverse fisheries
and restore the salmon.
Klamath salmon stocks are the cornerstone of
the entire West Coast salmon fishing industry. Te
Klamath River is home to the some of the last re-
maining runs of Chinook and Coho Salmon. It is
also the last spawning ground for the massive green
sturgeon, which lives up to 70 years and weighs up
to 350 pounds. For every fish species in the Klam-
ath, there is a culture that evolved with them. Now
these fisheries are at risk.
In 2002, just one year after the Bush administra-
tion launched its 10 year plan for the river, 64,000
adult salmon died in the Klamath. In the years
since, fishermen and tribes have been fighting for
their livelihoods and their lives.
Te salmon fishery in a 700-mile stretch of
California and Oregon coastline is governed by
the health of the Klamath River’s salmon runs,
which have been declining steadily since the 2002
fish kill. If Klamath numbers are lower then 35,000
salmon for more then a year, the state curtails the
fishing season.
In 2006 salmon numbers where predicted to
be only in the 20,000 range and the coastal fishery
was closed. Hundreds were left jobless. Fishermen,
tribes and the coastal towns that lost millions in
revenue demanded emergency relief for the indus-
try. When no relief came the coalition took action
to fix the Klamath.
In a recent press conference announcing the
‘Water for Fish’ campaign, fishermen and tribes
underlined the importance of the Klamath fishery.
Dick Pool, campaign coordinator and owner of the
Concord, CA-based tackle company, Pro-Troll, ex-
plained the reason behind the campaign, “Dams,
diversions and mismanagement are leading to a
massive fisheries failure in California,” he said. “Fish
and fishermen are being left out of water policy de-
cisions of the state and federal governments.”
Gordon Robertson, from the America Sport-
fishing Association, underlined the economic
importance of fishing in the U.S. and California,
“Recreational fishing contributes 116 billion to the
By Regina Chichizola, Klam at h Riverkeeper
SAVI N G
Klamath Salmon
K
L
A
M
A
T
H

R
I
V
E
R
K
E
E
P
E
R
Fi sher m en r al l y
i n M ay 2006 t o
f i x t he Kl am at h.
national economy each year while California sport-
fishing contributes 12 billion per year to the state’s
economy and supports 43,000 jobs.”
Ron Reed, cultural biologist for the Karuk Tribe,
said his and other Klamath Basin Tribes have been
hurt dramatically by the decline in Klamath River
water quality and fisheries. “Te Karuk, the second
largest tribe in California with over 3,000 mem-
bers, caught only 200 salmon last year in our tra-
ditional dip net fishery. Tis impacts not only our
health, but our culture and way of life.”
However, Reed noted that it is not just the Karuk
and other tribes and fishermen who are impacted,
everybody is affected economically by fish declines.
“Now is the time for all of us to come together,” he
said. “We can’t solve the problem by single species
management — we need to manage all of the spe-
cies. If we don’t restore the Klamath, we will not be
able to save our fisheries.”
Much of the fish disease stems directly from
PacifiCorp’s Klamath River dams, now owned by
billionaire Warren Buffett. Scientific studies have
shown the impacts of the dams and their connec-
tion to the Klamath River’s many fish diseases. Of
particular concern is the Ceratomyxa Shasta para-
site, infecting and sometimes killing up to 80 per-
cent of the juvenile Chinook salmon every year.
Te parasite thrives directly below Iron Gate
Dam. Behind the Iron Gate is a toxic algae prob-
lem of unbelievable magnitude — with levels 4,000
times more toxic than the World Health Organiza-
tion’s standard for safe recreational contact. Klam-
ath Riverkeeper has joined with commercial fish-
ermen and the Karuk Tribe to deal with the toxic
water coming from the Iron Gate Dam.
After the last two years of fishing shut-downs,
“Fix the Klamath” and “Bring the Salmon Home,”
have become the rallying cries of the commercial
fishermen, tribes and environmental groups, in-
cluding Klamath Riverkeeper.
Predictions for this year’s fall Chinook run show
some short-term relief. Whole towns and tribal
communities wait to see if they can survive another
year with little ocean salmon fishing.
After years of struggle, the people of the Klam-
ath are ready for change. Farmers, Native people,
environmentalists and fishermen are all talking.
Agencies are starting to think about the impending
extinction of many of the Klamath’s diverse species.
Te public is demanding healthy wild salmon.
Te removal of the Klamath dams is just the be-
ginning of the restoration of the Klamath salmon
and fisheries. In the next year, the fate of these dams
and the Klamath Coho in the Klamath’s tributaries
will be decided. With this decision lies the fates of
the cultures and economies of the Klamath basin.
Klamath Riverkeeper and our many partners and
supporters will be there. W
K
A
R
I

N
O
R
G
A
A
R
D
Tr adi t i onal sal m on bake
on t he Kl am at h Ri ver
K
A
R
U
K

T
R
I
B
E
Ron Reed, t he Kar uk
Tr i be’ s cul t ur al bi ol ogi st ,
f i shi ng at I shi Pi shi Fal l s.
44 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S
» I T WAS 1999, and from the middle of the Potomac
River below Harper’s Ferry, West Virginia, I had
spotty reception on my cell phone. Tis is where
several hundred million years ago a giant flood
broke through the Blue Ridge Mountains and cut
a path that emptied a sea whose bottom we now
call the Potomac Highlands. Here, the historic
Shenandoah River joins the Potomac; at times its
flow pushing up the Potomac, at other times being
pushed, all depending on where the rain fell.
Giant tombstone ledges of granite cross the riv-
er, holding pools of water back only to flow through
cuts hammered out by floods. Tese are some of
Potomac’s mightiest rapids. With names like Mad
Dog and White Horse, they rumbled in the back-
ground as I tried to continue doing sales business. I
was playing hooky from my job, because the small-
mouth bass fishing through here was incredible
and I couldn’t stay away. An awesome population
of smallmouth bass was growing up that year, just
the strongest fish in the system, those that survived
the two floods in 1996.
I became a regular fixture of the river during the
work week, as my interest in selling things was dy-
ing and I was being reminded that I had grown up
on rivers, and that’s where I felt best.
It wasn’t long before I began meeting guides
from Mark Kovach Fishing Services. Men rowing
whitewater rafts through these waters with fisher-
men attached to swivel seats, fishing as they floated,
came by every day like clockwork. I was fascinated
and I didn’t hide it well, because before long I was
being taught to row one of these things by a retired
tobacconist, John Hayes — also fishing guide, story
teller and big laugher.
Overnight I was hooked and began taking cli-
ents out on the nation’s river the next spring.
Among the guides was Butch, a full time car sales-
man; Mark, a defense contractor; Dave, a middle
school teacher and gifted writer; Rick, who worked
in IT; and Mark Kovach, the original handlebar-
mustached fishing guide. Tey were all doing the
same thing that I was, feeding their souls by taking
people fishing.
By spring of the next year, now with my own
boat, I needed to see more of the Mid-Atlantic’s
rivers, so I started Playing Hooky Guide Service.
Over the next seven years I twisted and turned my
boat along dozens of rivers laid out in more than
100 different floats. I don’t know how many fisher-
That ’ s t he quest i on t hat
r esi dent s of t he DC
m et r opol i t an ar ea ar e
aski ng t hem sel ves about
t he f i sh i n t he Pot om ac
Ri ver. Ar ound t he nat i on’ s
capi t al m al e f i sh ar e
devel opi ng ovar i es i n t hei r
r epr oduct i ve or gans. The
condi t i on — known as
i nt er sex f i sh — i s l i nked
t o hor m one di sr upt i ng
chem i cal s f r om ani m al
wast e, i nsect i ci des,
cosm et i cs and m edi ci nes
i n our wat er ways. These
chem i cal s ar e t aki ng a t ol l
on t he f i sh — and unt i l
we know f or sur e — who
i s t o say t hat t hey ar e not
t aki ng a t ol l on us?
I n Oct ober, Pot om ac
Ri ver keeper Ed M er r i f i el d
t est i f i ed bef or e t he U.S.
H ouse Com m i t t ee on
Gover nm ent Ref or m
and ur ged Congr ess t o
act bef or e t he pr obl em
becam e even wor se.
M er r i f i el d descr i bed t he
chem i cal s causi ng t he
m ut at i ons, t he danger s
t o hum an heal t h and
EPA’ s sl ow r esponse t o
t he m at t er. “ I n t he l ong
r un,” he war ned, “ keepi ng
t hese chem i cal s out of
our r i ver s and st r eam s i s
what m at t er s.”
Fish-he
or
fish-she?
By Shenandoah Riverkeeper Jeff Kelble
Phot os by Shenandoah Riverkeeper
Playing
Bul l Fal l s on t he
Shenandoah Ri ver
H OOKY
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 45
men watched the back of my head while I rowed as
I tried to see around their buddy in front of me. We
were all after that mystical giant smallmouth.
Soon I knew all the faces. Te jokes were familiar
and I found myself on the Shenandoah River more
than anywhere else. Some-
thing was different about this
river, its waters green tinted
and clear, thick with sweep-
ing star-grass, bugs and fish.
A river whose floor was bed-
rock and permanent, running
along the base of the Blue
Ridge Mountains; bouncing
though the Shenandoah Val-
ley between the Allegheny
and the Blue Ridge ranges.
Pushing boulders along that
used to ride ridge tops and
pulling trees that used to
hold its banks together before
the floods. Te river pushed
through history and pulled me
in. Tis valley became my fam-
ily’s home. It wasn’t until later
when I began building my bed
and breakfast that I learned my
family farmed the Shenandoah
Valley 250 years before — liv-
ing off the land and its waters.
For thousands of years the river has been the fo-
cal point of settlement for indigenous people with
stone suitable for cutting points, rich soil for ag-
riculture, flourishing wildlife and a river that ran
heavy with fish. Few miles pass while floating the
Shenandoah where you don’t see evidence of an-
cient V-shaped fish structures first cut into the
stone thousands of years ago. Tese ancient V’s
concentrated fish through passageways where they
were speared or corralled into baskets. Even today
in our highly technological age, rods and reels are
as sophisticated as we’ve gotten.
Sadly, the Shenandoah River no longer supports
the renowned population of fish that once helped
me earn my living. Historically bountiful popula-
tions of at least one native fish are nearly gone be-
cause of years of fish kills. So in 2006 I closed my
guide business to become the Shenandoah River-
keeper. Fixing the river is going to be complex. But
already I’ve brought my first lawsuit against one
major polluter, and in many senses, already won.
Te list of polluters is long, but I have only just be-
gun my work. W
Aut hor Jef f Kel bl e
and com f or t abl e
passenger.
I n l at e sum m er 2006 on
pat rol al ong t he Sout h
Shore of St at en I sl and
I not i ced som e bi rds
worki ng hard on som e
bai t fi sh near t he surface. I
knew t here was a fi shi ng
rod som ewhere on t he
boat . I t was a four pi ece,
very l i ght rod, wi t h even
l i ght er l i ne. I al so found
a rust y l ure, t i ed i t on
and qui ckl y cast i nt o t he
m i ddl e of t he t urm oi l .
I m m edi at el y, I fel t a huge
hi t , set t he hook and l et
t he l i ne run out al m ost i t s
ent i re l engt h. The next 20
m i nut es were as m uch fun
as I ever had fi shi ng. When
I fi nal l y got t he fi sh al ong
si de, i t was a m onst er. I
got t he fi sh on board,
Ri ck Jacks t ook t he pi ct ure
and we l et t he beast go t o
hunt som e m ore. I went
hom e wi t h t he pi ct ure and
braggi ng ri ght s.
NY/NJ
Baykeeper
Andy Willner
and blue fish
46 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S
» YEARS AGO , I remember going out with my grand-
father to fish for shrimp with atarralla, a type of
fishing net. We used to catch up to 150 or 200 kilo-
grams of shrimp. We would go to the beach and fill
up entire sacks by hand. Today, there are 20 to 25
fishermen who have dedicated themselves to catch-
ing shrimp with atarralla, but they do not catch
more than eight to 10 kilograms in a day. Similarly,
other fish, like clams, blue crabs and mollusks, have
become scarcer in Bahía Magdalena.
Seventy percent of the population of Puerto San
Carlos depends directly on fishing in Bahía Mag-
dalena. Te area is rich with seafood, but in recent
years it has been overexploited. It is our interest
to promote responsible fishing and to protect the
bay from the industrial and domestic pollution that
threaten it.
When I started fishing in 1991, fishing was a
wonderful experience in every sense. Back then,
we could catch enormous amounts of lobster,
shrimp, abalone and fish. But today, fishing has
declined because of over fishing. In the last five
years the population of San Carlos has grown
exponentially. People come from other parts of
the country to try to survive, but this limits the
amount of resources available per person. Today,
the signboard to the entrance of the community
hasn’t been changed, it says population 3,000, but
the reality is probably 11,000.
We need responsible fishing, good regulation
and strong enforcement. So far, planning and con-
servation efforts have been weak. But people trust
us, they believe in the objectives of Magdalena Bay-
keeper. We are filling a void in the community for
the good of our bay.
» H ACE AÑ O S, recuerdo salir con mi abuelo a pescar
camarón con atarralla (un tipo de red). Soliamos
capturar hasta 150 o 200 kilogramos de camarón.
Ibamos a la playa y llenabamos sacos enteros a
mano. Ahora hay entre 20 y 25 pescadores que se
dedican a pescar el camarón con atarralla y cap-
turan solamente entre ocho y 10 kilogramos en un
día. Pasa lo mismo con los otros pescados, almejas,
cangrejos azules, moluscos, todos se han vuelto
muy escasos en Bahía Magdalena.
Setenta por ciento de la población de Puerto
San Carlos depende directamente de la pesca en
Bahía Magdalena. El área es rica en mariscos, pero
en años recientes que han sido sobre explotada. Es
nuestro interés promover la pesca responsable y
proteger la bah ía contra la contaminación indus-
trial y doméstica que la amenazan.
Cuando comencé a pescar en 1991, la pesca era
una magnifica experiencia en todos los sentidos. En
ese entonces, podíamos extraer grandes cantidades
Waterkeeper
By Julio Solis, Guardaguas Bahía M agdalena/ M agdalena Baykeeper
de langosta, camarón, abulon y pescado. Pero hoy,
la pesca ha disminuido debido a la pesca excesiva.
En los ultimos cinco años la población de San Car-
los ha crecido exponencialmente. La gente viene
de otras partes del país para sobrevivir, pero ésto
limita la cantidad de recursos disponibles por per-
sona. El letrero a la entrada de la comunidad no se
ha cambiado, anunciando una población de 3.000,
pero la realidad es probablemente 11.000.
Necesitamos la pesca responsable, necesitamos
la buena regulación y la aplicación fuerte de la ley.
Hasta ahora, los esfuerzos del planeamiento y de la
conservación han sido débiles. Pero la gente conf ía
en nosotros, creen en los objetivos del Guardaguas
de Bahia Magdalena. Estamos llenando un vacío
en la comunidad por el bien de nuestra bahía. W
C
H
R
I
S

P
R
E
S
E
N
T
I
Pescador
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 47
» I N TH E late 1800s Abe Burns and his friend Jake
Washington used to ‘noodle’ for catfish just be-
low Bowesock Dam, a stone dam constructed on
the Kaw in 1874. After fastening a large hook to a
board, they would tie the board to their arm and
plunge underwater, searching holes below the
dam where large cats liked to hide. When they
found a big cat they gaffed it with the hook and
brought it to the surface. One day, Abe hooked
on to a cat that was far too big for him to handle.
Neither Abe nor the catfish surfaced until sev-
eral days later when both he and the fish were
found downstream — still hooked together.
Noodling is now illegal on the Kaw. But
safe, responsible access to the Kaw is a public
right. Public access and recreational use of the
river is essential to its protection. Simply put, un-
less people get out in the water, they aren’t going to
understand and appreciate what they have.
Nevertheless, for a long time, public boat ramps
were so limited that boating on the Kaw was rare.
Some fished from the banks of the river, but only
those willing or able to maneuver their boats
through the muddy, undeveloped access points
— mostly under bridges — were able to get onto
the river.
Te state recognizes the Kansas River as one of
the state’s only three publicly navigable waterways,
along with the Arkansas and Missouri Rivers. Teir
tributaries are considered private property and are
closed for recreational purposes. Although this is
a violation of the Public Trust Doctrine, there has
been little complaint. After 1951, when a Kansas
River flood devastated Kansas City, reservoirs were
constructed on the river’s tributaries to prevent the
river from deluging nearby cities. Te reservoirs,
complete with fishing, sailing, water-skiing, picnic
areas and camping grounds, are in part the reason
why the Kaw and its tributaries have been over-
looked for their recreational potential.
Since 2003, Friends of the Kaw and Kansas
Riverkeeper have been working to reopen public
access to the river. Tat year, Mike Calwell, the
kingfish of Kansas Riverkeeper’s access projects,
received a grant from the Federation of Fly Fish-
ers to work with a local community — St. George
— to construct the first access ramp along the Kan-
sas River in 20 years. Since then, the Kansas River-
keeper’s quest for open access has snowballed.
With four access points completed and two more
on the way, state and county governments and even
communities along the Arkansas River are follow-
ing our lead. Our dream of a public access ramp to
the Kaw every 10 miles is almost a reality. Although
there’s no more noodling, we believe that Abe and
Jake would be very happy to see people back on the
Kaw, fishing. W
Accessing
By Kansas Riverkeeper
Laura Calwell
The Kansas Ri ver r uns
over 171 m i l es of pr ai r i e
f r om Junct i on Ci t y t o
Kansas Ci t y. Af f ect i onat el y
know as t he Kaw, i t i s a
shal l ow, sandy bot t om ed
r i ver wi t h deep hol es
— habi t at l oved by Bl ue,
Channel and Fl at head
Cat f i sh. Cat f i sh st ay i n t he
hol es dur i ng t he day and
vent ur e t o t he shal l ows
t o f eed af t er dar k. The
Kansas st at e r ecor d Bl ue
Cat f i sh — 94 pound
— was caught her e.
Abe Bur ns ( on t he l ef t ) and Jake Washi ngt on i n 1895 showi ng of f
t hei r day’ s cat ch of a 90 and a 110-pound Bl ue Cat f i sh ( bef or e
st at e r ecor ds wer e docum ent ed) .
Bi l l and N or m an Cr oss
cat ch & r el ease a 65 pound
Bl ue Cat f i sh on t he Kaw i n
Apr i l 2004.
D
O
U
G
L
A
S

C
O
U
N
T
Y

H
I
S
T
O
R
I
C
A
L

S
O
C
I
E
T
Y
,

L
A
W
R
E
N
C
E
,

K
S
48 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S
t he Kaw
» O VER TH E years the question has remained the
same, “Are those river shrimp?” But the reason for
the question has changed. Almost 30 years ago,
when I first worked in a fish market, the customers
wanted river shrimp. Tey knew that shrimp from
the river had a different texture and a slightly dif-
ferent taste to them. Te customer didn’t know that
what they called river shrimp were actually juvenile
Atlantic White shrimp or that the slightly different
taste and texture was the result of the shrimp living
in, what was many times, almost freshwater. Tey
just knew they liked them.
Today our customers will ask the same question,
but for a significantly different reason; they don’t
want river shrimp. Tey’re skeptical of the safety of
river shrimp. Tey’re skeptical of any seafood com-
ing from our river.
Tat’s a sad thing, for our St. Johns is still
a magnificent and productive estuary. It nurtures
not only shrimp but many other commercially
valuable fish and crustaceans. Just as importantly
though, our river also nurtures and sustains the
fisherman who have traditionally, and sustainably,
harvested them for our tables.
Having been a commercial fisherman, and for
the last 25 years worked in and owned fish markets,
it’s been clear to me for a long time that if we are to
sustain, not only the fish and shrimp and crabs, but
the fisherman who harvest them, then we need to
protect our river. When you harvest seafood for a
River Shrimp By Ben William s
When you
harvest
seafood for
a li vi ng, i t
becomes qui t e
clear t hat i f
t he underlyi ng
envi ronment
i s not healt hy,
your economi c
prospect s
aren’ t goi ng
t o be healt hy
ei t her.
Aut hor Ben Wi l l i am s i s
a boar d m em ber of St .
Johns Ri ver keeper.
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 49
» I N CO N GRESS’ final hours in 2006, it reauthorized the
nation’s primary fishery statute — the Magnuson-
Stevens Fishery Conservation & Management Act.
Tis law asserts U.S. jurisdiction over a vast body of
water stretching from 3 to 200 miles offshore and es-
tablishes federal fishery management authority.
Tis action was hailed by the Bush administra-
tion, members of Congress, fishing groups and the
two national ocean commissions as a major step
forward. Te law ensures a more scientific ap-
proach to fisheries management in the ocean and
sets a firm deadline to end over fishing.
Despite the hoopla, however, serious problems
remain in the effort to ensure an ample supply of
fish in ocean waters. Laws, after all, are just words
unless there is the political will and funds available
to implement and enforce them. Te Magnuson-
Stevens Act, which is a 20-year old law, already
had a prohibition on over fishing that was not ade-
quately enforced. Congress and the administration
fail to spend the money needed for fish population
research and enforcement, making it diffi cult, if
not impossible, to establish seasons and quotas for
sustainable fishing.
And a huge gap in federal protection remains:
no law takes a comprehensive approach to making
sure there are not only enough fish, but that the fish
are also safe to eat. If we are to have fishable waters
and edible fish, we will need to invoke the Magnu-
son-Stevens and Clean Water Acts, plus state laws
that regulate polluted runoff, a major source of fish
contamination that the Clean Water Act virtually
ignores. A close collaboration of Waterkeepers and
fishermen in this effort will preserve this nation’s
great fishing heritage and access to a healthy boun-
ty from our waters. W
living, it becomes quite clear that if the underlying
environment is not healthy, your economic pros-
pects aren’t going to be healthy either.
It was with that understanding that I drove
down to the University of Florida’s Whitney Lab
in Marineland one evening seven or eight years
ago. I didn’t know exactly what a Waterkeeper
was but I knew that the existing environmental
efforts, some of which I had been a part of, had
not been very effective in protecting our river.
Tat first organizational meeting was not overly
encouraging. As we all know, when you put rec-
reational fisherman, commercial fisherman and
an environmentalist together in a room there is
a certain initial tension, and in that little room it
was tense.
Fortunately though there were a few folks in that
little room who saw the big picture and understood
what needed to be done. Te birthing process
was painful, but successful. St. Johns Riverkeeper
emerged. Over the years we’ve managed to stay fo-
cused on our mission: clean and healthy waters in
the St. Johns River.
And it’s that vision that brings me back to the
question, “Are those river shrimp?” Our job is to
turn back the clock on that question so future
generations will reap the benefits of a healthy St.
Johns River. W
Fishable Waters,
By Z eke Grader,
Execut ive D irect or
of t he Pacific
Coast Federat ion
of Fisherm an’s
Associat ions, and
California Coast keeper
Linda Sheehan
Edi ble Fi sh
50 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S
J
A
S
O
N

H
O
U
S
T
O
N
» RESPO N SI BI LI TY FO R monitoring the safety of our
fish and shellfish falls to the states. Forty-eight
states, the District of Columbia and America Sa-
moa have fish advisories in place — warning the
public to limit or avoid the fish caught in their wa-
ters because of contamination. In 2003, 92 percent
of the Atlantic Coast and 100 percent of the Gulf
Coast were under advisory. On the Pacific Coast
states do not issue statewide advisories, but Hawaii
has issued a statewide advisory for marine fish.
D on’t Look, D on’t Tell Policy
Fishermen and fish consumers across the country
are not being supplied with the information they
need to make educated choices about the fish they
eat. Meanwhile, EPA looks on while the states do
away with their monitoring programs and public
fish consumption guides.
M ercury Rising
Six hundred and thirty thousand infants are born
each year with unsafe levels of mercury in their
blood, according to U.S. EPA and Centers for
Disease Control. Forty-four states have statewide
mercury fish advisories. Te largest emitters of air-
borne mercury in America are the 1,100 coal burn-
ing power plants that spew roughly 50 tons of mer-
cury each year, poisoning our nation’s lakes, rivers
and streams, fouling our food supply.
Seafood Consumption Advisory
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 51
J
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In 2004 FDA and EPA issued a joint
consumer advisory about mercury in fish
and shellfish. Their advice:
Fi sh and shel l f i sh ar e i m por t ant par t s of a heal t hy and bal anced di et …
H owever, dependi ng on t he am ount and t ype of f i sh you consum e i t m ay
be pr udent t o m odi f y your di et i f you ar e: pl anni ng t o becom e pr egnant ;
pr egnant ; nur si ng; or a young chi l d. Wi t h a f ew si m pl e adj ust m ent s,
you can cont i nue t o enj oy t hese f oods i n a m anner t hat i s heal t hy and
benef i ci al and r educe your unbor n or young chi l d’ s exposur e t o t he
har m f ul ef f ect s of m er cur y at t he sam e t i m e.
Speci f i cal l y:
1. Do not eat Shar k, Swor df i sh, Ki ng M acker el , or Ti l ef i sh because t hey
cont ai n hi gh l evel s of m er cur y.
2. Eat up t o 12 ounces ( 2 aver age m eal s) a week of a var i et y of f i sh and
shel l f i sh t hat ar e l ower i n m er cur y.
• Fi ve of t he m ost com m onl y eat en f i sh t hat ar e l ow i n m er cur y ar e
shr i m p, canned l i ght t una, sal m on, pol l ock, and cat f i sh.
• Anot her com m onl y eat en f i sh, al bacor e ( “ whi t e” ) t una has m or e
m er cur y t han canned l i ght t una. So, when choosi ng your t wo m eal s
of f i sh and shel l f i sh, you m ay eat up t o 6 ounces ( one aver age m eal )
of al bacor e t una per week.
3. Check l ocal advi sor i es about t he saf et y of f i sh caught by f am i l y and
f r i ends i n your l ocal l akes, r i ver s, and coast al ar eas.
» TH I S SPRI N G, Canadians will decide the future of
the nation’s most powerful, most important en-
vironmental law — the Fisheries Act. When the
dust settles, Canadians may be left with one of
the most effective, protective water laws in the
world. Or short-sighted, rushed decision-mak-
ing may rob Canadians of the best tool we ever
had to safeguard our waterways, our fisheries
and our communities.
Te Fisheries Act is nearly 140 years old. It
shapes the Canadian fishery, influencing who
gets to take fish from what areas, how much and
under what conditions. It also prohibits the de-
struction of fish habitat and the pollution of wa-
terways. Te pollution prevention rules, added a
little more than 30 years ago, are the rules that
Waterkeepers live by. And they are under siege.
Today’s Fisheries Act says that no one can put
toxic substances into waters where there are fish
and no one can destroy fish habitat without gov-
ernment authorization. Offenders can be tried in
criminal court and face fines of up to one million
dollars a day or jail time if they are convicted.
Te rules that clarify how the law is enforced
have been established by various courts through
years. Te standards are clear, they apply equally
to every polluter and they equally protect every
waterway in the country.
Today’s Fisheries Act encourages citizens to
protect their local waterways. Anyone who has
evidence that an offence is being committed can
prosecute the polluter in court. Tis right is an
important protection against government inac-
tion. It is one of the hallmarks of the Canadian
justice system.
Te Fisheries Act is not perfect. Te federal
government has used it to write regulations ex-
empting mining and paper facilities from adher-
ing to environmental standards. It takes time,
money and good lawyers to win a Fisheries Act
case in court. Historically though, the Fisheries
Act has been the best — and possibly only — na-
tional tool that Canadians can use to hold pollut-
ers accountable, win back lost fisheries and ward
against new threats to our waterways. Investiga-
tions and occasional prosecutions of Fisheries
Act offences have led to cleanups of contaminat-
ed sites across the country. One conviction often
leads to the cleanup of an entire industrial sector,
because the national law sets a bar that protects
every community. Desire to comply with the
Fisheries Act motivates industry and developers
to protect fish habitat and clean water.
A new version of the Fisheries Act, now be-
ing rushed through Parliament, threatens to
take away Canadians’ right to clean waters and
healthy fish. Tis proposal is a complete over-
haul, eliminating the most important protections
for citizens’ right and our waterways. Gone is the
rule that says a community will participate in an
environmental assessment if fish habitat is to be
destroyed. Gone is the rule that ensures at least
one-third of every river is always unobstructed.
Gone is the rule that says ships can’t sweep coal
ashes into our waterways. Gone are the key defi-
nitions that prohibited the deposit of deleterious
substances — pollution — into Canadian waters.
Te proposal takes environmental protection
away from citizens and independent courts and
concentrates power in the minister’s offi ce. It
abandons rule of law in favour of ministerial dis-
cretion, politicking and lobbying. Te proposed
new Fisheries Act would abandon fish, and pro-
tect corporate interests through grants, loans,
and insurance programs. It also offers up a new,
softer response to serious environmental crimes
by allowing “alternative measures agreements”
to replace guilty pleas and criminal records — an
approach that is radically different from this gov-
ernment’s other crime policies.
Canadians rely on a strong Fisheries Act to
protect our waters, our traditions and our com-
munities. For the first time in years, the federal
government is focused on one of the country’s
most pressing issues. But corporate lobbyists
and large industrial polluters are steering the
ship. It leaves us asking, why? And gearing up for
a fight. W
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Ear l y m or ni ng
over l ooki ng t he
Ot t awa Ri ver and
Par l i am ent H i l l i n
Ot t awa, Canada.
KN O W YO U R RI G H T S
Fisheries Act U nder Attack
By Kryst yn Tully,
Vice President ,
Lake O nt ario
Wat erkeeper
» the way
FORWARD
Polluters assume possession of a waterway when people stop swimming and boating, catching and eat-
ing the fish. Te public perception that a waterbody is ‘dead’ is a self-fulfilling prophecy. With the public
off the water, government offi cials can downgrade protection and use the waterway as a sewer. Te law is
clear, but law enforcement is weak. Citizens must stay on the water to exercise their rights as owners and
stewards of our waterways.
So get out there. Assert your ownership. And enjoy. W
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Wi t h a r i ver, i t ’ s use i t or l ose i t .
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 53
Teach Wealt h
By N ick Vos-Wein, H ackensack Riverkeeper Project M anager
» H ACKEN SACK RI VERKEEPER’S Urban Watershed Edu-
cation Program teaches middle school students
how to fish. And through fishing, the students ex-
perience the wealth of a personal encounter with
their local waterway.
We use games to teach kids about the fish that
live in their local river or lake. Students conduct
a cleanup of their school grounds and affi x a per-
manent marker to stormdrains that reads, ‘Don’t
Dump. Drains to Your River.’ Tey get on the wa-
ter with Hackensack Riverkeeper Captain Bill
Sheehan and try their hand at water quality test-
ing. Te final morning is spent learning to cast.
Ten they spend the day fishing. For many, this is
their very first time holding a fishing rod.
Over the past decade, we have reached thou-
sands of young people. Kids who live in an en-
vironment too often defined by pavement and
concrete learn that no matter where they live, they
are connected to nature. Tey just need to get out
on the water. W
Sky Sight
Thi s Januar y, 850 st udent s f r om H .B. Lee M i ddl e School i n Por t l and, Or egon
becam e a st ur geon f or an hour t o concl ude t he Ar t For t he Sky pr oj ect , sponsor ed
by Col um bi a Ri ver keeper. Ar t For t he Sky com bi nes ar t , m usi c, m at h, hi st or y and
sci ence and cul m i nat es i n a gi gant i c l i vi ng pai nt i ng on t he school ’ s at hl et i c f i el d
col or ed and shaped by t he l i vi ng f or m s of par t i ci pant s.
H
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Ri ver keeper -t r ai ned f i sher m an
shows of f hi s cat ch at Wi l son
Pond i n Li nden, N J.
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54 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S: T H E W AY F O RW ARD
» M Y FI RST recollection of fishing was digging. Af-
ter about an hour or two, my father and I might
be lucky enough to find 75 to 100 worms. Ten, to
the river to find a nice eddy hole with no branches
overhead so we could flip our lines, hook and sink-
er, in hopes a fish would spot the worm.
Tis was in the middle 1930s. Most of the fishing
was from the banks or wading. Te few boats that
were used were moved by paddles or oars. Once
in a while you could hear a motor putting up and
down. Tere were fewer gators then, more beaver
and deeper channels. In the summers after school
was out daddy would take me on an all day trip on
the Choctawhatchee down in Florida. We would
leave before daylight, get home after dark. And
hopefully dress a big mess of fish before bedtime.
In 1940 my father purchased our first outboard
motor, a Johnson 5 HP.
In 1944 I made my first overnight float trip from
Clayhatchee to Geneva with my long-time friend
Joe Watson. We cast artificial lures during the day
and set hooks at night. We caught fish like you
wouldn’t believe, at least it seems that way now. I
think the fishing on the river has always been good.
It is just as good now, of course it varies as to the
capability of the fisherman.
Te biggest change in fishing is technology. Bet-
ter poles, reels and rods, plastic lures. My favorite
lures in the 1950s and 1960s were Hawaiian Wig-
glers, Lucky 13’s, inline spinners (preferably yellow)
and, of course, I still fish worms and crickets. I’ve
found that the very best fishing times are in spring
and fall — fall especially after hunting season be-
gins when there are fewer folks on the river!
All in all — the fish are still there. It’s up to you
to go catch them. So go fish the river! W
By D r. Jack A. M ills, Jr.
Go Fish
Fi shi ng N ew Yor k Bay
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“ Jack M i lls
i s our best
set of eyes
on t he ri ver,
report i ng
problems
and
vi olat i ons
from poor
loggi ng
operat i ons
t o t i re
dumps.”
Michael William Mullen,
Choctawhatchee
Riverkeeper
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 55
Phot ogr apher and
f l y-f i sher m an Jason
H oust on f i shes t he
t i ny Gr een Ri ver i n hi s
hom et own i n West er n
M assachuset t s.
Fishing
to See
By Jason H oust on
» I D O N ’T fish to catch fish. I go out when I think there will be fish around. I
choose rivers that I think will have fish in them. I do my best to understand the
biology and ecology of the hunters and the hunted. And I have been accused of
carrying around that silly grin fishermen get after they catch a fish. But I don’t
fish to catch fish.
I fish to see things differently. I am a photographer and photography in-
forms everything I do — except fishing. Waist deep in the current, methodi-
cally, repeatedly — maybe obsessively — slinging my line and squinting at the
passing riffl es, I experience the world not as stills, but for the fluid, delicate,
ever-changing thing it is.
Fishing is a way of experiencing the incomprehensively complex relation-
ship between fish, water, light and insect — one I appreciate and try to par-
ticipate in, but don’t feel the need to try and fully understand. Even the best
fishermen, really, only luck into catching fish. W
56 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
KN O W YO U R RI G H T S: T H E W AY F O RW ARD
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 57
M AKI N G H EAD LI N ES
I ce Forces Tanker From
N ikiski D ock
Anchorage D ai l y N ews — Anchor age, AK
“Some apologists might argue the system
worked because the tanker didn’t end up
on the beach again,” said Cook Inletkeep-
er Bob Shavelson. “But any time you have
an oil tanker forcibly removed from its
berth, it’s clear to most reasonable people
there’s a serious problem.”
Regulat ory Gap St ifles
Pollut ion Cont rol
Voi ce of San D i ego — San Di ego, CA
“Every action you do, it has a ripple ef-
fect. We tend to look at these things in
boxes, and they’re not,” said San Diego
Coastkeeper Bruce Reznik.
Ext ending M arine Reserves
M ust Be D one Thought fully
The Argus — Fr em ont , CA
California Coastkeeper Linda Sheehan
notes this proposal is “an essential part of
the puzzle” for restoring the health and
size of fish.
Problem Line Sees Surge
O f Sewage
Wi l m i ngt on M orni ng St ar — Wi l m i ngt on, N C
Cape Fear Coastkeeper Mike Giles said
the surging flow numbers show how inef-
fective the actions by the state and local
governments have really been.
Land And Sea
The Sant a Barbara I ndependent — Sant a
Bar bar a, CA
A rollaway dumpster was filled to the
brim last week after members of Santa
Barbara Channelkeeper confronted San
Pedro Creek in Goleta with trash bags in
hand.
End O f Year St orm Provokes
Beach H ealt h Advisories
M al i bu Ti m es — M al i bu, CA
One local teenage resident was not wor-
ried about the possible hazards presented
by storm runoff into the ocean. “Oh,
yeah. Tey always have that sign up.
Nobody pays any attention to it.” He de-
clined to give his name, saying, “My mom
is into the Baykeeper, so she wouldn’t
want to see my name in the paper.”
Brayt on Point Files Last -
M inut e Appeal
Fal l Ri ver H eral d N ews — Fal l Ri ver, M A
“We have got to get this solved as soon
as possible,” said Narragansett Baykeeper
John Torgan. “Te corporation has cho-
sen a path of endless appeals, which is of
great concern to us because these delays
continue to damage the bay further.”
Sewage Spills Garner
$ 2.5 M illion I n Fines
The Log N ewspaper — I r vi ne, CA
Santa Monica Baykeeper Tracy Egoscue
said her organization is happy the issue
didn’t reach the courts. “Tis agreement
puts over 2 million into water qual-
ity research and education,” she said.
“Instead of hiring attorneys, we will be
studying water pollution and teaching
Angelinos on what we must do to make
our rivers and beaches safe.”
O sprey N est : I f They Build
I t , Will They Com e?
H ol m del I ndependent — H ol m del , N J
According to NY/NJ Baykeeper Andy
Willner, in the not so distant past ospreys
were often seen nesting in the borough.
But today, he believes there are no
ospreys nesting or mating in Keyport.
“Te osprey pair that was nesting [here]
moved right across the harbor to Aber-
deen,” Willner said.
Transport M eet ing Aim ed At
Public Part icipat ion
M obi l e Regi st er — M obi l e, AL
“If you are interested in where roadways
will go, how they will be built and the
plans involved in building them, you
need to come and let the offi cials hear
your thoughts,” said Mobile Baykeeper
Casi Callaway.
N ew D ischarge Perm it
H inges O n Cont roversy
Tol edo Bl ade — Tol edo, OH
Western Lake Erie Waterkeeper Sandy
Bihn said she recognizes the intake is
separate from the discharge permit. But
she wonders if the warm water dis-
charged into the bay contributes to the
proliferation of microcystis and other
forms of blue-green algae that have
Ever yday
Wat er keeper s ar e
cover ed i n t he
pr ess – her e ar e
som e Wat er keeper
st or i es f r om
Januar y 2007
IN TH E
News
58 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
re-emerged almost annually in western
Lake Erie since 1996 after nearly a 25-
year absence.
Klam at h Riverkeeper Want s
Klam at h H at chery Cleaned U p
kgw.com — Por t l and, OR
Klamath Riverkeeper Regina Chichizola
has sent a 60-day notice of intent to sue
under the Clean Water Act.
D own The D rain
E/ The Envi ronm ent al M agazi ne — N or wal k, CT
“Te issue is non-point source runoff
from our homes and streets,” said Long
Island Soundkeeper Terry Backer. “It
ends up in Long Island Sound, and it af-
fects public health.”
Count y Finally O Ks Com p
Plan U pdat e
Em eral dCoast .com — Sandest i n, FL
Te Apalachicola Riverkeeper’s Dan
Tonsmeire urged commissioners not to
wait until 2007 to make comprehensive
plan changes regarding water access,
wetlands protection and affordable
housing, but to delay enacting this comp
plan update for four to five months until
those items could be incorporated in this
go-around.
Exxon M obil’s Biggest O il
Spill? Look I n Brooklyn, N ot
Alaska
Bl oom berg — N ew Yor k, N Y
“Tere are people who live above this
that still don’t know about it,’’ said Basil
Seggos, chief investigator for River-
keeper.
Environm entalists’ H opes Raised
Bal t i m ore Sun — Bal t i m or e, M D
“Our elected offi cials have to listen to us,
and I think that is reflected in this deci-
sion,” said West and Rhode Riverkeeper
Bob Gallagher.
Farm s M ight Face Lawsuit s
York D ai l y Record — Yor k, PA
Lower Susquehanna Riverkeeper Michael
Helfrich said the ultimate goal is to pro-
tect the river from being contaminated
with manure runoff.
Bot t om -Feeding Fish St ill
N ot Safe For Consum pt ion
Lawrence Journal Worl d — Lawr ence, KS
Despite the decline in some levels of
chemicals in the river, pollution is still
a major concern, according to Kansas
Riverkeeper Laura Calwell. Intentional
dumping is a problem up and down the
river, she said.
Cit izens: Back O ff The M arshes
Savannah M orni ng N ews — Savannah, GA
“Lots of what we see here is not rules but
guidelines or suggestions,” said Linda
Smith, who represented the Ogeechee-
Canoochee Riverkeeper. “Tey have too
many outs and loopholes. If I sit a child
in front of a plate of donuts and a plate of
spinach and suggest he eat, what do you
think he’s gonna do?”
St at e O Ks D isput ed Transfer
From Cat awba
Tryon D ai l y Bul l et i n — Tr yon, N C
“It’s a black day on the Catawba,” said
Riverkeeper Donna Lisenby after hearing
the decision. “Te opportunity for a re-
gional solution, collaboratively reached,
is over.”
I ndian Point N uclear Plant
I n Fishy Cont roversy
WCBS-TV — N ew Yor k, N Y
“It’s far, far too early to be alarmist,” said
Lisa Rainwater, Indian Point Campaign
director for Riverkeeper. “But what we’re
looking at now, if it’s in the fish, that
means it’s also been contaminating the
soil, the sediment, the plankton.”
Klam at h Riverkeeper To Sue
PacifiCorp
Bi zj ournal s.com — Char l ot t e, N C
Klamath Riverkeeper on Wednesday filed
a 60-day notice of its intent to sue Paci-
fiCorp, claiming the utility is polluting
Klamath River.
‘Salt M arsh Soldiers’ Clean
U p, St udy And Prom ot e
Wet lands
Fl ori da Ti m es-Uni on — Jacksonvi l l e, FL
Te students have gained insight into
wetlands ecology from experts such as
Altamaha Riverkeeper James Holland.
Wat er, Wat er, Everywhere... But
I s I t Clean Enough To D rink?
N C St at e Uni versi t y Techni ci an O nl i ne
— Ral ei gh, N C
Upper Neuse Riverkeeper and State
alumni, Dean Naujoks enforces legisla-
tion to keep Falls Lake clean enough for
consumption.
U nsolved M yst ery:
St yrofoam I n The H udson
M i d-H udson N ews — N ewbur gh, N Y
Riverkeeper has teamed up with Metro-
North Railroad and others in an effort to
find out how the material got there.
Groups Say M ore Funds,
Act ion N eeded For AL
Wat erways
Ti m es D ai l y — Fl or ence, AL
Black Warrior Riverkeeper Nelson
Brooke said much more could be accom-
plished with adequate funding.
Lawsuit Set t lem ent Sends
M essage To D evelopers To
O bey Law
Em edi awi re — Fer ndal e, WA
How do you keep a river healthy? An-
swer: you have to keep the streams that
feed it free flowing and clean. And that
is just what the Georgia Center for Law
in the Public Interest – representing
Ogeechee-Canoochee Riverkeeper and
Altamaha Riverkeeper – has done by
negotiating a settlement in their lawsuit
filed against a Swainsboro developer in
United States District Court.
Groups Claim Vict ory I n
Power Plant Fight
Poughkeepsi e Journal — Poughkeepsi e, N Y
“Tis historic decision validates what
the environmental community has been
saying for decades,” Hudson Riverkeeper
Alex Matthiessen said in a statement.
“Te Clean Water Act requires use of the
best technology available. By ignoring
that requirement EPA has thwarted the
will of Congress and repeatedly failed to
protect fish and wildlife from needless
devastation at the hands of power plants.”
Environm ent al Groups H ope
To H alt Cem ent Plant ’s
Swit ch From Coal
CBC O t t awa — Ot t awa, Ont ar i o, Canada
Tey haven’t proved it won’t have
negative ramifications yet,” said Mattson,
president of Lake Ontario Waterkeeper. W
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 59
K
ai t ook t he si l ver hand-shackl es out of
Si r ena’ s hand and exam i ned t hem . The
cr af t sm anshi p was except i onal . They ap-
pear ed t o be i n r el at i vel y new condi t i on and next
t o t he keyhol e was engr aved a coat of ar m s depi ct -
i ng a si m pl e shi el d suppor t ed on ei t her si de by a
l i on and a sea ser pent .
“ I r ecogni ze t hi s m ar k,” Kai excl ai m ed, r unni ng
hi s t hum b over t he engr avi ng, “ I t ’ s t he Ki ng’ s
em bl em !”
Si r ena’ s br ow f ur r owed. “ That doesn’ t m ake
any sense Kai . Ki ng Cadassi i s swor n t o pr ot ect t he
l ands and peopl es of t he r eal m , why woul d he be
i nvol ved wi t h t he di sappear ance of m y f am i l y?”
Kai sat back at t he edge of t he cave’ s f r eshwa-
t er pool wher e Si r ena cont i nued t o bob gent l y,
fi xi ng hi m wi t h an i m pl or i ng st ar e. H e r an a
hand t hr ough hi s hai r as he t r i ed t o m ake sense
of ever yt hi ng t hat had happened i n t he l ast f ew
days. The Gr eat Ri ver had been poi soned, ki l l i ng
fi sh and veget at i on al l al ong i t s banks, l eavi ng
ever yone who depended on H er desper at e f or
dr i nki ng wat er and sust enance. M yst er i ousl y, t he
Wat er keeper had yet t o m ake an appear ance and
set t hi ngs r i ght . And now, Kai was f aced wi t h yet
anot her com pl exi t y – a m er m ai d whose f am i l y
seem ed t o have been ki dnapped by som eone f r om
t he Ki ng’ s guar d. Kai l eaned down and t ook a l ong
dr i nk of cl ean wat er and t hen spl ashed som e i nt o
hi s f ace.
“ Wel l , Kai ?” Si r ena pr odded, “ What ar e we go-
i ng t o do?”
Kai f el t l ost . “ I don’ t know Si r ena. I never ex-
pect ed any of t hi s. When I l ef t m y vi l l age I t hought
fi ndi ng t he Wat er keeper woul d be easy – but t he
CH APTER SI X
A Great Team
T H E WATERKEEPER’S W AKE
Aut hor Rebecca N or t han
i s an act or and di r ect or.
By Rebecca N ort han
f ar t her I t r avel , t he m or e conf usi ng al l of t hi s
get s. M aybe I shoul d head back, get m y f at her t o
hel p…I ’ m not sur e anym or e.”
Si r ena r eached out of t he wat er and gr i pped
Kai ’ s hand t i ght l y. “ Kai , i f you go back now you’ l l
onl y wast e pr eci ous t i m e! Thi nk about i t . The m or e
t i m e you spend t r avel i ng back t o your peopl e – t he
l onger t he Gr eat Ri ver wi l l r em ai n f oul ed, and who
knows wher e m y f am i l y, or t he Wat er keeper m i ght
be by t hen?”
“ But I ’ m j ust a chi l d!” Kai expl oded. “ M aybe
I was wr ong i n t hi nki ng t hat I was ol d enough t o
t ake on such a t ask. I shoul d have l ef t t hi s t o a
gr own-up t o t ake car e of .”
“ Li st en t o m e Kai ,” Si r ena soot hed, “ Your N oni
and t he peopl e of your vi l l age t r ust ed you enough
t o set out on your own – t hey bel i eve i n you, and so
do I . Besi des, i t ’ s not l i ke you have t o do t hi s on
your own anym or e – I ’ m com i ng wi t h you.”
“ H ow i s t hat possi bl e Si r ena?” Kai chal l enged,
“ You’ r e a m er m ai d, and I ’ m t r avel i ng by l and.”
Si r ena gi ggl ed as she l et go of Kai ’ s hand and
pul l ed her sel f out of t he wat er unt i l she was r est -
i ng on t he gr ound a f ew f eet f r om wher e Kai was
si t t i ng. Kai l ooked on doubt f ul l y as Si r ena br ushed
t he wat er f r om t he i r i descent , gr een scal es of
her t ai l . She cont i nued t o m assage her t ai l , whi l e
hum m i ng a ser i es of hi gh-pi t ched not es. Kai was
ast oni shed t o see t hat Si r ena’ s scal es seem ed
t o be l i f t i ng, kni t t i ng t hem sel ves t oget her, and
sm oot hi ng out i nt o what appear ed t o be a pal e
gr een f abr i c, whi ch Si r ena gent l y coaxed i nt o t he
f ol ds of a si m pl e ski r t . Beneat h t he ski r t her t ai l
m agi cal l y separ at ed i nt o t wo pal e m uscul ar l egs!
Si r ena car ef ul l y st ood up and t ook a f ew gi nger
st eps t owar ds Kai , t hen st um bl ed a bi t .
“ Whoa! Car ef ul !” Kai bl ur t ed as he l eapt f or -
war d and caught Si r ena ar ound t he wai st .
Si r ena l eaned on Kai ’ s shoul der and gave hi m a
shy sm i l e. “ I ’ m a l i t t l e out of pr act i ce, but i t won’ t
be l ong bef or e I can out r un you, I ’ l l bet ,” she chal -
l enged. “ Al l m er m ai ds can l eave t he wat er, i f t hey
need t o. I can’ t t hi nk of a bet t er r eason t o t han
what we’ r e f aci ng now Kai . So – what ’ s t he pl an?”
“ Wel l – her e’ s what I ’ m t hi nki ng,” Kai vent ur ed,
“ I st i l l don’ t bel i eve t hat Ki ng Cadassi , or any of
hi s m en woul d have anyt hi ng t o do wi t h ki dnap-
pi ng your f am i l y. But – at t he m om ent , t hese hand-
shackl es ar e t he onl y cl ue we have t o f ol l ow.”
Si r ena nodded her agr eem ent . “ I was al so
t hi nki ng Kai , t hat t he Ki ng m ay be j ust t he per son
t o hel p us fi nd t he Wat er keeper. At t he ver y l east ,
he’ l l be abl e t o of f er us som e suppor t and r esour c-
es. The Gr eat Ri ver i s ever yone’ s concer n.”
“ To t he Ki ng’ s Cour t t hen!” Kai excl ai m ed.
“ To t he Ki ng’ s Cour t !” Si r ena echoed. “ I t hi nk
we’ r e goi ng t o m ake a good t eam .” W
Stay tuned for the next chapter in Summer 2007.
Ideas for the story? Contact [email protected]
62 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
In the Navy Part 2
N
ow com es m y fi nal i nst al l m ent of N avy
fi l m s whi ch fl oat m y boat , wi t h al l t i t l es
r eadi l y avai l abl e on DVD.
I n Which We Serve ( 1942) : Wi t h Br i t ai n i n t he
pi t of t he Second War, pl aywr i ght N oel Cowar d was
desper at e t o devel op a m or al e-boost i ng fi l m , and
t hi s was t he r esul t . Based on t he war t i m e expl oi t s
of hi s f r i end Lor d M ount bat t en, co-di r ect or / wr i t er
Cowar d pl ays Capt ai n Edwar d Ki nr oss, com -
m ander of t he dest r oyer H M S Tor r i n, sunk by t he
N azi s. As Ki nr oss and hi s sm al l cr ew cl i ng t o a r af t
i n hope of r escue, we exper i ence t he l i ves of each
sur vi vor vi a fl ashback; not abl y, Ki nr oss hi m sel f
and one Seam an Shor t y Bl ake ( M i l l s) . Wi t h Cow-
ar d at t he hel m as wr i t er, st ar and scor e com poser,
Davi d Lean handl i ng m ost of t he di r ect i on and
f ut ur e di r ect or Ronal d N eam e t he ci nem at ogr aphy,
t he r esul t i s one of Br i t ai n’ s ver y fi nest war fi l m s.
D estination Tokyo (1943): St i l l sm ar t i ng f r om
t he Pear l H ar bor at t ack and subsequent Japanese
vi ct or i es, seasoned subm ar i ne capt ai n Cassi dy
( Car y Gr ant ) hel ps t he al l i es go on t he of f ensi ve i n
t he Paci fic i n t he t hi ck of t he Second Wor l d War.
H i s dar i ng m i ssi on: t o pl ant hi s sub r i ght sm ack
i n Tokyo Bay, get a l andi ng par t y ashor e, and br i ng
back i nt el l i gence vi t al t o t he success of a m aj or
upcom i ng ai r engagem ent . N ot wi t hst andi ng som e
expl i ci t ant i -Japanese sent i m ent , cr ew r ough-hous-
i ng and sappy l ongi ngs f or hom e, “ Dest i nat i on”
st ands as a fir st r at e pr opaganda pi ct ur e. Cassi dy’ s
t ender t hought s of hi s wi f e and son ser ved t hen as
a pot ent r em i nder of what we wer e fight i ng f or. And
t he m ovi e onl y i m pr oves t he cl oser we get t o Japan,
and t he out com e of t he sub’ s per i l ous assi gnm ent .
The Cruel Sea ( 1953) : I n t he Royal N avy’ s m er -
chant fl eet dur i ng Wor l d War I I ’ s cr uci al Bat t l e of
t he N or t h At l ant i c, t he seasoned Capt ai n Er i cson
( H awki ns) t akes com m and of a convoy escor t
vessel dubbed “ Com pass Rose.” H i s cr ew i s l ess
t han i deal , wi t h a l ar gel y i ncom pet ent fi r st l i eut en-
ant ( St anl ey Baker ) hol di ng a l ar ge chi p on hi s
shoul der, bul l yi ng gr een cadet s Lockhar t and Fer -
r aby ( Donal d Si nden and John St r at t on) . Er i cson’ s
char ge i s chal l engi ng and t hankl ess: t o t r ansf or m
hi s m en i nt o a sol i d fi ght i ng t eam , whi l e avoi di ng
t he Ger m an U-Boat s on t he l ook-out f or t hei r shi p.
Wi t h a l i t er at e, nuanced scr i pt by Er i c Am bl er, t hi s
war fi l m i s di st i ngui shed by t he st unni ng wor k of
H awki ns as Er i cson, pat i ent l y but fi r m l y coal esc-
i ng an i nexper i enced, f r act i onat ed gr oup of young
m en i nt o a pr ofi ci ent cr ew.
Run Silent , Run D eep ( 1958) : I n vet er an di r ec-
t or Rober t Wi se’ s t ense, t r i m “ Run,” an agi ng but
vi gor ous Cl ar k Gabl e pl ays Com m ander Ri char d-
son, a car eer N avy of fi cer who wr angl es one l ast
subm ar i ne com m and a year af t er hi s l ast sub was
t or pedoed i n Japan’ s per i l ous Bungo St r ai t s. H i s
second i n com m and i s Lt . Ji m Bl edsoe ( Bur t Lan-
cast er ) who’ d been i n l i ne t o hel m t he sub. Cr ew
unr est gr ows as Ri char dson dr i l l s t he cr ew m er ci -
l essl y on m aneuver s ( “ Di ve! Di ve!” ) , and i t dawns
on Bl edsoe t hat Ri char dson i nt ends t o bend hi s
or der s t o pur sue t he i nf am ous Japanese dest r oyer
t hat sl am m ed hi m bef or e. “ Run” r em ai ns not onl y
a r i vet i ng war fi l m , but one of m ega-st ar Gabl e’ s
l ast shi ni ng m om ent s.
D am n The D efiant ( 1962) : Lewi s Gi l ber t ’ s
over l ooked Br i t i sh ent r y fi r es on al l cyl i nder s.
Set dur i ng t he N apol eoni c War s at t he end of
t he 18t h cent ur y, Capt ai n Cr awf or d ( Al ec Gui n-
ness) r uns a t i ght shi p, t he H .M .S Defi ant . What
t he f ai r -m i nded Cr awf or d doesn’ t count on i s
hi s new second-i n-com m and, Fi r st Li eut enant
Scot t -Padget ( Di r k Bogar de) a young m ar t i net -i n-
t he-m aki ng wi t h f r i ends i n hi gh pl aces. The cr uel
Padget under m i nes Cr awf or d’ s m or e hum ane
i nst i nct s, t ur ni ng t he cr ew i nt o a m ut i nous hor de.
M eanwhi l e, t her e’ s a war on, and Fr ench shi ps t o
si nk. Di r ect or Gi l ber t shows a sur e hand her e and
t he denouem ent i s wor t h wai t i ng f or, wi t h st un-
ni ng col or f oot age r ecr eat i ng t hese beaut i f ul shi ps
i n f ul l bat t l e m ode.
The H unt For Red O ct ober ( 1990) : When a Rus-
si an nucl ear sub goes of f i t s i nt ended cour se and
heads f or t he Uni t ed St at es, CI A anal yst Jack Ryan
( Al ec Bal dwi n) m ust deci pher whet her t he cr ew’ s
i nt ent i on i s t o at t ack Am er i ca or st age a m ass
def ect i on. Wi t h onl y Sovi et capt ai n M ar ko Ram i us
( Sean Conner y) knowi ng t he answer, t ensi on
m ount s on bot h si des unt i l t he nai l -bi t i ng fi ni sh.
The fi r st and best of t he Tom Cl ancy fi l m adapt a-
t i ons, “ H unt ” i s a shar p, ner ve-j angl i ng doom s-
day t hr i l l er. Wi t h t he peer l ess Conner y j oi ned by
Al ec Bal dwi n, Scot t Gl enn, Jam es Ear l Jones, and
Sam N ei l l ( par t i cul ar l y good her e as Ram i us’ s
l oyal second-i n-com m and) , and di r ect ed by John
M cTi er nan, “ Red Oct ober ” del i ver s hi gh-oct ane,
hi gh t est ost er one advent ur e, packed wi t h st ar s we
know and l ove. W
For more ideas on great movies on DVD visit www.bestmoviesbyfarr.com
B
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A
B
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A
N
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I
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Z
By John Farr
The cruel
Padget
undermi nes
Crawford’ s
more humane
i nst i nct s,
t urni ng t he
crew i nt o a
mut i nous
horde.
Best M ovies by Farr
www.waterkeeper.org Spring 2007 Waterkeeper Magazine 63
{
O n The Table
On Li spenar d St r eet i n Tr i beca you’ l l f i nd one of N ew Yor k’ s best kept cul i nar y secr et s.
Japanese r est aur ant Tat aki speci al i zes i n f i sh: r aw or cooked, i n soups or ser ved whol e
wi t h head and t ai l , st eam ed or gr i l l ed, f r i ed or saut eed. Ki t chen chef M ei Li n and sushi
chef Jam es wor k t hei r m agi c t o f eed hungr y di ner s. Ever y day owner -m anager Joe-e
vi si t s a dozen or so seaf ood m ar ket s i n Chi nat own, Li t t l e I t al y and t he Lower East Si de
sear chi ng f or t he ci t y’ s f r eshest f i sh. Feat ur ed her e ar e a pai r of Axe But t er f i sh f r om
Fl or i da. www.Ashf or d7.com
Giles Ashford
( ( ( ( ( ( Beat ing Around t he Bush ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
L
ast fall, the Army Corps of Engineers pro-
posed a new permitting scheme for six
coastal Mississippi counties that would al-
low developers to destroy up to five acres of non-
tidal wetlands and waters per development project.
Tey claimed the change was needed to address
the urgent redevelopment needs of coastal Missis-
sippi in the wake of Hurricane Katrina. Teir logic
was flawed. Allowing developers to destroy wet-
lands would increase flooding and put everyone at
increased risk. Tanks to an outcry from members
of the threatened communities and nationwide ef-
fort by wetlands activists - including 7,500 written
comments – the Bush administration abandoned
the proposal.
Te Corps went back to the drawing board, but
didn’t learn a thing. Tis spring the Corps released
their revised proposal: allowing the destruction
of up to three acres of wetlands for construction
or expansion of development projects. Te Corps
added some additional conditions to their pro-
posal, for instance, carving out the already severely
flood prone Turkey Creek watershed as off limits,
and prohibiting destruction for recreational pur-
poses or in the 100-year floodplain. However, the
revised plan remains grossly illogical and down-
right dangerous. Protection for wetlands in flood
impacted areas should be strengthened, not weak-
ened. Te Corps has shirked their responsibility to
protect the public again. Waterkeeper Alliance is
urging the Corps to withdraw their proposed plan
and put the people first. W
AD I N DEX
Paul M i t chel l ............. I nsi de Front Cover
St orm Con ............................................... 3
Pat rón ..................................................... 5
Abt ec ..................................................... 13
Apri ca .................................................... 15
Weat her.com ......................................... 17
Fi j i Wat er ............................................... 19
Revol ve .................................................. 21
Donna Karan ........................................ 23
Organi c Val l ey....................................... 25
EcoM edi a .............................................. 27
Teva ............................. I nsi de Back Cover
Look out for the sum m er
issue of Wat erkeeper:
O il &
Water
Two Acres Forward,
Three Acres Back
Bush
admi ni st rat i on
backs off open
season on
wet lands i n
M i ssi ssi ppi –
Lat er declares
open season
on wet lands.
66 Waterkeeper Magazine Spring 2007 www.waterkeeper.org
PROUD TO STAND TOGETHER
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communities worldwide. DO more at TEVA.COM
To learn more about Waterkeeper Alliance initiatives visit www.waterkeeper.org
T he or iginal spor t sandal. T he f ut ur e of out door f oot wear . ©T EV A 2 0 0 7
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WATERKEEPER
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P
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CLEAN WATER • KN OW YOUR RI GH TS • STRON G COM M UN I TI ES
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Spring 2007 $5.95
Not Forrest Gump
Fisher- Philosopher Jimbo Meador
RFK, Jr. & Mark Dowie
Ancient Public Trust
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