States Pass Feds on Invasives Law

  • Federal restrictions have not stopped importation of invasive species. Now some states are passing laws that will stop some ocean-going ships from docking in their ports. (Photo by Lester Graham)

US ports receive more than imported cargo.
They often receive fish and other aquatic organisms
from foreign ports. They stow away in the ballast
water of cargo ships. Once in US waters, some of
the foreign species become invaders, damaging the
ecosystem. The federal government has done little
to stop these invasive species. Rick Pluta reports now some states have decided to take
things into their own hands:

Transcript

US ports receive more than imported cargo.
They often receive fish and other aquatic organisms
from foreign ports. They stow away in the ballast
water of cargo ships. Once in US waters, some of
the foreign species become invaders, damaging the
ecosystem. The federal government has done little
to stop these invasive species. Rick Pluta reports now some states have decided to take
things into their own hands:


The damage caused by invasive species carried to the US in
ballast water is not only harmful to the environment, but it
hurts the economy. The federal regulations have not stopped the
problem. So, states such as California and Michigan have passed
laws that require foreign ships to treat ballast water like
pollution. They have to clean it up before they can discharge it
into a port. The problem is, almost no ships have a way to treat
the ballast.


In Michigan, the Great Lakes shipping industry is trying to delay
the new Michigan rules. Shipping companies, port owners, and
dock workers say Michigan’s new rules are jeopardizing jobs
without actually stopping the introduction of new species into
the Great Lakes.


The damage caused by invasive species carried to the US in
ballast water is not only harmful to the environment, but it
hurts the economy. The federal regulations have not stopped the
problem. So, states such as California and Michigan have passed
laws that require foreign ships to treat ballast water like
pollution. They have to clean it up before they can discharge it
into a port. The problem is, almost no ships have a way to treat
the ballast.


In Michigan, the Great Lakes shipping industry is trying to delay
the new Michigan rules. Shipping companies, port owners, and
dock workers say Michigan’s new rules are jeopardizing jobs
without actually stopping the introduction of new species into
the Great Lakes.


People in the shipping business say the problem is Michigan is
the only state in the Great Lakes region that is requiring ocean-
going freighters to install expensive technology as a condition
of using one of its ports.


John Jamian is the president of the Seaway Great Lakes Trade
Association. He says requiring ocean-going freighters to install
expensive technology before they can dock in Michigan ports won’t
solve the problem. The ships will just go to other Great Lakes
ports.


If a ship goes to Windsor or Toledo that doesn’t have these rules
and regulations, they will discharge their cargo. If there were
any critters on those ships they could still swim or crawl into
Michigan waters, so you still haven’t solved anything.


Jamian represents the owners of ships that travel from the
Atlantic Ocean to the Great Lakes via the Saint Lawrence Seaway.
He says ship owners will very likely avoid Michigan ports, and
choose to unload at ports in other states and Canada:


“The fact of the matter is that they’re not going to put an
expensive piece of equipment just because Michigan calls for it
on their ship when in fact it may not be acceptable anywhere else
in the world and it might just be easier to take that cargo
across the river and unload it where they don’t have these
regulations.”


And for Michigan ports that are near other competing ports,
that’s a concern. Patrick Sutka is the treasurer for Nicholson
Terminal and Dock Company at the Port of Detroit:


“We fear these ships may be going to other ports, such as Windsor
right across the waterway, or other competitors of ours such as
Toledo or Cleveland.”


At the height of the shipping season, there might be three
freighters at a time moored to the docks, offloading steel and
other cargo. A hundred trucks a day will move in and out of the
docking area to get those commodities to factories.


On the dock right now are dozens of stacks of 20-ton slabs of
steel from France and Russia. That Russian steel was most likely
shipped from a port in the Caspian Sea or the Black Sea. The
freighters take on ballast water from those seas for the voyage
to the Great Lakes. That ballast water helps keep the ships low
and steady in the water.


The ships are required to exchange the water in deep ocean mid-
journey. The salt water is supposed to kill the fresh water
organisms. But, some organisms can survive the trip. That’s how
zebra mussels, quagga mussels and the round goby fish made their
way from the Balkans to the Great Lakes.


Those invasive species and others combine to cost the economy an
estimated 5 billion dollars a year. For example, zebra
mussels cost taxpayers and utility customers. It shows up in
your power bill because the utilities have to pay divers to
scrape the crustaceans off pipes carrying cooling water to power
plants.


Shipping companies, port owners, and dock workers’ unions are all
pressuring Michigan to hold off on enforcing its new law. What
they’d really like is for the federal government to step in,
negotiate with Canada, and create a regional set of rules for
combating aquatic invaders:


“…But the federal government has not had the guts or the
gumption to step up to the plate and get this done.”


Patti Birkholz chairs the Michigan Senate Environmental Affairs
Committee. She sponsored the law:


“So we’re going to do it on a state-by-state basis. Our eco-
system within the Great Lakes is what many scientists have termed
‘on the tipping point.’ We cannot deal with any more invasive
species in this system, and we know the majority of the invasive
species come through the ocean-going vessels. They know they’re
the cause. We know they’re the cause. We’ve got to deal with this
situation.”


Michigan’s new law is as much a political statement as anything
else and other states are starting to follow Michigan’s lead.
Birkholz says Wisconsin and New York could pass ballast standards
this year.


In the mean time, Michigan environmental officials say they
intend to enforce the state’s requirements when the Great Lakes
shipping season resumes in the spring. But, so far, no ocean
freighters have applied for a permit to dock at a Michigan Port.


For the Environment Report, this is Rick Pluta.

Related Links

Holy Grail of Great Lakes Shipwrecks Found?

  • For a long time, anything any diver salvaged could be claimed as his or her own. Since the Abandoned Shipwreck Act of 1987, anything divers find on public land remains public. But a new discovery may bend some rules. (Photo courtesy of NOAA)

A shipwreck hunter believes he might have found what’s been described as the Holy Grail of Great Lakes wrecks. His find has triggered a new debate over who can lay claim to historic shipwrecks and what should happen to them. The Great Lakes Radio Consortium’s Sally Eisele reports:

Transcript

A shipwreck hunter believes he might have found what’s been described as the Holy Grail of Great Lakes wrecks. His find has triggered a new debate over who can lay claim to historic shipwrecks and what should happen to them. The Great Lakes Radio Consortium’s Sally Eisele reports:


Of the thousands of shipwrecks in the Great Lakes, the wreck of the Griffin is probably the most legendary. For a few reasons. She was built by somebody legendary – French explorer Rene-Robert Cavalier Sieur de La Salle, she was the first European ship to sail the Upper Great Lakes… and she was the first to sink. Actually, she sank on her maiden voyage in 1769, not exactly one of La Salle’s bigger success stories. But the mystery she left behind is pretty big – and it has pretty well flummoxed Great Lakes historians for hundreds of years. Shipwreck scholar Steven Herald is the director of the Manistee County Historical Museum.


“The Griffin loaded its first and only freight cargo downbound at Green Bay, and there has never been a reliable report of anyone who has seen the vessel since. It left Green Bay and disappeared totally.”


Did she run aground? Sink to the bottom of Lake Michigan? No one knows, But Steven Libert, a long-time shipwreck hunter, thinks he might have found a clue. What he’s excited about appears to be a long, wooden pole sticking out of the sand in about 80 feet of water in northwestern Lake Michigan. It doesn’t look like much. But Rick Robol, the attorney for Libert’s company Great Lakes Exploration, says tests indicate it could date back to the 17th century. And it could be part of a ship.


“Great Lakes Exploration does not know at this point what is there. And it does not know whether in fact it is the Griffin or not. Certainly if it were the Griffin, it would be a very substantial find.”


Great Lakes Exploration has filed suit in federal court seeking salvage rights to the site. But the site is in Michigan waters and the state has filed a motion to have the case dismissed. State archaeologist John Halsey says whatever there is should belong to the public, not a private company.


“They have the money to go out and look, they have the money to go out and find, but what they don’t have is the permission to bring stuff up. That’s where the rubber meets the road.”


The state argues the Federal Abandoned Shipwreck Act of 1987 gives any state title to historic wrecks in its waters. Before its passage, pretty much anybody in a rubber suit could salvage shipwrecks. And they did – the evidence is rusting out in garages across the country. The federal law sought to protect these historic sites – which, in the cold fresh water of the Great Lakes, are often well-preserved time capsules. But Wisconsin shipwreck researcher, Brendon Baillod, says a number of cases have already shown the law is full of technical loopholes if you have the money and time to challenge it.


“We have a lot of wrecks that are open game legally. It really is up to the judge who gets the case before them.”


If Great Lakes Exploration does clear the legal hurdles, the next question will be academic. What should happen to their findings? Attorney Rick Robol says it all depends on what’s there.


“Really, shipwrecks have to be dealt with on a case by case basis. There are some shipwrecks that may best remain in situ, that is, on site, and there are other that should be recovered. It’s impossible to determine what’s best for a particular wreck without first scientifically studying it.”


At this stage, it’s anybody’s guess as to whether the site contains the remains of a ship or just a pile of very old scrapwood. But preservationists such as historian Steven Herald, argue anything of historical value should really just be left there.


“I’m a great one for leaving it where it is and studying it in as much detail as possible. The easiest way to preserve it is to keep it there.”


One thing is certain, any excavation would likely involve many years and millions of dollars. Oh, and there’s another possibility too, if in fact the Griffin is found. Technically, the vessel still belongs to France, which was in charge around here after all at the time of La Salle’s adventures.


For the Great Lakes Radio Consortium, I’m Sally Eisele.

Related Links

Warning Labels for French Wine?

Warning labels on cigarettes and alcohol alert consumers to
potential health effects… Now a bill is being considered in Congress
to
label French wine, which some people think might transmit mad cow
disease. The Great Lakes Radio Consortium’s Wendy Nelson reports: