Comment Letter
Date ____________________                                                   * Deadline:  August 6, 2009

Ms. Erin Hanson
Wisconsin
Dept. of Natural Resources
2984 Shawano Avenue
Green Bay
, WI 54311


Dear Ms. Hanson,


I object to the proposed “Delisting Criteria” for the Lower Fox River and Green Bay Area of Concern (AOC).   When “beneficial uses” are impaired, they should be listed as impaired.  The plain meaning of words should not be redefined to allow the government to declare these problems solved when they are not.  All communities around the Great Lakes should be required to measure themselves against true definitions of impairment, rather than weakening definitions at the worst Great Lakes sites so the worst sites strive only for average (but still unacceptable) levels of pollution and degradation.  All communities should be lifted to a healthy standard, instead of lowering standards at the worst.  

I urge the DNR and EPA to make the following underlined changes, at a minimum:
 


1. The Beach Closings / Recreational Restrictions Beneficial Use Impairment (BUI) should be delisted when all waters of the AOC are safe for swimming for 98% of the swimming season (between May 1 and October 1) for any 5 year period based on Wisconsin Coastal Beach monitoring protocols for E. Coli monitoring and meet the blue-green algae target for 98% of the swimming season.”  


2. The Restrictions on Fish and Wildlife Consumption BUI should be delisted when fish and wildlife consumption advisories are no longer needed in our AOC.  (It would be extremely dishonest for our government to delist our site for this measure while advisories are still in place.)


3. The Restrictions on Dredging Activities BUI should be delisted when dredging for shipping and boating channels, marinas, transportation projects, utilities, recreation, wildlife habitat improvements or other purposes is no longer restricted or more expensive due to sediment contaminants or artificial obstructions placed on the river or bay bed.
 

4. The Bird or Animal Deformities or Reproductive Problems BUI should be delisted when bird or animal deformities or reproductive problems are no longer found in river and bay wildlife. (Studies should continue until causes are found and addressed.)
 

5. The Restrictions on Drinking Water or Taste/Odor Problems BUI should be delisted when river and bay waters in our AOC can be safely used as public drinking water supplies after standard treatment methods and average treatment costs. 
 

6. The Degraded Fish and Wildlife Populations BUI should be delisted when recovery plans have been written and successfully implemented to establish sustainable populations of rare listed species which were historically present in our AOC.  (Adequate habitat must be provided. Additional management and intervention may also be needed.)
 

7. The Degradation of Aesthetics BUI should be delisted when a professional survey of a random, representative sample of 1,000 people living within the AOC community and who come in contact with the waterway finds that at least 90% of the respondents feel river and bay waters are aesthetically acceptable.
 

8. The Fish Tumors and Other Deformities BUI should be delisted when studies of fish in our AOC prove that they no longer have tumors or other deformities above natural background levels.  (This BUI must not be dropped as only a “suspected” impairment because it is not honest. U.S. Fish & Wildlife Service and DNR studies have confirmed that elevated levels of fish tumors are present.)
 

9. The Tainted Fish and Wildlife Flavor BUI should be delisted when a professional survey (as in #7 above) of hunters and anglers finds no tainting of wildlife flavor.  (This BUI must not be dropped as only a “suspected” impairment.) 
 

10. Local human health studies must be conducted, related to river and bay quality, as measures of whether several of these BUI’s can be delisted.  Items #1, 2 and 5 are based on the health of humans exposed to those uses.  Our local health exposures are unique and complex, which makes simplistic fish advisories and minimal government pollution limits inadequate for determining our community’s true health risks.  Our AOC listing must not be dropped until human health studies are complete and show no risks.
 

11. Better evidence is needed before delisting - Many of the proposed criteria fail to specify how much measuring must be done, and for how long, before an impairment could be delisted.  Permanent delisting must not happen after just one favorable year or one favorable measurement. All criteria must ensure that adequate monitoring is done and all improvements persist at least 5 years before delisting.  It would be better to stay listed a few years longer than to delist when serious problems are still present.
 


I do not want my community to lose its mandate, funding and sense of direction regarding our river and bay ecosystem restoration because the DNR and EPA have defined the problems away.


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