Wisconsin Wetlands Association

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 Important JCRAR Rules Suspended Despite Good Advocacy

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Soggy Bugs field trip next weekend! 
June 29, 2004 

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Greetings!

Last Thursday the Joint Committee for the Review of Administrative Rules (JCRAR) held a hearing in Minocqua to discuss the suspension of temporary rules written by the DNR to protect Wisconsin's water resources as part of the Jobs Creation Act. WWA would like to thank all of you who wrote, emailed, and called about this issue. We are especially thankful to those people who took time out of their busy work week to drive to Minocqua to testify. While we know firsthand that these hearings can be discouraging, we also know that your presence makes a difference.

We also want to bring you some GOOD news: on July 10th, our 2004 field trip series continues with a trip to one of northern Illinois' best fens to learn about butterflies and dragonflies with local expert Doug Taron. Details below.

In this edition of Wetland News

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·  Drink Coffee? Protect Wetlands!

·  DATE CHANGE!! Bluff Spring Fen Field Trip July 10

·  JCRAR Suspends Important Rules

·  The Results of the Hearing

 

DATE CHANGE!! Bluff Spring Fen Field Trip July 10

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Bluff Spring Fen is home to more than 50 species of butterflies, an endangered dragonfly, and many more interesting insects. The site has undergone extensive restoration, to the great benefit of the butterflies including the endangered swamp metalmark, which has been restored to this site after an absence of more than 50 years.

Field Trip Leader: Doug Taron, Curator of Biology, Peggy Notebaert Nature Museum.

Saturday, July 10, 11:00 AM - 2:00 PM. Bring a bag lunch. Call Doug in case of bad weather: 847-695- 4568. Call WWA to register: 608-250-9971.

Directions: From I-90, Exit at Hwy 25 and go south ~3/5 miles to Bluff City Blvd (just past Hwy 20). Turn left. Meet at Bluff City Cemetery, 0.5 miles west of the intersection of US Route 20 and Bluff City Blvd in Elgin, Illinois. Bluff Spring Fen is approximately 1.5 - 2 hours from both Madison and Milwaukee.

More information about Bluff Spring Fen »

 

JCRAR Suspends Important Rules

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Last Thursday, the Joint Committee for the Review of Administrative Rules (JCRAR) held a hearing in Minocqua to discuss suspending temporary rules written by the DNR in response to the Jobs Creation Act of 2003 (Act 118) to assure the protection of Wisconsin lakes and streams. Thank you to everyone who made the effort to testify at this hearing, and to everyone who contacted their legislators and committee members regarding the proposed rules suspension. Approximately 40-45 people came and either registered or testified at the hearing in support of the DNR's Act 118 rules. The testimony from those supporters had an important effect to prevent the Committee from doing greater damage to the Act 118 rules than they did.

Unfortunately, groups with a large financial stake in the suspension of the rules pulled out all the stops for this hearing. 450 people registered to speak or spoke against the rules, primarily against the pier rules (NR 326). This large crowd was generated by three things: 1. misleading ads taken out in virtually every major newspaper from Green Bay north that proclaimed that the rules made everyone's piers illegal; 2. a get-out- the-crowd campaign by the Lakeland Times in Minocqua, which has been challenging the DNR and lake protection efforts for a couple of years; and 3. the well- organized efforts of an intensely active private- property rights group. This group overwhelmed the hearing and the facility, which was restricted by fire code regulations to 75 to 100 people. About 400 people were asked to wait outside, including many individuals who had come to speak against the rules suspension.

Our major goal was to protect the provisions of NR 1 which defined "areas of special natural resource interest," "public rights features," and "Priority navigable waters." Despite the overwhelming numbers present speaking against these provisions, we nearly won the battle to retain NR 1 (and in the end preserved those rules for thirty days before they are suspended). But the event that turned the tide against maintaining the rules was a totally unscheduled appearance by Assembly Speaker John Gard. Speaker Gard made an impassioned, unscripted speech, barely mentioning the environment but playing to the property rights people at the hearing. His testimony directed the Committee to totally suspend all six chapters of the rules.

Thankfully, by the end of the hearing, the results were not completely devastating. Representative Scott Gunderson played a major role in this and clearly Chairman Grothman weighed in as a result of some particularly effective testimony in favor of the rules by influential constituents of his from West Bend.

Read our June 22, 2004 Wetland Alert for background on these Rules »

 

The Results of the Hearing

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On the key NR 1 provisions, the suspension effective date was delayed to July 24, 2004 to give all parties a chance to negotiate a settlement. While we can thank Rep. Gunderson for this temporary reprieve, this is the key fundamental issue upon which all of the other eleven chapters of the Act 118 rules rely for resource protection. There is fundamental disagreement between some of the negotiating parties on the cumulative damaging effect over many years from these types of projects. This will be very difficult to negotiate this in only thirty days.

Regarding other rules discussed at the hearing, the Committee totally suspended NR 326 relating to piers. The big issue with regard to this rule, according to Rep. Gunderson, was the impact on existing piers, not on new piers. He and others want all existing piers to be permanently grandfathered under the rule, regardless of their size and impact. During the suspension, the Committee and DNR agreed that current statute and the pier planner could effectively regulate new pier construction during the suspension.

Several specific subsections of the Chapter on shore protection, NR 328, were suspended. They are highly technical in nature but, in general, discuss where and how much shore protection is allowed. The issue here is the potential effect on the biologically important littoral zone and on natural scenic beauty. This battle will need to be continued in the permanent rule process. While there will be some short term environmental losses during the suspension, none are likely to be significant in the near term.

Thank you again to everyone who voiced their concerns over this matter, and particularly to those of you who made the long trip to Minocqua to testify. The process to review and approve the permanent version of these rules will happen this fall. Stay tuned for more information as the situation develops.

Drink Coffee? Protect Wetlands!

WWA is pleased to announce Marsh Grounds Coffee and offer you another way to support wetland conservation in Wisconsin.

Marsh Grounds Coffee is a special blend of dark roasted coffees from Guatemala and Mexico that's organic, shade-grown, and fair trade! Marsh Grounds coffee is produced by Madison's 100% Fair Trade Coffee roaster, Just Coffee. Just Coffee is not only committed to the principles of Fair Trade, they're also committed to wetlands conservation.

For every $10 bag (1 lb) of Marsh Grounds that you purchase, Just Coffee will donate $3.50 to the Wisconsin Wetlands Association. You can enjoy your cup of Marsh Grounds knowing that you are directly supporting small farmers, their families, their cooperatives, and the Wisconsin Wetlands Association.

For ordering information, please see the Wisconsin Wetlands Association website.

Ordering Information

 




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     email: wetlands@wiscwetlands.org
     voice: 608-250-9971
     web: http://www.wiscwetlands.org


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