Federal judge may issue a decision as early as December in Asian Carp litigation

• November 3rd, 2010 11:05 am ET
   

  Judge Robert Dow of the US District Court in Chicago heard oral arguments on October 18, 2010 in  the case, State of Michigan, et al. v. U.S. Army Corps of Engineers, et al., Case No. 1:10-cv-04457 (N.D. Ill.).  This week he stated that he might issue his decision as early as December.

  Five Great Lakes states (Michigan, Wisconsin, Minnesota, Ohio, and Pennsylvania) joined together and filed suit against the U.S. Army Corps of Engineers, seeking immediate action to separate the lakes from the Chicago Area Waterway System (CAWS).   

  The issues being considered include the plaintiffs’ claims that the Great Lakes ecosystem and the $7 billion fishing industry face imminent danger.  The plaintiffs have testified and provided witnesses showing that DNA from Asian carp was detected in 60 water samples.  They are seeking temporary closure of the navigational locks connecting the CAWS to Lake Michigan as an immediate remedy.  Ultimately, plaintiffs request permanent separation of the Mississippi River and the Great Lakes.

  The defendants argue that the science behind environmental DNA is unproven. 

  Defendants also raise various legal considerations that have nothing to do with Asian Carp.  These issues may prevent the US District Court from ruling in the Plaintiff’s favor. 

  One of several is defendants’ argument that the states’ common law nuisance claims may not be brought against the federal government under the doctrine of sovereign immunity.  The plaintiffs maintain that they are seeking equitable relief and thus sovereign immunity is waived under Administrative Procedure Act (APA), 5 U.S.C. § 702. 

  Furthermore, a ruling in the plaintiffs' favor in this matter would result in a requirement imposed on several agencies to take action different than what they decided to do on their own as a body.  Federal courts typically do not like to get involved in the decision-making of such agencies by issuing an arguably broad injunction.   This consideration may likewise affect the judge’s decision.

  While all parties are concerned about the threat of the Asian Carp to the great lakes; the judge in this instant case has many issues to consider, including those outside of the scope of the protecting the lakes from Asian Carp.

  In the interim, the fight against Asian Carp continues.  The U.S. Army Corps of Engineers issued its press release on October 29, 2010 announcing the completion of the barricades along the Des Plaines River and I&M Canal.

   

  U.S. ARMY CORPS OF ENGINEERS – CHICAGO DISTRICT 111 N. Canal, Chicago, Illinois 60606 www.lrc.usace.army.mil

   Lynne Whelan

  312-846-5330

  lynne.e.whelan@usace.army.mil

  For Immediate Release:

  October 29, 2010

   

  Army Corps of Engineers Completes Asian Carp barricades along the Des Plaines River and I&M Canal

  Chicago – On Oct. 29, 2010 U.S. Representatives Judy Biggert and Daniel Lipinski, officials from the White House Council on Environmental Quality and the office of Senator Richard Durbin joined the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Metropolitan Water Reclamation District of Greater Chicago; Illinois Department of Natural Resources, and Cook, DuPage and Will counties at a ribbon cutting to mark the completion of barricades along the Des Plaines River and I&M Canal.

  The project was designed and constructed by the US Army Corps of Engineers and funded through the U.S. Army Environmental Protection Agency as part of the Great Lakes Restoration Initiative. These measures are intended to reduce the risk of Asian carp being swept from the Des Plaines River and I&M Canal into the Chicago Sanitary and Ship Canal (CSSC) during heavy rains and flooding. The Des Plaines River barricade, a project completed on time and under budget, consists of concrete barriers and a specially fabricated wire mesh that allows water to flow through the fence but prevents the passage of fish. The fence extends approximately 13 miles from Romeoville, Ill. to Willow Springs, Ill. The completion of this project marks yet another milestone met in the framework laid out by the Asian Carp Regional Coordinating Committee.

  The U.S. Army Corps of Engineers has been operating a system of electric barriers near Romeoville, Ill. to prevent invasive species, including Asian carp, from migrating into Lake Michigan via the CSSC. The Water Resources Development Act of 2007 directed the U.S. Army Corps of Engineers to maximize the effectiveness of the barrier system by conducting a study of a range factors that could potentially reduce the efficacy of the Electrical Dispersal Barriers. The first report USACE completed under this authority identified areas of potential bypass upstream of the electric barriers during flooding and recommended construction of this barricade along the Des Plaines River, along with a stone blockage in the I&M Canal.

  “Construction of these measures is crucial to reducing the risk of Asian carp bypassing the barriers,” said Colonel Vincent Quarles, commander, U.S. Army Corps of Engineers, Chicago District. “The electric barriers focus on the largest, most direct, pathway. Now, we have measures in place to reduce the possibility of Asian carp entering the CSSC via those flanking waterways.”

  (MORE) NEWS RELEASE U.S. ARMY CORPS OF ENGINEERS – CHICAGO DISTRICT 111 N. Canal, Chicago, Illinois 60606 www.lrc.usace.army.mil

  2-2-2

  “The successful completion of the Des Plaines Bypass Barrier is a critical step in closing the gaps in our defenses and preventing the Asian carp from threatening our precious lakes,” said U.S. Representative Judy Biggert (R-IL-13th), who helped secure legislative authority for the construction of the barrier. “I commend our team of federal, state, and local environmental managers for their hard work in identifying this threat and implementing an effective solution. This effort demonstrates that through sound science and cooperation, we can stop the spread of these invasive carp, and do so without harming the jobs and commerce that depend on Chicago’s waterways.”

  During the July 24 – 25, 2010 heavy rains in the Chicago area the completed I&M Canal blockage and the completed portions of the fence along the Des Plaines River functioned as designed and prevented unimpeded flow of water at connections closest to the electrical barriers.

  Funds for the project were provided by the U.S. Environmental Protection Agency as part of the Great Lakes Restoration Initiative in 2009.

  “The completion of this project exemplifies the incredible teamwork underway on the federal, state and local level to protect the Great Lakes from Asian carp,” said John Goss, Director of Asian Carp at the White House Council on Environmental Quality. “The fish barriers are one of the dozens of short and long term actions in our comprehensive Asian Carp Control Strategy Framework that includes an unprecedented commitment from the Obama administration to keep Asian carp from becoming established in the Great Lakes.”

  Construction of the fence required a temporary closure of Centennial Trail, which extends through portions of the Will, Cook and DuPage Forest Preserve Districts. Now that construction has been completed users will once again have full access to the trail.

  In addition to continued operation of the barrier system the U.S. Army Corps of Engineers is also engaged in ongoing efforts to monitor the location of Asian carp, continuing research into ways to enhance the efficacy of the barrier system, and conducting a large scale study of ways to prevent or reduce the risk of Aquatic Nuisance Species transfer between the Great Lakes and Mississippi River basins via aquatic pathways. For additional information visit www.lrc.usace.army.mil.

  USACE is a member of the Asian Carp Regional Coordinating Committee (ACRCC), which is an interagency task force made up of federal, state and local agencies, working together to prevent Asian carp from establishing sustainable populations in the Great Lakes. More information on the framework and the ACRCC can be found on the website at www.asiancarp.org.

  ###

  Photographs of the ribbon cutting event and the new barricades are available on the Army Corps of Engineers Flickr site at www.flickr.com/photos/usacechicago.

   

  See updates below regarding the Asian carp concern----so far it's still a 'hurry up and wait' on all sides.
  
  Also the first link reveals continued  'whining' from the shipping industry related to new ballast water proposals.
  
  While the Asian carp takes the spotlight in the concern over invasive species, the ballast water issue has taken a backseat-----
  The question we have to ask is 'what is the next species to be introduced to the Great Lakes through ballast water transport'?
  DAVE
  
  

  Experts say Asian Carp Still a Danger for Lake Erie and Ohio

  http://www.publicnewsservice.org/index.php?/content/article/16600-1
  
  

  Indiana finishes marsh fence to stop Asian carp
  http://www.chicagotribune.com/news/chi-ap-in-asiancarp-swampfe,0,462433.story
  
  Study favors dam on Chicago canals
  

  Plan aims to stop carp, pump water over divide

  http://www.jsonline.com/news/wisconsin/105403218.html
  
  No waiting to stop Asian carp from reaching the Great Lakes
  http://www.mlive.com/opinion/grand-rapids/index.ssf/2010/10/editorial_no_lines_in_the_lake.html
   

   

  ALL:
  
  This is one of the BEST articles (see the link below) I have read so far regarding aquatic invasive species, and how we are ignoring the "front door" (ballast water concerns) while focusing on the "back door" (Asian carp).  Dan Egan covers every aspect of the problem and includes some excellent graphs to help the reader understand the issues.
  Take a few minutes and read this entire article; it's well worth your time. A MUST READ.
  Be sure to pass it along------
  DAVE
  
  Quote: "For the past six years, Journal Sentinel reporter Dan Egan has been reporting on threats facing the Great Lakes. This year, his focus is on how the world's largest freshwater system could be restored and protected."
  

  An open front door to invaders in Great Lakes
  

  Destructive species hitching ride on cargo ships make Seaway a bigger threat

  By Dan Egan of the Milwaukee Journal Sentinel
  
  http://www.jsonline.com/news/wisconsin/104220354.html
  

   

   

   

   

   

   For Immediate Release Contact: Marc Gaden

  October 5, 2010 734-662-3209 x 14

  GREAT LAKES FISHERY COMMISSION LAUDS CANADA’S PLAN TO ASSESS RISK OF ASIAN CARPS

  Fisheries and Oceans Minister Gail Shea launches first binational Asian carp initiative

  ANN ARBOR, MI—The Great Lakes Fishery Commission today praised Fisheries and Oceans Minister Gail Shea for launching a major initiative to assess the risk Asian carps pose to the Great Lakes. The risk assessment will be conducted jointly between scientists in Canada and the United States; the Great Lakes Fishery Commission will facilitate the project. This risk assessment will be the first binational effort to evaluate the likelihood of Asian carps spreading throughout the Great Lakes basin and to gauge the potential effect of the species on the Great Lakes ecosystem. The assessment will involve preeminent scientists in the field, will be peer-reviewed, and should take about eighteen months to complete.

  The term “Asian carps” refers to several species of fish originating from Asia. Three species of Asian carps—the bighead, silver, and black—were imported into the southern United States in the early 1970s to keep aquaculture ponds clean and to provide fresh fish for markets. The fish escaped into the Mississippi River system in the 1980s and 1990s after large floods and have been expanding their range northward ever since. The impact of Asian carps on the Mississippi system has been quite profound: the fish reproduce in large numbers, consume vast quantities of food, and displace native species. The silver carp (often called the “flying carp”) leaps out of the water and has injured people and damaged property.

  A non-natural connection—the Chicago Sanitary and Ship Canal—links the Mississippi basin to the Great Lakes and is the primary pathway of concern for the Asian carps. An electrical barrier on the waterway prevents carp migration, but sampling—and the capture of one live bighead carp in June, 2010—has raised concern that Asian carps might be on the Lake Michigan side of the barrier, though probably in small numbers. The Great Lakes Fishery Commission has joined other agencies in working together to support measures to monitor carp movement and prevent entry into the Great Lakes. (For more information see www.asiancarp.org)

  “The Great Lakes Fishery Commission commends Canada for launching this initiative to better understand the potential for Asian carps to spread throughout the Great Lakes ecosystem,” said David Ullrich, the commission’s U.S. Section Chair. “With this risk assessment, we will have a vastly improved understanding about where Asian carps might establish a population within the basin, as well as important information about the probable impact of Asian carps on the fishery and environment, should they enter the lakes.”

  Added Michael Hansen the commission’s vice chair and professor at the University of Wisconsin at Stevens Point: “Scientists in both Canada and the United States have each conducted separate risk assessments to evaluate Asian carps and their effect on the environment. This information, to date, has been instrumental in justifying the critical importance of preventing the migration of these fish into the Great Lakes. The commission is pleased that Minister Shea has committed Canada to conducting a rigorous risk assessment that will include active participation from American scientists. The product will be the first and only basin-level, peer-reviewed consensus among top scientists about the risks of Asian carps.”

  --30--

   

   

   

   

   

  Please check out the great new educational information posted by WVIZ

  click here

   

   

   

  http://www.youtube.com/watch?v=yS7zkTnQVaM

  http://www.youtube.com/watch?v=Av8RGUKhVwA&feature=fvw

  http://www.purplepug.com/Videos/Asian-Carp-Wabash-River-August/13187983_T9fdj#957217611_fEWWb-A-LB
  

   

   

  KANSAS RIVER ASIAN CARP INFESTATION CRITICAL

  

  Anglers warned that possession of prohibited species is illegal; native game fish threatened
  PRATT — About five years ago, adult silver carp were first noticed in the Kansas River, leaping high in the air and endangering boaters. These non-native fish have a peculiar habit of leaping completely out of the water as a motorboat passes over, but their presence threatens more than boaters. Silver carp, along with the bighead carp, are extremely prolific breeders and threaten channel catfish, bass, walleye, crappie — all native game fish — as well as bait fish anywhere they are spread.

  High water this spring has made the situation worse, creating a reproductive explosion of these fish, which, in addition to endangering native species, are illegal to possess alive. Biologists from the Kansas Department of Wildlife and Parks (KDWP) are monitoring the situation, but without the help of responsible anglers, things could get much worse. As of Aug. 2, young-of-the-year (2 to 3 inches long) Asian carp were "stacked up by the hundreds of thousands" below Johnson County WaterOne Coffer Dam, according to KDWP aquatic nuisance specialist Jason Goeckler.

  "I've never seen anything like this," the seasoned biologist said. "The water is just loaded with them. You can stick a dip net in and pull up 100 or more at a time, and our real concern is that — because they could easily be mistaken for shad or other minnows — anglers will put them in their bait buckets and take them to other waters."

  Later that day, Goeckler and staff checked the Bowersock Dam at Lawrence and found more bighead carp. Although not in the same densities, they could easily be caught, and adult silver carp could be seen leaping into the falls. Asian carp were also reported congregating below the dam at Atchison State Fishing Lake.

  Just putting these fish in a bait bucket is illegal. Silver carp and bighead carp are on the state list of species that are illegal to import, possess, or release alive in Kansas. That means they cannot be kept if taken in a seine, put in a bait bucket, or used for bait unless they are killed first. Violation is a Class C misdemeanor punishable by up to 30 days in jail and a $500 fine.

  While many anglers seine their own bait, few can readily identify one "minnow" from another. But it's easy to learn. Go online to kdwp.state.ks.us, then click "Fishing/Aquatic Nuisance Species/Aquatic Nuisance Species List/Asian Carp." Here you'll find pictures and detailed descriptions of the fish, as well as a link to a video on Asian carp by famous angler Bill Dance. Dance discusses not only how to indentify the fish but the dangers of their spread. This page also contains links to Asian carp management and a silver carp fact sheet, as well as information on other aquatic nuisance species, including an online education certification course to help viewers understand the issue and how to prevent spread of these species.

  It is illegal for anglers to move bait from any body of water to another, and if anglers don't comply with this regulation, it will be more than a "nuisance" for them and their sport. Anglers could be destroying the thing they love most. Asian carp feed on plankton, algae, and aquatic insects. They are not sportfish and are rarely caught on hook and line.

  Kansas anglers need to educate themselves about these destructive fish and take the necessary steps to prevent their spread. Currently, Asian carp can be found in the Big Blue, Kansas, Missouri, and Wakarusa rivers in Kansas. Any streams that connect to the Kansas or Missouri river will likely contain these fish, so use extreme caution with bait in these areas.

  Remember:

  • learn to identify Asian carp because it's illegal to possess them alive;
  • you can seine your own bait, but legal bait fish can only be used in the waters where they were caught — it's illegal to move bait fish from one water to another;
  • Asian carp have the potential to take over a fishery and destroy populations of desirable native fish.
   
   

  ---

   
  FOR IMMEDIATE RELEASE                                             Contact: Bryan Thomas (Levin): 202-228-3685
  July 22, 2010                                       Garrette Silverman or Jennifer Scoggins (Voinovich): (202) 224-6296
   
  

  
   

  VOINOVICH, LEVIN HAIL TWO MEASURES TO HELP STOP
  ASIAN CARP FROM ADVANCING TO THE GREAT LAKES
   
  

  WASHINGTON D.C. ­ Sens. George Voinovich, R-Ohio and Carl Levin, D-Mich., today praised the inclusion of two critical provisions to combat Asian carp in a Senate appropriations bill.
   
  The Appropriations Subcommittee on Energy and Water Development included $18,550,000 for the Asian carp electric dispersal barrier in the Chicago sanitary and ship canal. The funding is $5.9 million greater than the administration’s request.
   
  The panel also included a legislative provision that would authorize the U.S. Army Corps of Engineers to take emergency action to stop Asian carp entering the Great Lakes via any connections with the Mississippi River Basin. This authority would extend to the flood zone between the Wabash River and the Maumee River in Indiana. The Army Corps currently has such emergency authority, which was previously requested by Levin and Voinovich, but it is limited to the Chicago waterway system. Levin and Voinovich, co-chairs of the Senate Great Lakes Task Force, along with six other senators called for the expanded authority last week, following revelations of the threat of Asian carp entering the Great Lakes Basin via the Wabash River in Indiana. Their letter can be viewed here.
   
  “I am encouraged the Energy and Water Appropriations bill includes these provisions to combat the invasion of Asian Carp into the Great Lakes,” Sen. Voinovich, a member of the Energy and Water Appropriations Subcommittee, said. “If these aquatic menaces get into the Lakes, they will destroy a $7 billion fishery and harm the Great Lakes ecosystem. My colleagues understand how hard I have worked on this issue, and I appreciate their support when it comes to protecting the Great Lakes, a national treasure.”
   
  “The appropriators clearly understand the urgent threat of Asian carp, and I am grateful to them for heeding our calls to include these key measures to help stop them from entering the Great Lakes,” Levin said. “These two critical measures will be significant tools in the fight against Asian carp, and I look forward to working with my colleagues in the Senate and House of Representatives to ensure they are in the final bill signed into law by the president.”
   
  The Appropriations Subcommittee on Energy and Water Development passed the bill on Tuesday. The legislation will next be considered by the full Senate Appropriations Committee.
   
  

  -          END     -
  

   

   

  Click the link below to read an editorial from the PD regarding Asian carp, along with an interesting article from TIME magazine online.
  DAVE
  
  http://www.cleveland.com/opinion/index.ssf/2010/07/time_is_running_out_to_stop_th.html
  
  http://ecocentric.blogs.time.com/2010/07/20/can-a-lawsuit-stop-the-asian-carp/

   
  
  
  Dear Friends,
  
  After months of further inaction by President Obama and the U.S. Army Corps of Engineers, we're going to court for round two against Asian carp.
  
  Today my office filed a new lawsuit in U.S. District Court for the Northern District of Illinois to force the U.S. Army Corps of Engineers and Chicago water authorities to take emergency action to block Asian carp from entering Lake Michigan.
  
  The states of Ohio, Minnesota, Pennsylvania and Wisconsin have all joined Michigan in this new legal effort to fight Asian carp and accelerate efforts to develop a permanent solution to protect the Great Lakes.
  
  While you know the U.S. Supreme Court declined to take our case, they did not dismiss the merits of our case.
  
  So today, we are suing the Obama administration and the Army Corps of Engineers, who are charged with protecting public resources and overseeing the management of the Chicago Area Waterway System in partnership with local water authorities in the Illinois federal court.
  
  Asian Carp Found: We Need Emergency Action NOW
  
  Our worst fears came true after Illinois authorities announced on June 22nd that a Bighead Asian carp was found in Lake Calumet, within striking distance of Lake Michigan. And when you find one carp, the experts say there are more nearby.
  
  Stunningly, despite the mounting evidence, the Army Corps and Chicago authorities refused to temporarily close the O'Brien and Chicago locks. They've failed the apply fish poison in every location that tested positive for Asian carp eDNA. They've failed to comprehensively address all pathways linking Lake Michigan with carp-infested Illinois waterways. And they have failed to sufficiently accelerate the permanent separation of the Great Lakes Basin from the carp-infested Chicago Area Waterway System.
  
  With every day that passes without serious action, the health of the Great Lakes and our $7 billion commercial and recreational fishing industries remain at risk. We cannot sacrifice thousands of jobs.
  
  Inaction Won't Be Tolerated
  
  For the past several months, the Army Corps has maintained its vocal commitment to combating Asian carp. The problem is, when you drill down past the rhetoric, all you'll find are half-hearted, insufficient attempts to confront the Asian carp invasion.
  
  Because of their lack of urgency and inadequate measures - like poisoning canals in only a few spots - we have already faced Asian carp swimming their way toward Lake Michigan.
  
  In today's lawsuit, we are calling on the Army Corps to step up and take all available efforts to block Asian carp passage in the waterways linked to Lake Michigan.
  
  We're calling for commonsense emergency measures like block nets, fish poison where Asian carp eDNA has been detected, mesh screens on all sluice gates and temporary closures of the O'Brien and Chicago locks, except as needed for public health and safety.
  
  Keep Up the Fight!
  
  Thank you for all you have done to support our efforts to protect the Great Lakes from Asian carp. The fight is not yet over, and the more supporters we have on our side to build a public outcry, the better.
  
  Keep in mind that President Obama can order the Army Corps to act on these commonsense steps any time. He doesn't need a court to tell him to do it. But until he acts, I pledge to fight, along with several Great Lakes attorneys general and our allies in Congress, to force the Corps to act.
  
  Please forward this email to your friends, family and neighbors and urge them to call the President to demand action right away. Be sure to forward this email to at least five friends today!
  
  If you haven't joined the conversation on Facebook, please sign on to our page today. Every day citizens are driving the conversation about why they love the Great Lakes and what they've done to protect them.
  
  Sincerely,
  
  Mike Cox
  Attorney General
  

  ---

  
  5 Great Lakes States Sue Feds Over Asian carp
  
  Associated Press
  July 19, 2010
  
  TRAVERSE CITY, Mich. -- Despite being rebuffed twice by the U.S. Supreme Court, five states filed suit Monday with a lower federal court demanding tougher federal and municipal action to prevent Asian carp from overrunning the Great Lakes and decimating their fishing industry.
  
  Michigan, Wisconsin, Ohio, Minnesota and Pennsylvania said in their complaint the situation had become more dire since a live bighead carp was found last month in a Chicago-area waterway only 6 miles from Lake Michigan -- well past an electric barrier designed to block the voracious fish's path.
  
  "Asian carp will kill jobs and ruin our way of life," Michigan Attorney General Mike Cox said in a statement. "We cannot afford more bureaucratic delays -- every action must be taken to protect the Great Lakes."
  
  The suit was filed in U.S. District Court in northern Illinois. It accuses the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago of creating a public nuisance by operating locks, gates and other infrastructure through which the carp could enter the lakes.
  
  Read the full story.
  

  ---

  
  Cox Files Suit Over Carp -- Again
  
  Michigan Public Radio
  Rick Pluta
  
  Michigan and four other states are asking a federal judge in Illinois to shut down the Chicago shipping locks as an emergency measure to keep invasive Asian carp from reaching the Great Lakes.
  
  The U.S. Supreme Court has already refused -- twice - to shut down the locks. But Michigan Attorney General Mike Cox says the need for action has become more urgent since then. Last month a 20-pound Bighead carp was found in the canal beyond an electric barrier that was supposed to contain the fish.
  
  "It's sort of like, where there's one cockroach, there's more cockroaches," he says. "There's no longer any speculation the carp can get beyond the locks. It's clear. The evidence is overwhelming that these carp are present, on their way to Lake Michigan, and impose an imminent danger, and potentially an irreparable danger to the Great Lakes region."
  
  Cox's lawsuit asks a judge to shut down the canal and order the U.S. Army Corps of Engineers to use nets and poison to contain the Asian carp until a permanent solution is developed.
  
  Read the full story.
  

  ---

  
  Invasive Asian Carp Harm Commercial Fishing Industry
  
  Voice of America
  July 19, 2010
  
  The multi-billion-dollar commercial fishing industry in the Great Lakes region of the United States employs more than 800,000 people, but is threatened by the invasive Asian Carp - despite continued efforts to keep the fish out of the region's lakes.
  
  Chad Isaak, who has fished the Illinois River for 27 years, says he saw his first Asian carp in 1996, and his life as a commercial fisherman has not been the same since.
  
  "These Asian Carp are the plague," said Isaak. Isaak does not usually fish for the invasive Asian Carp, which have populated Illinois waterways to the point where they literally jump out of the water. He seeks catfish and buffalo fish, tastier and more marketable species found in lakes and rivers like the Illinois River. But more and more Asian Carp are edging out the populations of those native fish species, and keep finding their way into Isaak's nets.
  
  "If you fish for catfish and buffalo, you may throw two to three thousand pounds of Asian Carp back to get the fish that you need," said Isaak. "And then the quality of the buffalo, they're getting thin and smaller in the rivers."
  
  Read the full story.
  

  ---

  
  Asian Carp netted beyond barrier
  
  Chicago Sun Times
  June 24, 2010
  
  But the fish caught Tuesday by a commercial fisherman was the first evidence that Asian carp actually may have breached the barrier.
  
  The discovery of the single fish likely will ramp up a tense dialogue between environmentalists, who want the manmade ship canal quickly and permanently shuttered, and the shipping industry, which claims closing the direct link between Lake Michigan and the Mississippi River will drive up prices of commodities.
  
  Michigan officials also have weighed in, suing Illinois to close the locks. The U.S. Supreme Court has refused to get involved, rejecting three times Michigan's appeal to shutter the canal.
  
  "At this time, there is no intention to close the locks," said Mike White of the Great Lakes and Ohio River Division, U.S. Army Corps of Engineers.
  
  Read the full story.
  
  Visit StopAsianCarp.com and Sign Our Petition
  
  
   

   

   

  Ohio has officially joined lawsuit number 2 aimed at keeping the Asian carp out of the Great Lakes.
  Please see the news release from Ohio Attorney General Richard Cordray.
  DAVE
  
  

  
  
  NEWS ADVISORY
  July 19, 2010
  
  
   MEDIA CONTACTS:
  Ali Lehman: (614) 466-6242
  cell: (614) 315-8429
  Ted Hart: (614) 728-4127
  cell: (614) 743-2286
  

  ---

  Cordray: New Lawsuit Aims to Block Asian Carp from Great Lakes
  
  

   (COLUMBUS, Ohio) ­ In the continued fight to keep Asian Carp out of the Great Lakes, Ohio Attorney General Richard Cordray today joined attorneys general from Michigan, Wisconsin, Minnesota and Pennsylvania in a lawsuit that seeks to construct a permanent physical barrier between Lake Michigan and the Mississippi River basins.
  
  "The threat of Asian Carp to the Great Lakes is imminent, and if not stopped, will have a devastating impact on the $10 billion fishing and tourism industries as well as the existing habitat," said Cordray. "Strategies to keep this species from entering the lakes have so far proven to be ineffective. Since a live carp was recently found within six miles of Lake Michigan, immediate action is now required."
  
  The lawsuit alleges that the creation and continued operation of the Chicago Area Waterway System constitutes a public nuisance that threatens all of the Great Lakes, the natural resources within them and the public's rights to use and enjoy its waters. The lawsuit names the United States Army Corps of Engineers and the Metropolitan Water Reclamation District of Chicago, which operate and control the system's facilities. The waterway system connects Illinois waters to Lake Michigan and, by extension, the rest of the Great Lakes. 
  
  "My fellow state attorneys general and I are trying to force the corps and the district to take action to address the Chicago waterway that we believe will allow the Asian Carp to spread into the Great Lakes. Otherwise, the consequences for this region could be dire," said Cordray.
  
  "Last week, I joined Governor Strickland in asking the federal government to hold an emergency summit to address the need for a permanent barrier. Although we remain hopeful that a summit will be convened, the urgency of the situation compels us to file this litigation in the meantime."
  
  Ohio Governor Ted Strickland added, "We appreciate that the White House has agreed to appoint a high-level point person who will lead the effort to find solutions to keep Asian carp out of the Great Lakes and to hold a summit with all states in the region. But we must continue to explore every available avenue to prevent this invasive species from harming the ecology and economy of the Great Lakes region."
  
  To view a copy of the lawsuit filed today with the United States District Court of Illinois Northern District, go to www.OhioAttorneyGeneral.gov/2010AsianCarpLawsuit.
  
  

  
   

   

  http://www.chicagoreader.com/gyrobase/asian-carp-edna-test-lake-michigan-lindsay-chadderton/Content?oid=1572155&showFullText=true

   

  http://www.chicagoreader.com/chicago/asian-carp-great-lakes-lawsuit-supreme-court/Content?oid=1572160

   

  http://www.chicagoreader.com/chicago/asian-carp-cooking-chicago-chefs/Content?oid=1571974

   

  Chef Hopes To Make Carp A Popular Dish

   

  Michigan Seeks High Court Help On Asian Carp

   

  Asian carp invasion: Prepare for the worst

  http://www.freep.com/article/20091123/SPORTS10/91123023/1319/Asian-carp-invasion-Prepare-for-the-worst