Tag: Michigan DNR

Saving the Wild: A Conversation with Conservationist Tom Baird

Published on November 21st, 2024 by - Blog Posts

The current chair of Michigan’s Natural Resources Commission (NRC), Tom Baird is a retired attorney who was born and raised in Grand Rapids, practiced law in Lansing, and currently lives in Elk Rapids. Throughout life his passions have been conservation and the environment. This led to various roles as board member of FLOW and in Anglers of the Au Sable, Trout Unlimited, the Michigan League of Conservation Voters, and other grassroots groups. In addition to chairing the NRC, Tom is a member of the board of the Hal and Jean Glassed memorial Foundation.

We asked Tom several questions about the NRC and his views on key issues:

How do you see climate change affecting the DNR’s mission?

Climate change is impacting almost every aspect of the DNR’s work. Whether it involves our forests, fisheries or wildlife, all are being impacted right now. Immediate concerns include the expansion of invasive species from warmer climes, warming of our coldwater resource, and changes in wildlife habitat. Efforts are now underway to make our natural resources more resilient to climate change.

Tom Baird poses with his dog.

Do you find the public to be very engaged or not so engaged in the NRC’s work?

The majority of the public is not engaged with the NRC, and even our hunters and anglers know very little about what the NRC does and how it works. There are basically two reasons. First, the scope of the NRC’s authority has been severely limited over the years by a variety of laws and executive orders. Where the NRC used to run the DNR, including hiring the director and setting all department policy, the role of the current NRC is to set regulations for hunting and recreational fishing and provide advice to the department on other natural resource issues. Second, the number of hunters in Michigan is declining, both in absolute terms and as a percentage of the population, so less people have a direct stake in what the NRC does.

What has surprised you the most during your service on the NRC?

I was surprised by the sheer number of things I didn’t know about the DNR, its staff, and the various species of fish and game which we regulate. Our fisheries and wildlife biologists are some of the best in the world, and others around the country always want to know “what’s Michigan doing” about common problems.

In what way does the public trust doctrine interact with the department’s work?

The public trust doctrine is an interesting concept when applied to hunting and fishing. Except when dealing with public surface waters, the public trust doctrine is rarely mentioned. Yet, our fish and wildlife are held in trust by the state for the benefit and enjoyment of all the people. This is an area which deserves further exploration.

What are you most hopeful about in terms of Michigan’s natural resource status?

I am hopeful that future sportsmen and women will remember their role in the protection of our fish and wildlife and the places they live. Our society today is, in many ways, very self-centered and “entitled.” That perspective keeps us from seeing the big picture and doing what is right for our children and grandchildren. We need to do a much better job remembering that it’s about the resource, not just about our fishing and hunting success next season. It appears that our younger generations are beginning to understand these things and are ready to step up now that it’s their turn.

A conversation with DNR Director M. Scott Bowen

Published on October 5th, 2023 by - Blog Posts

Governor Gretchen Whitmer appointed M. Scott Bowen as Director of the Michigan Department of Natural Resources (DNR) in September 2023. 

Bowen served as the Commissioner of the Michigan Lottery from January 2008 to February 2017. He also served as the Director of Office of the State Employer and was elected to two terms on the Grand Rapids City Commission.

FLOW asked the DNR director for his views on his new job and priorities.

What do you see as the primary challenges the Department faces?

The challenges I see are built around our most urgent needs in resource management. This includes making sure we are managing for, and being part of the solution to, climate change. We also need to make sure we’re continuing to address the problem of invasive species, and we need to make sure we are paying close attention to fish and wildlife health. Water is critical to our state, and the DNR can help by making sure we protect and enhance water quality through wetland acquisitions, easements and restoration.  We can also restore river connectivity by removing dams where appropriate. We need to continue to expand the DNR workforce and customer base to be reflective of all Michigan’s residents. 

We have a wealth of public lands in Michigan, and we need to make sure we’re taking proper care of those. The same is true of all the infrastructure the DNR manages, from our state parks to our fish hatcheries and trails. Making sure we manage all that infrastructure well is essential. I want to make sure the department has the right level of sustainable funding to accomplish all those goals, so we need to continue to be creative in the way we approach that challenge. I’m sure I’ll identify other priorities as my time in the department continues. 

What has surprised and/or pleased you most about DNR in your early days as Director?

I’ve certainly been pleased by the quality and commitment of the staff. I’ve always admired and respected the work of the DNR, but I didn’t realize until I arrived how many smart, capable people there are working for the department. I’m new to this work, so having those people surround me has been a great support as I get up to speed on the operations of the department and begin to form ideas about what I’d like to accomplish. 

Traditionally, some outside constituencies have often seen a conflict between resource protection and economic development. Which do you think should get more emphasis?

I think it’s both together. The DNR is installing solar arrays at our state parks, fish hatcheries and on other public land. We’re continuing to install electric vehicle charging stations at state parks and other locations to support cleaner energy. Those new technologies are going to create jobs, which is one of the Governor’s stated goals in her Mi Healthy Climate Plan. We want to support and advance that effort in our work. 

What role do you believe DNR plays in defending public trust resources?

Protecting and managing the resources that are held in trust for the people of Michigan is the central role of our agency. We are just temporary stewards of the forests, lakes, streams, fish, wildlife, public lands, history and culture that belong to the people of the state. One of the reason I agreed to do this job is to make sure those resources are left in better shape than we found them for our kids and grandkids.

Michigan DNR Takes Steps to Hold Enbridge Accountable

Published on January 13th, 2020 by - Blog Posts, News, Reports & Media Releases

Michigan Department of Natural Resources (DNR) Director Daniel Eichinger today set a 30-day deadline for Enbridge to submit key information regarding its ongoing violations of the state-granted easement conditionally allowing the Canadian company’s 66-year-old Line 5 oil pipelines to occupy the Straits of Mackinac.

Eichinger’s letter to Enbridge, which includes 20 questions to be answered by Feb. 12, is an appropriate step to conclude the DNR’s review ordered by Governor Whitmer last June, according to FLOW, the Great Lakes law and policy center based in Traverse City.

“It’s a welcome sign that Director Eichinger and his staff appear to be wrapping up their Line 5 investigation by asking for all other information and documentation that Enbridge has in its possession or control,” said Kelly Thayer, Deputy Director of FLOW (For Love of Water). “At the conclusion of this process, these serious and continuing violations of the easement by Enbridge should trigger the state to shut down the dangerous dual Line 5 oil pipelines in the Great Lakes before it’s too late.”

FLOW commended the DNR for taking this step to restore the rule of law on Line 5, the oil pipelines running through the open waters of the Straits of Mackinac, which researchers have called the worst possible place for a Great Lakes oil spill due to the powerful underwater currents, strong waves, seasonal ice cover, and extreme difficulty in responding to an oil pipeline failure.

“It’s clear that Line 5’s original design in the Straits is failing, as the powerful currents scour the public bottomlands and undermine the pipelines placed there in 1953,” said Jim Olson, FLOW’s President and legal advisor. “Enbridge’s continuing addition of more than 200 pipeline supports constitutes a risky redesign that never has been evaluated or authorized under the Great Lakes Submerged Lands Act and public trust law.”

The State of Michigan already has documented evidence on Line 5 of anchor strikes, exposed metal surfaces, and deep scouring of bottomlands that undermine the pipelines and even bend some of the newly installed supports. There also has been evidence of bending of Line 5 beyond curvature limits, Enbridge has failed to provide proof of liability insurance and other financial assurances, and missing protective pipeline coating and delamination.

FLOW filed formal comments in mid-November 2019 to assist the State of Michigan’s Line 5 review, citing new and ongoing legal violations by Enbridge and rising risk to the Great Lakes, jobs, and drinking water. In those Nov. 13 comments, FLOW called on the state to increase and strictly enforce the requirement for comprehensive oil spill insurance and terminate the 1953 easement that conditionally allows Line 5 to occupy the Straits of Mackinac, triggering the orderly shutdown of the dual oil pipelines as soon as practicable after securing alternative sources for residential propane in the Upper Peninsula (which a state task force is studying).

FLOW’s request followed recent revelations that Enbridge and its subsidiaries lack adequate liability insurance for a potentially catastrophic oil spill from the Canadian company’s decaying dual pipelines snaking across the public bottomlands, where Lake Michigan meets Lake Huron. The new evidence further supports FLOW’s long-standing contention that Enbridge is operating Line 5 illegally while the risk rises to the Great Lakes, jobs, and the drinking water supply for half of Michiganders.

Until Enbridge has applied for and obtains authorization under the rule of law or Line 5 is shut down, FLOW urges the state to impose immediate emergency measures that reduce the flow of oil in Line 5 to its original limit of 300,000 barrels per day (1 barrel = 42 U.S. gallons of oil). Enbridge currently pumps 540,000 barrels a day through Line 5 in the Straits, which is 80% more than the original design approved by the State of Michigan.

Pending such authorization or shutdown, state officials also should implement more stringent requirements for a mandatory emergency shutdown, including when there is a wave height of 3.3 feet or more in the Straits or winds in excess of 18 miles per hour, conditions that render oil spill response equipment ineffective. Based on the level of risk from Line 5 to public waters, the state also should require Enbridge and its subsidiaries to secure adequate insurance, bond, surety and/or secured assets in the total amount of at least $5 billion, based on a study commissioned by FLOW that found that a Line 5 oil spill could deliver a multibillion-dollar blow to natural resource and Michigan’s economy.

Don’t Forget the Department of Natural Resources

Published on December 16th, 2019 by - Blog Posts, News

An angler speaks with a DNR creel clerk. Photo courtesy Michigan DNR

By Tom Baird

Many Michiganders overlook a state agency critical to the environment.

When we talk about water issues in Michigan, we usually think of environmental protection, especially related to pollution and public health. We tend to forget that environmentalism was born out of the conservation movement of the early 20th century. Water issues remain central to the mission of the Department of Natural Resources (DNR) to this day.

Water was an integral aspect of the early conservation efforts of Michigan, often related to fish and game issues, as well as agriculture. The Department of Conservation was created in 1921, and the DNR took its place in 1965. Michigan’s early environmental laws were assigned to the DNR, but under Governor John Engler the Department was split, with environmental functions going to the Department of Environmental Quality (now Environment, Great Lakes and Energy, EGLE), allegedly because the environmental staff at the DNR was too zealous in its enforcement of the law.

The DNR still has an active water program, covering areas of major concern. Under the new administration of Governor Gretchen Whitmer, several of these areas have seen renewed focus. And the DNR has a Senior Water Policy Advisor, Dr. Tammy Newcomb, who oversees many of these efforts.

PFAS pollution is an area generally within the purview of EGLE and the Department of Health and Human Services. The DNR has an important role in assessing contamination of water bodies and the fish and game that use them. Recently “do not eat” advisories have been posted due to PFAS contamination on Clark’s Marsh and the Au Sable River near Oscoda and the Huron River, for example. The DNR is critical in determining how PFAS compounds work through an ecosystem, and its half-life in various species of fish. Michigan appears to be the only place in the world that has tested white-tailed deer for PFAS contamination, resulting in a “do not eat” advisory for venison near Oscoda. Much of this work has been controversial, especially in areas where hunting and fishing are integral to the local economy, but the DNR has pushed hard when public health was at risk.

Water withdrawals remain another controversial area of concern where the DNR is involved. Applicants for high-volume ground water withdrawal authorizations use the Water Withdrawal Assessment Tool (WWAT) to determine whether a withdrawal will have an adverse environmental effect. This is based on a computer model that assesses the effect on nearby streams. Those streams are classified, in part, by their temperature, flow, and the type of fish living in them. Cold-water trout streams, for example, are highly valued, so a relatively small adverse effect (compared to a sluggish warm water stream) might trigger a denial. The DNR is responsible for characterizing each stream’s type, and identifying the fish that live in it. Recent water withdrawals by Nestlé for bottled water and by Encana for fracking in northern Lower Michigan, and for agricultural irrigation in the southwestern part of the state, have caused significant controversies and litigation. The WWAT is under continuing review.

The Water Use Advisory Council is back in operation. Its purposes include the study of groundwater use in Michigan, and review of the scientific basis and implementation of the WWAT. As noted above, the DNR has an integral role to play, and Dr. Newcomb is the DNR’s delegate to the Water Use Advisory Council. Important work on the WWAT will continue in 2020.

Invasive species are a never-ending challenge for the Great Lakes. A major focus is Asian carp. Intensive negotiations are continuing with Illinois and federal authorities to block their migration into Lake Michigan. The goal is to engineer and finance the “Brandon Road Locks Project.” Brandon Road is a system connecting Lake Michigan to the Mississippi River. It could allow carp to invade the Great Lakes. The project involves measures such as an engineered channel and acoustic fish deterrent, air bubbles, electric currents, improved locks with flushing systems, specialized boat ramps, and other measures. Negotiations with Illinois are ongoing, with the DNR keeping up the pressure.

Climate change is a major emerging threat to Michigan’s fish, wildlife, and state forests. Warming temperatures and severe weather events threaten rivers, lakes, and streams, and their fisheries. The DNR Fisheries Division has been studying the issue for several years now. At some point, difficult decisions will need to be made regarding management of these resources in the face of these climate effects. For example, some streams will warm to the point that they will not be viable habitats for trout, causing management objectives to change. This will be controversial due to its effect on anglers and local recreational economies, and the DNR will play a central role in deciding how to manage these resources in the face of these changes.

The Department of Natural Resources remains integral to the study and management of Michigan’s water issues.  Monitoring its work is critical to assure healthy and productive habitats and sustainable water uses.

Tom Baird, who serves on FLOW’s board of directors, is past president of the Anglers of the Au Sable and chair of the group’s legal and governmental relations committees. Reach him at tbairdo@aol.com.

‘Line 5’ Threat to Great Lakes Won’t Be Solved By Proposed Anchor Rules

Published on May 15th, 2019 by - Blog Posts, Reports & Media Releases

“Let’s be clear: the ‘Line 5’ oil spill threat to the Great Lakes won’t be solved by emergency anchor rules that Gov. Whitmer called for today,” said Liz Kirkwood, executive director of FLOW. “The real solution to the threat of Line 5 in the Straits of Mackinac is to shut it down now.” 

“The Enbridge oil pipelines are past their life expectancy, bent, and battered. The governor’s duty is to protect the Great Lakes from Enbridge, which has a well-documented track record of deceiving the state of Michigan about the condition of Line 5. The fastest way to protect the driver of Michigan’s economy and drinking water source for half of all Michiganders is to revoke the 1953 easement allowing Enbridge conditional access to the state’s waters and bottomlands. Burying this risk in an oil tunnel, which the Whitmer administration is negotiating now with Enbridge, is not a solution. It’s a recipe for another century of risk to our waters and our climate.”

Images and video were released yesterday showing damage to the Line 5 oil pipelines in the Straits of Mackinac from an April 1, 2018, anchor strike. The footage showed a gash across the east pipeline and several dents, exposed steel, and scrapes on the west pipeline. The longest dent is nearly two–feet long. Enbridge supplied the video and photos to the U.S. Senate Committee on Commerce, Science, and Transportation and to the U.S. Coast Guard, which is investigating the anchor strike. Enbridge told the committee they considered the evidence ‘confidential’and didn’t want it published. U.S. Senator Gary Peters (D-Mich.) released the footage this week, after conferring with the Coast Guard.

Today, Michigan Governor Gretchen Whitmer directed the state Department of Natural Resources to proactively file an emergency rule to prevent anchor strikes in the Straits of Mackinac. According to the governor’s office, the emergency rule “will require large vessels to verify no anchors are dragging before passing through the Straits.” Whitmer also made a formal request to the U.S. Coast Guard to create a similar rule for all foreign vessels, which lie beyond state authority.