Saturday, December 31, 2005

Whose side is WAL On?

Read entire editorial

...About 85 percent of all decks wouldn't even need a general permit, according to the agency. On the face of it, it looks pretty good. But there's a lot beneath the surface that isn't so pretty - there's some absolutely ugly stuff, in fact, that the DNR and the groups supporting the rules, such as the Wisconsin Association of Lakes (WAL), don't want you to know.

...The truth about what the DNR and WAL want to do on this front can be found in a case this year in the state Court of Appeals, an enforcement action against Tom Baer of Manitowish Waters.

In that case, the DNR cited Baer for illegal piers, though no one had complained. Baer challenged the citation, and the circuit court agreed with him, saying the agency was bound by the administrative rule's complaint-driven language.

The DNR appealed, and WAL weighed in with a brief explaining its view of the DNR's enforcement authority. The language is telling, for WAL essentially argues that the DNR should be able to go after piers at will, no matter what the rule states.

According to WAL, the legislature has given the DNR "sweeping authority" to regulate piers under the public trust doctrine.
_______________________

For more infor, write or go to:

info@wisconsinlakes.org

www.wisconsinlakes.org












Friday, December 30, 2005

Killer Ducks

Smithsonian Magazine
January, 2005 edition
Page 41
Reporting on the Avian bird flu recently found in Asia

Read entire story in PDF format

Robert Webster one of the worlds leading Virologist thinks the “duck is the world's most dangerous animal.”

His research has shown that ducks can transmit flu viruses quite easily to chickens.

But while chickens that come down with bird flu die at rates approaching 100 percent, many ducks don’t get sick at all. So they fly off to other parts of the world carrying the virus.

“The duck is the Trojan horse,” Webster says.

The virus passed directly from birds to people, killing dozens in what the World Health Organization has described as the worst outbreak of purely avian influenza ever to strike human beings.

Webster says, “ The world is teetering on the edge of a knife blade”.

He thinks the H5N1 strain poses the most serious public health threat since the Spanish flu pandemic of 1918, which killed an estimated 40 million to 100 million people worldwide.

Ramifications of pier rule are significant - action is needed now

To the Editor:
Despite the disingenuous media blitz on the part of the DNR which attempts to assure everyone that they aren't affected by the revised rules, an examination of the rules shows that the revisions are as intrusive and as onerous as the original.

These rules will continue to affect many thousands of families. They continue to be harmful to the environment and unnecessary excessive restrictions. The rules perpetuate the three-foot water depth standard. How does a churning propeller inches from the bottom enhance aquatic life? It doesn't; it is harmful.

How many teenagers diving into that shallow water will be injured?

No one quarrels with limitations on structures which interfere with navigation or which are, in fact, harmful to aquatic life. This rule over does it. It overkills with a lot of collateral damage. It's like taking an Abrams tank into the woods for deer hunting; you might get the deer, but you will do a lot of damage.

One has to wonder what the true intent of the DNR is; remember this agency in the past has attempted to prescribe pier color as well as limit the colors of boat hoist canopies.

The limitation on the number of boats you may have doesn't take into account the size, whether motorized or not; it's arbitrary and capricious. A 20-foot lot could have two 30-foot cigarette boats with dual engines; the neighbor with a 50-foot lot would be limited to two eight-foot non-motorized pram sailboats. Does that make sense? NO.

The DNR Board did extend the time period for compliance to three years to eliminate "excessive" pier platforms (some of which, according to the DNR secretary, have been around 20 years). BUT the rule was so urgent that they couldn't delay to allow time for the public to review and comment on the hastily-contrived revisions.

How many piers are affected? How many piers are there? Does DNR know? They say they do. When the rule was first proposed, DNR estimated that there were 550,000 piers. Less than 1 percent would be affected. After objections were raised, DNR determined that there were 187,000 piers and that less than 1 percent would be affected. Hmmm ... the public has not been given any time to review this either.

From the DNR's own numbers (they randomly selected 35 out of 15,000 Wisconsin lakes to determine impact) we find that 20 of 35 lakes would have greater than 1 percent requiring permits. Some lakes would have greater than 50 percent in noncompliance, most would have 10 to 20 percent requiring permits.

Under the new proposal, nearly everyone would have to register their piers. On Pewaukee Lake in Waukesha County, my home lake, I am advised by two knowledgeable and independent sources (one from the sanitary commission and one from the town government) that more than 50 percent of the existing piers are out of compliance. This is just the start of regulation. Once you're registered ... next they'll want to register guns (so you can prove your ownership; we don't need that help).

Why is this necessary to eliminate navigational obstructions? DNR has the authority now to remove navigational obstructions or obstructions harmful to aquatic life. If a structure is otherwise "objectionable," let the local folks, through enhanced local zoning authority, take care of it.

The problem is compounded by the fact that DNR managed to get some of their new pier guidelines codified in the state statues in a recent revision to their permitting process. That revision overall was good, but the Legislature and Gov. Doyle weren't quite as vigilant in reviewing the ramifications of the "fine print."

What to do?

The Legislature and governor should move quickly to: • Suspend the rule; • Amend existing law to provide that all existing piers which do not materially interfere with navigation or adversely affect (materially) aquatic life are in fact grandfathered. Any registration would be voluntary; • Amend the law so that piers may be constructed to the maximum of sufficient water depth, low water, for a boat kept there or three feet, which ever is greater. • Amend the law to define the "boat slip" limitation to apply only to motorized craft, not including non-motorized craft (this would make sure that water "toys" - sail powered only boats, canoes, kayaks - are not counted against the boat slip limitation); and • Amend the law to strengthen local zoning powers.

I could go on at greater length. This proposal from the DNR and its board is one of the worst overkill proposals I have ever seen come from state government. The ramifications, the restrictions imposed, will really be felt in coming years. It is not necessary.

The DNR Board has failed the public; they seem only to listen to the sycophant organizations that can hire people to regularly attend their meetings. I hope the governor and Legislature will act.

James R. Klauser
Pewaukee
December 27, 2005

Read October post

Thursday, December 29, 2005

DNR EA - Chapter 3

Chapter 3, Affected Environment – Physical Environment

Lake Koshkonong, DNR EA


Also posted at our Science Page

DNR EA Summary

ENVIRONMENTAL ASSESSMENT
On the Petition of the
Rock-Koshkonong Lake District
To Amend Order 3-SD-82-809, Regarding the
Indianford Dam and Lake Koshkonong Water Levels
December 14, 2004
Wisconsin Department of Natural Resources


Click Here



This material is also posted at the Science page.

Wednesday, December 28, 2005

DNR warns public about unsafe ice

Story

MADISON, Wis. - State wardens are urging people to take care when venturing onto ice after warmer winter temperatures created hazardous conditions

Monday, December 26, 2005

DNR Approves New Trash Gates

The plans for Assembly Trashrack by United Alloy, Inc dated 11/2/2005 are approved in accordance with ch. 31.12, Wis. Stats.

Conditions -
1. Installation will be done without drawing down the impoundment.

2. For up to five days before the installation, Rock River flow at the Indianford Dam can be passed through the wicket gates instead of the lift gates to allow for the dislodging and breaking up of ice at the existing trashracks.

3. Wicket gate settings will be adjusted as needed to maintain water levels. This may require adjusting the gate settings more than once a day. All dam operation changes must be reported to WDNR and USGS using the existing format used by your operator. The operational changes are to be submitted by email or fax at the time of the changes. Emails or faxes are to be sent to Susan Josheff at susan.josheff@dnr.state.wi.us and to Ken Johnson at kenneth.johnson@dnr.state.wi.us.

4. At the time of trashracks are installed, flow passage at the dam will revert back to the lift gates as specified in the water level order 3-SC-2003-28-3100LR.

5. Please photograph the existing trashracks in place and after removal and the new racks before and after installation and send photos to me.

If you have questions, please talk to Ken Johnson after Jan 3 when he returns to the office. His number is 608-275-3243. I will be out of the office until 1/17/05.

Susan Josheff

Friday, December 23, 2005

DNR Todd Ambs

PROFILE SUBJECT: Todd Ambs

TITLE: Administrator, Division of Water Programs, Wisconsin Department of Natural Resources, since 2003.

BIRTHPLACE AND DATE: Nov. 28, 1958, Jackson, Mich.

EDUCATION: Bachelor of Arts, political science with speech and history emphasis, Eastern Michigan University, 1980.

OTHER JOBS: 25-year career in public policy work for six government agencies and seven non-profits, as well as some campaign positions. Worked for nonprofit organizations in Washington, D.C., from 1980-82, and in the state of Michigan from 1982-84. Served as spokesman for Ohio's Public Utility Commission from 1984-86. Served as communications head for Ohio Gov. Richard Celeste's campaign in 1986, and served as spokesman for the Ohio Department of Natural Resources from 1987-90. Served as deputy campaign director for Ohio Attorney General Lee Fisher in 1990, and as his policy director from 1991-94. Worked for Rivers Unlimited in Ohio from 1994-96. Senior policy analyst for then-Wisconsin Attorney General Jim Doyle, 1997-98. Served as executive director for the River Alliance of Wisconsin from 1998-2003.

FAMILY: Single

STAFF: Supervises 640 in the water division

OFFICE ADDRESS, TELEPHONES: 101 South Webster St., Madison 53702, (608) 264-6278.

Todd Ambs' father was a longtime teachers' union organizer before he became a school district administrator, allowing him to see down both sides of the negotiating table.

"There are no permanent friends and there are no permanent enemies," Ambs, the state's top water official, says of the lessons learned from his late father.

From his grandfather, also a former parks superintendent, Ambs learned how to prune bushes and put a worm on a hook. "Because when he wasn't working in the woods, he was fishing," Ambs says of the man whose passion for the outdoors lives on in him.

Another life event: The night before Ambs was going to take those dreaded law school entrance exams, his father called with news that Todd's mother had a blood infection that exploded into a series of strokes that has left her disabled. Ambs rushed to the airport and shelved the law school exams - permanently. "Fate dictates where you wind up," he concludes during a recent interview.

Love brought Ambs to Wisconsin in 1996. That particular love is gone, but Ambs' heart is doing quite well these days. And we'll leave it at that.

A native of Jackson, Mich., Ambs' name became more widely known in Wisconsin when he served as the executive director of the River Alliance of Wisconsin. However, some might not known that Ambs' first job in Wisconsin was as a state employee, working as a senior policy analyst for then-Attorney General Jim Doyle from 1997-98. In 1998, he joined the River Alliance and stayed until 2003, when he was tapped by now-Gov. Doyle and Department of Natural Resources Secretary Scott Hassett to be -- as Hassett put it -- the state's top water boy. That'd be charming if things weren't always so controversial on the water job.

The elder Ambs, who ended his career as an administrator for the public school system in Jackson, Mich., later negotiated contracts with the unions he helped form. "He taught me a lot of good lessons that way. He recognized - and led by example - that there is definitely two sides to every issue. He was a mediator and an arbitrator. He taught me a lot of good lessons about how to comport yourself in life."

Just like his teacher-union-organizing father, Ambs has changed chairs at the negotiating table. Now he faces the environmentalists as a bureaucrat who realizes there is nothing permanent about relationships forged during policy debates.

When his mother was healthy, she worked as a substitute teacher and also in real estate. His sister is an administration assistant for the Jackson Public Schools in his hometown. The household encouraged social responsibility. "Other kids had cartoons on their fridge; we had a list of what we were boycotting," Ambs jokes of his childhood.

"I always knew I'd be engaged in public policy in one way," Ambs says. "And I've always had a passion for the outside."

In recent weeks, Ambs has been on the front lines at the Capitol, dealing with peeved lawmakers on the pier issue. It started with Act 118 - the so-called Job Creation Act that also put into the statutes the DNR's pier planner and called for the agency to write act-conforming rules. The intent is to standardize pier size and prevent future construction of piers with decks the size of a single-family house. The DNR says these huge piers are harming the fish habitat and aquatic plant life and says they're likely in violation of the Public Trust Doctrine, which mandates the public's right to access the state's waters.

The DNR, with Doyle's backing, has completed the latest version of its pier rules, arguing it has fulfilled the Legislature's mandate to regulate future pier size while offering 99 percent of the state's existing piers a free pass.

The major sticking point between the agency and Republican legislative leaders is the category of existing piers with loading docks larger than 200 square feet -- and that includes an estimated 1 percent with very large decks in existence before Act 118 took effect in February 2004. The DNR, which strongly objects to charges it wants to apply rules retroactively, wants to give the owners of these larger piers three years to come into compliance. Republican leadership says applying the rules ‘retroactively’ to piers in place before Act 118 took effect is unfair.

Another point of contention is the number of boat slips allowed per property. Assembly Bill 850, recently passed by the Assembly, seeks to ease the boat slip restrictions sought by the DNR as well as grandfather in more of the existing piers with larger loading platforms.

At the DNR, Ambs attempts to bring in his outside world experience to his government job. He knows firsthand the pressure points and the concerns of "average folks who want to protect the resources.

"My job was to advocate for rivers. Period. That's not the hat I wear anymore," he says of switching from the River Alliance to the DNR.

Ambs says Wisconsin handles its resources the right way. "We treat the waters as if they belong to everyone," he says, noting the constitution emphasizes it. "We have tremendous water resources in the state. Because it belongs to everybody, we have a lot of competing desires and wants for what people want to do with that water. And lucky us (DNR), we get to break the ties. We figure out where the balance is."

And his guide for balancing remain lessons learned from his father. Those include realizing there are no permanent friends and no permanent enemies - especially in the public policy world. An issue that separates groups may unite them in the next. "And that credibility is deemed by the thimbleful and not by the bucket." That means, Ambs says, following through on all commitments.

This isn't the first time Ambs has switched chairs at the table. Only 47, Ambs has worked in three states and the District of Columbia for seven nonprofits and six state agencies - as well as a few key campaign jobs. Ambs started his diverse career path after his 1980 graduation from Eastern Michigan University with a bachelor of arts in political science with a speech and history emphasis. "I charged off to Washington, D.C. with my poli-sci degree to take on the world," he says with a laugh.

That lasted a couple of years before he moved back to Michigan in 1982 to continue his work with nonprofits. He stayed there for two years. And in 1984, he moved near Cleveland, where he landed his first state government job - as the spokesman for the Ohio Public Utility Commission.
Being the political junkie that he is, he ended up doing communications for the 1986 reelection campaign for the last Democratic governor to serve in Ohio -- Richard Celeste. After that, he served as the spokesman for the Ohio Department of Natural Resources until 1990, when he returned to the campaign trail as deputy campaign director on behalf of Democratic Ohio Attorney General Lee Fisher; Fisher won by 800 votes. Ambs joined his staff as his policy director from 1991-94. After the Republican landslide victories in 1994, Ambs worked for Rivers Unlimited in Ohio from 1994-96 before he ended up in Wisconsin.

Ambs had gotten to know Doyle through a national attorneys general group during his years with Ohio's AG Fisher. So when he landed in Wisconsin, he contacted Doyle and learned of an opening on his staff. He applied for the classified position and got it. "And then I was given the job opening for the executive director of the River Alliance of Wisconsin. I certainly have a passion for the environment and water issues in particular," he recalls. "So I went back to the nonprofit and did that for four years until 2003."

After winning the 2002 gubernatorial election, Doyle asked Ambs to serve on his transition committee, helping to assess the DNR and top agency appointments "Through that process, I frankly became much more intrigued of going back into government."

Madison attorney Scott Hassett was selected as secretary; Hassett in turn selected Ambs, who accepted the job of supervising 640 staffers in the water division. "We have the broadest scope of any water division in the country."

The division is responsible for anything water -- including drinking water, nonpoint pollution rules, habitats and more. "So, basically, if it is wet we have something to do with it."

Besides the pier issue, another big one that kept Ambs occupied since joining the agency was shoreline development. Those rules dealt with what happens on the land right next to the water. Another giant issue on Ambs' plate is the agreement involving eight states and two Canadian provinces to protect the Great Lakes-St. Lawrence River Basin. Signed on Dec. 12 by the governors and Canadian leaders, the agreement is to attempt to ward off large-scale water diversion out of the basin. "It is a very big deal," says Ambs, who also represents the state on several Great Lakes issue panels. "Nobody has ever tried to do this on this scale."

Four years in the making, the rules next must be approved by the eight Legislatures, Congress and two Canadian provinces. There also is bipartisan support for the rules in the Wisconsin Legislature, Ambs says.

Still, critics contend the rules are written to actually allow for diversions - such as into Waukesha; critics fear that will lead to even more sprawl and loss of Great Lakes basin water. Ambs says the deal will likely still be a discussion topic 50 years from now.

Most days, Ambs says he likes his job. "I can't say I enjoy it every day, but I feel like it is important that I am there every day," he says, adding that seeing the DNR's field staff in action ``is some of the most rewarding time.''

Adds Ambs: "We're one of the few states left that has all the resources left in one agency. And I think that's the best model."

When he's not the ``water boy'' at DNR, Ambs is liable to be on the water - fishing, paddling and camping on the shore along any of Wisconsin's rivers. In addition to the state's plentiful water resources, Ambs notes Wisconsin's fine selection of beers. "Life is too short, and there is way too much beer to drink,'' he says.

Tuesday, December 13, 2005

Motorcycle Ice Races

On Saturday, January 21st, Motorcycle ice racing returns to Lake Koshkonong.

The races will begin under the lights at 5:30pm, at Dallman Landing, Charley Bluff.

As courtesy to the neighbors, I am told the racing will wrap-up by 9:00pm.

This is a charitable event, benefiting the Steel Toe Foundation.

Exit #163 I-90; STH 59 east towards Milton to CTH N; turn left onto Charley Bluff Road, straight to lake landing.

Ya-hoo!

Monday, December 12, 2005

Meat Raffle Success

On behalf of the Board of Commissionsers - Frank Micale, Marty Walsh, Jeff Folk, Ray Lunder, and Brian Christianson - we want to thank Connie and the crew at Snuffy's for hosting Sunday's fundraiser benefiting the Lake District.

Wiggy and Scotty Krause were master Meat Jockies and raised a good chuck of beef for our upcoming Contested Case Hearing opposing the DNR water level orders.

Thank You All!

Saturday, December 10, 2005

Note from Vinne Ha Ha

Hi people,

This year the road going down to the Vinne Ha Ha boat landing, which is heavily used for ice fishing and snowmobile access has not been being plowed.

I called the Town of Koshkonong and talked to Judy, who talked to Paul Swart, and they said that it was DNR property and the DNR didn't want it plowed because if it were plowed they'd be liable for anything that happened.

I was wondering if you were aware of this, and if it were a deliberate policy decision. If so, I was wondering if it was related to the winter drawdown, and whether that was resulting in cutting off access to the landing. In the past the landing has seen far more use in the winter than in the summer.- there are people going out on the lake day and night.

Certainly, if this is a deliberate decision, it's cutting off or severely limiting recreational access to something that has been heavily used for recreation and fishing access in the past.

This is also cutting off access to (and plowing in) the US Mail boxes for the five houses at the end of Vinne Ha Ha, and has the potential of depriving us of mail delivery.

Friday, December 09, 2005

How Does the DNR Measure Square Footage?

Brian, it needs to be pointed out the Mike Staggs and Scott Ambs of the world that if 200 sq'. is bad for fish, nearly every pier that exists today is over the 200 square foot limit for platforms and therefore bad for habitat.

So when interpreted in one way what is the difference in damage between a pier or a so-called "party platform" as to damage to fish habitat?

Sizes that exceed include a very common 6' X 33.5' / 5 'X 40' / 6.5' X 32' Etc. also include 24 X 8.5' pontoon boats and larger. As well as every canopy that is over the top of a boat hoist 22' X 10' the smallest available is 220 sq '.

The premise of the habitat destruction is due to reducing the direct sunlight from reaching the bottom thereby reducing the submergent vegetation from required light...... Why then is the best place to fish under and around the piers and boats?

Wednesday, December 07, 2005

DNR Revises Pier Rules

-- A revised package of pier regulations promoted as affecting only so-called “party platforms” netted unanimous support from the state’s Natural Resources Board meeting today in Madison.

Several citizens representing themselves or groups appeared to offer last-minute testimony seeking modifications reflecting their specific group’s concerns, while others cheered their speedy approval to protect the public’s access to waters.

Proponents of the revised rules package also pitched them as protecting state’s $2.3 billion fishing industry. “The waters in Wisconsin are publicly owned,” said Mike Staggs, the DNR’s top fisheries expert told the board, adding studies have shown the large ``party platforms'' hooked to piers are damaging to fish and plant life.

The rules next will be shipped to the Senate and Assembly natural resources committees for a 30-day period. The committees may either ship back the rules for modifications or take no action allowing the rule to take effect.

According to Department of Natural Resources officials, the rules will provide certainty as to what is allowed for future pier construction, provide for the grandfathering in of piers existing before February 2004 with decks smaller than 200 square feet and create a three-year enforcement window for the piers with decks larger than 200 square feet. The new rules eliminate the $50 general permit fee proposed in the initial rule package for existing piers with a loading platform up to 200 square feet, but maintains the $300 individual permit for the owners of the piers with the loading platforms of 200 square feet and larger.

DNR’s water program coordinator Todd Ambs said discussions with some legislative leaders indicate more of a “comfort level” with the revised package, and that he believes the Gov. Jim Doyle is supportive of the package. Meanwhile, Assembly Speaker John Gard and Rep. Scott Gunderson, R-Waterford, are backing a bill seeking to grandfather in all existing piers – regardless of size and structure. Ambs said it is the agency’s wish the Legislature will allow the rule process to finish before moving ahead with the bill. Meanwhile, Ambs said while all sides are close to complete agreement, the number of boat slips remains an issue.

The rules, mirroring Act 118, allow for two boat slips for the first 50 feet of shoreline and one additional boat slip for each additional 50 feet of shoreline. Some are pushing for one slip per residential unit in larger complexes.

Local municipalities would be allowed to craft tougher zoning codes for their lakes than what the state rules call for.

Monday, December 05, 2005

New DNR Oversight

--In advance of Wednesday's Natural Resources Board meeting to consider revised pier reg rules, Republican legislators today announced the formation of the Special Committee on DNR Regulatory Reform.

The committee will primarily focus on the content and enforcement of such issues as pier regulations, wetlands regulations, and land- use regulations

The committee, to be chaired by Senate President Alan Lasee, will include Republican Sens. Zien and Stepp as well as two Democratic senators.

The committee hopes to achieve greater legislative oversight of the DNR, which they perceive as having excessive arbitrary authority over Wisconsin land and property owners.

“The DNR continues to get consistently more complaints than any other state agency,” according to Lasee. Lasee said his concerns with the DNR stem from numerous individual complaints from constituents. He pointed to cases in which citizens were fined for building with appropriate permits.

“It’s a situation where people want to enjoy their property.”

Zien said the committee would chart the positive work of the DNR as well as individual “atrocities.”

Public Testimony Sign-Ups

On March 28th and 29th, the Contested Case Hearing will hear "non-expert" testimony in Jefferson.

The RKLD must submit a list to the hearing examiner with names of people who wish to speak in March, by this Friday, Dec 9th.

If you have an exceptionally long pier, or a far-away boat lift and still barely able to float your boat, then please sign-up and be heard.

If you have fished Big Kosh with regularity and seen a decline in fish population, water clarity, habitat, then please sign-up and be heard.

If you own a business that your economic livelihood is derived from a healthy Lake Koshkonong, then sign-up and be heard.

If you live beyond the boarders of the lake district, but use the public boat launches with regularity, then sign-up and be heard.

Your comments need not be long, but we are looking for those of us who are passionate about the lake and river and can offer genuine insight into those groups of people who use the lake; diverse interests, as the DNR calls it.

The DNR has placed a heavy emphasis on protecting the interests of the Wetlands owners. The other aspects of the Public Trust Doctrine have not been given equal weight.

Please respond with your name, mailing address, and phone number. If there is a day and time that works best for you, we will attempt to accommodate everyone's schedules.

This is a work in progress, so please forward names that you think we should contact.
thanks!

Brian Christianson
bkc@CPGMidwest.com
608-884-9444