March 2023

Policy Letters

Outdoors and Conservation Groups Call for Congress to Not Invalidate the Latest WOTUS Rule

American Fisheries Society * Arizona Wildlife Federation * Backcountry Hunters & Anglers Fly Fishers International * Indiana Wildlife Federation * Izaak Walton League of America National Wildlife Federation * Nevada Wildlife Federation * Ohio Conservation Federation Theodore Roosevelt Conservation Partnership * Trout Unlimited The Honorable Charles E. Schumer Majority Leader United States Senate S-221 Capitol Building Washington, D.C. 20510 The Honorable Mitch McConnell Minority Leader United States Senate 317 Russell Senate Office Building Washington, D.C. 20510 CC: United States Senate March 14, 2023 Re: Oppose H.J. Res. 27/S.J. Res. 7 – Support a Strong Clean Water Act. Dear Majority Leader Schumer and Minority Leader McConnell, The below-signed members of the hunting, fishing, and scientific community urge you to OPPOSE H.J. Res. 27/S.J. Res. 7, the Congressional Review Act joint resolution of disapproval of the Revised Definition of the “Waters of the United States” rule. H.J. Res. 27/S.J. Res. 7 would invalidate the Biden administration’s recently finalized “waters of the United States” regulation, which restores long-standing protections for small streams and wetlands that are critical not just for trout and salmon fisheries but also for healthy watersheds and clean water for downstream businesses and communities. In virtually every respect, the rule is a codification of the approach that the Environmental Protection Agency and Army Corps have used for most of the past 15 years to identify waters that qualify as “waters of the United States.” This commonsense, science-based approach recognizes that pollution upstream can have downstream impacts, and thus we must protect the whole system to safeguard downstream communities and the environment. The rule also maintains longstanding Clean Water Act permitting exemptions for routine farming and ranching activities like plowing, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices, protecting these important economic activities. Using the CRA to attack this rule would prevent future administrations from issuing rules that are “substantially the same,” meaning that both protections and exemptions codified in this rule, including those for the agriculture industry, could be called into question in future rules to define “waters of the United States.” In addition to providing drinking water for our homes and businesses, the small streams and wetlands under threat also provide clean water for farmers, keep the economy afloat, protect communities from floods, serve as natural features to promote water recharge and drought resilience, provide critical wildlife habitat, and enhance outdoor recreation opportunities including hunting and fishing. Wetlands alone can absorb vast quantities of water during heavy rains or storms – one acre of wetlands can store up to 1.5 million gallons of floodwater which can reduce downstream impacts to critical infrastructure and promote resilience to drought. The fish and wildlife that sustain our outdoor passions and support the nation’s $887 billion outdoor recreation economy rely on these small streams and wetlands as well. Ephemeral and tributary streams serve as important spawning grounds as well as nursery habitat for juvenile fish, such as salmon and trout. Roughly half of North American waterfowl hatch in the Prairie Pothole Region, shallow, depressional wetlands that are particularly at risk, and more than a third of North American bird species rely on wetlands for food, shelter, breeding, nesting, and rearing their young. The economic benefits of hunting and fishing alone – which total $200 billion a year – are especially pronounced in rural areas, where money brought in during fishing and hunting seasons can be enough to keep small businesses operational for the entire year. Without clear federal protections for these waters and everything they feed into, hunting and angling across the country would be irreversibly harmed, devastating the outdoor recreation economy. H.J.Res.27/S.J. Res. 7 is a dangerous attempt to open up our wetlands and streams to pollution and destruction. This effort to undo fifty years of progress to protect clean water threatens the water resources that are critical for fish and wildlife, downstream communities, and the drinking water for millions of Americans. We urge you to oppose H.J.Res.27/S.J. Res. 7 when it comes to the floor for a vote. Thank you for considering our views. Sincerely, Douglas J. Austen, Ph.D. Executive Director American Fisheries Society Scott Garlid Executive Director Arizona Wildlife Federation John Gale Vice President Backcountry Hunters & Anglers Tom H. Logan Chairman/Senior Advisor – Conservation Fly Fishers International Board Conservation Committee Dan Boritt Executive Director Indiana Wildlife Federation Jared Mott Conservation Director Izaak Walton League of America Jim Murphy Director of Legal Advocacy National Wildlife Federation Russell Kuhlman Executive Director Nevada Wildlife Federation Tom Butch President Ohio Conservation Federation Alexander Funk Director of Water Resources Theodore Roosevelt Conservation Partnership Kate Miller Director of Government Affairs Trout Unlimited

March 14, 2023 No Comments

Policy Letters

AFS Urges Congress to Keep 2023 Waters of the US Rule in Place

March 9, 2023 Chairman Tom Carper U.S. Senate Committee on Environment and Public Works 410 Dirksen Senate Office Building Washington, DC 20510 Re: 2023 Biden Administration Waters of the U.S. Rule Dear Chairman Carper: On behalf of the American Fisheries Society (AFS), we write today to urge you to vote against S.J. Res. 7, the joint resolution of disapproval seeking to invalidate the Biden Administration’s Waters of the United States (WOTUS) rule (2023 Rule) published in the Federal Register on January 18, 2023. AFS has long supported a science-based definition of WOTUS. AFS fully supported the 2015 Clean Water Rule (2015 CWR) because it was informed by the best scientific information available and based protections on the many physical, chemical, and biological connections of headwaters to downstream navigable waters. We are on record in opposition to the 2020 Navigable Waters Protection (2020 NWPR) rule because it removed federal Clean Water Act protections for millions of miles of headwater streams and millions of acres of wetlands. The 2023 Rule is a vast improvement over the 2020 NWPR and represents a step forward in protecting our nation’s waters and the critical ecosystem services they provide for people and the environment. Invalidating the 2023 rule in an attempt to return to the very limited protections in the 2020 NWPR threatens highly valued fish, fisheries, ecosystem services, and the communities that rely on them. AFS is the world’s oldest and largest professional society of fisheries and aquatic scientists and managers. The Society seeks to improve the conservation and sustainability of fisheries and aquatic ecosystems by advancing science and promoting the development of fisheries professionals. We greatly value the country’s clean waters and healthy aquatic ecosystems as they are critical to maintaining fisheries and other critical ecosystem services such as supporting biodiversity, flood control, and carbon storage. The mandate of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. This can only be achieved if the definition of WOTUS is grounded in sound science that recognizes the multiple dimensions of waterbody connectivity: physical/hydrologic, chemical, and biological. AFS has long supported a science-based definition of WOTUS. The 2023 Rule seeks to balance the science with efficiency and provides additional clarity for implementation of the rule. We are on record in opposition to the 2020 Navigable Waters Protection (2020 NWPR) rule. The limited protections it provides for our nation’s waters threaten highly valued fish, fisheries, ecosystem services, and the communities that rely on them (Colvin et al. 2019). The 2020 NWPR removed protections for millions of miles of headwater streams and millions of acres of wetlands and would have resulted in severe ecological and economic losses and caused irreparable cultural and social damage (Cohen et al. 2016; Fesenmyer et. al. 2021; Creed et. al. 2017; Sullivan Declaration 2020.) More than a half century of scientific research demonstrates that the integrity of “traditionally navigable” waters fundamentally depends on tributaries – including headwater ephemeral, intermittent, and perennial streams – as well as many associated lakes, wetlands, and off-channel habitats (USEPA, 2015). Aquatic ecosystems depend upon transfers of chemical components, organisms, sediment, and organic materials among waterbodies to support the life in and around their shores. Without the safeguards of the Clean Water Act for these streams and wetlands, the ability of these waters to convey nutrients, provide pathways for migrating organisms such as fish and wildlife, and serve as a drainage and storage system for floodwaters is severely undermined. AFS fully supported the 2015 Clean Water Rule (2015 CWR) because it was based on the demonstrated importance of the many physical, chemical, and biological connections of headwaters to the ecological condition of downstream and downslope navigable waters and their biota. The 2015 CWR was informed by the best scientific information available as set forth in the comprehensive scientific report that accompanied the rule, i.e., the “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence” (herein the “Connectivity Report” but described in the 2015 CWR as the “Science Report”). The Connectivity Report synthesized over 1,200 peer-reviewed publications and provided the technical basis for the 2015 CWR. In the intervening years, interdisciplinary scientific efforts have further demonstrated the importance of protecting non-permanent waterbodies, including intermittent and ephemeral headwater streams and wetlands that are hydrologically and biologically connected to navigable waters (e.g., Cohen et al. 2016, Rains, et al. 2016, Fritz et al. 2018, Harvey et al. 2018, Leibowitz et al. 2018, Schofield et al. 2018, Colvin et al. 2019). In contrast, the 2020 NWPR was not based on current science and reversed decades of protections that were put in place to ensure clean water would be available for future generations (Sullivan et al. 2019, Sullivan et al. 2020). The 2020 NWPR rule focused only on hydrological surface connections to establish jurisdiction. It ignored many key biological and chemical connections that are critical for fully functioning aquatic ecosystems. It only recognized a limited subset of connectivity conditions, and it relied on flow permanence and physical abutment as measures of jurisdiction. Hence, it arbitrarily ignored other ecologically critical aspects of physical connectivity such as bed, banks, and high-water marks, and chemical, biological and ecological connectivity that were incorporated in the 2015 CWR. The 2020 NWPR eliminated protections for a staggering number of headwater streams, which are broadly defined as portions of a river basin that contribute to the development and maintenance of downstream navigable waters including rivers, lakes, and oceans. Headwaters include wetlands outside of floodplains and small streams with permanent flow, intermittent flow, and ephemeral flows. Headwaters affect downstream and downslope streams and wetlands; that is, they are hydrologically, chemically, physically, biologically and ecologically connected to what happens downstream. Headwaters are key to the sustainability of fish stocks in both upstream and downstream waters and should be protected (Colvin et al., 2019). The loss of Clean Water Act protections for headwaters would diminish ecosystem services provided by those waters, increase threats to imperiled species,

March 10, 2023 No Comments

Announcements

Second Vice President Candidate Statement: Patrick Shirey

Note: AFS members should check their email in March for voting instructions. BACKGROUND I am a Certified Fisheries Professional and a Certified Ecologist (Ecological Society of America). I earned my BS in wildlife and fisheries science from the Pennsylvania State University (2001), and my MS from New Mexico State University (2004), where I studied life history of the endangered Rio Grande Silvery Minnow Hybognathus amarus. Working on an endangered species impacted by environmental change and politics in an overappropriated river system led me to pursue and earn a law degree (JD) with a certificate in environmental and natural resources law at the Dickinson School of Law (2007). Motivated to combine my knowledge of science and the law, I was supported by a National Science Foundation-sponsored Integrative Graduate and Education Research Traineeship (IGERT) to earn my PhD in biological sciences at the University of Notre Dame (2014), where I studied the impacts of stream restoration on fish communities and environmental regulations pertaining to endangered species. After graduate school, I worked for an environmental consulting company doing wetland delineation and watershed planning and later took a career break from full-time work to care for my daughters. During that time, I continued volunteer work with AFS to stay engaged in the profession. I am an assistant professor at the University of Pittsburgh, Department of Geology and Environmental Science, where I serve on the faculty advisory board for the Pittsburgh Water Collaboratory and I serve the Mascaro Center for Sustainable Innovation as a Leonard Peters Faculty Fellow. I teach environmental justice, environmental law and policy, and current issues in sustainability in addition to supervising undergraduate and graduate students conducting research in aquatic ecosystems. AFS INVOLVEMENT Thank you to the volunteers who help the American Fisheries Society. Volunteer time with AFS has meant a great deal to me personally as it has helped me build professional relationships and collaborations. Though I served the New Mexico State University Student Subunit as Secretary (2002) and President (2003), I was hooked into volunteering with AFS after first attending the Annual Meeting in Lake Placid, New York (2006)—a memorable meeting due to the sudden cool weather and blue vests that kept us warm at the outdoor socials. Being new to the Annual Meeting and not knowing anyone there, I distinctly remember a group of students and faculty from Michigan State University including me in conversations at the outdoor social events. I contributed to the Pennsylvania Chapter while serving as the student representative in 2006 to host the 2010 Annual Meeting in Pittsburgh, Pennsylvania. As an AFS member for the past 16 years, I have enjoyed serving in various volunteer roles, attending our Annual Meetings, and participating in Chapter Meetings. Prior to knowing the difference between members and chapter affiliate members, I have fond memories of Pennsylvania Chapter meetings of 25–30 people and 3 professional talks with pizza at a small facility. Thanks to the Pennsylvania Chapter volunteers who embraced change to move meetings around the state to improve inclusion of students from different colleges and the geographic representation of attendees. I learned from the Pennsylvania Chapter that change to promote geographic inclusion can bring growth in member participation. In 2015, I served as a Policy Fellow for AFS (2014–2015), then as an Emerging Leaders Mentorship Awardee (2016–2017), and on the Resource Policy Committee (RPC) as the Vice Chair (2016–2017) and Chair (2017–2020). These years saw the transition of the RPC to a new format diversifying participation by including representatives from each AFS Section and the four Divisions. I worked with RPC Chair and AFS Past President, Leanne Roulson, retired AFS Policy Director, Thomas Bigford, and current Policy Director, Drue Winters, to help resource policy efforts. This included work with Roulson and Bigford on imperiled species policy issues, including reviewing history of AFS engagement, summarizing U.S. Fish and Wildlife Service recovery plans for fish species, and visiting Capitol Hill to engage with offices of elected representatives. I also worked with the policy director and AFS volunteers as part of larger team efforts on Waters of the United States, climate change threats, and coordinating volunteer input on regulations like the U.S. Fish and Wildlife Service definition of habitat. I most recently served as President of the Northeastern Division (NED; 2021–2022). A primary focus of my time as a NED officer has been helping promote inclusion from efforts started by the Southern New England Chapter (Lian Guo and Abigail Archer), finding additional ways to grow our membership (e.g., Gift a Membership Campaign work with AFS Membership Director, Kelly Kotche), and helping our return to in-person meetings. I have been fortunate to work with great people serving the NED and our Chapters, who are leading efforts to build inclusion and meeting participation that will benefit all AFS members. VISION My vision for the American Fisheries Society includes three areas within the 2020–2024 AFS Strategic Plan (http://bit.ly/395C8IB). (1) Focus on fiscal responsibility that enables our members to fulfill our mission; (2) help grow and serve our membership to increase reach in the profession; and (3) improve the vitality of our journals, books, and alternative media. These efforts are supported by my commitment to (1) foster a welcoming atmosphere in AFS; (2) recruit students to our profession (outreach effort ideas like engaging with high school students at our Annual Meetings); and (3) work to make sure volunteer participation represents membership breadth. Fiscal Responsibility To fulfill the AFS Mission “to improve the conservation and sustainability of fishery resources and aquatic ecosystems by advancing fisheries and aquatic science and promoting the development of fisheries professionals,” we need to be mindful of our monetary resources that support member efforts. In my opinion, we should (1) be purposeful in selecting meeting locations to keep costs down for our membership while generating revenue to support our programs, (2) find new ways to recruit membership, and (3) continue to improve our publications that provide a revenue stream. As part of recent conversations between the Northeastern Division, the Southern Division, AFS Officers, and AFS staff

March 7, 2023 No Comments

Announcements

Second Vice President Candidate Statement: Margaret Murphy

Note: AFS members should check their email in March for voting instructions. BACKGROUND My understanding of diversity in fisheries started young; I am proud to say my grandmother taught me how to fish. I loved those youthful days at camp, fishing off the dock for hours, smelting late at night, or in the woods hunting for worms. I always offered to clean whatever fish were kept for grilling and learned fish anatomy during the process. During my junior year at Siena College, my focus changed from pre-med to fisheries biology and I earned both my MS and PhD degrees at the State University of New York (SUNY) College of Environmental Science and Forestry (ESF). I worked in the private sector for over 25 years, including starting and successfully running my own consulting firm for 4 years. I have been an adjunct assistant professor at SUNY-ESF since 2012, serving on several thesis committees, conducting research in the Adirondacks, and teaching the “Fishes of the Adirondacks” course for two summers. Three years ago, I entered the public sector, becoming a fish program manager for Vermont Fish and Wildlife Department. I am responsible for overseeing our Lake Champlain programs, including Lake Sturgeon Acipenser fulvescens research, habitat assessment, and restoration, and coordinating with the state of New York and the U.S. Fish and Wildlife Service on salmonid management and control of Sea Lamprey Petromyzon marinus. Additionally, I participate on the agency flow team to assess fish habitat needs during hydropower dam relicensing as well as other flow related projects. This has been a big change for me and the transition to a small state agency has been a great experience. My background and wide range of positions provide me with a unique vantage point for an AFS Officer—I have been at both sides of the table and understand the value in listening to all perspectives and being open to reevaluating my view based on additional information and perspectives; my priority has always been for the natural resource and maintaining it for future generations. Science is dynamic and we continually take in new information and refine our understanding whether we are dealing with local and regional conservation challenges or fisheries management and angler needs. AFS INVOLVEMENT I began my leadership in AFS as a MS student at the urging of my advisor and mentor, Neil Ringler. During career changes, AFS has been my constant and I would have been lost without the support from AFS friends and colleagues. I have been a Certified Fisheries Professional since 2002. Most recently, I was honored to become an AFS Fellow, Class of 2022. Some highlights of my service over the past 30 years include: President, SUNY-ESF chapter 1990–1991. President, AFS New York (NY) Chapter 1998–1999. AFS NY Chapter Student Subunit Advisor 1996–2004. AFS NY Chapter Program Chair 2002. First Vice President, Northeastern Division 2003–2004; served on Management Committee. President, Northeastern Division 2004–2005; served on Management Committee. Northeastern Division Program Committee Chair 2003 and 2004. AFS 2005 Annual Meeting Student Activities Co-Chair. AFS Outstanding Chapter Award Committee Chair 2006–2007. AFS Award of Excellence Committee Chair 2007–2009. AFS Meritorious Service Award Committee 2009–2011. AFS Nominating Committee Chair 2012–2014. President, Water Quality Section 2013–2015; appointed to Management Committee. Strategic Planning Committee: 2008–2009, 2013–2014 (Chair), 2017–2019. AFS NY Chapter Local Arrangements Chair in 2020. Northeastern Division Technical Program Co-Chair 2021 NEAFWA meeting. AFS NY Chapter Women in Fisheries Mentoring; mentor to two women in inaugural year, 2022. VISION My vision for AFS has three major themes: Membership. AFS is one organization with many vital parts. Diversity, Equity, and Inclusion. We can and will do more to understand the issues and develop strategies to reach and support all fisheries professionals. Students and Young Professionals are the future. We need to learn from them and help them understand roles they can play and how AFS can help them I firmly believe the whole is always stronger than its parts and the collaboration of all fisheries professionals, as well as other disciplines, is critical. The American Fisheries Society is that whole and has been at the forefront of some of the critical issues facing natural resources today. We have the opportunity to increase public understanding of the value of fisheries and to foster sound stewardship of freshwater, estuarine, and marine systems. It is important to continue evaluating these issues and help guide government officials and inform legislation utilizing the expertise of our membership. In addition, our Chapters are a vital part of the whole of AFS and I would work to foster better communication on the benefits of AFS, as well as the importance of their role at the local level. This is already something I do when attending AFS Chapter Meetings and I envision designating local representatives from among the Chapter membership to convey this message among their peers. There are numerous careers available to fisheries scientists today that are more diverse than in the past and communication among us is critical. We need to maintain this diversity and develop ways for all members to connect and feel like they truly belong, as well as contribute to the success of AFS. Additionally, improvements can be made reaching out to underrepresented groups; AFS needs to continue to reach out and understand the services these groups require to increase membership diversity. Rarely has an AFS Officer come with a background from academia, government, and the private sector combined. I would bring this valuable perspective to the AFS leadership and commit to working on issues of expanding and diversifying the membership of AFS. Students and young professionals are the future of AFS; I want to continue developing services for and incorporating students and young professionals in the leadership of the organization. Students and young professionals provide a fresh perspective and can help keep AFS moving forward and becoming an even stronger and relevant organization. It is our job as professionals to listen to student ideas, as well as to help them understand the importance of maintaining credibility, establishing connections, and taking an active role in their

March 3, 2023 No Comments

Policy Letters

AFS Supports Increased USGS Streamgage Network Funding

AFS recently joined almost 100 conservation, outdoor recreation, engineering, and water organizations in calling for full funding of the U.S. Geological Service’s Streamgage Network. This request consists of $32 million dedicated to Federal Priorities Streamgages, $68 million for the Cooperative Matching Funds Program (including $33 million for streamgage support), and $35 million for Next Generation Water Observing System and data delivery modernization. Letter to Senate Appropriations Subcommittee on Interior, Environment & Related Agencies Letter to Senate Appropriations Subcommittee on Interior, Environment & Related Agencies

March 2, 2023 No Comments

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