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Policy News

AFS Briefs Congress on WOTUS

On February 9, the Clean Water For All Coalition in concert with the House Transportation and Infrastructure Committee Minority hosted a Capitol Hill briefing on Waters of the U.S. for House Democrats. Drue Banta Winters spoke on behalf of AFS regarding the importance of a science-based definition of Waters of the US that recognizes the multiple dimensions of waterbody connectivity and its importance to fish. The event was moderated by Julian Gonzalez, Senior Legislative Counsel, Earthjustice. Other speakers included Jon Devine, Director of Federal Water Policy, Natural Resources Defense Council and Tricia Kilgore, Director of Technology & Innovation, Beaufort-Jasper Water and Sewer Authority. The briefing came on the heels of a House T&I hearing on the Biden Administration’s new rule. There was significant misinformation presented at the hearing and the briefing sought to clarify some of that. AFS submitted testimony and Rep. Grace Napolitano entered it into the record at the hearing. Republicans in both chambers have filed bills to pull back the 2023 WOTUS Biden Rule under the Congressional Review Act. The U.S. Supreme Court is expected to issue an opinion in the Sackett case this spring/summer, but a decision could come at any time. Hi-I’m Drue Winters and I’m here today on behalf of the American Fisheries Society or AFS, the world’s oldest and largest professional society of fisheries managers and scientists. The society publishes peer reviewed journals and holds conferences where scientists present their fisheries research. The Society isn’t an advocacy organization, but we do weigh in on important conservation and sustainability topics where they impact fish. At the core of AFS is science. 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 Science tells us that aquatic ecosystems depend upon transfer of chemical components, organisms, sediment, and organic materials among waterbodies to support the life in and around their shores. That’s why AFS has long supported a science-based definition of Waters of the U.S. for its importance to fisheries, flood control, carbon storage, and biodiversity and also for the people and communities that rely on clean water. And fish have a big economic impact, freshwater fishing contributes $41.9 billion and over 500,000 jobs our economy. Healthy waters fuel the outdoor recreation economy, support angling and hunting, boating, commercial fisheries and the fishing industry. The 2015 Clean Water Rule is considered the Gold Standard because based CWA protections on multiple dimensions of waterbody connectivity. In contrast, the 2020 Navigable Waters Protection Rule established in the last administration did just the opposite. In based jurisdiction only on hydrologic surface connections. In doing so, it removed protections for millions of miles of headwater streams and millions of acres of wetlands. When headwaters are polluted or destroyed, fish, fisheries, and ecosystem services are compromised. Headwaters are key to the sustainability of fish stocks in both upstream and downstream waters. Threatened and endangered species will be harder to recover, and more species will be at risk of becoming imperiled. So what are headwaters? Broadly it’s those portions of a river basin that contribute to the development and maintenance of downstream navigable waters including rivers, lakes, and oceans. Headwaters can be wetlands outside of floodplains, small streams that flow year round, ones that flow periodically or seasonally from groundwater or precipitation, or ones that flow only after a rainfall event. Fish, in their stages of their life, live in these streams. These waters aren’t connected at the surface all the time to navigable waters, but biologically and chemically connected. Let’s simplify this: if you dredge and fill the small streams and wetlands that are chemically and biologically important to the downstream navigable waters and you only protect the waters that are connected at the surface, then you impair the functioning of the whole network of waters. 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 fish and wildlife, and drainage and storage system for floodwaters is severely undermined. 40 percent of freshwater fish are already imperiled. And this will only become worse as Climate change intensifies. Aquatic resources in many states, particularly in the central and western U.S., are already stressed by overuse of water and extreme weather patterns. Many streams will shift from perennial to intermittent or even ephemeral. Let me take you to a stream in Colorado that is important for imperiled fish. Cottonwood Creek is an intermittent tributary of the Gunnison River in western Colorado that hosts large numbers of Bluehead Suckers, Flannelmouth Sucker, and Roundtail Chub during spring spawning. Intermittent tributaries like these are critical for sustaining populations of these three species, which are the subject of rangewide conservation efforts to prevent listing under the ESA. Today it is intermittent, tomorrow who knows. 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: 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. It appropriately recognizes that science is complex and cannot be ignored for the convenience of administering the Clean Water Act. The 2023 Rule addresses the major flaws with the 2020 NWPR, seeks to balance the science with efficiency, and provides additional clarity for implementation. We cannot return to a rule that is not science-based. For AFS this isn’t a trivial fight, it isn’t about federal control or more regulations. It’s about protecting what we hold dear, for some it’s fish, for others, our health, our way of life, how we connect with nature, and for the economy.

February 23, 2023 No Comments

Policy Letters

AFS Urges Congress to Uphold 2023 Waters of the US Rule

February 7, 2023 Chairman David Rouzer U.S. House of Representatives Committee on Transportation and Infrastructure Subcommittee on Water Resources and Environment 2165 Rayburn House Office Building Washington, DC 20515 Ranking Member Grace Napolitano U.S. House of Representatives Committee on Transportation and Infrastructure Subcommittee on Water Resources and Environment 2165 Rayburn House Office Building Washington, DC 20515 Dear Chairman Rouzer and Ranking Member Napolitano: On behalf of the American Fisheries Society (AFS), thank you for the opportunity provide testimony on the impacts of the Biden Administration’s Waters of the United States (WOTUS) rule (2023 Rule) published in the Federal Register on January 18, 2023. 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 oppose returning to the 2020 Navigable Waters Protection (2020 NWPR) rule. The limited protections in the 2020 NWPR threaten highly valued fish, fisheries, ecosystem services, and the communities that rely on them (Colvin et al. 2019). The 2020 NWPR removes protections for millions of miles of headwater streams and millions of acres of wetlands and would result in severe ecological and economic losses and cause 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, impair commercial and recreational fisheries in both fresh and salt waters, and degrade fishes of great cultural value to Native Americans and the recreating public. Climate change will only exacerbate those losses. Aquatic resources in many states, particularly in the central and western U.S., are already stressed by overuse of water and extreme weather patterns. The reduction in groundwater has greatly impaired flow regimes, causing many streams to shift from perennial to intermittent or even ephemeral (Colvin et al., 2019). Under the 2020 NWPR rule, streams and playas may no longer be protected that were historically perennial but now have impaired flows because of groundwater depletion. Whereas water rights and use largely fall outside the jurisdiction of the Clean Water Act, the negative impacts of unregulated dredge and fill within those streams and

February 8, 2023 No Comments

Pebble Mine

AFS Commends EPA Veto of Pebble Mine Project to Protect Bristol Bay Salmon Fisheries

FOR IMMEDIATE RELEASE January 31, 2023 Contact: Drue Winters [email protected] AFS Commends EPA Veto of Pebble Mine Project to Protect Bristol Bay Salmon Fisheries The American Fisheries Society commends the EPA’s use of its authority under section 404(c) of the Clean Water Act to safeguard Bristol Bay’s, sustainable wild salmon and the pristine habitat they thrive in from the irreversible effects of Pebble Mine, a project whose impacts to fisheries and the watershed cannot be adequately reduced or mitigated. Bristol Bay supplies 57 percent of the world’s wild Sockeye Salmon, generating $2.2 billion annually, supporting 15,000 American jobs, and sustaining Indigenous communities since time immemorial. Incredibly, more than 78 million salmon returned to Bristol Bay in 2022. In addition to Sockeye Salmon, Bristol Bay and the watershed support one of the world’s largest remaining wild Chinook Salmon runs and healthy Coho, Chum, and Pink Salmon runs. These salmon, as well as resident trout, sustain lucrative commercial and recreational fisheries and provide jobs and food security to 25 rural Alaska Native villages and thousands of people. The high salmon production fuels an entire ecosystem including grizzly bears, moose, and estuarine birds. The indigenous Yup’ik and Dena’ina, two of the planet’s last salmon-based subsistence cultures, rely on these fisheries for food and these salmon runs are integral to their culture. Pacific salmon are already facing very real threats from climate change throughout their ranges. Protecting the productive waters of Bristol Bay is critical for maintaining their unique populations and their resilience to climate change as temperatures rise and hydrology changes. The habitat disturbance created by the Pebble Mine would erode that resilience, threatening the salmon populations and everyone who depends on them. AFS has long expressed concerns about the development of a mine in Bristol Bay. Today’s veto closes a chapter in the long-struggle to preserve an extraordinary fishery of global significance. “Salmon across the nation are sliding towards extinction due to pollution, habitat loss, and warming waters, yet Bristol Bay is one of the few places where salmon continue to thrive,” said AFS Executive Director, Douglas Austen, Ph.D. “EPA’s decision to use its Clean Water Act authority to preserve the last healthy wild salmon runs in the country and their untouched habitat is the right decision.” ### Editor’s Notes: Founded in 1870, the American Fisheries Society (AFS) is the world’s oldest and largest fisheries science society. The mission of AFS is 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. With five journals and numerous books and conferences, AFS is the leading source of fisheries science and management information in North America and around the world.

January 31, 2023 No Comments

Infrastructure

Conservation and science organizations call for implementation improvements for infrastructure funding

December 6, 2022 The Honorable Pete Buttigieg Secretary U.S. Department of Transportation 1200 New Jersey Ave. Washington, DC 20590 Dear Secretary Buttigieg: On behalf of our millions of members and supporters, the undersigned hunting, fishing, and conservation organizations, scientific societies, and businesses contributing to the $862 billion outdoor recreation economy write to express our continued commitment to working closely with the U.S. Department of Transportation (DOT) and the Federal Highway Administration (FHWA) on implementation of the landmark Infrastructure Investment and Jobs Act (IIJA)/Bipartisan Infrastructure Law (BIL). As the Department and FHWA move forward with implementation of the Surface Transportation Reauthorization Act, we are pleased to see momentum building on key provisions supported by our community including the National Culvert Removal, Replacement, and Restoration Grant Program; the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Discretionary Grants Program; and the Wildlife Crossings Safety Pilot Program. Our organizations worked closely with the Biden-Harris Administration and Congressional leaders on the foundational structure and purpose of these provisions and now turn, along with the administration, toward on-the-ground successful implementation. Firstly, we write to thank the Department and FHWA for issuing a notice of funding opportunity (NOFO) for the National Culvert Removal, Replacement, and Restoration Grant Program. We admire FHWA’s focus on delivering a program that meets the standards set forth in recent Presidential Executive Orders focusing on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (EO 12898) and Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (EO 14008). We were also pleased to see your interest in coordinating with other federal fish passage and conservation grant programs. While we recognize the intent to achieve these objectives, we have concerns with other elements of the NOFO. In our opinion, the criteria in Section B – Federal Award Information, and Section C – Eligibility Information, precludes the program from successfully achieving the aforementioned standards in on-the-ground project implementation. Specifically, Section B states that “Grant awards are administered on a reimbursement basis. Culvert AOP Program funds will reimburse recipients only for reasonable and authorized costs incurred and for work performed after a grant agreement has been executed, allowable expenses are incurred, and valid requests for reimbursement are submitted.” We were alerted to this potential funding strategy early in the NOFO development and immediately initiated conversations with project partners throughout the country, with a focus on the Pacific Northwest, to determine if this reimbursement requirement would preclude them from pursuing this funding opportunity. We heard unequivocally, particularly from Tribal and rural community partners, that this criteria effectively eliminates their ability to pursue funding from this Program. A majority of the communities where our organizations work are historically resource-dependent, capacity-limited communities that have been identified as disadvantaged by the Climate and Economic Justice Screening Tool and have a ‘moderate to high’ or ‘high’ level of vulnerability according to the CDC Social Vulnerability Index. The majority of potential eligible applicants from Tribes or units of local governments within these geographies simply do not have sufficient upfront funding to implement these projects on a reimbursable basis. Numerous other federal agencies recognize this dilemma, and as such, implement grant programs to ensure that historically underfunded communities can access critically important federal funds. We have serious concerns with DOT/FHWA opting not to follow tried and true federal funding disbursement methods, particularly in light of the aforementioned Executive Orders to address equity and barriers to opportunity in the disbursement of federal funds. We recognize that DOT/FHWA indicated potential for an alternative funding mechanism in the NOFO: “At DOT’s sole discretion alternative funding arrangements may be considered on a case-by-case basis.” However, by not clearly identifying the path that applicants must take to determine eligibility for this alternative, DOT is placing the burden on capacity strapped entities (such as rural counties and Tribes) to dedicate limited staff time to develop grants with no knowledge of whether they meet the criteria for an undefined alternative funding mechanism. Instead, we propose at least 50% of funding available in the 2022 NOFO be administered via grantmaking, using implementation methods proven effective by other federal agencies like the USFWS and NOAA. In successive years, to eliminate barriers to entry, we encourage that all projects be funded via grantmaking. We also encourage DOT/FHWA to explore opportunities for expeditiously moving this funding toward on-the-ground projects including cooperative agreements with entities such as the National Fish and Wildlife Foundation. Further, given the capacity challenges that many rural local government and Tribal partners face, we also see implications to the success of the program under Section C of the current NOFO language: Section C – Elegibility Information Eligible Applicants are: (1) States; (2) a unit of local governments; or an (3) Indian Tribe. DOT expects that the Eligible Applicant that submits the application will administer and deliver the project. Numerous other federal funding programs allow for the pass through of funds, to enable entities such as conservation non-profits not under the same capacity limitations and often times with increased access to private philanthropic match funding, to contract with the eligible applicant to perform the on-the-ground project implementation and management duties. If the expectation of DOT is that the applicant must administer and implement the project directly, your solicitation will only secure project applications from large, well-staffed entities and fail to deliver projects in more rural, capacity-limited geographies. If that is not the intent of the NOFO, and funding can be passed through to alternative implementation entities, we recommend that an amended NOFO with corrected language be released including consideration for both recommendations above – 1) at least 50% of funding available in the 2022 NOFO be administered via grantmaking, using approved implementation methods proven effective by other federal agencies like the USFWS and NOAA; and 2) the NOFO provide clear indication that the pass through of funds from eligible entities is permitted. Our intent is to share our knowledge of on-the-ground habitat restoration project implementation so that DOT/FHWA is well informed about

January 20, 2023 No Comments

Announcements

Webinar: LACFC Preview

Upcoming Webinar: Latin America and Caribbean Fisheries Congress Preview The Latin America and Caribbean Fisheries Congress Chairs will be joining us for two webinars to preview the conference! One session will be in English and one will be in Spanish. ESPAÑOL: 12 January 2022 5 pm Eastern Time Register for Spanish webinar ENGLISH: 19 January 2022 5 pm Eastern Time Register for English webinar LACFC Chairs: Miguel Garcia-Bermudez AFS First Vice President U.S. Fish and Wildlife Service Felipe Amezcua Universidad Nacional Autonoma de Mexico Norman Mercado Silva Universidad Autónoma del Estado de Morelos Ramon Martin U.S. Fish and Wildlife Service, Everglades Restoration Program, Florida Ecological Services Field Office

January 5, 2023 No Comments

Infrastructure

Conservation Groups Urge NOAA to Invest in Restoration and Protection of Marine and Coastal Habitats for Climate Resilience

December 21, 2022 The Honorable Gina Raimondo Secretary Department of Commerce 1401 Constitution Avenue, NW Washington, DC 20230 The Honorable Brenda Mallory Chair Council on Environmental Quality 730 Jackson Place NW Washington, DC 20503 The Honorable Rick Spinrad Administrator National Oceanic and Atmospheric Administration 1315 East West Highway Silver Spring, MD 20910 The Honorable Shalanda Young Director Office of Management and Budget 725 17th Street NW Washington DC 20503 Dear Secretary Raimondo, Administrator Spinrad, Chair Mallory, and Director Young: The undersigned conservation organizations, scientific societies, and businesses, representing hundreds of thousands of stakeholders focused on improving and restoring coastal habitats in the face of accelerating climate change, are writing to urge you to commit the $2.6 billion of Inflation Reduction Act (IRA) “Investing in Coastal Communities and Climate Resilience” funding for the National Oceanic and Atmospheric Administration (NOAA) toward efforts to conserve, restore, and protect coastal and marine habitats to increase climate resilience and sustainability of coastal and marine resource-dependent communities. We share the goals of the Inflation Reduction Act—to build a sustainable future and better the lives of hardworking Americans. This funding can support ongoing efforts by NOAA to address the needs of coastal communities. Coastal counties in the U.S. are home to over 128 million people, or almost 40 percent of the nation’s population. The lives and livelihoods of these communities will be at even greater risk as climate change exacerbates the effects of storms, flooding, and erosion. Specifically, we urge NOAA to prioritize these IRA funds toward on-the-ground, nature-based solutions to address community climate adaptation needs like storm surges and flooding as well as coastal restoration work to invest in improving ecosystem function and health. Natural infrastructure and restoration projects, especially those that also provide benefits to fish and wildlife, should be a primary funding focus. Given the amount of funding available, we recommend NOAA consider allocating these funds through sizable grants (larger than $25 million) that can be utilized to implement projects across large landscapes. NOAA should also consider utilizing its existing community-focused grant programs to put funding on the ground, and programs like the America the Beautiful Challenge managed by the National Fish and Wildlife Foundation. Finally, we strongly support NOAA prioritizing economically-disadvantaged communities and tribes for grant funding, including support for developing grant proposals, and encourage NOAA to broadly engage private sector expertise in ecological restoration, especially for larger, more complex projects. NOAA has received a monumental allocation of new resources during this Administration through the IRA and the Bipartisan Infrastructure Law. This historic appropriation included in the IRA is a crucial opportunity for NOAA to support historically underfunded coastal and marine-resource dependent communities and tribes, while also addressing climate resiliency needs at larger scales. We support these efforts and stand ready to help NOAA with this groundbreaking funding opportunity. Please don’t hesitate to contact us with any questions, we look forward to working with you. Sincerely, American Fisheries Society American Fly Fishing Trade Association Ducks Unlimited Ecological Restoration Business Association Land Trust Alliance National Wildlife Federation The Conservation Fund The Nature Conservancy Theodore Roosevelt Conservation Partnership Wild Salmon Center Wildlife Forever CC: Coastal Lawmakers

December 23, 2022 No Comments

Policy Letters

Businesses, Scientists, Conservation Groups, and Agencies Call for Passage of Recovering Americas Wildlife Act

December 5, 2022 The Honorable Chuck Schumer Majority Leader United States Senate The Honorable Mitch McConnell Minority Leader United States Senate The Honorable Nancy Pelosi Speaker of the House United States House of Representatives The Honorable Kevin McCarthy Minority Leader United States House of Representatives Dear Majority Leader Schumer, Minority Leader McConnell, Speaker Pelosi, and Minority Leader McCarthy, Our coalition of diverse organizations, businesses, professional societies, state fish and wildlife agencies, and tribal nations collectively represent millions of Americans. We are writing to respectfully request your support for passage of the Recovering America’s Wildlife Act (H.R.2773/S.2372) this year, including as part of a funding package. This bill was introduced by Sens. Heinrich (D-NM) and Blunt (R-MO) and Congresswoman Dingell (D-MI) respectively in the 117th Congress. Recent public polling demonstrates that more than 70 percent of Americans support this bill and less than 5 percent oppose. The Recovering America’s Wildlife Act would immediately address the biodiversity crisis by helping to recover and conserve species at risk by investing $1.3 billion annually for states and territories and $97.5 million for tribal nations for on-the-ground conservation projects. The legislation funds the implementation of congressionally mandated State Wildlife Action Plans, which outline specific, science -based conservation actions necessary to recover and sustain healthy fish and wildlife populations. Similarly, tribal nations will be able to expand successful conservation efforts on their lands, which provide vital habitat for hundreds of fish and wildlife species, including more than 500 species that are listed as threatened or endangered. It also will support much needed investments in continued economic growth and job creation in tribal communities. The Recovering America’s Wildlife Act would be the only federal conservation program that provides sustained funding to tribal nations and state fish and wildlife agencies for the proactive conservation of at-risk species. One-third of the fish and wildlife species in the United States are at risk of becoming threatened or endangered. The challenges facing our nation’s fish and wildlife are daunting, but this legislation provides a solution. The Recovering America’s Wildlife Act will provide state and territorial fish and wildlife agencies and tribal fish and wildlife managers with dependable, dedicated resources to address more than 12,000 species in need of proactive, voluntary conservation before a listing as endangered or threatened under the Endangered Species Act is warranted. This legislation represents a smart, future focused investment that will also strengthen the economy and create a significant number of jobs that help grow the $862 billion outdoor economy and bring support to key sectors such as agriculture and forestry – all while supporting the conservation of America’s fish, wildlife, and the habitats they depend on. This common-sense, fiscally responsible solution passed the House of Representatives with a bipartisan vote in June and has 42 bipartisan Senate cosponsors and was passed out of the Senate Committee on Environment and Public Works with a bipartisan vote in April. Now is the time to pass this widely supported transformational legislation. Taking measures to conserve species before they are on the brink of extinction and ensuring healthy populations will help save taxpayer dollars and prevent these species from needing costly “emergency room” measures under the Endangered Species Act – truly an ounce of prevention is worth a pound of cure. Rather than defaulting to regulation and litigation, this bill saves America’s imperiled wildlife through collaborative and constructive voluntary partnerships. This collaborative approach to conservation is good for wildlife, good for taxpayers, good for landowners, good for business and good for America. Further, this bill builds on the successful restoration track records of state fish and wildlife agencies which for more than eight decades have successfully managed game species. Congress passed the Pittman-Robertson Act in 1937 and the Dingell-Johnson Act in 1950 to restore iconic game species such as deer, elk, striped bass, and wild turkey. Passage of the Recovering America’s Wildlife Act would complete the safety net so state fish and wildlife agencies and tribes have resources to conserve all fish and wildlife species. This Congress can join the legacy of the 75th and 81st Congress’s to ensure our nation’s rich fish and wildlife legacy is sustained for future generations. Over 100 million Americans participate in some form of wildlife recreation. Increasingly, Americans from all walks of life have turned to the outdoors and nature to improve physical and mental well-being. Creating thousands of jobs immediately, restoring natural resources infrastructure, increasing access to the outdoors, and reducing long-term costs through enactment of the Recovering America’s Wildlife Act will unify Americans and elected officials that represent diverse constituencies. Thank you for your consideration of our request to support passage of the Recovering America’s Wildlife Act this year. We thank you for your support of America’s fish and wildlife and look forward to working with you to enact this groundbreaking legislation. Sincerely, ABQ BioPark Acorn Studio, Inc. Alabama Ornithological Society Allamakee County Protectors ~ Education Campaign American Eagle Foundation American Fisheries Society American Fisheries Society – Fisheries Administration Section American Fisheries Society Sacramento-Davis Student Subunit American Fisheries Society, Ball State University Student Subunit American Fly-Fishing Trade Association American Forests American Hunting Dog Club, Inc. American Sportfishing Association American Woodcock Society Appalachian Mountain Club Aquarium of Niagara Aquashicola/ Pohopoco Watershed Conservancy Aqua-Terra Environmental Ltd. Archery Trade Association Arizona Chapter of The Wildlife Society Arizona Sportsmen for Wildlife Conservation Arizona-Sonora Desert Museum Arkansas Chapter American Fisheries Society Arkansas Chapter of Backcountry Hunters & Anglers Arkansas Chapter of The Wildlife Society Aspetuck Land Trust Association of Fish & Wildlife Agencies Atlantic States Marine Fisheries Commission Audubon Mid-Atlantic Audubon Society Mahoning Valley Audubon Society of Portland Audubon Texas Audubon Vermont Ausbon Sargent Land Preservation Trust Austin Science Advocates Backcountry Hunters & Anglers Backcountry Hunters & Anglers – California Chapter Barry Conservation District Bartlett Tree Experts Bass Pro Shops Bassdozer Worldwide Bass Fishing LLC Bat Conservation International Baton Rouge Zoo Foundation Bayou Land Conservancy Bear-Paw Regional Greenways Belltown Sportsmen’s Club, Inc. Bergen County Zoo BGSU American Fisheries Society Student Subunit Big Thicket Natural Heritage Trust

December 8, 2022 No Comments

Infrastructure

Fish Passage Implementation Under Bipartisan Infrastructure Law Requires Commitment to Agency Coordination

The Honorable Tracy Stone-Manning Director Bureau of Land Management The Honorable Camille Touton Commissioner Bureau of Reclamation The Honorable Stephanie Pollack Acting Administrator Federal Highway Administration The Honorable Michael Regan Administrator Environmental Protection Agency The Honorable Rick Spinrad Administrator National Oceanic and Atmospheric Administration The Honorable Mike Connor Assistant Secretary of the Army for Civil Works U.S. Army Corps of Engineers The Honorable Martha Williams Director U.S. Fish and Wildlife Service The Honorable Randy Moore Chief U.S. Forest Service Re: Federal Agency Coordination and Strategic Stakeholder Input regarding Fish Passage Funding in the Bipartisan Infrastructure Law Dear Director Stone-Manning, Commissioner Touton, Acting Administrator Pollack, Administrator Regan, Administrator Spinrad, Assistant Secretary Connor, Director Williams, and Chief Moore: The undersigned hunting, fishing, wildlife conservation, landowner organizations, and scientific societies are writing to urge a sustained and high-level commitment to a coordinated implementation of the historic federal investment in fish passage and aquatic connectivity provided in the Bipartisan Infrastructure Law (BIL) to ensure the greatest benefit to our nation’s fish, rivers, streams, and communities. We appreciate the leadership of the U.S. Fish and Wildlife Service in convening federal agencies and stakeholders to chart a path forward for the coordinated and efficient use of the approximately $2 billion in BIL funding for aquatic connectivity. Freshwater fish, like brook trout, need access to upstream habitat to spawn, access food, and escape predators. Anadromous fish, like salmon and steelhead, migrate upstream as adults to spawn while juvenile fish must travel back downstream to the ocean to feed. Throughout the U.S., fish habitat is fragmented by culverts, dams, and other water control structures leading to declining fish populations, Endangered Species listings, and lost recreational, subsistence, and commercial fishing opportunities. Restoring aquatic connectivity at the watershed-level creates thriving fish populations, builds resilience, and allows access to cooler habitats as streams warm in the face of climate change. Partners across the nation, including many of the signatories here, are undertaking restoration projects for fish with significant co-benefits for communities including reducing and mitigating flood damage, improving water quality, and providing recreational opportunities leading to thriving local economies. We urge a sustained commitment at both the agency leadership and staff levels to develop a shared strategic vision for achieving watershed-level connectivity through BIL aquatic connectivity funding and an efficient process for implementation. We also urge you to develop a robust stakeholder engagement process to ensure that the greatest conservation and community benefit will result from this investment. A patchwork approach to spending this funding is unlikely to organically yield the watershed-level connectivity that is needed to address the scope of this nation-wide challenge for fish and aquatic organisms and to ensure these projects result in the greatest benefits for communities. Further, a lack of coordination in engineering review and permitting processes across agencies will significantly delay on-the-ground project implementation. A well-coordinated multi-agency design and permitting process will greatly accelerate the collective ability to realize transformational gains from this once-in-a-generation funding opportunity. We recognize that this cross-agency coordination to implement funding will require a great deal of work and ingenuity. We stand ready to provide support as you move forward. Thank you for your consideration. Sincerely, American Fisheries Society American Fly Fishing Trade Association American Sportfishing Association Association of Fish and Wildlife Agencies Bass Anglers Sportsman Society (B.A.S.S.) Bonefish & Tarpon Trust Camp Fire Club of America Congressional Sportsmen’s Foundation Delta Waterfowl Ducks Unlimited Fly Fishers International National Wildlife Federation North American Falconers Association Orion: The Hunter’s Institute Public Lands Foundation The Nature Conservancy The Wildlife Society Theodore Roosevelt Conservation Partnership Trout Unlimited Whitetails Unlimited Wild Salmon Center Wildlife Forever Wildlife Mississippi

December 7, 2022 No Comments

Policy Letters

Conservation and Sporting Organizations Call for Passage of the Recovering America’s Wildlife Act

November 30, 2022 The Honorable Chuck Schumer Majority Leader United States Senate The Honorable Mitch McConnell Minority Leader United States Senate The Honorable Nancy Pelosi Speaker of the House United States House of Representatives The Honorable Kevin McCarthy Minority Leader United States House of Representatives Dear Majority Leader Schumer, Minority Leader McConnell, Speaker Pelosi, and Minority Leader McCarthy, On behalf of the millions of hunters, anglers, recreational target shooters, boaters, professional scientists, and outdoor enthusiasts our organizations represent, we write to strongly urge immediate passage of the bipartisan Recovering America’s Wildlife Act (H.R. 2773/S. 2372), including as part of a potential comprehensive government funding bill. For nearly a century, America’s sportsmen and women have been our nation’s leading conservationists and have maintained unmatched forethought to the health of our nation’s fish, wildlife, and other natural resources. Through the enactment of the Pittman-Robertson Act of 1937 and Dingell-Johnson Act of 1950, the two most important fish and wildlife conservation programs in the country, sportsmen and women have continuously led the way for conservation. These programs, which are funded on the backs of the very industries and individuals we represent, generated approximately $1.5 billion for state-based funding in FY22. It is through Pittman-Robertson and Dingell-Johnson that iconic species like elk, wild turkey, white-tailed deer, striped bass, and waterfowl that were once on the brink, are now thriving. Unfortunately, today, we face a new wildlife crisis; one in which the magnitude of the solution must match the magnitude of the challenge. Conservation efforts are at a critical point, with more than one-third of American species at-risk and in need of proactive recovery. State Wildlife Action Plans, developed with the best available science in collaboration with federal, local and tribal agencies, have collectively identified more than 12,000 “Species of Greatest Conservation Need”. These plans include species cherished by many of us such as Northern bobwhite quail, monarch butterflies, artic graying, brook trout, big horn sheep, songbirds, many waterfowl species, and nearly 12,000 other fish and wildlife identified as Species of Greatest Conservation Need. That is why we write today urging passage of the Recovering America’s Wildlife Act. H.R. 2773/S. 2372 would provide the necessary funding to implement the congressionally mandated, but severely underfunded, State Wildlife Action Plans, as well as critical Tribal and Territorial wildlife conservation programs, conserving wildlife populations before they become threatened or endangered, while helping to recover those that already are. By ensuring passage of the Recovering America’s Wildlife Act, this Congress will ensure that our fish, wildlife and outdoor recreation traditions and their associated national economic benefits will endure for the benefit of future generations. The Recovering America’s Wildlife Act represents an historic opportunity to simultaneously benefit wildlife, conservation, sportsmen and women, the economy and taxpayers. Earlier this year, Recovering America’s Wildlife Act received a successful, bipartisan vote to pass the House in June, where it has the support of 194 bipartisan cosponsors. In the Senate, S. 2372 has the support of 42 bipartisan cosponsors, and passed the Environment and Public Works Committee on a strong bipartisan vote of 15-5. The House floor vote and the Senate Committee vote demonstrate the wide-spread support for H.R. 2773/S. 2372. Given the robust showing of support in both chambers and the urgency of the biodiversity crisis, now is the time to pass Recovering America’s Wildlife Act. The collaborative, non-regulatory approach of this bill will empower conservation for the full diversity of American’s wildlife as well as critical natural resources. Failure to fund these conservation efforts will not only endanger many more at-risk species, but threaten the local, state, and federal economies bolstered by the $862 billion outdoor industry, which employs 4.5 million Americans. We urge you to pass this high priority legislation for fish, wildlife, and sportsmen and sportswomen before the 117th Congress adjourns. We thank you for your support for conservation. Sincerely, American Catfishing Association American Fisheries Society American Sportfishing Association American Woodcock Society Archery Trade Association Association of Fish & Wildlife Agencies Backcountry Hunters & Anglers Bass Anglers Sportsman Society (B.A.S.S.) Bear Trust International Bonefish & Tarpon Trust Boone and Crockett Club California Waterfowl Association Camp Fire Club of America Catch-A-Dream Foundation Coastal Conservation Association Congressional Sportsmen’s Foundation Council to Advance Hunting and the Shooting Sports Dallas Safari Club Delta Waterfowl Ducks Unlimited Guy Harvey Ocean Foundation Houston Safari Club International Game Fish Association Izaak Walton League of America Major League Fishing Marine Retailers Association of the Americas Masters of Foxhounds Association Mule Deer Foundation National Association of Forest Service Retirees National Bobwhite & Grassland Initiative National Deer Association National Professional Anglers Association National Shooting Sports Foundation National Wild Turkey Federation National Wildlife Federation North American Falconers Association North American Grouse Partnership Orion: The Hunter’s Institute Pheasants Forever Pope & Young Club Quail Forever Rocky Mountain Elk Foundation Ruffed Grouse Society Safari Club International Sportsmen’s Alliance Texas Wildlife Association The Bass Federation The Conservation Fund The Walleye Federation The Wildlife Society Theodore Roosevelt Conservation Partnership Trout Unlimited Whitetails Unlimited Wild Sheep Foundation Wildlife Forever Wildlife Management Institute Wildlife Mississippi

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