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I hope anyone proposing to lay oil pipelines along the Lake Michigan lakebed remember that there are 100,000 live rounds of unexploded ordnance sitting off of Fort Sheridan near Chicago.
Steven Pollack

Dave Dempsey <davedem@hotmail.com> wrote:
July 18, 2006

Contact: Dave Dempsey, 517-402-1148, davedem@hotmail.com
Chris Shafer, 517-371-5140, shaferc@cooley.edu


A panel funded by the Great Lakes Fishery Commission (GLFC) has submitted a
report recommending steps to assure protection of vital Great Lakes aquatic
habitat from disruptions caused by a growing number of proposed energy
projects. The panel noted proposals for offshore wind projects in the Great
Lakes as well as a history of cooling water intake structures, oil and gas
pipelines, and electric cables. The Great Lakes Fishery Commission is now
reviewing the report.

The panel said interest in crossing the beds of the Great Lakes with
pipelines and in installing wind turbines in the beds of the Lakes, in
addition to other proposed lakebed alterations, raises important questions
about protection of aquatic habitat that should be addressed through
revisions in state and provincial policies.

?Serving the public interest will require a careful balancing of the public
benefits of these projects against the possible impact on aquatic habitat,?
said Chris Shafer, a panel member and professor at Cooley Law School. ?We
think it would be prudent for the states and Ontario to put siting criteria
and policies in place before there is a rush of new offshore wind

The report is based on a 14-month review by the panel, including a workshop
the panel held in Ann Arbor, MI in September 2005 during which participants
identified issues of concern and offered suggestions on proposed guidelines
to protect aquatic habitat.

A legal review undertaken as part of the project found that the
jurisdictions have most if not all of the legal authority they need to
assure habitat protection and should exercise that authority by delineating
policies that:

· Identify and map areas that should be protected from any significant
lakebed alterations, due to the sensitivity of their biological, physical,
archaeological, or other values, and designate them for legal protection;
· Promote the siting of alteration projects in areas that can tolerate such
· Prevent, or, where necessary, minimize or mitigate degradation of aquatic
habitat for fish and other aquatic organisms from proposed uses;
· Prevent or, where necessary, minimize or mitigate adverse impacts to water
dependent birds, and other wildlife from proposed uses;
· Prohibit uses of the lakebed that are not water dependent;
· Require a demonstration of clear and substantial public benefit, including
but not limited to environmental benefit, before authorizing such uses;
· Apply or enact mechanisms to collect fair market value for the use of
bottomlands to assure the public is compensated for lakebed alterations,
including lease costs;
· Require long-term ecological monitoring paid for by those who undertake
projects that alter lakebed habitat, and provide for adjustment or
disapproval of projects that impair the trust values of bottomlands.

Panel members include: Dave Dempsey, former member (1994-2001), Great Lakes
Fishery Commission (U.S.), Saint Paul, Minnesota; Dr. John Gannon, Senior
Scientist, International Joint Commission, Windsor, Ontario, Canada; Chris
Shafer, Professor, Cooley Law School, Lansing, Michigan; Steven Ugoretz,
Wisconsin Department of Natural Resources.

A copy of the panel?s report is available on line at:


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