[Dirtmail] Fw: Article on Wisconsin WNS management rules
J. LaRue Thomas
jlrbills at sonoratx.net
Tue Nov 23 05:27:40 CST 2010
Article on Wisconsin WNS management rulesAll,
Apologies if I have already forwarded this--memory says I did but "sent items" says not.
Note the deadline for comments, Monday Nov. 29th. I know this is an extensive communication but this is a pretty odd response to WNS (by the Wisconsin Natural Resources people) and deserving of comment. Jacqui
----- Original Message -----
From: John Lovaas
To: jlrbills at sonoratx.net ; caver at caver.net
Sent: Sunday, November 21, 2010 1:40 PM
Subject: Article on Wisconsin WNS management rules
Jacqui and Bill-
I was wondering if you would be able to coordinate an 'email blast' of this article to your grotto members in the next
day or two. I've been working on many ways to get more people to write letters to the WI DNR regarding their emergency WNS management plan, as well as to the members of the WI Natural Resources Board- the appointed board that votes on all DNR rules. The deadline for written comments is Monday, Nov. 29.
One way is to contact each NSS Grotto's primary contacts.
The article below outlines the 3 emergency orders introduced by the WIDNR in September and October, and how they negatively impact bats and caves, and do little or nothing to manage bats or the disease. One of the tasks in the plan is the removal of bats from caves to create "recreational caves"- caves without bats are a WIDNR management option in managing the hypothetical human-bat vector.
They've been engaged in bat exclusion and removal work in two northeast WI caves so far; bats in one cave were being removed as late as November 9, and placed in coolers in Madison. One commercial cave owner has been asked by WIDNR to develop a bat removal and exclusion plan for the 2011-2012 season- a cave with an average(over 17 years) winter population of 300 bats.
The plans, as written, allow landowners to choose whether to exclude bat or people from hibernacula. I don't believe any responsible caver would consider any kind of cave bat exclusion or removal to be an appropriate management tool.
The Minnesota Speleological Survey set up a small website outlining some of the issues:
http://www.mss-caving.org/Savethebats.htm
Thanks,
John Lovaas
NSS 39799
Chair, the Save The Bats Fund of the Minnesota Speleological Survey
**********************************************************************************
>From the November 2010 Minnesota Speleological Survey newsletter.
IMPORTANT WNS UPDATE (I know this is really long. Please read it-it is important!)
If you haven't been hiding under a rock since the last meeting, you are probably aware that the MSS, the NSS, BCI, the NCA, and many cavers have been closely following the actions of the Wisconsin DNR and Natural Resources Board because of Emergency Rules that were recently passed. Cavers, conservationists, scientists, and bat experts largely agree that the policies enacted by these rules do not, in fact protect bats from WNS and may actually be detrimental to the population.
Many of you participated in a letter writing campaign last month to prevent the passage of an additional Emergency Rule that outlined the DNR's (largely flawed) proposals to prevent the spread of WNS in Wisconsin. So what is actually going on here? In the interest of clearing up some confusion and to make sure everyone is up to date on our club's activities, here is a timeline highlighting the major events over the last two months.
Most MSS members first became aware of the story when Dawn Ryan posted a link to an article in the WI State Journal
(http://host.madison.com/wsj/news/local/environment/article_fa491b50-c432-11df-8d19-001cc4c03286.html)
that very briefly outlined the proposal to list WI cave bats as endangered species on September 21st. The reaction on the M-list was a little flutter of outrage, and the NSS WNS liaison write the WI DNR a letter asking them to wait for a public comment period, but most MSS members (myself included) failed to realize that the type of action the DNR proposed meant they could simply put the Emergency Rules into effect with very little public notice or comment period.
By about September 28th, many members had had an opportunity to actually read the proposed emergency orders, and were starting to get nervous about what the proposed Emergency Rules involved. Again, there was a lot of noise on the M-list, but very little action. However, a few people who were concerned about the proposal were semi-organizing and noticing some disturbing trends: Items were being added to NRB meeting agendas after the period for public comment had ended, dates for meetings and public hearings were changing, and the "stakeholders" who allegedly were being represented by the proposals had not been contacted.
Also, people were listening to the audio John Lovaas recorded from the Sept 21st meeting (you can download the 15MB .mp3 file of the 67 minute portion of the meeting covering these two items at:
http://www.caves.org/grotto/wss/audio/sept3b12_3b13.mp3 ).
They are discussing the original agenda action items 3.B.12 & 13:
1. Request adoption of Emergency Board Order ER-37-10(E) and request authorization for public hearing on Board Order ER-35-10,
<http://dnr.wi.gov/org/nrboard/2010/September/09-10-3B12.pdf>
revisions to NR Ch. 27, addition of Wisconsin cave bats to the threatened species list (Erin Crain, Ecological Inventory and Monitoring Section Chief, and Dave Redell, Bat Biologist, 45 minutes), and
2. Request adoption of Emergency Board Order IS-42-10(E) and request authorization for public hearing on Board Order IS-41-10,
<http://dnr.wi.gov/org/nrboard/2010/September/09-10-3B13.pdf>
revisions to NR Ch. 40, addition of the fungus, Geomyces Destructans, as a prohibited invasive species (Erin Crain, Ecological Inventory and Monitoring Section Chief, and Dave Redell, Bat Biologist, 15 minutes)
After the meeting MSS members were increasingly concerned but still (erroneously) believed that there was time to lobby against these rules. However, this was not the case. By early October MSS members had began to form a sort of informal committee to distribute information about the proposals. Eric and Kristin McMaster also wrote an open letter to the board (which appeared on the M-list) asking them to take action against the WI legislation. At the October Board meeting, the board met with Gerda Nordquist to get an update on WNS science and decided to form an official MSS WNS committee. The first objective of the committee would be to organize opposition to the WI Emergency Rules, which we believed had not actually been put into effect at that time. The board voted unanimously to recognize the working group, consisting of Blaze and Jean Cunningham, Gabe Emerson, Kery Erickson, Eric and Kristin McMaster, and Dawn Ryan and John Lovaas as the MSS Save the Bats committee and appointed John Lovaas as the committee chair.
At the October MSS meeting, I spoke to the members present (with help from Eric and Jean) about the need to opposed the legislation because of its potential effects on bats and commercial and recreational caving. The committee asked for a donation of $1000.00 from the MSS General Fund for the MSS Save the Bats Legal Defense Fund, which would be used to provide funds for expert testimony and legal advice. The members present voted to donate the money, and many members also made personal donations. Within a short time the committee raised $2,975.00.
After the meeting, the committee members discussed ongoing events. At this point Jeannie indicated that she had spoken to a lawyer who advised here that the emergency rules had already been passed at the September 22nd Natural Resources Board meeting (without notifying any cave or mine owners that the rules were being considered) and were technically in effect. The public hearings (originally scheduled for late Oct, but which were rescheduled) were not to pass the Emergency Rule but to determine whether it should become permanent. A this point the committee determined they needed to bring in an expert, so John arranged to have Hazel Barton, Ph.D (a caver and bat expert from Kentucky) come to the public hearing on the 26.th You can hear WI DNR conservation biologists Gregor Schuurman and Rory Paloski giving an 'informational talk at the beginning of the October 26 hearings in Fitchburg, WI, along with Hazel Barton's questions for Gregor Schuurman at this link:
www.caves.org/grotto/wss/audio/schuurman_paloski_dnr_barton_qa10262010.mp3..
While we were drafting a response to the public hearings, the DNR added another Emergency Rule, regarding the management of bats, caves, and decontamination protocol and gave us approximately 72 hours to respond with public comments. A frantic letter writing campaign ensued; MSS, WSS, Iowa Grotto members, and cavers from around the country as well as NSS, NCA, and BCI representatives publicly disagreed with the proposed management plan. 300 letters were produced, and mailed or emailed to the WI DNR in about 2 days. These letters were considered by the Natural Resources Board before they decided on passing the management plan at their October 27th meeting, which occurred after the public hearing the previous day.
The MSS board and the Save the Bats Committee also prepared and sent an official statement to the WI DNR opposing the plan. The MSS Save the Bats Committee determined it was necessary to retain legal counsel, and selected William P.(Bill) O'Connor of Wheeler, Van Sickle & Anderson in Madison ( O'Connor has effectively opposed the DNR on other environmental issues in the past and has been used by other cave owners) to represent the club.
On October 27th, John Lovaas and Jeannie Cunningham attended the Natural Resources Board meeting that would determine whether the latest emergency rule was passed. After hearing their testimony and hearing from Bill O'Connor and considering the volume of letters received, the NRB did pass the Emergency Rule, but it added an amendment that reflected consideration for the MSS/Save the Bats position: Bats cannot be excluded from commercial caves for 45 days, which gives us some time to work on solutions with the DNR. The DNR will also be meeting more closely with stakeholders and tweaking their proposed decontamination protocols.
What's next: The DNR will be holding hearings for public comment on making the Emergency Rules permanent. It is very important that we write additional letters to the DNR protesting the plans and pointing out the BAD or NONEXISTANT science that these management plans are based on. In addition, anyone who can attend one of the 4 public meetings on November 29th should do so.
Letters make an impact, but politely outraged citizens attending meetings in person are hard to ignore. Things we want to emphasize: Humans are not the main vectors of WNS, and reducing bat-human interactions in commercial and recreational caves will not prevent bat-to-bat transmission of the disease, which is the main vector. And this is not just about commercial caves--excluding bats from any cave is not a good idea. It will not prevent bats from spreading WNS and will compromise the ability of healthy bats to survive. We need to make sure that the WI DNR and NRB are aware of existing research and management practices, including current National Park Service and U.S.F.W.S. show cave and recreational caving decontamination protocols. Additionally, we need to remind them of BCI's opposition to the plan. Demonstrating that there are many members of the public who recognize the vital role bats play in our ecosystem and want to protect these fantastic little creatures is essential. This is not just about caving and property rights (although that is part of the issue); it is about making the right decisions to help ensure the survival of a necessary part of our ecosystem.
You can view Wisconsin's proposed decontamination protocols at: http://dnr.wi.gov/org/land/er/bats/pdf/WNSdeconProtocols_26Oct10.pdf
You can also read the proposed management plan at: http://dnr.wi.gov/org/nrboard/2010/October/10-10-3B1.pdf
The latest WI DNR press release is at: http://dnr.wi.gov/news/DNRNews_Lookup.asp?id=248#art3.
The press release asks "everyone who is interested in the health of Wisconsin bats and the proposed rules to provide comments" and its purpose is to "be on both emergency and permanent rule proposals to list the [4 species of cave bats] as threatened species under § NR 27.03(3), Wis. Adm. Code and to list the white-nose syndrome fungus, (Geomyces destructans) as a prohibited invasive species in § NR 40.04(2), Wis. Adm. Code. The third proposed rule adds provisions to NR 40.04 and 40.07 relating to early detection and prevention of the spread of the disease due to human activities, including the decontamination of clothes and equipment that have been used in mines or caves, and limited access of bats or people to caves or mines".
It also explains that "The State Natural Resources Board at its On October 27 meeting adopted each of the three rules as the emergency orders, meaning that the provisions generally go into effect while the permanent rule is being developed (emphaisis added).The board did amend the rule on decontamination requirements and the authority to restrict access to caves or mines to either humans or bats as applied to commercial caves or mines to begin 45 days after the effective date of the rule order."
The hearings on the rules will be held on video conference on November 29 beginning at 11 a.m. You can participate at
. Green Bay - Green Bay State Office Building, Room 618, 200 North Jefferson St.
. Madison - The Pyle Center, Room 315, 702 Langdon St.
. Eau Claire - Division of State Facilities, Eau Claire State Office Building, Room 139, 718 W Clairemont Ave.
. Wausau - UW Marathon County, Room 218, 518 S. 7th Ave.
Please consider coming to testify in person. They say that the letters are given equal weight, but it is hard to ignore the physical presence of so many people that are concerned enough to actually show up! In addition, we are asking members to continue with the letter writing campaign. Letters should be addressed to:
Stacy Rowe
DNR Bureau of Endangered Resources
PO Box 7921,
Madison, WI 53707
or by email to stacy.rowe at wisconsin.gov.
Comments may be submitted until November 26th, 2010. We are commenting on all 3 emergency orders at this time--the listed bat order, the Geomyces invasive order, and the management order.
Please remember to include some vital information on your letters:
1. Your Name
2. Representing self or organization(only one person can speak on behalf of an organization at the public hearings)
3. Topic or agenda item number and whether you support or oppose it
4. City of Residence
5. Phone Number
6. Email or mailing address (to receive confirmation of your appearance or receive a reply to your written comment)
In addition, there are many other people within the WI DNR that you can send letters in an attempt to make them aware of the issues. Here is a list of other potential recipients (you can simply email them similar versions or the same version of your letter):
Matthew J. Frank- Secretary of Natural Resources:
DNR.Secretary.Frank at wisconsin.gov
Laurie Osterndorf- Administrator, Land Division:
Laurie.Osterndorf at Wisconsin.gov
Erin Crain- Section Chief, Ecological Inventory And Monitoring:
Erin.Crain at Wisconsin.gov
Gregor Schuurman, Conservation Biologist: gregor.schuurman at wisconsin.gov
Rory Paloski, Conservation Biologist: rori.paloski at wisconsin.gov
David Redell, Bat Biologist: david.redell at wisconsin.gov
John "Paul" White, Bat and Mussel Biologist: john.white at wisconsin.gov
Jennifer Schehr, Cave and Mine Hibernaculum Specialist: jennifer.schehr at wisconsin.gov
Here is all of the of Natural Resources Board info we have at the moment:
Jonathan P. Ela, Chair
Conservationist, retired from the Sierra Club.
2130 Chamberlain Avenue
Madison WI 53726
DNRNRBChair at wisconsin.gov
(608) 516-4328
John W. Welter, Vice-Chair
Attorney
2211 Frona Place
Eau Claire, WI 54701
jwelter at ameritech.net
(715) 833-7028
David Clausen, Secretary
Veterinarian
1265 58th Avenue
Amery, WI 54001
(715) 268-8131
Preston D. Cole
Director of Operations, City of Milwaukee Department of Public Works,
Commissioner's Office
841 N. Broadway, Rm. 501
Milwaukee, WI 53202
(414) 286-3671
Gary E. Rohde
Former Secretary of the Department of Agriculture, Trade and Consumer Protection and former Dean of the College of Agriculture, Food and Environmental Sciences,
UW-River Falls
N8190 1015th Street
River Falls, WI 54022
715-425-0495
Christine L. Thomas
Dean and professor of resource management at the University of Wisconsin-Stevens Point College of Natural Resources
UW Stevens Point
Stevens Point WI 54481
cthomas at uwsp.edu
(715) 346-4185
Jane Wiley
Community conservation activist, retired from the Department of Public Instruction
2400 Park Rd
Wausau WI 54401
(715) 359-2475
Things to note for your letters: letters going out to the DNR management and staff, and the NRB members should be EXTRA polite and educational... we are going outside of their "comfort zone", so we want to impress them- not scare them! ;-)
Letters to the editor, etc. and getting the media involved are key at this time to catch the eye of potential stakeholders. It's pretty easy, via Google News, to locate Midwest papers that have reported on the DNR proposals. We can craft specific replies to anything we see online, and email/mail them in as letters to the editor, and also post in the comments section- which is usually free, as long as one registers.
Some points to address:
1. Temporary closures to assess WNS or prevent contamination might be warranted for some caves, but all caves do not face an equal threat from WNS. Excluding bats from caves or mines should not be considered. Bats are important to the terrestrial ecology of caves, but cave management that only considers bats is too narrow in scope. Excluding bats from caves can doom the rest of the ecosystem and will kill the bats. Caves and mines that are not hibernaculum will not be affected by WNS and should not be subject to regulation.
2. Excluding bats and closing caves and mines to researchers will be detrimental to caves and mines and their ecosystems in the long run. Bats are only one part of the karst ecology (i.e., terrestrial), and continuing studies and surveys of cave systems will be beneficial as they aid our understanding of what land uses impact the cave streams, regional water quality, and the stygobite (aquatic) ecology of our caves. Scientists are currently studying extremophiles in many mines, and discontinuing research or deliberately altering the mine ecosystem by excluding bats could destroy opportunities for important scientific discoveries.
3. Cavers are the primary means by which caves on public and private lands get documented; state and federal agencies simply do not have the budget or personnel to document the extensive cave resources of the midwest. Cavers are frequently also scientists with connections to some of the most cutting-edge research in the field of cave and karst ecology. Ignoring their input and not allowing these stakeholders to review policy decisions and provide information to DNR personnel wastes taxpayer dollars and perpetuates bad management decisions. Thus, inadequate communication with stakeholders such as cavers and cave owners will be detrimental to new discovery, documentation, and management of caves.
4. Land management agencies need to rely on objective, scientific data in their decision-making about cave management. Are populations of affected bats changing in Wisconsin? We need species specific data on affected bat populations. If the overall population of an affected species does not significantly decrease, then it isn't a major problem for that species and we could better manage caves based on the species known to inhabit them.
5. The epidemiology of WNS is unknown. We have no idea if WNS will actually appear within the entire range of the bat species known to be affected. In other words, a gray bat in Vermont with an infection from Geomyces Destructans (GD) may develop WNS while a gray bat in Missouri may not. Thus, the presence of GD DNA on or in the bats of Wisconsin (which has not yet occurred) does not equal manifestation of the disease.
6. No objective evidence has been presented regarding the impacts of WNS on bats in general and in Wisconsin specifically. Here are our issues with the WI DNR's science:
A. Studies have confirmed the presence of the fungus on dead or dying bats but have not conclusively proven G. destructans is the cause of bat mortality or if it is symptom associated with another pathogen.
B. Despite their assertion that humans are the main vectors of the disease, the WI DNR has not demonstrated G. destructans spread by humans and gear: They claim that the presence of G. destructans on bats in TN and OK proves it is transmitted by humans, but were not aware that caves the infected bats were discovered at were gated to prevent human access!
You can listen to WIDNR conservation biologist Dr. Gregor Schuurman discuss this in an Oct. 26 Powerpoint presentation; Dr. Hazel Barton asks several followup questions at the end:
http://www.caves.org/grotto/wss/audio/schuurman_paloski_dnr_barton_qa10262010.mp3
A. Many bat biologists point to the accounts of cavers travelling from New York to West Virginia, and the subsequent occurrence of WNS at that cave, as evidence" or "proof" of human transmission, but it's merely one anecdotal account, neither proof or evidence.
In the meantime, bats are relocating very nicely courtesy of our transportation systems; the study "Geographic Translocation of Bats: Known and Potential Problems" (2003) by Denny G. Constantine (follow link to view):
http://www.cdc.gov/ncidod/eid/vol9no1/02-0104.htm
demonstrates how easily bats (including infected bats) can by moved by human freight/transportation systems. The "evidence" of human translocation of Gd is based on a single account of humans travelling between infected and previously uninfected caves (and was the human transfer successful?- we don't know), whereas there is lots of documentation on human translocation of bats.
C. The WI DNR is also misrepresenting studies about the presence of G. destructans in cave soils and assert that bats are catching the disease from soils, yet it is frequently only found on bats, living or dead, and not necessarily in the soils of caves with infected bats. This assertion is probably linked to their insistence that people are going to spread WNS through shoes on commercial tours.
Please remember to (politely) point out that a blind rush to action is not good management!!
Committee members, MSS members, cavers, and members of conservation organizations have already donated hundreds, if not thousands of hours of work to this issue. Additionally, we have currently spent about $5,700 on legal fees and expert testimony (some of which was paid for by committee members). Cave of the Mounds and the NCA may be helping out with additional funding, and we have applied for an NSS Save the Caves grant, but funding is going to become an issue very soon, especially if it remains necessary to seek ongoing legal counsel. Anyone who wished to contribute may send donations to
MSS Save the Bats Legal Defense Fund
C/O Kandy Olson
219 N Garden St
Lake City MN 55041.
If you have any other suggestions or know of additional funding sources, please let us know. To contact the MSS Save the Bats committee you can email the chair at jlovaas at mc.net
NOVEMBER 21 UPDATE:
As of November 8, WIDNR was still removing (presumably hibernating) bats from at least one Wisconsin cave(Maribel New Hope) with "exclusion" in place, and "overwintering" them in wine refrigerators and coolers in Madison. The current plan is to continue removal of hibernating bats in that cave through the winter.
This, despite a statement from WIDNR's Erin Crain on October 4:
"...Let me assure all on the list that the Wisconsin Department of Natural Resources has neither an artificial hibernaculum nor a protected breeding colony. Because the exclusion had to take place this late in the season, the bats were removed and will be overwintered until next spring..."
The Oct. 27 WI Natural Resources Board meeting audio is now online. Part 1(1hr30min, 15.8mb):
http://www.caves.org/grotto/wss/audio/oct2010_wi_nrb_3b1_pt1.mp3
and Part 2(30min, 5.16mb):
http://www.caves.org/grotto/wss/audio/oct2010_wi_nrb_3b1_pt2.mp3
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