A recent Supreme Court decision restricts Clean Water Act protections to only those waters with a "continuous surface connection," overturning previous rulings that regulated the discharge of pollutants into "navigable waters," which encompassed a broad definition of "the waters of the United States." (Joshua Bergan photo)
June 06, 2023
By Fly Fisherman Staff
The U.S. Supreme Court ruled against Clean Water Act safeguards for "waters of the United States," on May 25, which reduces or eliminates protections for most of the nation's wetlands and reduces the EPA's authority to protections waterways that provide important fish habitats.
The 6-3 decision, written by Justice Clarence Thomas, was a victory for landowners and developers who have argued that the Clean Water Act has been interpreted too broadly by the Environmental Protection Agency.
The decision restricts protections to only those waters with a "continuous surface connection," overturning previous rulings that regulated the discharge of pollutants into "navigable waters," which encompassed a broad definition of "the waters of the United States." Many of these wetlands are connected to headwaters streams and systems that are crucial for fish habitats.
An aggregation of advocacy and trade organizations, including the American Fly Fishing Trade Association, Backcountry Hunters & Anglers (BHA), Trout Unlimited, and the Theodore Roosevelt Conservation Partnership, filed an amicus brief in 2022, stating that the narrow interpretation proposed by Sackett would expose the majority of wetlands in the U.S. to industrial pollution without consequences. It also emphasizes that state-level protections would not compensate for the loss of federal safeguards. The narrowing of the Clean Water Act's coverage will potentially have disastrous impacts on rivers, streams, and fish habitats, along with recreational opportunities for anglers.
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“This ruling from the Supreme Court is a gut punch to fish and wildlife and the American people who just lost clean water protections for most wetlands across the country,” John Gale, BHA vice president of policy and government relations said in a press release . “Instead of seizing the opportunity to secure greater certainty for wetland systems and ephemeral and intermittent streams often connected to wetland complexes through surface and subsurface flows, the court has ensured future litigation and greater vulnerability for migratory birds, coldwater fisheries and millions of people who want cleaner, safer drinking water.”
The full decision is available here.
Corner-Crossing Ruling Matters to Anglers Too A federal judge has ruled in favor of four Missouri hunters who were accused of trespassing by stepping over the corners of a private ranch, known as corner crossing, to access public land in Carbon County, Wyoming.
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“Backcountry Hunters & Anglers applauds the court’s careful balancing of access to public land and respect of private property rights,” Backcountry Hunters & Anglers president Land Tawney said in a press release. “We look forward to finding more solutions to access—together.”
Corner crossing is the practice of crossing from one section of public land to another at the common corners with two sections of private property—all arranged in a checkerboard pattern of land ownership—without touching the private land. It is neither legal nor illegal in Wyoming.
There are many “corner-locked” public-land fisheries throughout the West that have been off limits to anglers for years. If the ruling holds, over 8 millions acres of land would open.
"The defendants, 'in common with other persons [have] the right to the benefit of the public domain,' which necessarily requires some limitation on the adjoining private landowner's right of exclusion within the checkerboard pattern of land ownership," Chief U.S. District Judge Scott Skavdahl wrote in his ruling.
Despite the ruling, corner crossing currently remains illegal in many areas. Montana Fish Wildlife and Parks officials were quick to point out that it is still illegal within their state.
“Corner crossing remains unlawful in Montana, and Montanans should continue to obtain permission from the adjoining landowners before crossing corners from one piece of public land to another,” Montana Fish, Wildlife & Parks Deputy Director Dustin Temple said. “Wardens will continue to report corner crossing cases to local county attorneys to exercise their prosecutorial discretion.”
Further litigation and/or legislation will likely be required to settle the issue once and for all.
Read more about the ruling here.
NOAA Fisheries and Maine Department of Marine Resources Celebrate 27 Years of Atlantic Salmon Monitoring NOAA Fisheries and the Maine Department of Marine Resources (MDMR) are celebrating 27 years of collaboration to monitor Atlantic salmon migrating to the ocean from Maine's Narraguagus River.
From late April to early June, NOAA Fisheries and MDMR use screw traps to estimate the number of smolts exiting the river and collect other biological data. This long-term monitoring helps scientists understand how climate change impacts the timing of smolt migration.
From late April to early June, NOAA Fisheries and MDMR use screw traps to estimate the number of smolts exiting the river and collect other biological data. (Photo courtesy E. Peter Steenstra/USFWS) In 2022, the team developed a model that linked fish movements to temperatures near juvenile salmon nursery areas. This study provides managers with a tool to annually refine protective measures at dams.
Atlantic salmon face a variety of threats, including habitat loss, pollution, and overfishing. To learn more about the threats facing Atlantic salmon, play the animation.
NOAA Fisheries and MDMR are committed to protecting Atlantic salmon. By working together, they are helping to ensure the survival of this iconic species.
Read more about Atlantic salmon in Maine here .
Inspiring New Film Tells the Story of Emily Rodger's Triumph Over Adversity In an inspiring tale of resilience and determination, a new film entitled Chasing the Current Fly Fisherman magazine contributor Emily Rodger's
Rodger’s promising trajectory as a professional cyclist was abruptly interrupted when she was struck by a car during a training ride, sustaining severe facial and head injuries that jeopardized her life and career.
Undeterred by her traumatic experience, Rodger embarked on a long and arduous road to recovery, enduring numerous surgeries and intense physiotherapy. During this challenging period, she discovered solace in fly fishing, using the serene sport as a means to cope with post-traumatic stress disorder and the brain injury resulting from the accident.
Chasing the Current chronicles Emily Rodger’s path from a cycling accident to becoming a world champion athlete, fly fisher, and motivational speaker. Despite the setbacks, Rodger’s determination to reclaim her life was unwavering. Returning to competitive cycling, she defied the odds and went on to win the world championships not once but twice, showcasing her indomitable spirit and inspiring countless individuals around the globe.
However, a subsequent race-course collision prompted Rodger to contemplate the deeper purpose behind her endeavors. Drawing from her personal experiences, she embraced her roles as an elite angler and executive coach, embarking on a transformative journey that saw her traversing the globe, fly fishing, and delivering impactful speeches.
The full 43-minute film is available to stream here .
View the trailer here.
Yellowstone River Fish Populations Expected to Rebound After Flooding Fish populations in the Yellowstone River are expected to rebound after the recent flooding, according to a biologist with the Montana Fish, Wildlife and Parks (FWP).
"We're still assessing the full impact of the flooding, but early indications are that there were some small declines in some fish populations," said FWP biologist John Smith in a Yellowstone Public Radio article by Olivia Weitz . "However, we expect that these populations will rebound in the coming months."
Smith said that the flooding likely caused some fish to be displaced from their natural habitat, but that they should be able to find new homes and reproduce.
"Fish are very resilient creatures," Smith said. "They've been through this kind of thing before and they'll come back."
The flooding also caused some damage to fishing access sites along the Yellowstone River. However, Smith said that FWP crews are working to repair the damage and that the sites should be open again soon.
"We're making good progress," Smith said. "We hope to have all of the sites open by the end of the month."
The flooding in Yellowstone National Park and surrounding areas was caused by heavy rains that fell in the region in late June of 2022. The flooding caused widespread damage, including washed out roads, bridges, and homes.
However, the flooding also had some positive effects. The high water levels flushed out sediment and debris from the river, which could improve fish habitat.
"The flooding actually did some good things for the river," Smith said. "It cleaned out some of the sediment and debris that had built up over time."
Smith said that FWP will continue to monitor the fish populations in the Yellowstone River and that they will provide updates as more information becomes available.
The Yellowstone River Hootenanny will take place at Sacajawea Park in Livingston, Montana on June 22 from 5-9 p.m. Montana Freshwater Partners's campaign “Give Back to the Yellowstone” is hosting a fundraiser at Sacajawea Park in Livingston, Montana on June 22 from 5-9p.m. to support flood recovery efforts. The event, called the “Yellowstone River Hootenanny,” will feature food and beer, and a river-centric competition designed to raise money and awareness of the issues facing the Yellowstone River. Four-person teams are being encouraged to sign up here .
More information on the fundraiser is available here.
Mapping Tool Helps Protect Alaska's Steelhead A mapping tool developed by the Trout Unlimited and Wild Steelheaders United is helping to protect Alaska's steelhead trout by using satellite imagery and other data to identify important steelhead habitat.
The Alaska Fish Habitat Mapping and Community Science Project encourages anglers report previously unknown rivers and streams used by salmon and steelhead to the Alaska Department of Fish and Game’s Anadromous Waters Catalog .
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"This tool is a game-changer for steelhead conservation in Alaska," said Trout Unlimited Alaska Director Tim Bristol. "It will help us identify and protect the best habitat for steelhead, and it will help us track the status of the population over time."
To learn more, visit the American Salmon Forest website or watch the video below.
Tag, You're It: Angler harvest has little effect on fish size or catch rates at Idaho mountain lakes Anglers caught and released slightly more fish trout than they harvested in mountain lakes, according to a recent Idaho Department of Fish & Game study. (Photo courtesy United States Geological Survey) A study by the Idaho Department of Fish and Game confirmed that angler harvest has little effect on fish size or catch rates, as most fish in alpine lakes die from natural causes. To assess the impact of angler harvest on Idaho's mountain lakes, the department implemented the Tag-You're-It Program, tagging nearly 1,200 trout in 113 lakes. Anglers caught and released slightly more fish (9.2 percent of the population) than they harvested (7.3 percent). Anglers' preference for catch-and-release likely contributes to the low impact of harvest. Fishing seasons and limits in alpine lakes are unlikely to change based on these findings, and anglers are encouraged to harvest fish if desired. The department will continue tagging trout to gather more data on harvest rates, and angler cooperation in reporting tags is appreciated for fishery management.
Learn more here.
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