GuestEditorial

Guest Editorial

K.L. Cool, Director
Department of Natural Resources
Lansing, Michigan

Mr. Cool:

Thank you for your letter of March 21. I am pleased to hear that you share my concern for the protection of Michigan’s river resources. I am disappointed that so much of your letter does little to support the claimed concern.

The measures I propose for the Au Sable would: (1) keep the commercial canoes, tubes, and kayaks off the river after 6:00 p.m. and thereby provide a quiet period for anglers before the evening rise and a welcome relief for property owners; (2) the reduction of the number of rental water craft, not only canoes, that would be allowed to use public access to that mandated by the Natural Rivers Act would reduce the stress on the river and other river users; and (3) commercial water craft user fees would generate funds for the repair of habitat, maintenance of access sites, and erosion control projects that repair damage caused by these water craft. I agree with you that these measures would not address the most serious of these activities, behavior problems such as trespass, littering, indecent exposure, etc., but they would help control them and alleviate the damage caused by them.

Time zoning by the USFS at the access sites with regulated numbers of watercraft does have a beneficial impact. If the DNR did the same, a similar impact would be seen on overused rivers such as the Au Sable. With regard to safety do you think that racing canoes at night without lights is not a safety issue? Do you think that rafting canoes is not a safety issue? Do you think that the common sight of children in canoes without adult supervision is not a safety issue? Do you think unskilled canoeists in large numbers after 6:00 p.m. with anglers in the river is not a safety issue? For documentation you only have to interview those who live on the river or who fish the river. You might even consult with your law enforcement officers.

Now, for the heart of the issue. You say you are currently drafting a request for an Attorney General’s Opinion regarding the authority of the DNR to regulate commercial water craft use of state owned access sites. Since it is now almost the end of another summer’s abuse and many months have passed, have you drafted it? Has it been sent to the Attorney General? If so, what has been her reply?

In all this you hardly mention the relevance of the State Natural Rivers Act. You seem to agree with a subordinate of yours when he wrote:

A . . . The DNR has many goals related to management of the Au Sable system. Several of these goals are outlined in the Natural River Plan. Implementation of the Plan is in the form of local and State zoning ordinances and rules, rules for utilities and publicly provided facilities and management of public lands in the Natural River District. The Plan itself does not have the force of law.

If the Natural River Plan for the Au Sable does not have the force of law, then the Natural Rivers Act would seem to be irrelevant and the Natural Resources Commission a body that does nothing legally enforceable. I just don’t understand the position of your department relative to either.

Let me quote the relevant portions of a letter to Mr. Pattullo from Mr. Burgoyne, dated May 20, 1998:

"On March 16, 1998, you and Dan Pearson, State Natural Rivers Program Coordinator, discussed your proposal to resolve the issue of Parmalee Trading Post’s status outside the limits of section F.2.d of the 1987 Natural Rivers Plan which states, in part, that "New canoe liveries, expansion of existing canoe liveries, or expansion of commercial launching or retrieval of water craft in the designated portions of the river system shall be prohibited."

"You had been previously notified that since your livery operation was initiated in 1997, the Parmalee Trading Post is considered to be [a] new livery for the purposes of the plan. As such the Parmalee Trading Post livery was not permitted to use State-owned public access sites on the designated portion of the Au Sable for launching and retrieval of commercial water craft."

"I [now] understand that you proposed purchasing the business and all commercial water craft currently associated with Wyandotte Canoe Livery, which has operated on the designated portions of the Au Sable since prior to 1987. We agree that this would be considered a transfer of ownership of an existing livery, not creation of a new livery. As a result, the Parmalee Trading Post livery would then be authorized to launch and retrieve from state access sites the number of commercial water craft that were registered to Wyandotte Canoe Livery."

"Our records indicate that Wyandotte Canoe Livery had 25 commercial water craft registered in 1987 and 35 registered in 1992. If you have records indicating that Wyandotte had more water craft registered during those years, please provide those records to Mr. Pearson. The Dept. of Natural Resources will be working with the canoe liveries and other interested parties to determine the best method of implementing provisions of the 1987 Au Sable River Natural River Plan regarding expansion of existing canoe liveries/ commercial launching or retrieval of water craft."

Parmalee Trading Post today has over 60 canoes, numerous kayaks, paddle boats, and inner tubes for rent. This is a far cry from the 25 commercial water craft registered to Wyandotte Canoe Livery in 1987. This is not a relatively small increase, especially if you consider the fact that Parmalee Trading Post is now launching canoes on portions of the Au Sable River which historically never had commercial canoe activity.

It certainly seems to me that Mr. Burgoyne when he wrote this letter believed in the Natural Rivers Plan as a mechanism to enforce the Michigan Natural Rivers Act for the Au Sable River.

The Plan, assembled by the DNR, was approved by the Natural Resources Commission (NRC) on July 10, 1987 to designate the Au Sable as a Natural River and to enforce the Natural Rivers Act for this river. The commissioners at that time were Thomas J. Anderson, Marlene J. Fluharty, Kerry Kammer, O. Stewart Myers, David D. Olson, and Raymond Poupore.

I don’t believe you care to go before the NRC today and tell it that what it does lacks the force of the law. You seem to suggest that the DNR really doesn’t know what it’s doing, that laws haven’t really been defined by anybody or any important body, and that it is attempting to define that authority. Now, we all know that the NRC approved the Au Sable Natural Rivers Plan in 1987. What has your department been doing for the past twelve years? The canoe problem has been with us for many decades, as you well know. And the only solution that you seem to be able to propose is that "We will further pursue the possibility of a voluntary reduction in commercial water craft numbers used on the Au Sable."

In conclusion I hope your department has finally finished drafting its request for an Opinion from the Attorney General and we look forward to seeing such a request and the response.

Sincerely,

Calvin Gates, Jr
President, Anglers of the Au Sable RWOL

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