November 25, 2023
To: Jason Maxedon, Executive Director, TWRA
Cole Harty, Invasive Species Coordinator, TWRA
Re: Executive Order 13751
Good morning!
I hope you had an enjoyable Thanksgiving and are both well this morning. Cole, thank you for letting me know that the USGS-led decision making process is underway. I checked the TVA PEA and it includes a critical reference to Executive Order 13751(“EO”) in Chapter 1 which must be complied with.
Action Item:
Cole, can you please forward this email to the person at USGS who is leading the decision-making process and copy me so I know who he/she is? Thank you!
I sent an email this morning to Bob Deacy, TVA, and to Craig Carrington and Travis Wiley, USACE referring to this EO. It will serve to focus barrier decision-making to follow the requirements that all the agencies must comply with in the EO. As you see(i) prevent the introduction, establishment, and spread of invasive species; is the first directive.
(Excerpt from TVA PEA)
CHAPTER 1 – PURPOSE AND NEED FOR ACTION 1.1 Introduction “Asian carp” is a collective term that refers to several species of related fish that originated from Asia. As many as ten species of Asian carp are considered invasive around the world. Four Asian carp species are particularly problematic in North America including: silver carp (Hypophthalmichthys molitrix), bighead carp (H. nobilis), grass carp (Ctenopharyngodon idella) and black carp (Mylopharyngodon piceus). Because Asian carp have the capacity to dramatically expand in population and range, and have adverse effects to native aquatic ecosystems, Tennessee Valley Authority (TVA) is proposing various actions to limit distribution and abundance of Asian carp in the Tennessee River reservoir system. Accordingly, TVA is undertaking the preparation of a Programmatic Environmental Assessment (PEA) to evaluate fish barrier options at 10 Lock and Dam (L&D) sites in the Tennessee River system (Figure 1-1), and to consider potential environmental and economic impacts from their installation. TVA is considering these actions in accordance with Executive Order (EO) 13751 Safeguarding the Nation From the Impacts of Invasive Species (December 5, 2016), which instructs federal agencies to (i) prevent the introduction, establishment, and spread of invasive species; and (ii) detect and respond rapidly to eradicate or control populations of invasive species in a manner that is cost effective and minimizes human, animal, plant, and environmental health risks.
(Reminder: Both executive orders and proclamations have the force of law, like regulations issued by federal agencies, so they are codified under Title 3 of the Code of Federal Regulations, which is the formal collection of all of the rules and regulations issued by the executive branch and other federal agencies).
Compliance with this EO will require a new and different priority for barrier recommendations coming out of the current decision-making process. I know you must be as upset as we were to learn the amended WRDA 2022 has mandated two new barriers that were not included in WRDA 2020. That was bad news for the Tennessee River.
As you know, state agencies are expected to support federal agencies in their compliance with any EO. As Cole said at his meeting at the Fishing Club in Tellico Village, the present barrier plan to reduce recruitment with barriers behind the silver carp will not “prevent” the silver carp from reaching the upper four lakes. WBEFC has always supported the need to reduce recruitment, however, in order to comply with the EO’s directive to “prevent” the introduction of silver carp into the upper four silver carp free lakes, the new barrier priority must clearly be “in front” of this invasive species. The new barrier priority will then also follow the USFWS and MICRA guidance. The “invasion front” must be considered to be where “any” silver carp have been found or are expected to be present, not where they are in significant numbers.
We are asking the federal and state agencies to support the temporary closure of Watts Bar Lock until a deterrent is operational there. Time is of the essence because the TWRA news release that announced the silver carp in Chickamauga Lake was four years ago. Add the years needed to fund and construct a deterrent there, and it becomes clear that unless the lock is closed, the silver carp will advance into the four upper lakes. Lock closure is the only option we have left if the upper four lakes are to be spared the economic and ecological devastation of the silver carp.
Action item:
Director Maxedon, we are respectfully requesting that TWRA please fully support a temporary closure of Watts Bar Lock until a barrier is operational there.
I hope you both have a good week. Please remember to forward this email to the USGS person leading the barrier decision-making group. I will look forward to hearing from you. Thank you, again.
Respectfully,
Pandora Vreeland, Chairman
Watts Bar Ecology and Fishery Council