Vol.37 No.1 JUL‑SEP 2008

J U L Y- S E P T E M B E R 2 0 0 8 Ballast water management permit proposed . Change is constant at Cleveland . Great Lakes Compact V O L U M E 3 7 N U M B E R 1 G LGREAT LAKER The Interlake Steamship Company Interlake Corporate Center 4199 Kinross Lakes Parkway Richfield, Ohio 44286 Telephone: (330) 659-1400 FAX: (330) 659-1445 ISO Certified E-mail: sales@interlake-steamship.com WE CAN HANDLE IT! Moving Mountains? Whether it is a mountain you need to move, or it just seems like it, at Interlake Steamship we work closely with our customers to solve their raw materials delivery challenges. Our dedicated shore personnel and experienced vessel crews focus on achieving safe, reliable, on-time cargo delivery. Interlake Steamship’s versatile self-unloading vessels, with capacities ranging from 17,000 to 68,000 gross tons, are equipped to get the job done, even under the most challenging conditions the Great Lakes have to offer. Whether your mountain is taconite pellets, coal, limestone or grain, call Interlake Steamship. Our job is moving mountains. GREAT LAKES/SEAWAY REVIEW July-September, 2008 1 The international transportation magazine of Midcontinent North America GREAT LAKES/SEAWAY REVIEW GREAT LAKER 221 Water Street Boyne City, Michigan 49712 USA (800) 491-1760 FAX: (866) 906-3392 harbor@harborhouse.com www.greatlakes-seawayreview.com www.greatlaker.com A searchable editorial archive is available at www.greatlakes-seawayreview.com Cleveland-Cuyahoga County Port Authority has made relocation plans. Page 20. G L A R T I C L E S J U LY- S E P T E M B E R 2 0 0 8 Dateline: Great Lakes/St. Lawrence Seaway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 The Administrator’s Outlook. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 The Lake Carriers’ Association Viewpoint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Naval Architecture & Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Regional Shipyard Activity Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Ballast Water Management SECOND STATE PROPOSES BALLAST WATER DISCHARGE PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Minnesota is working to develop a state program consistent with existing federal and international standards. Interview: THE VALUE OF A PILOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Pilots know the waters, the ports, the rules of the road. Managing the Lakes SUSTAINING THE LAKES . . . . . . . . . . . . . . . . . . . . . . . . 17 Great Lakes Compact awaits federal approval. Cleveland Port Profile CHANGE IS CONSTANT . . . . . . . . . . . . . . . . . . . . . . . . 20 Cleveland-Cuyahoga County Port Authority considers new carrier options, grand expansion plans. Admirality Law WHY A DUCK? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 U.S. Supreme Court reiterates definition of a vessel. Passenger Cruising COMING SOON: SPECIALIZED CRUISES . . . . . . . . . . . . . 33 New providers, ships entering the system. Towing and Barging A FULL BOOK OF BUSINESS . . . . . . . . . . . . . . . . . . . . . . . 39 Conversions, newbuilds, new markets characterize the towing and barging industry of today. Propulsion LOOKING BEYOND THE OBVIOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Enhancing fuel economy and environmental performance. Training & Recruitment FROM SEA CADET TO MARINER . . . . . . . . . . . . . . . 55 Programs give youth a taste of the seafaring life. Logistics SEIZING THE INITIATIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 North America’s trade corridor of the future is Hwy H2O. Shipwrecks MYSTERY SOLVED! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 One of the Great Lakes’ oldest and most significant shipwrecks discovered. Lakers HARD AT PLAY IN THE DIGITAL SHIPYARD . . . . . . . . . . . . . . . . . . . . . . . 74 Detroiter John Belliveau is the new admiral of a growing fleet of digitally-rendered lake boats. Lighthouses TRAVELING BACK IN TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 Staying at Thirty Mile Point Lighthouse. Great Lakes Art LIGHT AND SHADOW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 Working to preserve the history of the Great Lakes. Marine Photography LAKERS AND LIGHTHOUSES . . . . . . . . . . . . . . . . . . . . . . 80 Experiencing the stature of maritime. Great Lakes People LAMPIST AT WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 Kurt Fosburg—volunteer turned professional lampist. Lake Boat & Lighthouse News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Meet the Fleet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Laker Library Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 On the Radar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 GREAT LAKER D E P A R T M E N T S D E P A R T M E N T S Minnesota works to develop state ballast water program consistent with federal and international standards. Page 6. One of the Great Lakes’ oldest and most significant shipwrecks discovered. Page 70. P U B L I S H E D F O R 3 8 Y E A R S Business and Editorial Office 221 Water Street Boyne City, Michigan 49712 USA (231) 582-2814 (800) 491-1760 FAX: (866) 906-3392 harbor@harborhouse.com www.greatlakes-seawayreview.com www.greatlaker.com EDITORIAL AND BUSINESS STAFF Jacques LesStrang Publisher Emeritus Michelle Cortright Publisher Janenne Irene Pung Editor Rebecca Harris Art Director Lisa Liebgott Production Manager Tina Burch Business Manager David L. Knight Editorial Consultant Roger LeLievre Great Laker Editor Virginia Forrand Circulation Manager ADVERTISING DEPARTMENT Kathy Booth Account Manager James Fish Director of Sales John H. Nikolai Account Manager William W. Wellman Senior Account Manager EDITORIAL ADVISORY BOARD John D. Baker, President, Great Lakes District Council, International Longshoremen’s Association; Davis Helberg, Executive Director, Seaway Port Authority of Duluth – Retired; Anthony G. Ianello, Executive Director, Illinois International Port District; John Jamian, President, Seaway Great Lakes Trade Association; Peter Kakela, Ph.D., Professor, Department of Community, Agriculture, Recreation and Resource Studies, Michigan State University; Donald N. Morrison, President, Canadian Shipowners Assn.; Rep. James L. Oberstar, Member of Congress, Chair, House Transportation & Infrastructure Committee; John J. Peacock, Executive Vice-President, Fednav Limited; George Ryan, President, Lake Carriers’ Association – Retired; Daniel L. Smith, Former National Executive Vice President, American Maritime Officers; Rep. Bart Stupak, Member of Con gress, Energy & Commerce Committee; James H.I. Weakley, President, Lake Carriers’ Association, Jerome K. Welsch, Jr., President & CEO, American Steamship Company. SUBSCRIPTIONS – (800) 491-1760 or www.greatlakes-seawayreview.com Published quarterly. One year $30.00; two years $50.00; three years $70.00. Foreign: One year $45.00; two years $65.00; three years $95.00. Payable in U.S. funds. Back issues available. Article reprints are also available. Reprints produced by others not authorized. ISSN 0037-0487 SRDS Classifications: 84, 115C, 148 Great Lakes/Seaway Review and Great Laker are published quarterly in March, June, September and December. Postmaster: Send address changes to Great Lakes/Seaway Review, Great Laker, 221 Water Street, Boyne City, Michigan 49712 USA. © 2008 Harbor House Publishers, Inc., Boyne City, Michigan. All rights reserved. No article or portion of same may be reproduced without written permission of publisher. JULY-SEPTEMBER, 2008 THE INTERNATIONAL TRANSPORTATION MAGAZINE O F M I D C O N T I N E N T N O R T H A M E R I C A VOLUME 37 NUMBER 1 Great Lakes/Seaway Review Cover: G tug assists the Beluga at Cleveland. Photo by Jerry Bielicki. Great Laker Cover: Edward L. Ryerson at Duluth. Photo by Gary Martin. Combining the economy of Great Lakes shipping with flexibility for cargoes not suitable for traditional self-unloaders, the tug barge PERE MARQUETTE 41 offers a level of dependable service that translates into outstanding value. Let us help you evaluate how our new articulated tug barge system can benefit your company. Self-loading/unloading: hydraulic crane with grapple, clamshell or magnet; conveyor unloading places material approximately 80′ from side of ship Stone, logs, pig iron, scrap metal, coils, slabs and over-dimensional pieces Conveyor unload materials up to 15 inch Articulated tug barge coupler technology U.S.- flag Great Lakes service PERE MARQUETTE SHIPPING COMPANY 701 Maritime Drive P.O. Box 708 Ludington, MI 49431 (231) 845-7846 Fax (231) 843-5383 www.pmship.com INTO YOUR IS OUR BUSINESS BARGING BUSINESS 2 www.greatlakes-seawayreview.com G R E A T L A K E S / S T . L A W R E N C E S E A W A Y GREAT LAKES/SEAWAY REVIEW July-September, 2008 3 Gathering final impact data on new lock at the Soo The U.S. Army Corps of Engineers has collected public comment on the proposed replacement lock for Sault. Ste Marie, Michigan. The Water Resources Development Act of 2007 has directed construction of a new lock, and through much of August, the Corps sought knowledge of any change of condition or anticipated impact beyond the environmental impact statements from 1986 and 2000, both of which were favorable toward building the new lock. The lock will replace the smaller Davis and Sabin locks on the St. Marys River. The proposed lock would be capable of handling the Great Lakes/St. Lawrence Seaway system’s largest vessels which account for more than half of the potential carrying capacity of the Great Lakes fleet which is currently limited to lockage through the Poe Lock. According to the Corps, a review of environmental conditions, design and predicted environmental impacts today are consistent with the earlier studies. Based on this review, signature of the Record of Decision for the project is proposed. . TWIC being instituted at some system ports in October According to the U.S. Coast Guard and the Transportation Security Administration, October 31 is the Transportation Worker Identification Credential (TWIC) program compliance date for owners and operators of facilities located within the U.S. Coast Guard Captain of the Port Zones of Buffalo, New York; Duluth, Minnesota; Detroit and Sault Ste. Marie, Michigan; and Lake Michigan. The Coast Guard plans to announce those additional ports scheduled for the compliance phase of the TWIC program in coming weeks. Compliance will be phased in by Captain of the Port Zones between October 15, 2008 and April 15, 2009, after which all ports must be in compliance and all credentialed mariners must be in possession of a TWIC. . Cleveland-Cliffs merges with coal company Cleveland-Cliffs Inc. is merging with Alpha Natural Resources in a cash and stock transaction valued at $10 billion. Cliffs is the largest producer of iron ore pellets in North America. Alpha is a major supplier of Appalachian coal to the steel industry, electric utilities and other industries. Cliffs will acquire all outstanding shares of Alpha. Alpha stockholders will receive 0.95 Cleveland-Cliffs common shares and $22.23 in cash for each share of Alpha common stock. The transaction is subject to approval by Cleveland-Cliffs and Alpha shareholders, as well as regulatory approvals. The merger is expected to close by year’s end. The combined company, Cliffs Natural Resources, will become one of the largest U.S. mining companies, including nine iron ore facilities and more than 60 coal mines in North America, South America and Australia. Upon the transaction’s close, Cliffs Natural Resources will have estimated revenue of nearly $6.5 billion for 2008. The company’s estimated 2009 revenue could reach $10 billion. Cliffs Natural Resources’ world headquarters will be in Cleveland. Cliffs has also announced becoming the sole owner of United Taconite in Eveleth by buying United Mining Company’s 30 percent interest for $100 million in cash and more than 1.5 million Cleveland-Cliffs common shares. . U.S. infrastructure renewal gains nod The Appropriations Committee for the U.S. House has approved the Saint Lawrence Seaway Development Corporation’s FY 2009 request for $31.8 million to pay for the initial phase of upgrading the U.S.’s section of the Great Lakes/St. Lawrence Seaway. The first five years of the 10-year Asset Renewal Program & Capital Investment Plan involves 43 projects with costs of $86 million. . Seaway cargo incentives creating results The St. Lawrence Seaway Management Corporation (SLSMC) has announced that cargo incentives introduced for the 2008 navigation season are creating new cargo movements. As of June 30, more than 295,000 metric tons of new cargoes have transited the Seaway, generating $610,045 in new revenues. “We are finding new pockets of opportunity,” said Richard Corfe, President and CEO of the SLSMC. “The marine mode continues to be the transportation mode of choice for project cargoes. In addition, we are seeking to establish our foothold in new industries as they begin to move product volume. Among the new cargoes transiting the Seaway are bio-fuels from recently established processing facilities bordering our waterway and a bevy of project cargoes including wind turbines destined for sites throughout North America.” The Seaway’s total tonnage volume as of June 30 stood at 13.7 million metric tons, compared with 14.1 million recorded to date the previous year. To encourage shippers to use the Seaway, the SLSMC has frozen toll rates, with the present 2008 tariffs remaining in effect until the close of the 2010 season. In addition, specific toll discounts are applicable to cargoes meeting a variety of criteria. . (From left) Mike Kirkpatrick, Federal Marine Terminals; John Holditch, Hamilton Port Authority (HPA) Board of Directors; Bruce Wood, HPA President and CEO and Paul Gourdeau from Fednav gather to commemorate the official opening of the new 80,000-square-foot RUBB facility at Pier 14. This facility upgrades the cargo handling infrastructure at the Pier 12/14 terminal, an integral part of the port’s overseas cargo operations. DATELINE Charting our course: Using zero-based thinking to guide the future of the Great Lakes/St. Lawrence Seaway System The second of three visioning sessions for the Great Lakes/St. Lawrence Seaway’s next 50 years will be held Wednesday, September 17 in Toledo, Ohio, the final program of the Ohio Conference on Freight. This logo and above tagline have been developed to represent the movement, which is a partnership of the Port of Toledo and Great Lakes/Seaway Review. D A T E L I N E Ports of Indiana weighs in with national award The American Association of Port Authorities (AAPA) has recognized the Ports of Indiana with an Award of Excellence for its website during a communications awards program. It was among 22 ports in the country to be recognized for innovative ways of communicating through technology, programs and publications. . Melford hires global real estate firm Melford International Terminal is partnering with CB Richard Ellis to coordinate its marketing strategies worldwide. The real estate firm will use its global resources of 24,000 employees in 300 offices to develop relationships between Melford and shipping companies, cargo owners and logistics providers. The deepwater port is awaiting environmental clearance to break ground on the 315-acre development at the Strait of Canso, Nova Scotia. . La Relance Terminal completed on time, on budget Construction on La Relance Terminal’s Dock 41 is completed after more than 30 months of work. The $9 million investment includes construction of a warehouse. The port had been eagerly awaiting completion of the expanded dock, which will increase capacity at La Relance Terminal and ensure greater flexibility for passenger cruise business as well as more shipping traffic for Aluminerie Alouette. . Albany recognized with two awards The Port of Albany has received two awards from the Railway Industrial Clearance Association, the first for outstanding customer satisfaction and the second recognized Albany as the most improved port in the nation for handling heavy-lift cargo. With members from the United States, Canada, Mexico and Europe, the organization credited the Albany Port District Commission members “for the vision in ongoing investment in infrastructure,” as a major reason for the award. In addition, the port commission staff was complemented for its efforts to ensure that customers are satisfied with its performance, services and dedication to detail. Federal Marine Terminals and port longshore labor was praised for “professionalism, efficiency, experience, knowledge and care.” Longshore labor hours have continued to climb at the port over the past several years as a variety of larger cargo is being handled, including transformers, generators, project cargo and wind energy products. . Detroit adding wharf to combat low water levels Detroit’s $15 million planned public passenger ship terminal will have an additional investment of $4-$5 million to build an offshore wharf in the Detroit River. The wharf will offer access to deeper water in times of low water levels. Terminal and dock construction is expected to take 12 to 18 months. Work could start later this summer or fall. The authority is waiting on city permits. The Detroit- Wayne County Port Authority’s project is designed to turn the city into a port-of-call for cruise ships, naval vessels and tall ships. A ferry service to Windsor and water taxi are also options. State and federal approvals, as well as financing, have been secured for the 21,000- square-foot terminal, which will be located near Hart Plaza off Atwater Street. The deepwater wharf still needs funding and would be built concurrently with the terminal and dock. . 4 www.greatlakes-seawayreview.com REGIONAL CALENDAR D A T E L I N E Grain elevator sales continue at Duluth W.B. Duluth Storage has purchased AGP’s Duluth grain terminal, completing its second local elevator acquisition this year. The company, an offshoot of Twin Cities-based hedge fund Whitebox Advisors, bought Cargill’s Duluth elevator in January. The most recent sale is a continuation of sales in the past eight months, with three of the Twin Ports’ six working elevators involved. In April, ConAgra announced plans to sell the Peavey Company Elevator to a New York City-based investment group called Ospraie Management LLC. Whitebox has been actively acquiring grain storage infrastructure for more than a year now. It has purchased grain elevators in Minneapolis, Shakopee and on the Buffalo River in New York. The AGP sale came after an August 1 deal that transferred ownership of Omahabased AGP Grain Ltd. to Columbia. Columbia then sold the elevator to Whitebox. The former AGP elevator employed about 20 people and has a storage capacity of 4.2 million tons. . Labor agreement reached in steel industry United States Steel Corporation has reached a tentative agreement with the United Steelworkers (USW) on a four-year labor contract that increases wages and benefits for workers and retirees. The agreement involves about 16,000 union employees at U. S. Steel’s domestic operations in Lorain, Ohio and Fairfield, Alabama. The tentative agreement, which still needs to be ratified, will replace the contract expiring September 1. According to Pittsburg-based U.S. Steel, the company’s Chairman and Chief Executive Officer John Surma said: “We are pleased to have reached a tentative agreement with the United Steelworkers on a competitive fouryear contract well in advance of the expiration of our current contract. We value our ongoing relationship with the USW and appreciate the contributions that our employees make to the success of our business. We believe that this agreement is in the best interests of our company and all of our stakeholders.” The union expects that the contract will encourage successful negotiations with other steelmakers, including ArcelorMittal, which is meeting with union representatives on another contract, which expires September 1. The U.S. Steel agreement comes just after the U.S. industry posted record second-quarter profits that are being attributed to a strong global demand and soaring costs for iron ore and other raw materials. According to USW, the new contract provides significant wage, substantial bonus and pension increases, as well as capital investments in plants. . SEPTEMBER 7-12 Great Lakes Maritime Research Institute Shipbuilding & Maritime Operations Tour in Finland, Stacey Carlson, (715) 394-8364 www.glmri.org 15-17 2008 Ohio Conference on Freight Toledo, Ohio, Warren Henry (419) 241-9155, x129, henry@tmacog.org 17 Great Lakes/St. Lawrence Seaway Charting Our Course Visioning Session Toledo, Ohio, Gilda Mitchell (419) 243-8251or gmitchell@toledoportauthority.org OCTOBER 6-10 Seaway Trade Mission Milan and Genoa, Italy ; Istanbul, Turkey (800) 785-2779, Rebecca.McGill@sls.dot.gov 14-16 Breakbulk New Orleans New Orleans, Louisiana, Renee Jacobs (760) 294-5563, rjacob@joc.com 15-17 SNAME Annual Meeting & Expo Houston, Texas, www.snameexpo.com NOVEMBER 4-5 Hwy H2O Conference, Marriott Toronto Airport Hotel, Toronto, Ontario, Kelly DiPardo (905) 641-1932, x5377, kdipardo@seaway.ca “waterway, what a way! waterway, what a way! waterway, what a way!” Duluth Seaway Port Authority 1200 Port Terminal Drive / Duluth, MN USA 55802 Phone: (218) 727-8525 / (800) 232-0703 / Fax: (218) 727-6888 E-mail: admin@duluthport.com Say that three times fast. Shipping goods by waterway—what a way to save time, money, and natural resources! But you don’t want a lot of fast talk. You want to see results. The Port of Duluth is eager to help you realize the benefits of moving your domestic or international cargo through our terminals via the Great Lakes and St. Lawrence Seaway System. Contact us today. Our advantages may leave you tongue-tied. GREAT LAKES/SEAWAY REVIEW July-September, 2008 5 Currently, Minnesota regulations exempt vessel discharges of sewage or effluent from the requirement to obtain a National Pollutant Discharge Elimination System (NPDES) permit from the Minnesota Pollution Control Agency (MPCA). However, the new MPCA rulemaking will require commercial vessels to obtain a state permit prior to discharging ballast water into state waters of Lake Superior as of October 1. Minnesota’s approach, driven in part by litigation, has been very different than Michigan’s. While the substantive provisions of Minnesota’s ballast water regulatory program have not been finalized, Minnesota is working to develop a state program that is consistent with existing federal and international standards. Still, the additional procedural requirements substantiate the industry’s fears regarding the burden of piecemeal state regulation. Permitting program. On June 30, the MPCA published an “Intent to Issue an SDS General Permit for Ballast Water Discharge.” According to the draft language, a permit will be required to discharge ballast water into state waters of Lake Superior. The permit requirement would apply to both ocean-going and lake-only vessels equal to or greater than 50 meters in length with a ballast water capacity of eight cubic meters or more. Vessel owners and operators running in Minnesota waters would be required to submit a permit application to the MPCA (the water quality permit fee is $350) to obtain a notice of coverage valid for five years. The MPCA determined that these large vessels meet the specified criteria in Minn. Admin. R. 7001.0100, subp. 3(C) for the development of a general permit. Although smaller recreational vessels are excluded Second state proposes ballast water discharge permit Minnesota is working to develop a state program consistent with existing federal and international standards 6 www.greatlakes-seawayreview.com STEPHANIE SHOWALTER Director National Sea Grant Law Center DALE BERGERON Assistant Professor and MaritimeTransportation Extension Educator Minnesota Sea Grant The Great Lakes shipping industry is being asked to deal with yet another layer of regulatory complexity and reporting. Minnesota will soon join Michigan and become the second state in the Great Lakes to require a permit to discharge ballast water. B A L L A S T W A T E R M A N A G E M E N T GREAT LAKES/SEAWAY REVIEW July-September, 2008 7 from the MPCA proposed general permit, these vessels are not necessarily excluded from all ballast water regulation. As mentioned below, the Environmental Protection Agency (EPA), in response to litigation, has proposed a general permit for recreational vessels. Small recreational vessel owners will have to comply with the federal permit standards regardless of their exemption from the Minnesota permit regime. It is unknown at this time whether the MPCA intends to rely on the federal general permit to regulate recreational standards as an interim measure until ballast water treatment technology is installed (yet no specific systems are noted or approved). Upon the installation and operation of ballast water treatment technology, additional effluent limitations would be imposed to ensure that the state’s water quality standards are not violated. Such limits would likely be related to total chemical residuals, dissolved oxygen and temperature. The draft permit also prohibits the discharge of non-suspended sediment and delineates Pro- Call for federal action broadens Newly-released report calls for North American uniformity in ballast water practices The federal government is being asked to adopt national ballast water management practices by yet another source: the United States’ National Research Council (NRC). “The United States should follow Canada’s lead and adopt standards identical to those proposed by the International Maritime Organization (IMO) to prevent invasive species from entering the Great Lakes,” the council stated when releasing findings on its recent study, “Great Lakes Shipping, Trade, and Aquatic Invasive Species.” The study was commissioned by the Great Lakes Protection Fund. A committee of nationwide experts was formed to identify and explore options for the Great Lakes region that would meet two criteria: enhance the potential for global trade in the Great Lakes region and eliminate further introductions of aquatic invasive species (AIS) into the Great Lakes by vessels transiting the St. Lawrence Seaway. During the absence of a cohesive policy, some have suggested that the Seaway be closed to international traffic. The committee, however, reported that eliminating the waterborne transportation option would increase the cost of moving goods and could include adverse environmental impacts associated with alternate transportation modes and routes. “This report concludes that trade should continue on the St. Lawrence Seaway but with a more effective suite of prevention measures that evolves over time in response to lessons learned and new technologies,” according to the committee, noting that the entire Great Lakes region should have a uniform set of standards for combating invasive species, with the U.S. adopting ballast water management standards identical to those proposed by the IMO. Canada adopted regulations identical to the IMO rules in 2006, but the United States is still considering legislative options. “The National Academy of Sciences has confirmed that the idea of closing the Seaway is legally unfeasible, politically unrealistic and economically disastrous for the U.S. and Canada,” said Terry Johnson, Administrator of the U.S. Saint Lawrence Seaway Development Corporation. Since opening the Seaway, ballast water has been attributed as the primary source of aquatic invasive species in the Great Lakes. In addition, invasive species can enter the Lakes via recreational boating, bait fishing, disposal from home aquariums and many other avenues. Because there are so many ways that invasive species can enter the Lakes, closing the Seaway would not stop future invasions. Therefore, the study recommends requiring ballast water management by all international ships entering the Seaway, as well as by ships coming from the coasts of the U.S. or Canada. “The National Academies report represents an extensive and impressive piece of work on the aquatic invasive species issue,” said Ray Johnston, Chamber of Marine Commerce President. “Moving to a uniform bi-national system of standards and regulations for the entire Great Lakes region is clearly one of the most effective ways to prevent the introduction of aquatic invasive species in ballast water carried by ships.” Continued on page 9 No one argues that we need to address the AIS issue, but piecemeal actions by individual states such as Michigan and Minnesota demonstrate that the patchworkquilt of regulations we always feared is becoming a reality. Congress needs to strike order in the regulatory landscape by enacting uniform requirements for the entire nation.” Steve Fisher Executive Director American Great Lakes Ports Association “ vessels or plans to develop a separate general permit for the smaller vessels. The commercial vessel permit would require general best management practices consistent with federal regulations (33 C.F.R. § 151.2035) effective immediately. Vessels constructed on or after January 1, 2012 would be required to meet effluent limitations based on the IMO Regulation D-2 Performance Standards. Vessels constructed before January 1, 2012 must meet the IMO standards by January 1, 2016. The permit would accept ballast water exchange conducted in accordance with federal hibited Discharge Areas within Lake Superior. There would seem to be, at least initially, no difference between the existing federal regime for ballast water management and Minnesota’s regime. A vessel implementing federal ballast water management plans (BMPs) and conducting ballast water exchange would also be able to obtain a permit to discharge ballast water in Minnesota. Furthermore, the state’s adoption of the International Maritime Organization (IMO) standards, while more stringent than the existing federal standards, would eliminate the problem B A L L A S T W A T E R M A N A G E M E N T Centerpointe Corporate Park • 500 Essjay Road • Williamsville, NY 14221• 716-635-0222• ascinfo@gatx.com• www.americansteamship.com 100 years of experience – positioned for the next century Performance Based Service Oriented Customer Focused American Steamship Company GREAT LAKES/SEAWAY REVIEW July-September, 2008 9 of differing state standards. In addition, on May 19, the Minnesota Legislature passed S.F. 3056, which contained language related to ballast water management. S.F. 3056 requires the operator of a vessel that is designed, constructed or adapted to carry ballast water in Minnesota State waters of Lake Superior to conduct ballast water management operations in accordance with a BMP already require all vessels equipped with ballast water tanks to “maintain a ballast water management plan that has been developed specifically for the vessel that will allow those responsible for the plan’s implementation to understand and follow the vessel’s ballast water management strategy.” (33 C.F.R. § 151.2035(7).) BMPs are also required for vessels flagged by signatories of approved by the Commissioner of the MPCA. The BMP must describe, among other things, the actions to be taken to implement ballast water management, the procedures to be used for disposal of sediments at sea and on shore, the safety procedures associated with the BMP and meet all other requirements as prescribed by the commissioner. The owner or operator of a vessel required to have a BMP must also maintain a ballast water record book and keep it on-board and available for review. According to MPCA draft permit language, the BMP requirements would be consistent with federal regulations. U.S. Coast Guard regulations the IMO’s International Convention for the Control and Management of Ships Ballast Water & Sediments. BMPs, in general, include detailed safety procedures, actions for implementing the mandatory BMP requirements and practices and reporting requirements. For ocean-going vessels entering the Great Lakes, mandatory ballast water management requires ballast water exchange at sea and, as of the 2008 shipping season, saltwater flushing of ballast tanks as required by the St. Lawrence Seaway Development Corporation (SLSDC). Burden of regulation. Even if Minnesota adopts the U.S. Coast Guard and IMO B A L L A S T W A T E R M A N A G E M E N T Continued from page 7 A number of ballast water management regulations are already in place within the Great Lakes region. Both ballast exchange and saltwater flushing techniques are being used by vessels operating in the system. Prototype shipboard ballast water treatment systems have been installed on several vessels trading in the Great Lakes, but are not yet proven in an operational environment. Systems capable of meeting proposed IMO ballast water management requirements are expected to become commercially available in 2009. According to the study, uniform ballast water standards could be the first step in converting a system currently fragmented between two nations and multiple agencies into a comprehensive, cooperative and coherent bi-national system of governance. The committee recommended that the U.S. and Canada also develop a joint surveillance and eradication program to monitor and eliminate any new invasive species that appear in the Lakes. Specifically, the study recommends four actions be taken as soon as possible: • Prevention measures for all ships that pose a risk. Transport Canada and the U.S. Coast Guard should ensure that all vessels entering the Great Lakes after operating in coastal areas of eastern North America take protective measures similar to those required for transoceanic vessels, notably ballast water exchange for ballasted vessels and saltwater flushing for vessels declaring no ballast on board. • Create uniform standards. The United States should follow Canada’s lead and take immediate action to adopt and implement ballast water exchange and performance standards for the Great Lakes that are identical to those specified in the International Maritime Organization’s International Convention for the Control and Management of Ships’ Ballast Water and Sediments. • Improve monitoring for AIS. A bi-national science-based surveillance program should be established to monitor for the presence of new AIS in the Great Lakes. The program should involve dedicated lake teams, as well as academic researchers, resource managers, and local citizens groups, and should leverage existing monitoring activities wherever possible. • Create feedback mechanisms for improving the program. An adaptive process should be established to ensure that policy measures designed to prevent further AIS introductions into the Great Lakes are updated in a timely and periodic fashion to reflect practical experience and knowledge gained through research. The organization responsible for this process should have a bi-national mandate; adequate resources to conduct its work; and the ability to draw on the advice of scientific and policy experts in Canada, the United States, and elsewhere as needed. It should also be widely perceived as independent and free from conflicts of interest, such as the National Sea Grant program. “The Great Lakes shipping community recognizes the importance of addressing the issue of aquatic nuisance species issue and is proactively taking steps through the Green Marine Environmental Program to ensure ballast water management practices are adopted,” Johnston said. The committee noted that many of its recommendations could be enacted within the next two to three years “if Canada and the United States have the necessary political will.” . For a complete copy of the study, please go to www.trb.org/news That Minnesota has taken this action is understandable. Effective ballast water legislation— authored by Minnesota Congressman James L. Oberstar—was passed by the House of Representatives, but short-sighted environmentalists have blocked action in the Senate. Still, a state-by-state approach is not the way to solve this problem. Only federal regulations, applied consistently across the board, will stop future introductions of aquatic nuisance species.” James H. I. Weakley, President Lake Carriers’ Association “ HEAD OFFICE Plac Rodla 8, 70-419 Szczecin, Poland tel. (+48 91) 359 43 33, 359 40 81 fax (+48 91) 359 42 88 email: pzmmanagement@polsteam.com.pl www.polsteam.com.pl GREAT LAKES/SEAWAY REVIEW July-September, 2008 11 standards, shipping companies will still have one more regulatory hurdle to cross. An extra $350 for one state permit will be a minor problem for most, but the additional filing and administration created could affect where vessels choose to load and unload cargo. The best way to illustrate how these additional regulations might come into play is to follow a vessel through a hypothetical voyage around the Great Lakes. Our vessel comes into the Seaway fully loaded with rolled steel. In accordance with U.S. and Canadian law and SLSDC regulations, the vessel has already conducted ballast water exchange and saltwater flushing of its ballast water tanks. The vessel also has a BMP and maintains a record book. After being cleared through the Seaway, the vessel travels to a Michigan port to offload its cargo. All ocean-going vessels operating in Michigan ports must obtain a permit from the Michigan Department of Environmental Quality (MDEQ). To obtain the permit, the vessel must certify that it does not discharge aquatic invasive species (AIS) into state waters. Since our vessel is arriving fully loaded and plans to take on water as it unloads, there will be no discharge of ballast water. The vessel would now pay $75 for the certificate of coverage and a $150 annual permit fee. If the vessel is loading cargo and discharging ballast water, it must demonstrate that it uses “environmentally sound technology and methods” to prevent the discharge of AIS into state waters. MDEQ has approved four treatment methods, but those methods have not yet been tested or approved by a recognized authority such as the U.S. Coast Guard or IMO. Having unloaded its cargo in Michigan, our vessel travels to Duluth, Minnesota to pick up Durham wheat. Because the vessel would need to discharge ballast water as the cargo is loaded, it needs a permit from the MPCA, requiring submittal for a second state permit. If the trend continues, each Great Lakes state, as well as all coastal states, could conceivably require its own individual permit, BMP and treatment technology choices. So, the question becomes: which states will vessel owners and operators choose to do business in, which standards and regulations will they choose to meet and do they trust that required adaptations will be accepted long enough to useful life cycle to determine what investments they are willing to make (this could drive vessels out of service in an already tight supply chain). Federal Clean Water Act. If the trend towards state regulation continues, it is hard to imagine a future in which vessels have to obtain separate permits from each of the eight Great Lakes states. Many hope amortize their investment? Ocean-going vessels trade world-wide and may simply avoid the Great Lakes. Lake bound vessels will have to decide where they are in their such a future can be avoided through federal action. On June 17, 2008, the U.S. Environmental Protection Agency issued its Draft NPDES General Permits for Discharges Incidental to the Normal Operation of a Vessel. This general permit would cover ballast water discharges from commercial vessels and apply in all states, even Michigan and Minnesota. Under the Clean Water Act (CWA), states which have assumed responsibility for the federal NPDES permitting program may regulate discharges not covered by federal law, such as ballast water. However, where state programs have a greater scope of coverage than “required” by the CWA statute and EPA regulations, that additional coverage is not considered by EPA to be part of the state’s authorized program. As a result, no state is currently authorized to issue NPDES permits for incidental discharges. States will need to obtain approval from the EPA if they wish to issue such permits in the future. This interpretation of “authorized program” will effectively preempt existing state ballast water programs upon EPA’s issuance of its Final NPDES General Permits for incidental discharges later this summer. EPA’s proposed general permit for discharges incidental to the normal operation of a vessel has two tiers. EPA proposes to require BMPs and impose effluent limits on commercial and recreational vessels greater than 79 feet in length. Such vessels will need to submit a notice of intent to receive permit coverage to obtain authorization for the discharges. Recreational vessels less than 79 feet in length would be required to implement BMPs, but a notice of intent will not be necessary. Commercial vessels less than 79 feet in length are excluded from the proposed permit. . B A L L A S T W A T E R M A N A G E M E N T Our members own and operate ships worldwide and follow regulations established by federal governments of nations, including the United States, which are based on international conventions established at IMO. In the Great Lakes, Canada has legislation governing ballast water, the Seaway [SLSDC] introduced new regulations in 2008, the EPA is working on a permit and now with individual states getting involved, ships could end up having to obtain an additional eight different permits, none of which brings anything new to the table in the fight against aquatic invasive species. It is a bureaucratic nightmare. Our vessels are already using the best known deterrent to AIS, salt water exchange, and none of these new state regulations are going to make any difference in industry’s determination to be 100 percent sure that the threat of invasive species have been eradicated.” Michael Broad, President Shipping Federation of Canada “ For relief of headaches and pain due to congestion… …Use as directed. cargo Canada Steamship Lines 759 Square Victoria Montreal, Quebec H2Y 2K3 T: (514) 982-3800 • F: (514) 982-3802 • ships@cslmtl.com • www.csl.ca GREAT LAKES/SEAWAY REVIEW July-September, 2008 13 I N T E R V I E W Great Lakes/Seaway Review: What is your definition of a pilot? Willecke: A pilot’s primary responsibility is the safe navigation of a vessel; to get from Point A to Point B as safely as possible while protecting not only the crew, the vessel, the cargo and the infrastructure (bridges, locks, docks), but also the environment. Many times I’ve stopped ships when they were going to dump something over the side, something they might do in the middle of the ocean. I say, “Wait a minute, this is the Great Lakes, you can’t do it.” You wonder what would happen if they didn’t have a pilot on board. Now there’s the security issue as well. We’re usually the only American (or, as the case may be, Canadian) who’s aboard an allforeign vessel. If we see something that shouldn’t be going on, we report it to the Coast Guard. We also have intimate knowledge of the area. We know the waters, the ports, the rules of the road. It’s all-encompassing. Great Lakes/Seaway Review: What are the qualifications to become a pilot? Willecke: You have to be a licensed, firstclass pilot for the waters. You have to have three years of service in a licensed position on a Great Lakes vessel or comparable experience. You make an application to the Coast Guard and they verify your qualifications. Then the Coast Guard circulates the approved applications to the districts. [Note: In addition to two all-Canadian pilotage organizations in the Canadian section of the St. Lawrence River, there are three districts operated by U.S. entities: the St. Lawrence Seaway Pilots Association in the binational section of the St. Lawrence River and Lake Ontario; Lakes Pilots Association in Lake Erie, the Detroit River, Lake St. Clair and the St. Clair River, and Western Great Lakes Pilots Association in Lakes Superior, Huron and Michigan and the St. Marys River.] We look at the applicant’s experience and, if he has a master’s license, he has precedence over someone who doesn’t have a master’s license. We try to get the most experienced people we can. Great Lakes/Seaway Review: How many pilots are there in your jurisdiction? Willecke: We usually have 19 Americans and four Canadians, but we’ve recently had a death and one fellow returned to the laker industry. We’ve had a slow season so far, so we haven’t filled the two openings on the roster. The Americans are employed by Western Great Lakes Pilots and are partners in our association. We dispatch the Canadians, but they’re actually employed and paid by the Great Lakes Pilotage Authority of Canada. Great Lakes/Seaway Review: How many people are on your support staff? The value of a pilot Pilots know the waters, the ports, the rules of the road Don Willecke is completing his 20th year as an oceangoing ship pilot on the Great Lakes and his 10th as President of the Western Great Lakes Pilots Association. When he says, “I really shouldn’t be here,” he’s not referring to his career or his office in Superior, Wisconsin. He’s talking about his life. He came within inches of losing it in his first year as association president. An Indian ship, the Nand Rati, was docked at Duluth’s General Mills elevator on Dec. 10, 1999, when a pilot dispatcher got a call saying the ship had failed a cargo hold inspection and must be moved immediately to anchorage. Willecke drove directly to the ship and, in his haste, forgot his life vest in the car. An hour or so later, with the ship a mile and a half offshore, Willecke climbed over the port side and began descending a rope ladder. The pilot boat, a small tug called the Sea Colt, waited some 30 feet below. At about the third step, Willecke looked up at the mate on deck and said, “You know, this is really icy.” Just then, both feet slipped off the rungs and, with the jolt, so did his hands. “Halfway down, my left leg caught in one of the rungs and I got flipped upside down,” Willecke said, “and now I’m going down headfirst. I think catching my foot was enough to push me a little to the side and the deckhand, Dan Edholm, also pushed me at the last moment, so I missed the tug. “I remember hitting the water and that it was cold, but I didn’t involuntarily inhale like they say you do. I remember seeing the side of the ship from underwater and seeing the tug, and I came up.” The Sea Colt had about three feet of freeboard. Willecke, who then weighed about 360 pounds, couldn’t pull himself aboard and the tug’s captain, Ed Montgomery, and Edholm couldn’t pull him up. After several frantic minutes, Montgomery rigged an eye in a line, tied it to the rail and dropped it over. Willecke managed to get a foot in the eye and the two men hoisted him aboard. “I was in the water about 10 minutes, and I had started to lose feeling in my legs and arms,” Willecke said. “Later, at the hospital, they said my core temperature had dropped five degrees. “They put three stitches above my right eyebrow. My forehead had just nicked the tires on the bow of the tug. If I had been two or three inches closer to the tug, I would have been killed instantly. “I really shouldn’t be here—but for the grace of God and the help of those two guys, I wouldn’t be.” Willecke, now 50, is a native of Appleton, Wisconsin and a 1982 graduate of the Great Lakes Maritime Academy. He worked on a small towboat in San Diego, California prior to attending the academy. After graduation he worked on tugs in the Houston area. He returned to the Great Lakes in 1985 and was a relief mate for various fleets before becoming a second mate with Oglebay Norton. He joined Upper Great Lakes Pilots, Inc., predecessor to Western Great Lakes Pilots, in 1989. He and his wife, Sue, reside in Traverse City, Michigan and have two children, Jeffrey and Elizabeth. In this interview, he talked with retired Duluth Port Director Davis Helberg, who was chief dispatcher and assistant administrator with Upper Great Lakes Pilots from 1972 to 1976. Don Willecke I N T E R V I E W Willecke: Six: an accountant, a secretary and four dispatchers. Great Lakes/Seaway Review: With such a large district, how are the pilots deployed? Willecke: We have five assigned to the St. Marys River, I usually cover Duluth- Superior Harbor and everyone else is translake. Years ago, when there were a lot more pilots, there were seven in the river, three in Chicago, one in Milwaukee, at least one in Thunder Bay and two in Duluth-Superior plus the translakes. There’s no longer enough work to have someone regularly assigned to Chicago, for example. Business changes. A lot of Chicago’s traffic has shifted to Burns Harbor, and there are no harbor moves there…you’re in, you’re out. Great Lakes/Seaway Review: What’s the greatest challenge for a pilot? Willecke: The weather, especially fog. We have electronic aids now, but if there’s fog…well, look what happened last year in San Francisco, where a pilot departed in fog when the other pilots didn’t. [Note: A container ship struck the Bay Bridge on Nov. 7, 2007, causing a major oil spill.] Now the pilot’s facing criminal charges—because of weather and a possible error in judgment. We’re only human, we can all make errors in judgment, but it’s now more serious than ever before. Great Lakes/Seaway Review: What about communication on the bridge? Willecke: Communication isn’t as bad as it used to be. When I started, sometimes only the captain and maybe the cook spoke English. I had some ships where they’d have the cook on the bridge, translating. But now, most of the crews are instructed in English. It’s part of their training, so it’s rare to find someone who can’t speak some English. Holding a political conversation is different from rudder commands and engine commands. Great Lakes/Seaway Review: In terms of ship-handling, is the St. Marys River the most demanding for a new pilot? Willecke: I think the most challenging, especially for a new pilot, is the Calumet River in Chicago. It’s extremely narrow, with barges, a lot of bridges and a lot of curves. It takes two or three hours, depending on how many bridges are working. I think anybody here would tell you it’s the most challenging area. And then after that, probably the St. Marys River. Great Lakes/Seaway Review: There are those who say the three U.S.-Canadian districts should be consolidated into one super district. They contend this would reduce costs for administration and overhead and therefore help to reduce the rates. What’s your view? Willecke: The Great Lakes is a huge area. It’s akin to the whole East Coast. Imagine having one pilotage organization for the entire East Coast. Our district, stretched out over three lakes, is about as big as you want to get. If you had pilots that did everything in all the Lakes, you wouldn’t have pilots as specialists any more. It’s the same thing with the support staff. The people who do the billing and the dispatchers know this area; they know the ports and the docks, the agents, the port officials; they know the most economical way to get pilots to their assignments. The Coast Guard commissioned a study by Martin & Associates a few years ago and found that in a roundtrip voyage from Europe, Great Lakes pilotage represented just one percent of the total cost. The agents like to say, “Well, we only take pilots on the Great Lakes, not on the ocean,” so they limit the comparison to the Lakes portion. But when you look at it voyage-wide, it’s a low cost. I don’t begrudge the agents or the ship 14 www.greatlakes-seawayreview.com I N T E R V I E W operators for their views on the rates. If I were in their position, I’d probably do the same thing. But that’s the way it goes. It’s business. But with all that’s at stake, you’ve got to have local expertise. And we do share a dispatch office, for example, with the pilots in Port Huron, and we also use their pilot boat. We make every effort to be as lean an organization as possible. Great Lakes/Seaway Review: The Coast Guard sets the rates. How do you feel about the process? Willecke: It could be better, but it’s been worse. The formula used by the Coast Guard is supposed to be transparent, but it’s based on assumption. The director of pilotage, who is a Coast Guard civilian, annually projects how much traffic there will be and then sets the pilots’ target compensation and anticipated expenses. If the ships come, fine. If the ships don’t come, the bills still have to be paid. We haven’t achieved target compensation for many years. Great Lakes/Seaway Review: You’ve seen a lot of changes since you started. Would you describe some of them? Willecke: There have been monumental strides in the past 20 years in electronics and navigation technology. When I started, we relied mostly on radar with old vacuum tube displays and did collision plotting with grease pencils on the screen. Some radars, especially those from the Soviet Union, had controls labeled in Russian, so we didn’t know what they were for. You had to turn a knob to see what it did, and then figure out the rest of the controls. Some pilots would label the control knobs in English with a pen and masking tape. More than once, I messed up a radar so bad that I had to get the officer on watch to “tune it up.” LORAN C was a radio positioning system used to plot position by taking several sets of numbers and interpolating them on to the chart. We took visual bearings and used navigational techniques that have been replaced by electronics. Today, radars are computerized and displayed on a large flat screen monitor. The grease pencil has been replaced by ARPA (Automatic Radar Plotting Aid) that plots nearby vessels to assess potential collisions and lets you take the best course of action. We also have Differential GPS that gives accurate positioning data on the radar screen or an electronic chart display. And AIS (Automatic Identification System) allows us to see other vessels on an electronic display while also transmitting our position for other vessels to see. This has been a great help in assessing open water situations as well as avoiding congestion in harbor or lock areas. We still use the marine VHF a lot, but now you only call those vessels you really need to talk to. Our pilots all carry laptop navigation computers. They utilize an electronic charting program that connects to the ship’s AIS, so the positions of other vessels in the area are displayed along with our own. One thing we keep in mind is that all of these electronic systems can fail or provide faulty information at any time. That’s why we don’t rely on any single piece of equipment. We take all sources of information available to assess a situation and make sound decisions. Since we have intimate knowledge of the local area, we’re able to more easily determine what equipment may be providing false or misleading information— and that’s something an unfamiliar foreign crew can’t do. If all else fails, we go back to our experience and our eyes to make the best decisions for the safety of the vessel. That’s the value of a pilot. . DOCK SITE/MARKETING OFFICE 100th St. and Calumet River, Chicago, IL 60617 Tel: (773) 375-3700 • FAX: (773) 375-3153 • E-mail: kramert@kochind.com Coal Blending STOCKPILING Transloading The most modern, innovative and customer-oriented transfer terminal in mid-continent North America will save you time and money in the movement, storage and transfer of your dry bulk cargo. With ease and dispatch. Worry free. KCBX will receive your cargo from rail cars, trucks and river barges. 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GREAT LAKES/SEAWAY REVIEW July-September, 2008 15 GREAT LAKES/SEAWAY REVIEW July-September, 2008 17 M A N A G I N G T H E L A K E S The Great Lakes-St. Lawrence River Basin Water Resources Compact, a U.S.-Canadian policy, has been approved by the U.S. Senate, with the House still considering the legislation. Sustaining the Lakes Great Lakes Compact awaits federal approval Great Lakes states: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin. Canadian provinces Ontario and Quebec are participating on a good faith basis. Upon expected Congretional comment, the Compact must be signed by the President to become law. Federal approval is anticipated sometime this year while the provinces of Ontario and Quebec—who are not officially part of the Compact—are enacting a companion agreement as an act of support. Ontario has passed its legislation. Quebec has just introduced legislation, which is expected to pass this fall. The Great Lakes Compact would attempt to preserve water levels through a series of assessments and withdrawal limits. It mandates a water resource inventory, a periodic impact assessment and calls for registration of water withdrawals in amounts of 100,000 gallons per day or greater in a 30-day period. Unanimous approval by member governors and premiers would be required for diversions not outlined by the Compact. But diversion is not the sole adversary to Great Lakes water levels. Under Compact rules, states forfeit the ability to act unilaterally; however, they gain a voice in decisions affecting their interests. Each state enacts its own implementation rules. Picking up speed. Although there is no sunset clause on the Compact, there is growing concern that if it doesn’t get through the legislature, the issue may fail in light of the Great Lakes states’ declining population. Following the 2010 U.S. Census, the Great Lakes states are expected to lose representation in Congress, which must give final approval to the Compact. With fewer elected officials representing them, passage of the Compact could become more difficult. This agreement has been in the making for close to decade, following the issuance of a permit for bulk water diversion by Ontario. In the 2000 Water Resources Development Act, Congress directed the The Compact is designed to prevent outof- basin diversion and strengthen regional conservation and resource management through uniform standards. Over a threeyear period, it has been ratified by the eight The Great Lakes-St. Lawrence River Basin Water Resources Compact would prevent out-of-basin diversion and strengthen regional conservation and resource management through uniform standards. and probably will be again,” said Glen Nekvasil, LCA Vice President-Corporate Communications. “We have to be prepared.” While the Lakes contain six quadrillion gallons of water, precipitation replenishes only one percent of the Great Lakes System. Siphoning enough water to further drop levels is not impossible. “There are examples around the world of major lakes where withdrawals were assumed not to be a problem and over time have led to drastic impacts,” said Jon Bartholic, PhD, Director of the Institute for Water Research at Michigan State University. Central Asia’s Aral Sea, once the fourth largest lake in the world, began receding in the 1960s when the Soviet Union diverted water from its tributaries for crop irrigation. By 2004, diversion reduced it to 30 percent of its original surface area, leaving behind a host of environmental, economic and human health problems, according to the World Bank, which in 2001 approved funding for an $89 million rehabilitation attempt. “All indications are global climate changes are occurring and it may have a very significant impact in the future,” Bartholic said. Global modelers, climate experts and those studying water balances in the Great Lakes expect the trend toward lower lake levels to continue, he said. Facing a pivotal moment in Great Lakes history, stakeholders must reach a balance in protecting both ecological and economic interests, according to the watershed expert. “We need to work on having a consensus among environmentalists and businesses and to get a good structure in place,” Bartholic said. With water levels remaining below longterm averages and western states eyeing the Great Lakes to quench growing thirsts, supporters of the bi-national Great

Maritime Editorial