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Today, Congressman Paul A. Gosar, D.D.S. (AZ-04) released the following statement after participating in a House Natural Resources Committee hearing titled, “Recent Changes to Endangered Species Critical Habitat Designation and Implementation” where the Congressman questioned U.S. Fish and Wildlife Service (Service) Director Dan Ashe about unwarranted boating closures made last May in a 1/2 mile backwater area in Lake Havasu as well as additional arbitrary boating closures the Service is now pursuing as a result of the Draft Compatibility Determination announced last week:
“Rather than attempting to defend his agency’s motorized boating closures for Lake Havasu, Director Ashe decided it was best to act like he knew nothing about them. I find that hard to believe given his Deputy Director was well-versed on this topic during a hearing less than a month ago, and because my staff informed the Service that I would be asking the Director about this topic during today’s hearing. I can’t say that I blame him though as the Service’s actions on this issue are indefensible. Closing motorized boating in an area utilized by recreational enthusiasts for decades, two days before Memorial Day Weekend, without public comment, and without merit is appalling. Pursuing massive new closures not based on science less than a year later is outrageous.
“If implemented the shortsighted proposal announced last week will cause substantial socio-economic impacts, harm navigation and commerce on the River, significantly damage the local economy and deprive a significant recreation resource to the public at large. Such changes should not be made unilaterally and should undergo a full Environmental Impact Statement. It is outside the administrative authority of the acting refuge manager to pursue closures of this magnitude without a full analysis under NEPA. Since Dan Ashe claimed he didn’t know much about this critical topic causing significant harm to Lake Havasu, I took it upon myself today to educate him. I will continue to do everything I can to fight these unwarranted closures.”
Background:
On April 13, 2016 the Service announced a draft recreational boating Compatibility Determination (CD) for the Havasu National Wildlife Refuge and the agency’s intent to pursue massive motorized boating closures on Lake Havasu. In the CD announcement, the Service stated it would hold two public meetings in Nevada on the same day, Tuesday, May 3, 2016, at the Avi Resort and Casino. The service is also taking comments for 30 days on these unwarranted closures. Click HERE to read more.
On May 20, 2015, the Service issued a News Release that established new boating restrictions and expanded the no wake zone within the Havasu National Wildlife Refuge, effectively closing motorized boating in an area that had been utilized by recreational enthusiasts for decades. This order was “effective immediately” and the newly closed areas were quickly marked with regulatory buoys and signs. This order was implemented by the acting refuge manager without engaging local stakeholders or providing an opportunity for public comment. These arbitrary closures also became effective two days before Memorial Day Weekend, a very important tourist weekend for Lake Havasu. On a conference call on March 31, 2016, the Service admitted that the idea to close this area was first initiated by complaints made by two paddle boaters.
On June 24, 2015, Congressman Gosar sent a letter to the Service demanding the agency rescind the new restrictions implemented on May 20, 2015, and pursue a community-supported plan for resolving this situation. Click HERE to read the letter.
On July 10, 2015 the Service sent a poorly worded response to the June 24th letter stating that the “Service recognizes the importance of public involvement in decisions regarding visitor use on the Refuge. Also in the July 2015 letter, the Service stated this arbitrary closure was allowed under its regulations in the form of (50 CFR 32.22). However, this particular regulation deals with regulations for hunting and fishing in the Refuge, not motorized boating.
On August 28, 2015, Congressman Gosar’s office submitted a Freedom of Information Act (FOIA) request to the U.S. Fish and Wildlife Service seeking all relevant information on this closure. Click HERE to read the letter.
On December 10, 2015, the Service responded to Congressman Gosar’s request. The FOIA request revealed that two residents made up lies and encouraged the agency to take this action. The FOIA request also revealed that the agency initially opposed taking such action. Multiple emails from the acting refugee manager indicated that the agency believed it couldn’t arbitrarily close the channel and if they chose to pursue such a closure the agency would be required to hold a 30-60 day public comment period. An email from the acting refugee manager’s boss stating that a closure would likely meet resistance and require NEPA compliance was also discovered in the request. Ultimately, the Service failed to comply with NEPA prior to making the May 2015 closures.
On March 22, 2016, Congressman Gosar hammered U.S. Fish and Wildlife Service Deputy Director Jim Kurth during a House Committee on Natural Resources committee hearing over this arbitrary closure and demanded the agency reopen this part of Lake Havasu to motorized boating. Click HERE to watch the video.
Following that hearing, Service staff reached out to Congressman Gosar’s staff and scheduled a conference call. The call took place on March 31, 2016, and lasted 1.5 hours. During the call, Service staff repeatedly tried to mislead the Congressman's staff by indicating that the agency had heard Congressman Gosar’s concerns. The Service stated they would be commencing a public comment period and holding a public listening session on this matter sometime in April and May respectively. When pressed on the call, Service staff indicated that reopening the ½ mile arbitrarily closed in May 2015 would not be an option in the new CD. Congressman Gosar’s staff asked if reopening any of the 17.5 miles currently closed to motorized boating within the Refuge would be an option and the Service responded saying no, making very clear that the intent of the agency’s new CD is to pursue more boating closures on Lake Havasu.
On the March 31 conference call, Service staff indicated that an increase in boating violations in this area were part of the reason for this closure and that there had been 12 citations since 2012. That’s around three per year. The Service also indicated that the impact on migratory bird habitat contributed to the closure. Yet, Service staff admitted that they had no data or environmental studies which documented any wash outs of threatened or endangered species nests prior to making this arbitrary decision. In fact, when asked if wakes had harmed wildlife in this area, staff stated, “I assume the answer is yes.” “Assume” proves no proof actually existed.
Following the March 31 call, Congressman Gosar submitted pointed questions for the March 22 Committee hearing record. Service staff also promised to send maps and various follow-up information in response to questions from the Congressman's staff. To date, neither Congressman Gosar or his staff have received a response to questions for the record or any of the information the Service promised to send.
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