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Today, Congressman Paul A. Gosar, D.D.S. (AZ-04) released the following statement after meeting with Regional Director of the U.S. Fish and Wildlife Service (Service) Benjamin Tuggle and sending a letter to reiterate concerns about the draft recreational boating Compatibility Determination (CD) for Havasu National Wildlife Refuge announced by the U.S. Fish and Wildlife Service (Service) on April 12, 2016, which threatens to close significant portions of Lake Havasu to recreational boaters:
“The CD falls on the heels of a closure made by the Service last May that restricted motorized boating within the Havasu reservoir in an area that had been utilized by recreational enthusiasts for several decades. The Service enacted the May 2015 restrictions two days before Memorial Day Weekend without engaging local stakeholders or providing any opportunity for public comment.
“Considering all of the restricted areas already in place, the cumulative impact of further restrictions proposed in the CD is significant to the recreating public. The Service should have gone through the normal scoping process given the magnitude of the proposed restrictions and because the agency knew the CD would likely generate significant controversy. This process includes issuing a notice of intent, preparing an environmental impact statement and fully complying with the National Environmental Policy Act. I truly appreciate Regional Director Tuggle taking the time to meet with me today and hear concerns about the Service’s flawed proposal. I hope he gives serious consideration to my three primary requests.”
Background:
The full text of Congressman Gosar’s letter sent to Regional Director Tuggle after today’s meeting can be found HERE.
Congressman Gosar’s three primary requests of Director Tuggle in the meeting and subsequent letter include:
1. Stop moving forward with the current draft recreational boating Compatibility Determination (CD) announced April 12, 2016 that aims to prohibit water-skiing, wakeboarding and tubing in significant areas on Lake Havasu. If the Service is intent on pursuing such large restrictions, the agency should instead go through the normal scoping process, prepare an environmental impact statement and fully comply with National Environmental Policy Act from the outset.
2. If Director Tuggle chooses to move forward with the CD, Congressman Gosar asked that he personally make the final decision as to whether or not to implement the CD and remove that decision from the current refuge manager. The current refuge manager has demonstrated a clear conflict of interest and disregard for public involvement in this process.
3. Congressman Gosar again requested a 60-day extension of the public comment period.
Additional Information/Timeline of Events:
On April 12, 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. The Service is currently taking comments for 30 days on these unwarranted closures. Click HERE to read more.
On April 20, 2016, Lake Havasu City Mayor Mark Nexsen sent a letter to Havasu Refuge Manager Linda Miller and U.S. Fish and Wildlife Service Director Dan Ashe raising various concerns about the draft compatibility determination, asking for a 60 day extension of the comment period and asking for a public meeting in Lake Havasu City.
On April 21, 2016, Congressman Gosar delivered Mayor Nexsen’s request in person to Fish and Wildlife Service Director Dan Ashe during a House Oversight Subcommittee on Interior Committee hearing.
On April 21, 2016 at 7:59 pm Arizona time, the U.S. Fish and Wildlife Service announced “that a third meeting will be held in Lake Havasu City, Arizona from 6pm to 8pm on May 2, 2016.” Due to concerns about room size, the May 2nd hearing will now be held at Relics and Rods Hall Lake Havasu City Community/Aquatics Center, 100 Park Avenue, Lake Havasu City, Arizona 86403.
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 the May 2015 boating restrictions 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 wake activities 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 motorized boating closures on Lake Havasu.
On the March 31, 2016 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 evidence actually existed.
Following the March 31, 2016 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.
On April 19, 2016, Congressman Gosar questioned U.S. Fish and Wildlife Service Director Dan Ashe about unwarranted boating closures made last May in a ½ mile backwater area in Lake Havasu as well as massive new boating closures the Service is now pursuing as a result of the Draft Compatibility Determination announced April 12.
On May 20, 2015, the Service issued a News Release that established new boating restrictions and expanded the no wake zone, effectively closing motorized boating in a ½ mile 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 the May 2015 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.
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