Well, it's official! After an exhausting effort to keep the proposal alive through the regulatory process and after the MDEQ mishandled the public opinion process causing another delay (which is the first time this has ever happened in Michigan), the GTBUP is official as of June 6th, 2008. Back in early September, 2005, 2 members of the GTBUP group (before they officially incorporated as a non profit) met with a member of the MDEQ with two proposal ideas;
- Create an underwater preserve;
- To intentionally sink a vessel.
After a 25 minute discussion, the MDEQ stated that they will deny it based on two criteria;
- There's no committee to review the proposal process (Meaning the Michigan Underwater Salvage and Preserve Committee - MUS&PC, with Governor appointed members)
- The state has no money
Now keep in mind that this wasn't an official proposal and when asked “what would it take to get this committee formed?”, the MDEQ said that we would need support from a Senator.
So, with enough information in hand, these two GTBUP members set off to meet with their local Senator, (Jason Allen). He acknowledged the situation and was willing to help and forward them to State Rep. Howard Walker (Grand Traverse County). 15 minutes later they were talking with Mr. Walker and he agreed to write a letter of support of this re-formation of a committee to get the GTBUP started. Within 2.5 months, the Governor was signing a letter approving the formation of the Michigan Underwater Salvage and Preserve Committee.
One of the public members appointed was removed for reasons unknown and in one of the new meetings of the MUS&PC, a question was raised about how long would it take to fill the spot, the Sate Archaeologist, John Halsey, said "a couple of years if we're lucky". Senator Michelle McManus wrote a nomination letter nominating Greg MacMaster to fill that open position and within 4 months, that position was filled. The committee was now complete.
In the meantime, the GTBUP was drafting a bottomlands proposal to submit for review by the MUS&PC which started in October 2005 and was finally submitted in summer 2006.
Public Hearing Process: The process allows for the public to make comments in support or opposition and is held at the location where the preserve would be based (office), in this case, Traverse City. The first (and only Public Hearing meeting) was scheduled for May, 2007. Full support was taped and it lasted about 30 minutes. After 6 weeks, the GTBUP was informed that the Public Hearing process had to be redone as the MDEQ failed to receive an invoice from the Lansing State Journal that showed the posted meeting was scheduled. There has to be 3 postings in various newspapers and one was missing. The next scheduled hearing would now be in early September.
When investigated, the Lansing State Journal said they never received any request from the MDEQ to run the posting and that their system to catalog these requests is detailed. The LSJ stated that the MDEQ never sent it over. So a request to the MDEQ for proof to show the request was made revealed nothing as the MDEQ couldn't find it. They could find the prior cycle of requests and the cycle afterwards, but not that specific request. The MDEQ said this was the first this has ever happened.
The second Public Hearing Comment period went well with all attending in favor of the formation. The process now was repeated and had to go through the Joint Commission on Rules (JCAR) and SOAHR. This process eventually made its way to the Senate and State House of Representatives which is required and it needed to go through the 15 day sessions (which is about 5 weeks) before it would be returned to SOAHR. Then SOAHR would pass the approved proposal to the MDEQ executive Committee for a final "stamp of approval". This took two weeks and the final notification came as follows;
"I am pleased to inform you that the necessary paperwork has been filed and effective today the Grand Traverse Bay Underwater Preserve is officially created. Congratulations to you and the Council. The official rule promulgation process has been completed and the Preserve is now official. I look forward to working with you, the Council and those interested in the preserve in the future.
Sincerely,
Carol Linteau
DEQ Legislative Director
Maritime Culture Advisor"
Now that the GTBUP is official, what now?
Many have wondered what is going on with the intentional sinking. The only rule on an intentional sinking was that there could no visible sheen from the vessel as it sank. How to make sure it was clean was left up for discussion and nobody in the MDEQ was talking. So, the GTBUP set out to look for guidlines and if there weren't any, they would draft them. Well, it just so happened that the National Guidlines for Artificial Reefing was in place nationally and either our MDEQ was ignorant to its publication or they knew about it and wanted the GTBUP to work hard towards an intentional sinking guidelines.
The two sinkings back in the 1990's (both in Lake Superior) were proof that it has been done. One was a US CG vessel that ran aground and the other was a private vessel, which was intentionally sunk for use as a recreational dive. According to Michigan Law - The vessel off Munising is abandoned, however the MDEQ has taken opposition and feel it is not but can't show any proof. Some actually feel that what the MDEQ says is law! But when challenged – the MDEQ will refuse to comment and do nothing to answer what they claim is true.
Anyway, there were no guidelines to make sure these vessels were clean BEFORE they were intentionally sunk. Why did it take a private non-profit organization to ensure environmental standards were made and adhered to? Isn’t that the job of the MDEQ? When the MDEQ was asked, they said that the GTBUP would have to probably draft them and get approval from many federal and national organizations before they would consider it for Michigan. Little did they know that the GTBUP found those national guidlines and had them in hand when the MDEQ made that comment - They handed it over to the MDEQ on the spot and the MDEQ really had no choice but to accept them. Michigan now has guidelines to ensure proper standards are met for intentional sinkings.
Now, the minds of many who want to see an intentional sinking through its completion are playing the waiting game. The MDEQ threw them a curve ball and question their own law! What is abandoned? It's in black and white and yet, the MDEQ created a controversy that brought questions from some who were afraid to question the MDEQ. So letters were written to the AG's office and now everyone in Michigan has to wait for an opinion from the State Attorney Generals office on the issue of "Abandonment" and "Liability". These were the two issues that slowed the Grand Traverse County Board of Commissioners which made them do an about face on their unanimous decision to accept the MV Togue vessel for an intentional sinking.
It was very disconcerting to hear the MDEQ deceive the Grand Traverse County Board of Commissioners with information that conflicts with the Federal Abandoned Shipwreck Act and go against Michigan law and go so far as to personally call three of the county board members suggesting they do not take on the intentional sinking project. “Who is going to accept liability?” said the MDEQ. It's recorded in their September 2007 minutes.
Well according to this law in the definitions section– it’s pretty clear that any abandoned vessel would be the property of the State of Michigan if it’s been deserted, relinquished, cast away, or left behind and for which attempts at reclamation have been abandoned by owners and insurers.
Interestingly enough, Carol Linteau, who is the Legislative Director for the MDEQ, on two separate occasions has said "don't expect an answer back from the Attorney Generals office any time soon". We never knew someone within the MDEQ could be brazen enough to control the Attorney General’s office. Two letters from one State Rep and 2 Senators are on the Attorney Generals desk waiting for an opinion/definition. It's been almost 9 months waiting for one of the letters submitted. Rep. Walker is due to leave office at the end of 2008 and with that; the request for an opinion may go away. It's called the waiting game and the MDEQ is hoping to ride out the elections and see this issue fail. Also, an unofficial call was placed to two different lawyers who work with the Atty. General and both returned the same comment, "Federal Law trumps State Law" and a 1962 Immunity Law protects government, state and city from successfully being sued, so liability wouldn't be an issue. So if two attorney's who work within the State Attorney generals office have the same opinion and have said that's a "non-issue", why is the MDEQ creating problems for the GTBUP to assist in promoting underwater tourism?
Now, back to the U.P. sinking: The Munising intentional sinking, by the definition of the Federal Abandoned Shipwreck Act, is "abandoned", yet the MDEQ doesn't want to recognize federal law and has raised the issue of questionable comments made by the volunteer team willing to assist in the cleaning and sinking of the Togue vessel. MDEQ feels the vessel is not abandoned and the GTBUP (and the person who intentionally sunk the Selvick), says it is. So who's right? Just because the MDEQ states their position does NOT mean that's the State's position. Especially when Carol Linteau is suggesting the Atty General to delay a response, or not respond at all, raises questions of unethical conduct on her behalf. Why delay an opinion from the Attorney general if the MDEQ knows they are right? ..... or are they?
While some are in opposition of an intentional sinking, they have not been able to show any proof that an intentional sinking in bad. With all other coastal states (and Canada) enjoying the millions of dollars in revenue, Michigan (DEQ) is fighting a battle that is restricting tourism opportunities. While it may not sustain tourism (and no single type of tourism does), every facet of tourism, in all seasons, can make the states economic outlook improve. The letters of support tell it all, especially this one. And the best part of all of this, it's a way to recycle responsibly.
There's too much data/information from other states to show the benefits and nothing showing the opposite. And here's the kicker - Florida has signed a Bill into law. The new law, which will establish a matching grant program and will authorize the sinking of decommissioned U.S. Military vessels as artificial reefs, was presented to the Governor after it was unanimously passed by the Florida Senate and House of Representatives this year in early May, 2008.
Here are some links to reference for the Great Lakes.
Latest summary from MSU Scuba Dive Market Research Great Lakes Dive Market Research 2008 MI Tourism Task Force
http://williamcline.com/diving/market-research.html
Some may be against this effort and are calling those who support this efforts "liars", however, there's too much data and supportive evidence to back this project in Michigan. If one sinking brings in 2-4 million dollars in tax based revenue (to that local community) - just imagine if there were 12 strategically placed vessels, from submarines to medium sized war ships, car ferries, friggits and even smaller aircraft carriers sunk within Michigan waters - your looking at 24 to 48 million dollars in tax based revenue.
So if your port city is interested, voice your support and contact your local State Rep/Senator and tell them that this needs to be a project conducted by the State of Michigan. Michigan needs to take back control of tourism from the MDEQ and get Michigan, economically, back on track.
