Contact: Misha Neidorfler 321 E Front Street
Morsels, LLC Traverse City, MI 49684
Phone: 231.421.1353 www.morselsbakery.com
Mobile: 231.715.6281
For immediate release:
Traverse City, MI, March 29, 2017: For the month of April 2017, Morsels
Espresso + Edibles, a specialty bakery, featuring unique, bite-sized baked goods,
will be partnering with FLOW (For Love of Water), continuing an effort to support
the Traverse City community through unique, partnering arrangements. Morsels
has created a custom morsel (their bite-sized bakery goods) for FLOW called,
“for love of rosewater,” which is pistachio-cardamom cake with rosewater
frosting. For each of these morsels sold, Morsels will donate $.25 to FLOW at the
end of the month. The morsels will be available for purchase in the store as well
as on Morsels’ website for shipping from April 1-30.
FLOW is a water law and policy center working to protect the common waters of
the Great Lakes Basin through public trust solutions. We educate, engage, and
empower citizens to protect the Great Lakes now and forever. To learn more
about the systemic threats facing our Great Lakes water and how you can help,
we invite you to visit our web site at www.flowforwater.org.
Morsels Espresso + Edibles, owned and operated by local couple, Jeff and Misha
Neidorfler, offers a selection of specialty, hand-crafted, bite-sized desserts and
savory treats, along with a Michigan-sourced breakfast and lunch menu, and
features specialty coffee and tea from Intelligentsia Coffee and Kilogram Tea.
Morsels has been in business in Downtown Traverse City since 2008.
FLOW’s unique morsel flavor called, “for love of rosewater.” Morsels creates
specialty, bite-sized baked goods and will donate $.25 of each of these morsels
sold in the month of April to FLOW.
Great Lakes Policy Expert, Environmental Historian Joins FLOW
TRAVERSE CITY – Great Lakes water law and environmental policy non-profit, For Love Of Water (FLOW), has hired Great Lakes policy expert and environmental historian, Dave Dempsey, as Senior Advisor.
For the past six years, Dempsey has served as Policy Advisor to the International Joint Commission (IJC). The IJC was established in 1909 by the Boundary Waters Treaty between the United States and Canada and is charged with protecting the common waters and water interests of the United States and Canada.
“We are thrilled and grateful that Dave has chosen to work with our team at FLOW to help protect and preserve the Great Lakes at this critical juncture,” said FLOW Executive Director Liz Kirkwood.
“Dave’s knowledge and experience will enrich and expand the scope of FLOW’s mission to empower citizens and elected officials with information-based risk analysis and with public trust solutions that will protect the health of the lakes, streams and drinking water in the Great Lakes basin for current and future generations,” Kirkwood said.
Dempsey’s 35-year career has included service as Environmental Policy Advisor to former Michigan Governor James Blanchard, presidential appointee to the Great Lakes Fishery Commission, and Senior Policy Advisor for the non-profit Michigan Environmental Council. He has also authored or co-authored nine books including the award-winning William G. Milliken: Michigan’s Passionate Moderate, 2006.
Dempsey said FLOW is unique in its approach to using the centuries-old public trust doctrine as a powerful tool to protect citizens’ legal rights to use the Great Lakes and to hold state governments accountable for ensuring these waters and public uses are protected in perpetuity.
His strong attraction to working with FLOW at this stage of his career, Dempsey said, is based on the opportunity to work with Kirkwood, the FLOW team, and with FLOW Founder Jim Olson, a nationally recognized environmental lawyer, to foster wide understanding and effective use of the public trust doctrine to protect the Great Lakes. But, Dempsey said, his decision is also deeply personal.
“In writing about Michigan’s conservation history, I learned about the men and women of the late 19th Century who laid the groundwork for today’s public forests, fish and game. They were far ahead of their time. FLOW is comparable. Its forward-looking efforts will prevent environmental and economic devastation by assuring public ownership and protection of our water,” he said.
Dave Dempsey,
Senior Advisor at FLOW
FLOW is a Great Lakes water law and policy 501 (c) 3 nonprofit organization dedicated to protecting the common waters of the Great Lakes Basin through public trust solutions.
Get Off the Sidelines on Line 5 and Protect Great Lakes
Responding today to a letter from Attorney General Bill Schuette, citizens groups from across the state told state officials that their decision to “stand on the sidelines” by failing to enforce legal requirements on pipeline operator Enbridge Energy Partners is putting the Great Lakes at risk from a catastrophic oil spill in the Straits of Mackinac.
In a March 8 letter to the Oil & Water Don’t Mix campaign, the attorney general, Dept. of Natural Resources Director Keith Creagh and Dept. of Environmental Quality Director Heidi Grether responded to revelations that protective anti-corrosion coatings were missing from 18 areas of Enbridge’s Line 5 in the Straits. In their letter, Schuette, Creagh and Grether said they would investigate findings in a late 2016 report detailing the missing coatings as well as other evidence calling into question claims by Enbridge that Line 5 is safe.
In their response letter today to state officials, citizens groups told Schuette and other state officials that their failure to assert regulatory authority over Line 5 in the Straits could result in an oil spill that would “devastate our public drinking waters and our water-dependent economy.”
“It is not enough to stand on the sidelines or fail to take action that has the effect of complicity by deferring to Enbridge,” the groups said in their letter to Schuette. “For nearly two years, we have heard our state leaders declare that the days of this pipeline are numbered and that Line 5 wouldn’t be built today. However, the State of Michigan has not taken a single preventative measure to make our Great Lakes safer from a catastrophic oil spill.”
The missing Line 5 coatings, the groups said, violated a 1953 easement agreement with the state and should, at a minimum, have resulted in enforcement action against Enbridge. By instead deferring to Enbridge, the state’s failure to act allows Enbridge to avoid comprehensive review of Line 5 and delays any potential action for months while the state continues to study the pipelines.
“Attorney General Schuette’s urgency in protecting the Great Lakes and our communities from an oil spill seems to be missing,” said attorney Leonard Page of the Straits Area Concerned Citizens for Peace, Justice and the Environment. “We need action now, before Line 5 ruptures and destroys our way of life and economy.”
In April 2016 the Oil & Water Don’t Mix campaign wrote Schuette and other state officials, identifying eight violations of the 1953 easement, including missing pipeline anchors, emergency oil spill response plan violations along with issues related to pipeline coatings in the Straits. While the state notified Enbridge of easement violations, it has yet to require Enbridge to submit to a comprehensive environmental assessment under state law. A current series of studies being done by the state with $3.6 million in funding from Enbridge are advisory.
“What Attorney General Schuette or any state official can’t tell us is how the structural integrity of these pipelines in the Straits are holding up against age, strong currents, missing anchors and missing coatings,” said David Holtz, chair of Sierra Club Michigan Chapter Executive Committee. “They can’t tell us that because they are not taking the kind of enforcement actions that could produce answers. They are not prioritizing protecting the Great Lakes over Enbridge’s profits.”
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Oil & Water Don’t Mix is a campaign supported by 22 organizations and thousands of citizens businesses who want to end the threat of a Great Lakes oil spill by shutting down the flow of oil through Enbridge’s Line 5 in the Straits of Mackinac.
The March 27, 2017 letter to Attorney General Schuette, the March 8 letter to OWDM from Schuette and OWDM’s original letter to Schuette are located here:
Let us ask ourselves today, on World Water Day – led by the United Nations, Watershed Movement, and the Vatican, with the assistance of organizations like Circle of Blue and the World Economic Forum, and many others – just what is the value of water and life? How will we face the world water crisis worsened by greenhouse gases and climate changes?
Everywhere we look, the need for water to survive competes with other uses, and is made more desperate by climate change, droughts, flooding, and rising sea levels. The water crisis is destabilizing countries and communities, leading to insecurity and even war, as we’ve seen unfold in Syria and neighboring countries in the Middle East. Here in Michigan, a similar picture has emerged, as thousands of impoverished Detroit residents struggle to survive in the face of water shutoffs.
In the face of this, there is a cry for the recognition of the human right to water. The United Nations, through two resolutions, has recognized the human right to water and sanitation, yet countries routinely ignore it. Large private interests push for ways to control water, diminishing or opposing the human right to water in favor of serving their own needs and profit motives. And the health of millions of people continues to be threatened.
Value of Water
So the question becomes, just what is the value of water? What are our shared rights, and what of our responsibility to see that climate does not overwhelm the earth, leaving it unfit as a home for our children and other species? What private uses could possibly subordinate the paramount fundamental value of water and life, family, children, health and the common good for people now and for future generations?
The value of water is intrinsic, it is valuable in and of itself, a gift. It is common to all, yet necessary for each person, plant, and animal. Water falls and percolates and flows over the earth, forms springs, wetlands, creeks, streams, lakes, and oceans, and all along the way, of necessity, water flows in common to all life along either side of the watercourse. Water flows and defines watersheds, and watersheds define the ever-present nature of the water cycle. Water falls into the watershed and collects, evaporates, transpires, or flows out of the watershed. Every watershed is a unique building block of life on earth. If the integrity of water and watersheds is protected from harm, from one generation to the next, if it is assured above all rights, needs, and competing use as a commons for all, for the common good, then there is a basis for life to sustain itself now and into the future.
How do we protect the intrinsic value of water as commons for the common good and for each person, plant, animal, and community in a watershed?
Public Trust Doctrine
The answer lies in an ancient principle, drawn from Western civilization, but recognized through custom, culture, and heritage throughout the world, known as the “public trust doctrine.” In modern times, this doctrine was uncovered and elevated by the late Professor Joseph Sax in his seminal 1970 article in the Michigan Law Review. Professor Sax recognized that there is a set of legal principles surrounding water – whether lake, stream, or ocean – that protect its primary uses: navigation, boating, fishing, swimming, drinking, and sanitation. He envisioned a widely applicable tool to manage and address the foreseen and unforeseen threats and demands for water in the world’s future.
The public trust doctrine embodies four basic principles:
Navigable waters cannot be controlled by private interests for primarily private purposes; these waters must be maintained for public purposes.
These public trust waters cannot be materially impaired or diminished from one generation to the next.
Governments where the water flows have a solemn and perpetual duty to protect the integrity of the quantity and quality of water from exclusive or dominant private control and impairment.
Citizens, the people who live in a state or watershed, have a right and duty as beneficiaries to see that these principles are respected and honored.
If we as people, collectively and individually in our watersheds and communities, adhere to these principles, we will respect, honor, and protect the intrinsic value of water. In doing so, we assure water will be available and sustainable for everyone, including the least of us. If we do this for each watershed and the hydrosphere, we will assure that water is protected for the common good and each person of this and future generations. If we do this for the common good, the various competing uses and needs will be subordinate to the overarching public trust, and accommodated within the larger framework.
Public Trust and the Great Lakes
For example, the International Joint Commission, an international body charged by a treaty signed by Canada and the United States to protect the quality and flows and levels of the waters forming the boundaries, or flowing in and out of the two countries, released a report in 2016 on the protection of the Great Lakes in North America. These lakes, together with the St. Lawrence River basin, contain more than 20 percent of the world’s fresh surface water. The IJC recommended that to face the systemic threats to the Great Lakes in the coming decades – climate change, water levels, algal blooms creating massive “dead zones,” privatization and export, invasive species, waste from water mining, virtual water loss associated with other land uses such as farming that export products to other countries – that the two countries, eight states, and two provinces implement public trust principles as a “backstop” to other efforts, voluntary and regulatory. Why? Because, to assure protection and balancing of all needs and uses, there must be a common set of all-encompassing principles that catch the wild pitches, the errors, the miscalculations; in short, principles that like a lighthouse beacon keep societies, communities, businesses, and people from going off course or smashing on reefs.
Take, for instance, the Lake Erie “dead zones” caused by inadequately treated waste and a combination of climate change rainfall events and heavy phosphorous runoff from farms. In 2011, the western one-third of this lower Great Lake turned into an green toxic soup of algae, killing fish, impairing fishing and swimming, and harming tourist and water-dependent businesses. In 2014, algal blooms mushroomed again, this time closing down the drinking water system for 400,000 people in greater Toledo, Ohio. By honoring the public trust rights and responsibilities defined by public trust principles, theses systemic threats and their causal connections – phosphorous discharges and climate change – can be seen as a fundamental violation of the common good of water. By first protecting water as a commons through these public trust principles, everyone is equally required to adjust behavior to conform to the paramount obligation to protect the intrinsic value of water.
For this World Water Day, let us protect water and the human right to water as a commons and public trust. Let us move from competing public and private uses to well recognized rights, under an overarching framework of respect and responsibility. A public trust framework could provide the bridge between the intrinsic, real value of water, and the needs and uses for water on which all life depends.
The intrinsic value of all water, like life, is a gift from God, and compels us to protect water for the common good, now and for future generations. If we do this, we will make wise decisions about water, food, energy, economy, community, and peace and security. Let us start with recognizing and respecting the intrinsic value of water.
Jim Olson President and Founder FLOW (For Love of Water)
If Michigan has ever had an environmental governor, it was William G. Milliken, Traverse City’s son, who turns 95 on March 26.
The woods and waters of the Traverse City area, Milliken said, and particularly summer days at a family cottage near Acme, bonded him to nature in his childhood. That embedded appreciation carried forward into his political career.
Environmental Action
When Milliken became governor in January 1969, the public was clamoring for environmental action. He delivered.
In a January 1970 special message to the Legislature, he said, “The preservation of our environment is the critical issue of the Seventies.” The message contained a 20-point program, including proposals that ultimately became a shorelands protection act and a natural rivers conservation law.
An even bigger achievement that year was the passage, with Milliken’s support, of the Michigan Environmental Protection Act, or MEPA. Granting any citizen standing to sue for the protection of natural resources and the public trust in these resources from pollution, impairment, or destruction, the law had national significance and was imitated in many states.
In 1976, he defied Amway Corp. co-founder and major Republican Party donor Jay Van Andel by backing a tough limit on phosphorus in laundry detergent, a product manufactured by the company. Reduction of the nutrient almost immediately shrank algal blooms in Michigan waters.
The same year, the legislature deadlocked on a proposal to attach a deposit to some beverage containers. Convinced the law would reduce litter and promote recycling, Milliken joined forces with the Michigan United Conservation Clubs to put the proposed container deposit law on the 1976 ballot. Voters approved the law by a roughly 2-to-1 margin. It is still considered the most successful law of its kind in the nation.
Milliken signed over a dozen major environmental bills into law, many of them evolving from his proposals: wetlands conservation, hazardous waste management, inland lakes and streams protection, and what is now the state Natural Resources Trust Fund, a public land acquisition and protection program capitalized by proceeds from oil and gas drilling on state lands. He left office on January 1, 1983 after almost 14 years in office, the longest tenure of any Michigan governor.
Defining Water
In 2011, Milliken said Michigan citizens must think of water “as something sacred, not to be treated as a commodity for barter and trade. If we Michiganders observe this principle in public policy and private actions, there will be no limit to the prosperity of our state. Water will then continue to define Michigan, enrich us in ways that include but reach far beyond dollar values, and be our legacy to generations to come. It is no wonder that our Supreme Court once declared that our streams, lakes, and Great Lakes are held in a ‘high, solemn and perpetual trust.’”
State of Michigan Takes a “Holiday” from Preventing Line 5 Oil Spill Disaster in Great Lakes
Snyder Administration Watches and Waits as the 64-year-old Dual Pipelines Missing Their Anti-Rust Coating and Structural Supports Continue to Use Mackinac Straits as a High-Risk Shortcut to Private Profits
TRAVERSE CITY, MI – The Snyder administration, in two letters (here and here) released Wednesday, indicated it will seek more information, but take no enforcement action, while continuing to accept Enbridge’s assurances that all is well with dual oil pipelines in the Mackinac Straits that the Canadian company itself has indicated are missing portions of an external, anti-rust coating and lacking 18 anchor supports to prevent the pipes from grinding and bending along the bottom and bursting.
The letters – signed by Attorney General Bill Schuette, Michigan Department of Natural Resources Director Keith Creagh, and Michigan Department of Environmental Quality Director Heidi Grether – describe “inviting” Enbridge to explain the company’s September 2016 report that identifies 19 areas along the submerged steel pipes where the anti-corrosion coating is missing. Enbridge’s report euphemistically calls the missing portions “holidays,” industry jargon for areas where the coating has worn or fallen off. The report outlines a plan for assessing Line 5’s integrity where the coating is gone and acidic waste excreted by invasive mussels that blanket the pipes could be causing corrosion.
Enbridge claims that the report is merely “hypothetical,” even though the report flatly states that the external coating is missing and the words “hypothetical” and “theoretical” are not found in the document.
“The State of Michigan is moving in slow motion to question Enbridge’s claims that its own report doesn’t mean what is plainly says,” said Liz Kirkwood, an environmental attorney and executive director of FLOW, a Traverse City-based water law and policy center dedicated to upholding the public’s rights to use and benefit from the Great Lakes. “When the pipelines finally fail, will the state invite Enbridge to explain what the thick, black substance is pouring out of the 64-year-old pipes and into the drinking water source for nearby Mackinac Island, St. Ignace, and roughly 5 million Michiganders?”
The state issued its March 8 letter in response to February 17 correspondence from the Oil & Water Don’t Mix campaign, which FLOW co-leads with several other leading organizations, that raised grave and detailed concerns about the condition of Line 5 and called for its immediate shutdown.
An Enbridge representative is expected to explain its report at the March 13 quarterly meeting in Lansing of the governor-appointed Michigan Pipeline Safety Advisory Board, whose members include Attorney General Schuette. The advisory board is overseeing the completion of two nominally independent studies funded by Enbridge: one on the financial risk to communities and the Pure Michigan economy of a Line 5 oil spill in the Mackinac Straits and the other on alternatives to the aging pipeline that could avoid such a disaster. These two studies are expected by June 2017.
Enbridge is infamous for leaking more than one million gallons of heavy tar sands oil into the Kalamazoo River watershed near Marshall, Michigan, in 2010, fouling nearly 40 miles of the river and shore, sickening numerous people, harming wildlife, and forcing more than 100 families to permanently abandon their homes and property.
The failure to adequately maintain the Line 5 pipelines, including a lack of supports to prevent bending of the pipeline – is a breach of Enbridge’s 1953 legal easement agreement with the State of Michigan that allows the company to occupy public waters and state bottomlands. The failures documented in the Enbridge report add to the mounting evidence of the unacceptable risk that this infrastructure poses to the Great Lakes.
A three-minute video of Line 5 pipelines in the Straits, researched and edited by FLOW’s engineering expert Dr. Ed Timm, reveals the physical deterioration of Line 5, with missing and dislodged coating, broken bands, detached wooden structural slats, unsupported segments, and possible rust and pitting.
In addition, a just-released technical note prepared by Dr. Timm regarding Line 5 reinforces the urgent need for the state to immediately shut down Line 5 while it evaluates the integrity of the aging infrastructure that pumps nearly 23 million gallons of oil a day through the Mackinac Straits before eventually reaching refineries in Sarnia, Ontario. Specifically, this technical note concludes the following:
Line 5 is not immune to corrosion and stress cracking despite its thick walls, contrary to Enbridge’s claims;
The asphalt enamel based coating system is compromised or missing on many areas of the pipe;
The extent of the coverage by invasive mussels on the pipelines makes it “impossible” to evaluate how much of the coating system is compromised;
The easement-required wooden slats that were designed to protect from point loads and abrasion are missing entirely on portions of the pipelines; and
The peak currents in the Mackinac Straits are nearly twice the maximum velocity considered when the pipeline was designed, adding significant stress;
A full study of the integrity of the coating system that includes a careful examination of the impact of the biofouling on the pipelines is critical to making a proper fitness-for-service evaluation.
“The evidence demands that the State of Michigan respond and fulfill its affirmative fiduciary duty,” wrote Jim Olson, an environmental attorney and FLOW’s president, in a March 9 follow-up letter to the State of Michigan. “It is not enough to stand by the sidelines and merely request additional information from Enbridge given the high risk of a catastrophic oil spill in the Great Lakes that would devastate our public drinking waters and our water-dependent economy. ‘Pure Michigan’ should not just be an advertising slogan.”
The Michigan Department of Environmental Quality has set a public hearing for April 12, 2017, and extended the public comment period until April 21, 2017, on multinational behemoth Nestlé’s bid to more than DOUBLE its groundwater pumping 210 MILLION gallons per year from a well near the headwaters of two coldwater trout streams northwest of Evart in northern Michigan’s Osceola County.
FLOW’s seasoned team of scientists and water-law attorneys, which includes successful fighters of prior Nestlé water wars, is committed to defending our public waters, wetlands, and aquatic life, and shutting down Nestlé’s private water grab. Please learn more and join us in this fight for Michigan’s freshwater and our future:
In this video produced by Joe VanderMeulen for NatureChange, Phil Ellis, Executive Director of the Grand Traverse Regional Community Foundation, moderates as two of Northern Michigan’s most respected and experienced environmental leaders discuss the challenges and choices facing our region.
FLOW’s own Jim Olson and Dr. Dave Mahan, former Associate Director of the Au Sable Institute of Environmental Studies, offer their insight on this important issue. A must watch.
Media Contact: David Holtz 313-300-4454/david@davidholtz.org
In Wake of New Pipeline Concerns, Groups Call On Snyder,
Schuette to Begin Shutting Down Line 5 in the Straits of Mackinac
Gov. Rick Snyder and Attorney General Bill Schuette must require Enbridge to shut off the flow of oil through Line 5 pipelines in the Straits of Mackinac following disclosures that the Canadian oil transport company’s pipeline has lost its protective coating, citizens groups said in a letter to the governor and attorney general that was released today.
The alarming disclosures, contained in a report filed by Enbridge in September with the U.S. Environmental Protection Agency, documents areas along the pipeline in the turbulent Straits where anticorrosion protective coating is missing. The report was submitted by Enbridge as part of a federal court order directing the company to investigate the impact of invasive mussels that have accumulated along the nearly 5-mile twin pipelines in the Straits.
“It’s shocking that Enbridge is going around the state claiming Line 5 is as good as new and will last forever while at the same time they know these pipelines are falling apart in the worst possible place for an oil spill,” said Liz Kirkwood, Executive Director of FLOW. “Gov. Snyder and Attorney General Schuette must initiate the process of shutting down these dangerous pipelines and should begin doing it today—before they rupture.”
In a letter sent Friday to Snyder and Schuette, the groups say failure to maintain protective anti-corrosion coating violates the state’s 1953 easement agreement allowing Enbridge to operate pipelines in the Straits. Enbridge has twice previously violated the agreement by failing to maintain required pipeline anchors.
“Research shared with you previously warned that pipeline corrosion had negatively impacted protective coating; the missing protective coating, corrosion, and the weight of invasive mussels and Enbridge’s decision to increase the volume of oil flowing through the Straits pipelines creates a substantial and unacceptable risk of failure,” the groups told Snyder and Schuette in their Friday letter. “The further admission and documentation from Enbridge that the protective pipeline coating is falling off and missing increases the likelihood of damaging corrosion and a pipeline rupture and the disastrous consequences that would follow. Under the terms of the easement, public trust duties, and the Great Lakes Submerged Lands Act, as trustees you are required to act to prevent a catastrophic oil spill in the Great Lakes.”
In a previous letter sent to to Attorney General Schuette in April 2016, the groups outlined the process for terminating the state’s easement with Enbridge based on several easement violations and subsequently met with Schuette’s senior staff to discuss the process. Thus far, however, there has been no action taken to begin decommissioning Line 5. Instead the state has commissioned a study of alternatives to Line 5, with the results expected to be released in June.
“This latest revelation is yet another a wakeup call for the state,” said David Holtz, Chair of the Sierra Club Michigan Chapter Executive Committee. “The question is whether the state will continue to hit the snooze alarm or rise up to the threat from aging oil pipelines in the Great Lakes.”
Research conducted by organizations supporting the decommissioning of Line 5 has shown that pipeline corrosion and structural integrity questions point to an urgent need for the state to act.
“We’ve always known that this 64-year-old pipeline was constructed only to last just 50 years. Now we’re seeing the disastrous effects of placing big oil and gas interests before public health,” said Food & Water Watch Michigan Organizer Mariah Urueta. “If Gov. Snyder and Attorney General Schuette continue to side with Enbridge and refuse to shut down Line 5, Michigan’s water, communities and way of life are in dire jeopardy. Line 5 is no longer a pipeline -it’s a ticking time bomb that will destroy our resources if we don’t defuse it and shut down Line 5 today.”
The waters of the Great Lakes are held in trust by the state as a shared public commons for the benefit of citizens for navigation, boating, fishing, health and sustenance. The courts of all eight Great Lakes states have recognized this principle, which means the states must manage these waters as a trustee for the benefit of all citizens to prevent interference with these public purposes – a duty of stewardship.
Net-pen fish-farming in the Great Lakes poses a major interference with existing protected riparian and public uses of these hallowed waters – landowners, fishermen, boaters, tourists, and citizens. Private fish farming would displace and interfere with the public trust in these waters.
