The West Virginia Council of Trout Unlimited supports the proposed 47CSR2 Water Quality Standards Rule (HB 4193 & SB 390). The main point on 47CSR2 is that the definition of B2 trout streams must remain the same; “Trout waters are defined as waters which sustain year-round trout populations. Excluded are those waters which receive annual stockings of trout but which do not support year-round trout populations.” This is a good and proper definition which will serve as a strong foundation for conserving trout throughout the state. The West Virginia Council of Trout Unlimited feels that the number of proposed streams in the Tier 2.5 list in 60CSR5 Antidegreadation Implementation Procedures (HB 4284 and SB 456) should be at least the 309 streams that are in the amended rule introduced to this session. The concept of Tier 2.5 was a compromise with industry several years ago to avoid having the streams listed under Tier 3 with more restrictive protection. The reduction from the initial presumptive list of 444 streams to 309 prior to the 2007 Legislative Session was done by the DNR and DEP and had some scientific basis. Proposed further reduction from 309 to 156, or even further to 38, in the current proposed legislation is purely political and has no basis, but that is exactly what a number of organizations will be urging our legislators to do.
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