Conversation with agent Chris Davis, Scenic Rivers Act enforcer for LDWF

by David Lee Campbell (Honey Island Group)

Nearly twenty years ago, I attended the Sierra Club-sponsored “Rivers of the Florida Parishes Water-Quality” program at Southeastern Louisiana University. At that time, retired from law practice in New Orleans, I was writing a regular column for Country Roads Magazine, titled “Visions of the New Millennium,” which explored what our civilization might look like in the next millennium regarding economics, the environment, historic preservation, urban planning, and other issues.

I had camped on a little bluff on the upper reaches of the Tchefuncte River for six years, ultimately building my home - starting with a one-room cabin - and I was very interested in the quality of our State rivers, especially our scenic rivers. The Legislature in 1970 had passed the State Scenic Rivers Act (first state scenic river legislation in the U.S.!) the same year that I bought the acreage where I then camped, and the Tchefuncte was on the list of the original first twelve rivers to be protected. So were other Florida Parish rivers.

Reports were presented on the Bogue Chitto, which had excessive sediment pollution, and the Amite was “non-or-only-partially-supporting” (meaning mostly useless) due to habitat alteration due to development and clearing, turning woods to lawns then pesticides and pathogens to follow, together with suspended solids (septic) and pasture runoff.

The Tickfaw was “not supporting primary contact recreation” (“watch out, son, hands in the boat!”), and the Tangipahoa was closed to recreational use in 1988 after alarming counts of fecal coliform.

The upper Tchefuncte, though still basically clean and clear artesian flow, suffered clear cutting and suburban developments and residences with septic tanks, each with household and chemical lawn-care systems channeled directly into ditches aimed for tributaries of the river.

The Mayor of Covington reported that the Bogue Falaya had to be avoided when just a “tad” too much rain brings in fecal and pathogenic runoff.

And the Pearl, the poor Pearl’s river waters were burdened with dangerous mercury readings and State health warnings (“don’t eat the fish, son!”).

The Lake Pontchartrain Basin Foundation (LPBF) reported that no-swimming signs, unfortunately, were going up on the north shore, just as they were beginning to come down on the south shore due to successful efforts to halt lake shell dredging.

Clearcutting, especially of Longleaf Pines, was a threat to all rivers, as well as all the abundant flora and fauna that depend on them.

Frankly, it was all rather depressing. One issue that seemed to cut across all others was that although the rivers were protected, there was insufficient dedicated funding to support a permanent LDWF enforcement staff of more than one!

After the program, I came home and wrote up my report for publication in the “Visions” column, and soon thereafter, LTRA partnered with LPBF and began coordinated fecal coliform readings on the Tchefuncte. Our Association staged and managed the readings for the first six months, then turned it over to LPBF, which initiated the program for all north shore rivers. Results were published weekly in the Times Picayune.

So, fast forward twenty years: I’m a Board member of the Land Trust for Louisiana and a new member of the Executive Committee of the Honey Island Group. Margie Vickair-Pray asks me to consider writing an update on the status of the Scenic Rivers program.

After interviewing agent Chris Davis, our Scenic Rivers Act enforcer for LDWF, I asked him to respond to ten written questions which I had asked the LTRA to submit to him, and I now submit these responses to you.

 You will see that there is one common thread throughout his answers: insufficient funding (he’s still the only person charged with this huge duty!). Another is that, unlike the LTRA, there are not enough private citizen “watch dog” groups to support their rivers.

 1.  How many people work in Scenic Streams?

One full time position, the Scenic Rivers Coordinator, is dedicated to the Scenic Rivers Program which is administered by the Department's Habitat Section.  Including the Scenic Rivers Coordinator, the section consists of 4 biologists which are responsible for a number of varied programs.  When time allows, the 3 remaining Habitat Section biologists assist with Scenic Rivers Program duties; however, much of their time is spent on the section's other programs.

  2.  What is the budget?

Other than the Scenic Rivers' Fund which typically accrues a relatively small amount of funding, there is no dedicated funding for the program.  Scenic Rivers' Fund dollars typically cover a small portion of equipment costs and other expenses, while the vast majority of the program's expenses (e.g., staff salaries) are paid from the Department's general Conservation Fund.

  3.  What are the strengths of Scenic River Program?


The Scenic River's Program is administered for the purpose of preserving aesthetic, scenic, recreational, fish, wildlife, ecological, archaeological, geological, botanical, and other natural and physical features and resources found along these streams or segments thereof.   The Louisiana Scenic Rivers Act as enshrined in State law is still vibrant and strong after 48 years.  The Legislature of 1970 and the Governor were courageous and forward thinking in creating the Act.  Also, if I may brag on our staff for a moment, I would argue that one of our strengths is our passionate and dedicated staff.  Our small staff of biologists sincerely cares about conserving our State's Scenic Rivers.

  4.  What are the limitations of the Scenic River Program?

Our biggest limitation is the lack of dedicated funding.  The program has adopted additional streams over the years.  In addition to an increasing stream count, the number of issues impacting many of our streams has increased over the years.  The program now consists of over 80 streams equating to approximately 3,000 miles of creeks, rivers, and bayous and 72,000 acres of protected streamside habitat.  Much of this habitat is remote and difficult to survey, yet it is not safe from disturbance.  We realize that due to the scale and distribution of our jurisdictional waters and the challenges many of our streams face, the program would benefit from additional staff time; however, we are constrained when balancing multiple programs with a limited budget.

  5.  What legislation could the public push for to strengthen the Scenic River Act?

Considering our limitations, a mechanism for funding the program would provide immense benefits.  We would benefit from having dedicated funding to perform surveillance and deal with the numerous compliance issues across the state.  We would also be better able to participate in activities like outreach, recreational development, etc. and further develop important aspects of the program.

Additionally, The Scenic Rivers Act allows for the promulgation of rules and regulations, and throughout the history of the Scenic Rivers Program, LDWF has adopted rules and regulations, when prudent, in response to threats to our system streams. The public has often aided staff in this area by raising the alarm, submitting evidence and providing other valuable information to program staff.

  6.  Are there other organizations around the state like the LTRA that promote the protection of the scenic rivers?

There are several NGO's which provide comments and input to the program.  We regularly receive correspondence from the Sierra Club, Gulf Restoration Network, Tulane Law Clinic, Louisiana Wildlife Federation, Lake Pontchartrain Basin Foundation, the Nature Conservancy, League of Women Voters, Little Tchefuncte River Association, and others.  Unfortunately, there are only a few stream or watershed specific organizations like the LTRA which I am aware of.  There was an active organization along Bayou Manchac, Ouachita River, and Bayou Dorcheat, and I'm sure others exist throughout the state; however, none have been as engaged as the LTRA recently.

  7.  What are the most problematic permit requests the program deals with?

As you are aware, there are many issues facing our streams.  From urbanization to the extraction of minerals (sand, gravel, oil and gas); from process water discharges, to large-volume water withdrawals, each stream has its own challenges.  For many streams, it's permits related to Sand and Gravel mining, for others it's permits resulting in a loss of riparian and floodplain habitat.  For the Little Tchefuncte and many of its tributaries, it has been largescale residential development and the water quality issues associated with resulting discharges - both storm water and sanitary.  Despite the known impacts associated with continuing to develop riparian wetlands and floodplains, due to increasing developmental pressures, poor planning, etc., we have continued to see a strong push to convert these valuable natural resources to high density housing developments.

  8.  Is there any money available to Scenic River Program for water quality testing or other studies of the scenic rivers?

There are grants and there may be programs through other agencies and NGOs which could be applied; however, other than some State Wildlife Grant funding, we have not had the opportunity to explore many avenues.

  9.  How important is citizen involvement with the scenic streams?

Very.  Since we don't have the time to survey many of our streams at sufficient intervals, we often benefit from receiving information from concerned citizens.  Tips regarding compliance issues improve our ability to identify and respond to impacts in a timely manner and help ensure that associated issues are addressed.  Citizen involvement in the Scenic River permit process and management plan development allows the Department to make balanced and sound permitting decisions as well develop meaningful and comprehensive plans.  Citizen involvement at the Legislature lets our elected officials know that Scenic Rivers are important and cared for.

  10.  What areas of the state have the most permit applications and the most violations?

Regarding permit applications, without a doubt, it's the Florida Parishes and more specifically, St. Tammany Parish.  In addition to having, by far, the most Scenic Streams per parish, St. Tammany Parish is home to both valuable, unique habitats and a growing human population.  LDWF has noted that violations occur more often in urban areas; especially those which are expanding
.

So, thanks, Chris, that’s where we are now.  Funny, seems the same as twenty years ago, doesn’t it? And so is now the perfect time for some innovative thinking and strategizing how we can somehow, some day, get the Scenic Rivers program adequately funded so it can fully do its job? Is there a role the Sierra Club can play here?

 It’s up to all of us.