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Serving Northern St. Louis County, Minnesota

Fireworks display could run afoul of federal law

Marshall Helmberger
Posted 6/21/23

LAKE VERMILION— It appears that a July 5 fireworks display, sponsored by the Lake Vermilion Resort and Tourism Association, is going forward despite the potential impact to hundreds of …

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Fireworks display could run afoul of federal law

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LAKE VERMILION— It appears that a July 5 fireworks display, sponsored by the Lake Vermilion Resort and Tourism Association, is going forward despite the potential impact to hundreds of federally protected birds and their young.
The association announced recently that it is planning a fireworks display to fill the void left by the city of Tower’s decision to not put on its own display this year. The association’s original plan called for launching its display from a barge anchored off Potato Island, an isolated, half-acre island in the middle of Big Bay that is a major rookery for herring gulls and double-crested cormorants. As of this week, at least 200 cormorants were nesting on the island along with about 50 herring gulls, and dozens of gull chicks could be seen wandering around the island. Both species are federally protected under the Migratory Bird Treaty Act, which makes it illegal to, among other things, “take” any of a long list of migratory birds, including both herring gulls and double-crested cormorants.
A 2012 study by the U.S. Fish and Wildlife Service demonstrated that a municipal fireworks display conducted 0.62 miles from a coastal rookery in Oregon, led to the abandonment of between 5-10 percent of the cormorant nests at the site. Meanwhile, a second fireworks display located 1.32 miles from another Oregon rookery, appeared to cause minimal disturbance.
The planned display on Lake Vermilion, at least as originally planned, would be much closer than the 0.62 miles cited in the federal study. Causing nest abandonment could be considered a taking under federal law.
In an interview earlier this week, Dan Debano, executive director of the resort association, said the barge used for the display would be anchored just off Potato Island, since it makes an easier anchor point than the deeper surrounding waters of Big Bay. A family donated the island to the resort association in 2013 and the organization still owns the island.
Debano said he had contacted the DNR about the association’s planned fireworks display and had heard little concern. He said he had also contacted the township and the county. “I talked to everybody but the pope,” he said.
Breitung Town Clerk Dianna Sunsdahl said she had no record of any contact from the resort association. All but a tiny fraction of the island is located in Breitung Township, although a small piece of the island’s west end is located in Greenwood Township. Greenwood Town Clerk JoAnn Bassing was on vacation this week, but former clerk and current supervisor Sue Drobac responded to an emailed message to the clerk and said she’d heard nothing from the resort association about the planned fireworks.
Debano, when questioned for this story, seemed initially unaware that the birds on Potato Island are protected. “I know at one time they were trying to control the population,” he said of the cormorants on the island. “So, I don’t think that’s going to be an issue. They’re not protected.”
The effort to control the population was under a depredation order issued by the USFWS, which gave federal officials the authority to oil some cormorant eggs to reduce a burgeoning population of cormorants, which has since leveled off. The order is no longer in effect and the birds remain protected.
While Debano said he spoke to Matt Hennen, the DNR’s large lake fisheries specialist, he had not spoken to a DNR non-game wildlife specialist about the plan, who would be more authoritative regarding a wildlife matter. Gaea Crozier, a DNR regional non-game specialist based in Grand Rapids did speak to Debano after the Timberjay reached out to her for comment late last week.
Crozier said she informed Debano that the birds on Potato Island were protected and advised him that any fireworks display should be at least a mile away from the site.
Crozier said Debano had informed her that the barge would be floating in Big Bay, not anchored near Potato Island as he has told others, including the Timberjay.
Yet, in a June 20 email sent to area resort owners after his conversation with Crozier, Debano reiterated that the fireworks display was still on for July 5, “near Potato Island.” Debano added that the DNR “is requiring us to keep a safe distance from Potato Island as the double-crested cormorant is a protected bird.”
Debano, in the same email, appeared to dismiss the issue. “Matt Hennen is aware of the concern and is not concerned,” he wrote.
Crozier, however, took issue with Debano’s characterization. Crozier said Hennen had a conversation with the resort association about the issue. “They discussed the importance of not harming the colonial waterbird colony. Matt gave them the recommendation to stay one mile away from the colony and they agreed to stay away from the island.” Hennen was on vacation this week and was not available for comment.
Crozier said she re- affirmed Hennen’s recommendation when she spoke to Debano and suggested that if they plan to deploy fireworks from a floating barge they should pay attention to the wind speed and direction to choose a starting point that will keep the barge at least a mile from the island as it drifts.
It’s not clear, however, whether the resort association is planning to abide by the DNR’s direction. Debano did not respond to an email from the Timberjay asking for more information about the association’s intentions. During an earlier interview, Debano appeared not to take the matter seriously. “Maybe we should be passing out ear plugs for the birds,” he quipped.
Fish and Wildlife Service advice
U.S. Fish and Wildlife Service officials did not return repeated messages seeking comment and answers to questions for this story. But the USFWS website does offer guidance for the use of fireworks near wildlife habitat.
“As we enjoy the bright colors and thunderous explosions, it’s easy to overlook the impact to wildlife around us,” notes the agency on their website. “We know what to expect, but wildlife don’t. The abrupt lights and sounds are often seen as a threat by nesting bald eagles and easily startle great blue herons and other colonial nesting birds. The shock of fireworks can cause wildlife to flee, ending up in unexpected areas or roadways, flying into buildings and other obstacles, and even abandoning nests, leaving young vulnerable to predators.”
The threat to wildlife doesn’t stop at startling lights and sounds, notes the USFWS. “Fireworks also have the potential of starting wildfires, directly affecting wildlife and destroying essential habitat. Litter from firecrackers, bottle rockets and other explosives can be choking hazards for wildlife and may be toxic if ingested.”
Large fireworks displays do leave considerable debris behind, including plastics, papers, and residue from the explosive materials as well as the heavy metals that provide much of the color in the fireworks. In displays over water, most of that debris ends up in the water.
Debano said the company actually lighting the fireworks would be out in a boat the following day looking for duds or other debris that might still be floating.