December 16, 2002

Contacts: Chris Brescia, Paul Rohde 314-436-7303

Uncertainty on the Missouri River threatens to cancel a unique recreation excursion for the second consecutive year. RiverBarge Excursions Lines, Inc. (REL) operates R/B River Explorer, the only hotel barge in the U.S. Uncertain Missouri River water levels for 2003 and species habitat disputes are once again threatening the unique excursions, which offer views of local culture at numerous river stops, reminiscent of the experiences of Lewis & Clark.

Last summer’s "Show Me The Big Muddy" cruises would have been the first passenger vessel to arrive in Sioux City, Iowa since 1887. Sioux City was only one of several river communities that lost revenue from the canceled cruises in 2002.

Manipulations by the U.S. Fish & Wildlife Service last spring allowed piping plover shorebirds to nest on artificially low sandbars along the upper Missouri River. USFWS then refused to allow the U.S. Army Corps of Engineers to move the nests to higher ground in mid-spring to accommodate downriver water needs.

The low water levels ceased navigation from mid-July to late August and disrupted other downriver uses, including recreation. Uncertainty regarding 2003 levels are once again threatening operations as business plans for the new year are being forced to be made with no guarantees regarding the Missouri.

To date, REL had already received 300 reservations for four proposed Missouri River excursions in 2003. Last summer, REL refunded fares to 500 passengers, many of whom also had to book airfare. REL’s proposed participation in the 2004 Lewis & Clark Bicentennial celebrations will also be disrupted without guarantees of water levels.

"Only 41 plovers fledged last spring as result of these unnecessary actions, as fledge targets were reached elsewhere on the river. The lost revenue for industries affected comes to over $170,000 per bird," said Chris Brescia, president of MARC 2000.

Coalition to Protect the Missouri River

4849 Hwy B

Higbee, MO 65257

660-273-9903

Fax: 660-273-2124

E-Mail: moriver@socket.net

RANDY ASBURY, Executive Director

FOR IMMEDIATE RELEASE: December 16, 2002

DISREGARD FOR MISSOURI RIVER USES FORCES PROPOSED LEGAL ACTION

HIGBEE, Missouri – Uncertainty regarding the future of all Congressionally-authorized uses of the Missouri River has forced Missouri River stakeholders to rally against the unproven science mandated by the U.S. Fish & Wildlife Service (USFWS) and implemented by the U.S. Army Corps of Engineers (Corps). The Corps’ implementation of USFWS prescriptive mandates would disregard navigation, flood control, and other established uses of the Missouri River in favor of dubious methods intended to protect some species.

"This is government at its worst, pulling the strings based on unproven science that may help species recovery when we know that it will kill economic activity and increase flooding," stated Chris Brescia, Chariman of the Coalition to Protect the Missouri River, "The National Academy of Sciences stated that no empirical evidence exists to support the Service’s theories on species recovery. On top of that, we do know, however, that the environmental impacts taking traffic off the river and shifting it onto other modes will be detrimental to all species – human and animal alike."

A Notice of Intent to Sue (NOI) the USFWS and Corps was forwarded to Secretary of Interior Gale Norton and Secretary of the Army Thomas White as well as three upstream Fish and Game agencies on behalf of twelve associations and companies representing thousands of farmers, navigators, municipalities, utilities, recreation interests and industry.

"These individuals and companies are prepared to go the distance in this battle to maintain a river that provides for all congressionally authorized purposes," said Randy Asbury, executive director of the Coalition to Protect the Missouri River. "Unjustified actions and failure to follow procedure by the USFWS and the Corps have caused unreliability and economic devastation long enough."

The NOI provides a sixty-day notice to the agencies of an intent to sue for violations of the Endangered Species Act (ESA) including:

· Economic impacts were disregarded when designating critical habitat for the piping plover;

· The USFWS’s alternative for operation of the Missouri River will eliminate navigation and materially interfere with power, water supply and flood control;

· The Corps and the USFWS must revise or remove operational mandates under the ESA since new information shows that endangered and threatened birds have rebounded and meet or exceed certain recovery objectives;

· There is no basis for a mandated spring rise since one already exists on most of the Missouri River;

· The management of the upstream reservoirs to support non-native fish for economic support of sport fishing is illegal; and,

· Hybrid sturgeon may have been caused by the stocking program rather than habitat concerns.

Actions mandated by the USFWS and implemented by the Corps during summer ’02 created flow levels below minimum navigation service levels, inflicting economic losses on navigators, grain terminals, excursions lines and industry estimated in the millions of dollars. These "bird operations" occurred to protect 41 interior least tern and piping plover, birds listed as endangered or threatened under the ESA, though their population numbers have increased substantially under current Missouri River management practices and 2002 fledge targets were met at other stretches on the river. For the first time in history, the mandates of the Biological Opinion disregarded authorized project purposes in lieu of conservation and unsupported science.

RiverBarge Excursions Lines, Inc. (REL), the only hotel barge company in the U.S., forced to cancel their ’02 Missouri River excursion at a loss of $1 million due to the "bird operations," canceled their 2003 Missouri River excursion schedule on December 13 due to "conflicts between the Corps and the USFWS…that could result in water levels that are not sufficient to support navigation on the Missouri River."

REL’s press statement said, "The nature of REL’s business is such that there needs to be a long-term reliability and reasonable certainty to navigation on the Missouri River."

"Flow unreliability continues to have adverse impacts on the Missouri River and would have critically affected Mississippi River commerce in 2000-2002 if the USFWS mandates had been implemented," stated Chris Brescia, president of the Midwest Area River Coalition (MARC 2000), a coalition committed to modernizing Upper Mississippi and Illinois River waterways systems while preserving their natural resources. "It’s imperative that the President recognize that the unproven science of the BO dictates Missouri River management that’s not in the best interests of this nation or those who he has committed to support."

For more information, visit the CPR website at

http://www.ProtectTheMissouri.com.

For interviews with industry representatives, please contact:

Missouri River Navigation:

Don Huffman, MEMCO Barge Line, 636-530-2111

Roger Blaske, Blaske Marine, 618-462-4155

Mississippi River Navigation:

Lynn Muench, American Waterways Operators (AWO), 314-621-2929

Chris Brescia, Midwest Area River Coalition (MARC 2000), 314-436-7303

Agriculture:

Tom Waters, Mo-Ark River Basin Association, 816-770-5562

Legal Counsel:

Robert Vincze, Greenberg Traurig, 303-572-6522

David Humphreys, Watson and Jernigan, 601-939-8900

The Coalition to Protect the Missouri River (CPR) represents the diverse interests of agricultural, navigational, industrial, utility and business-related entities. CPR supports responsible management of Missouri River resources and the maintenance of congressionally authorized purposes of the river including flood control and navigation. CPR also supports habitat restoration for endangered or threatened species.