By Mark Pfost, Public Lands Ecologist – mpfost@wisducks.org
This article originally appeared in the Wisconsin Waterfowl Association’s September 2026 Newsletter edition.
We Have the Power If We Use It
Have you ever been involved in any real estate transaction involving a perpetual lease in which the leaseholder attempts to give away some of their rights, even though doing so harms the leaseholder’s interest in that lease? I bet not. Imagine a power line company, a pipeline company, or a railroad telling people along their right of way, “It’s fine, encroach on us if you want to.” It just ain’t going to happen, and yet . . .
The US Fish & Wildlife Service attempted to do just that in North Dakota. FWS solicited public input last month on whether they should allow a reduction of drainage setbacks adjacent to perpetual wetland easements purchased with dollars raised through the sale of “duck stamps.” Money that comes from us! What is this all about? Drainage (tiles or ditching) has a lateral effect: if located too close to a wetland, it can “pull” water from the wetland, thereby partially or fully draining it. We all know that North Dakota is a large portion of the “Duck Factory.” We depend on it to raise ducks, but drained wetlands don’t raise many ducks.
Public comment periods are typically 30 to 60 days long. In this case, the comment period was only two weeks. Some waterfowl podcasts and conservation organizations sounded the alarm, and it was amplified on social media. I, and maybe you, submitted one of the more than 219,000 written comments (some estimate this at 20% of duck hunters), thereby rejecting the FWS’s inquiry in support of a reduction in drainage setbacks. For now, protections remain in place. Good on us!
