GRAYLING, Mich. — A group of fly fishermen is continuing their lengthy fight to try and prevent a fish hatchery along the Au Sable River from dramatically expanding its operation, which the anglers consider a serious threat to the health of this historic trout stream.

The battle had its start almost five years ago, when Dan Vogler received a permit to expand the more than 100-year-old state fish hatchery here, and send significantly more pollutants into the waterway, which is an officially designated Blue Ribbon Trout Stream.

WATCH: A view of the Au Sable River

Vogler, who also operates Harrietta Hills Fish Farm on a tributary of the Manistee River about 75 miles away, made clear his intention to ramp up production at the Grayling facility from the 20,000 pounds of fish per year it had been producing to as many as 300,000 pounds.

The Anglers of the Au Sable group and the Sierra Club quickly responded, filing a lawsuit that claimed that since the operation is a flow-through hatchery that utilizes more than 8 million gallons of water from the East Branch of the river each day, the fish manure and uneaten fish food that would wash into the Au Sable would harm and potentially ruin this world-class fishery. They also raised the prospect of fish escaping from the hatchery and mixing with the wild trout in the river.

One downstream section of the Au Sable is known to fly fishermen around the world as the “Holy Waters” which, since 1988, has been catch-and-release only, and all fishing must be done with artificial flies. This section of the river is famous for its robust population of brown trout, along with good numbers of rainbow and brook trout, its significant insect hatches, and the overall ideal habitat it offers for the fish.

The legal action brought by the anglers challenged the basis for the permit, and the validity of the original deal that allowed Vogler to pay $1 for a 20-year lease to operate the hatchery. The anglers’ group contends there are statutory deed restrictions in place that require the property be kept open to the public for fishing access, which it is not under Vogler’s ownership.

Vogler, whose family-owned business is one of Michigan’s largest aquaculture operations, currently raises trout in the Grayling facility to sell to area restaurants and grocery stores. He opens the hatchery to the public from Memorial Day weekend through Labor Day weekend, five days per week, for self-guided tours and fishing for a by-the-inch fee.

Vogler has stated he intends to be a good steward of the river and closely monitor the outflow from the facility. “We’re trying to produce fresh, healthy, local food,” he said. “The environmental community is big on that, so the simple question is, how do you have local food if you can’t grow it?”

In October, Crawford County Circuit Judge George J. Mertz ruled “the operation of a private commercial fish farm on the property clearly violates the statute and the deed restrictions.” But Mertz also stated the Anglers of the Au Sable River group lacked the legal standing to challenge alleged violations of public-use restrictions and deed restrictions at the site, determining only the state has the right to sue.

Mertz declined to dismiss the aspect of the lawsuit that contains the group’s contention that under Michigan's Environmental Protection Act, the fish farm is and will continue to pollute the Au Sable. Tom Baird from the Anglers of the Au Sable said the group will continue to contest the matter in court.

“We have filed a motion for reconsideration with Judge Mertz in the circuit court case regarding his decision about our standing to complain about the statutory deed restrictions requiring that the property be kept open for fishing,” Baird said.

The 800-member strong anglers’ group also is making its case with the Michigan EPA and the Michigan Department of Environmental Quality. The permit Vogler received would allow for around 1,600 pounds of phosphorus and about 160,000 pounds of fish feces to enter the river each year, the anglers contend.

Josh Greenberg, an Ohio native who owns the historic Gates Au Sable Lodge along the nine-mile stretch of the “Holy Waters,” said the anglers are holding their ground as the issues work their way through the courts and state administrative offices.

“When you go into something like this with the mindset you are not going to be able to compromise on the health of the river, then you have to understand that these things take time,” Greenberg said. “I think a pretty good line in the sand has been drawn, and one that the people of this river are not going to back away from.

“If we gave up and capitulated, that would be the loss of our identity.”

Greenberg said he also is hopeful the Grayling community is coming around to the realization the few seasonal jobs the expanded trout hatchery might offer over possibly the short term are not worth as much as a clean, healthy river in perpetuity.

“I think the detrimental effects of all of that waste and pollution washing into the river far outweighs any positive impact of a few jobs,” he said. “And I also think that with the trout fishing history and reputation of the Au Sable and the Grayling community, we don’t want to be the town that thought it was OK to pollute the river a little bit. That is not the image we want for the area.”

The confrontation between fishermen and fish farmer has gotten contentious at times, with Vogler referring to his opposition as a "bunch of playground bullies," and in an interview with Michigan Radio called the group “mean spirited individuals with $2,000 fly rods.”

Michigan state Senator Rick Jones (R, Grand Ledge) told MLive allowing the hatchery to dump an estimated 100,000 pounds of concentrated fish feces into the river per year was akin to having a city discharge its raw waste into the Au Sable. "It's total insanity," Jones said.

Contact Blade outdoors editor Matt Markey at: mmarkey@theblade.com, or 419-724-6068.

First Published March 15, 2018, 6:14 p.m.