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April 2, 2003

INDEX:
---EDITOR'S NOTE---

---EDITOR'S CHOICE---
ASWM Calls for 2003 National Symposium Abstracts
North Carolina: Decision On Wetlands Rules Stands Up To Challenge
Indiana: Wetland Bill Called Unintelligible
EPA Region 8’s New Wetland Poster
FL DEP Announces Mitigation Assessment Method
There's More Than One Way to Protect Wetlands
States Take Over Wetlands Protection:  Montana Leans Toward Using Existing Laws

---NATIONAL UPDATES---
New Policy for Evaluating Conservation Efforts related to ESA Listing Decisions
USDA to Accept 'Green Payment' Comments to April 3
1,093 Miles of Rivers and Streams Proposed as Critical Habitat for Eleven Freshwater Mussels    
100 New Commitments Pour in As Water Forum Closes
Preparing for W. Nile Virus Needn't Harm the Environment
Pentagon Chiefs Told to Prepare National Security Exemptions to Environmental Laws
Great Lakes Commission Issues Call to “Restore the Greatness!”
Service Releases Proposed Rule On Double-Crested Cormorant Management
Comment Period Reopened for Critical Habitat Designation in California and Oregon
Final Withdrawal of 2000 TMDL Rule; Existing Rules Make Progress Cleaning Up Impaired Waters
Lawsuit Challenges Bush Factory Farm Rules
EPA Postpones the National Pollutant Discharge Elimination System For Oil and Gas Construction Activity
Habitat Conservations Plans May Be Too Much of a Good Thing
Corps Backs Away from Seaway Expansion Study
USFWS Releases Final Recovery Plan for Southwestern Willow Flycatcher
A New Frontier in Water Wars Emerges in East

---LEGISLATIVE UPDATES---
Senate Votes Against Drilling in Arctic Refuge
Efforts to Fix Energy Bill Face Uphill Battle in Congress
Legislation Floated to Combat Aquatic Invasive Species
Representatives McDermott and Petri reintroduce Salmon Planning Act
Bills of Interest Introduced or Moved in Congress

---STATES NEWS---
Connecticut's Dedication to Wetland Restoration
NY: $83 Million Set Aside to Protect Long Island Sound
OR: Nature Conservancy Purchases 5,600 Acres Near Willapa Bay
Oregon Governor Kulongoski Says Economy, Environment are Entwined
FL: Citizen Proposition Purported to Strengthen Wetland Protection
FL: Appeals Court Upholds Manatee Protection
Sonoma County Designated a Distinct Population Segment for the California Tiger Salamander
California Finalizes Settlement of Colorado River Water Dispute
TN: Clinch and Powell Valley Watershed Ecological Risk Assessment Complete
AK: EPA Proposes Penalty for Repeat Wetlands Offender
Corps of Engineers Suspends Its Permit for Georgia Dam
DEIS For the Biscayne Bay Coastal Wetlands Project Prepared by the Army Corp of Engineers

---PUBLICATIONS AND RESOURCES---
January-February Edition of National Wetlands Newsletter Available
The New "Elements of a State Water Monitoring and Assessment Program" Released
USGS Announces Online Access to Nationwide Fish Community Data
New WRI Report Addresses Hypoxia Crisis in the Gulf of Mexico
Riparian and Aquatic Ecosystem Monitoring: A Manual of Field and Lab Procedures
New Report: Impacts of Impervious Cover on Aquatic Systems
New ACOE ERDC Publication: Headcutting on Bottomland Hardwood Wetlands

---POTPOURRI---
Alien Species in Cahoots
The Conservation Fund, Kodak and National Geographic Provide Grants for Greenways

Water Resources Specialist Position in Bad River

---MEETINGS AND CONFERENCES---
For a rolling calendar of meeting, conferences, and other events visit the ASWM calendar

EDITOR'S NOTE

Dear friends and colleagues,

These are trying times in the United States. Friends - mothers - serving in the National Guard and military reserves are being called up to active duty, and their husbands are learning how to manage the daily minutia of balancing full-time work and raising children. Fortunately my husband is already trained in this minutia, in case the government starts drafting overweight out-of-shape working mothers.  For those of you with sons or daughters, brothers or sisters, or other family and friends near and dear to you serving in the U.S. military, we pray for their speedy and safe return to you.

The date for accepting comments on the Advanced Notice of Proposed Rulemaking (ANPRM) on the Clean Water Act definition of "Waters of the United States" are has been extended to APRIL 16, 2003.  This is a second chance for the procrastinators out there, so don't waste it!  For details visit http://www.epa.gov/owow/wetlands/swanccnav.html#extension.    Total comments received to date are around 50,000 and EPA staff have been working hard to scan and post substantive comments received to the e-docket where they can be viewed on the internet by going to: http://www.epa.gov/owow/wetlands/swanccnav.html#extension and clicking on "Submit your comment on the ANPRM using EDocket online" on the right hand side of the page.  If you are still wrestling with the formidable task of developing comments, the Association of State Wetland Managers has prepared guidance to assist states and other interested parties in their efforts to provide substantive comments in response to the ANPRM. This includes recommendations on how to conduct analyses of potential impacts, priority areas to focus on, and specific directions on the application on GIS technology to the analyses. The guidance can be found at:  http://www.aswm.org/fwp/anprm/guidance9.htm.

Finally, please help us distribute the call for papers for Wetlands 2003 (see first item under Editor's Choice below).   We are looking forward to a successful symposium located at the height of fall foliage in southern New Hampshire.  We encourage you to consider submitting a paper and to forward the call for papers to the attention of professionals who may also be interested in submitting a paper as well.  Also, whether you submit a paper or not, we hope you will mark you calendar and plan to join us!

Sincerely,

Jennifer Brady-Connor
Editor, Wetland Breaking News

EDITOR'S CHOICE

ASWM Calls for 2003 National Symposium Abstracts

The ASWM is now taking abstract submissions for the National Symposium: Wetlands 2003 Landscape Scale Wetland Assessment and Management, which is scheduled October 20-24 at the Sheraton Nashua in Nashua, New Hampshire. Successful application of wetland assessment is a topic area that is gaining increasing importance in the implementation of a variety of state, tribal, federal and local wetland, landscape, and watershed management programs. Sound science, balanced policy and clear legal criteria are critical to the successful implementation of regulation, restoration, and acquisition programs.  Assessment techniques are needed not only by wetland professionals, but also floodplain, stream and watershed managers, engineers, community planners and a variety of other disciplines. The call for papers is posted at the ASWM website.  Deadline:  May 9, 2003. http://aswm.org/calendar/2003am/

North Carolina: Decision On Wetlands Rules Stands Up To Challenge

NCDENR news release, 4/1/03. RALEIGH - The North Carolina Supreme Court on Friday denied a challenge to the state’s wetlands protection rules. The action upholds the state’s right to treat wetlands as it does other waterbodies and to regulate activities that impact them. “We welcome the reaffirmation that wetlands are indeed waters of the state and should be protected for the benefits that they provide, including flood prevention, water quality improvement and aquatic life habitat,” said Alan Klimek, director of the state’s Division of Water Quality. “The need for strong state wetlands protection programs is critical, especially now when the scope of federal jurisdiction has been reduced. We will continue to do what is necessary to balance important economic growth and environmental protection across the state.” The denial of the Petition for Discretionary Review is the most recent step in a four-year legal battle over whether the state’s Environmental Management Commission had statutory authority to adopt the wetlands rules, and the validity of the procedure by which the rules were adopted in March 1996. Challenged by the North Carolina Home Builder’s Association, the North Carolina Citizen’s for Business and Industry as well as other groups and individuals, the EMC’s authority and validation of the rulemaking procedure were upheld in Wake County Superior Court in October 2001, and then by the Court of Appeals in September 2002.

Indiana: Wetland Bill Called Unintelligible

The Muncie Star Press, 3/19/03, By SETH SLABAUGH MUNCIE - A wetland protection bill adopted by the Indiana Senate on March 4 is full of gobbledygook and loopholes, according to a national non-profit organization that helps states regulate wetlands. "It looks good on the surface, but when you go through all the exemptions, it seems to exempt damn near everything," said attorney John Kusler, associate director of the Association of State Wetland Managers, Berne, N.Y. "It's what I would call one step forward and two steps back. There are a lot of minefields written into the legislation." At the request of The Star Press, Kusler reviewed Senate Bill 491, which passed 42-5 . . . “ For the complete article visit http://www.aswm.org/wbn/archive/03/030323a.htm#3

EPA Region 8's New Wetland Poster

A new wetlands poster is available from EPA Region 8 that describes various isolated wetlands found in the region and is entitled “Vulnerable Wetlands.” There are several colorful photographs along with a short text that describes the importance of these wetlands and why they are vulnerable to loss. The poster also encourages the public to get involved in the monitoring of these wetlands.  Contact Paul McIver at 303-312-6056 or e-mail at mciver.paul@epa.gov

FL DEP Announces Mitigation Assessment Method

Florida Administrative Weekly, 03/21/03. FL DEP announces a proposed mitigation assessment method (Chapter 62-345, F.A.C.) for impacts proposed in wetlands and other surface waters and to assess associated mitigation, including mitigation banks. The full text of the notice (including the complete rule text) is published on the Internet at http://www.dep.state.fl.us/ under the link titled "Official Notices".

There's More Than One Way to Protect Wetlands

03/12/03. By Gale Norton and Ann Veneman, NY Times, Washington – “Every year, the federal government and Americans across the country preserve, restore and enhance thousands of acres of wetlands through cooperative conservation efforts, partnerships and voluntary programs. Unfortunately, that's not the news that most Americans read about. Instead, the focus has been on the wetlands regulatory program . . . “ http://www.aswm.org/wbn/archive/03/030323a.htm#1 

States Take Over Wetlands Protection:  Montana Leans Toward Using Existing Laws

By FAITH BREMNER, March 10, 2003. Tribune Washington Bureau, Washington – “One month after federal agencies announced they would stop protecting a large swath of the nation's wetlands, few states --including Montana -- are taking steps to protect these areas on their own. Budgetary constraints and a surge in anti-regulatory attitudes are causing states to think twice about passing laws or adopting regulations that would keep developers from filling in isolated wetlands, such as prairie potholes in northern Montana . . . “ http://www.greatfallstribune.com/news/stories/20030310/localnews/1145085.html

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NATIONAL UPDATE

New Policy for Evaluating Conservation Efforts related to ESA Listing Decisions

USFWS news release, 3/28/03.The USFWS and NOAA announced a policy to help guide decisions to restore populations of declining species before they require the protection of the Endangered Species Act.  In order for a conservation effort to affect the listing decision, the Policy for Evaluation of Conservation Efforts (PECE) requires the FWS and NOAA to find that the effort is certain to be implemented and sufficiently effective.  Such criteria include identification of explicit conservation objectives and dates for achieving them, steps necessary to implement the efforts, and standards for measuring progress. http://news.fws.gov/newsreleases             

USDA to Accept 'Green Payment' Comments to April 3

USDA, 03/27/03.  WASHINGTON - Public comment will now be accepted until April 3 on the Conservation Security Program, which would send "green" payments to farmers and ranchers, the U.S. Agriculture Department said. USDA officials hope to put CSP into operation this fall, possibly in September or October. Created by the 2002 farm law, CSP would pay producers up to $50,000 a year for making land, water and wildlife stewardship part of their daily operations. Most of the details of CSP have yet to be written. USDA began accepting public comment on Feb. 18 on fundamental questions such as which activities should qualify for payments. http://www.planetark.org/dailynewsstory.cfm/newsid/20285/story.htm

1,093 Miles of Rivers and Streams Proposed as Critical Habitat for Eleven Freshwater Mussels    

USFWS news release, 3/26/03. The USFWS is proposing that portions of rivers and streams, totaling some 1,093 miles in Alabama, Georgia, Mississippi and Tennessee, be designated as critical habitat for eleven federally-listed freshwater mussels. All eleven mussels were listed March 17, 1993, under the Endangered Species Act. The Service did not propose critical habitat at the time of listing because insufficient information was available then on the distribution and the biological needs of these species. http://news.fws.gov/newsreleases

100 New Commitments Pour in As Water Forum Closes

KYOTO, Japan, March 24, 2003 (ENS) - Water demand is increasing three times as fast as the world's population growth rate, and poverty is the single most important factor related to meeting that demand, said officials at the 3rd World Water Forum, which wound up eight days of meetings on Sunday. More than 100 new commitments towards bringing safe water and sanitation to the entire world were made by delegates to the Forum. For full text and graphics visit: http://ens-news.com/ens/mar2003/2003-03-24-04.asp

Preparing for W. Nile Virus Needn't Harm the Environment

3/20/03. Olympia, WA - During 2002, West Nile caused 277 deaths across the United States. Although it first arrived on the East Coast, the virus reached Washington last year: two horses and two birds (one crow, one raven) have tested positive for the disease so far. According to the Washington Department of Ecology (Ecology), you can control mosquitoes to protect your family from West Nile virus without poisoning your property or harming the environment. "Whatever you do, don't drain wetlands," said Kathleen Emmett, Ecology aquatic pesticide permit coordinator. "Healthy wetlands are full of natural predators such as birds and frogs that eat mosquitoes." http://www.ecy.wa.gov/news/2003news/2003-046.html

Pentagon Chiefs Told to Prepare National Security Exemptions to Environmental Laws

ENN Daily News for March 20, 2003. The Pentagon's No. 2 official has ordered military service chiefs to provide examples in which President Bush could cite national security and exempt defense facilities from certain environmental laws. http://www.enn.com/news/2003-03-21/s_3483.asp

Great Lakes Commission Issues Call to “Restore the Greatness!”

Great Lakes Commission news release. 3/20/03. Saying that it’s time to give the Great Lakes their due, Great Lakes Commission Chair Sam Speck released their 2003 Great Lakes Program to Ensure Environmental and Economic Prosperity to members of Congress and regional leaders gathered in Washington, D.C. First released in 2001 and updated annually, the Great Lakes Program has met with considerable success, and numerous elements have seen favorable action by the Congress. The Great Lakes Program is an important step toward the development of a large-scale, long-term Great Lakes Restoration Plan. http://www.glc.org/restore

Service Releases Proposed Rule On Double-Crested Cormorant Management

FWS news release, 03/17/03.  The USFWS published a proposed rule that, if approved, will guide its national management strategy for double-crested cormorants. The rule, which would implement the preferred alternative identified in a draft Environmental Impact Statement on Double-Crested Cormorant Management released in 2001, gives 24 State fish and wildlife agencies, Tribes, and the Agriculture Department greater flexibility to manage double-crested cormorants to reduce conflicts with human activities such as recreational fishing and commercial aquaculture.  Double-crested cormorants are colonial waterbirds whose numbers have increased substantially in the past 30 years. http://news.fws.gov/newsreleases/

Comment Period Reopened for Critical Habitat Designation in California and Oregon

Federal Register, 03/14/03.  U.S. Fish and Wildlife Service announced the reopening of the comment period for the proposed rule and economic analysis to designate critical habitat for four vernal pool crustaceans and eleven vernal pool plants in 36 counties in California and one county in Oregon. The species have all adapted to the generally mild climate and seasonal periods of inundation and drying which help make the vernal pool ecosystems of California and southern Oregon unique. Comments due by March 28, 2003. E-mail comments to vernalpool@fws.gov. http://sacramento.fws.gov/.

Final Withdrawal of 2000 TMDL Rule; Existing Rules Make Progress Cleaning Up Impaired Waters

In an action strongly supported by agriculture, forestry, states, industry, and the U.S. Congress, EPA Administrator Christie Whitman on March 13 withdrew a controversial rule that would have revised EPA's program for cleaning up impaired waters - the July 2000 final Total Maximum Daily Load (TMDL) rule. The 2000 rule was determined to be unworkable based on reasons described by more than 34,000 comments and was challenged in court by some two dozen parties. Congress stopped the rule's implementation, and the National Academy of Sciences' National Research Council (NRC) found numerous drawbacks with the July 2000 rule. http://www.epa.gov/newsroom

Lawsuit Challenges Bush Factory Farm Rules

03/10/03.  J.R. Pegg, Washington, DC, (ENS) - Environmentalists have mounted a legal challenge to the Bush administration's new rule to limit water pollution from the nation's largest livestock operations. The administration's rule violates the Clean Water Act, the plaintiffs contend, and gives the livestock industry free reign to discharge animal waste into the nation's waters without fear of penalty or accountability. For full text and graphics visit: http://ens-news.com/ens/mar2003/2003-03-10-10.asp

EPA Postpones the National Pollutant Discharge Elimination System For Oil and Gas Construction Activity

Federal Register, 03/07/03. The EPA announced the postponement until March 10, 2005 of the requirement to obtain National Pollutant Discharge Elimination System (NPDES) storm water permit for oil and gas construction activity that disturbs one to five acres of land. Since January 2002, EPA has become aware that close to 30,000 oil and gas sites may be affected by the Phase II storm water regulations. In the spirit of Executive Order 13211, which directs EPA to consider the impact of its actions on energy-related production activities, the Agency believes it is important to review this new information. http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=38840322406+1+0+0&WAISaction=retrieve

Habitat Conservations Plans May Be Too Much of a Good Thing

ENN Daily News for March 06, 2003. By John Krist. Habitat loss linked to urban growth has given San Diego County more imperiled wildlife species than any other county in the United States. Political conflict is common wherever urban development pushes into habitat occupied by imperiled wildlife. Every state and region has its own battlegrounds, but nowhere is the collision between human population pressures and natural ecosystems more pronounced than on California's rapidly growing south coast. The conflict is particularly acute in San Diego County, a biological hotspot with a booming human population. As a result, the county has become a nationwide example of the promises and pitfalls of large-scale conservation planning, the latest example of which is entering its final phase in March. http://www.enn.com/news/2003-03-07/s_2611.asp

Corps Backs Away from Seaway Expansion Study

03/03/03.  David Sommerstein, The Great Lakes Radio Consortium.  The U.S. Army Corps of Engineers is pulling back from the idea of expanding locks and channels in the St. Lawrence Seaway for bigger ships. Instead, the Corps is going to study more about the Seaway's existing conditions, including environmental concerns. The U.S. Army Corps of Engineers says more research still needs to be done on the current Seaway system. The Corps will focus on the costs of maintaining existing locks and channels for the next fifty years. http://glrc.org/transcript.php3?story_id=1829

USFWS Releases Final Recovery Plan for Southwestern Willow Flycatcher

Federal Register, 03/05/03.  The USFWS announced the availability of the Final Recovery Plan for the southwestern willow flycatcher. The breeding range of this bird includes southern California, southern Nevada, southern Utah, Arizona, New Mexico, western Texas, southwestern Colorado, and northern Mexico. Within this region, the species breeds in dense riparian tree and shrub communities associated with rivers, swamps, and other wetlands including lakes (e.g., reservoirs). Most of these habitats are classified as forested wetlands or scrub-shrub wetlands. Concurrent with habitat loss have been increases in brood parasitism by the brown-headed cowbird and the presence of nest predation l, which inhibits reproductive success and further reduces population levels. http://arizonaes.fws.gov

A New Frontier in Water Wars Emerges in East

By DOUGLAS JEHL, 02/28/03.  Great Falls, Md. – "In 1632, King Charles I granted Maryland the right to the Potomac River "from shore to shore." For the most basic of reasons, that is something Virginia, on the Potomac's south bank, is now fighting to overturn. It is a fight over royal charters, interstate compacts and years of precedent, but mostly it is a fight over water, reflecting growing worries in the region that a commodity is not as bountiful as it once seemed. And up and down the East Coast, its echoes can now be heard. Such tensions have long been common in the arid West. But their emergence in the East is relatively recent, a product in large part of scares in 1999 and again last summer, when many rivers fell near critical lows, the victims of drought and development . . . “ http://www.nytimes.com/2003/03/03/national/03RIVE.html

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LEGISLATIVE UPDATES

Senate Votes Against Drilling in Arctic Refuge

WASHINGTON, DC, March 19, 2003 (ENS) - The U.S. Senate rejected a provision to allow oil drilling within the Arctic National Wildlife Refuge (ANWR) Wednesday, despite an intense lobbying effort by the Bush administration and the Republican leadership to approve the measure. For full text and graphics visit
http://ens-news.com/ens/mar2003/2003-03-19-11.asp

Efforts to Fix Energy Bill Face Uphill Battle in Congress

Natural Resources Defense Council news release, 3/27/03. Washington - With war raging in the Persian Gulf, Congress is once again debating energy legislation that does almost nothing to reduce our foreign oil addiction or enhance America's energy security. The House Energy & Commerce Committee will debate the controversial "Energy Policy Act of 2003" (H.R. 3) next Tuesday, April 1. Like the energy legislation that passed the House in August 2001, this latest offering provides billions in federal subsidies to the fossil fuel and nuclear industries while short-changing funding for energy efficiency and clean, renewable energy. http://www.nrdc.org/media/default.asp#0327energy Also see an Americn Rivers news release, “House Energy Bill: Hydropower Title Worse Than Last Year's” at http://www.americanrivers.org/pressrelease/energy031203.htm

Legislation Floated to Combat Aquatic Invasive Species

WASHINGTON, DC, March 6, 2003 (ENS) - Legislation to limit and control aquatic invasive species was introduced into the U.S. Congress Wednesday. Invasive species are plants, animals and other organisms that establish themselves in new ecosystems and are able to proliferate to the detriment of native species. Republican Congressmen Wayne Gilchrest of Maryland and Vernon Ehlers of Michigan and Senators Carl Levin, a Michigan Democrat, and Susan Collins a Maine Republican introduced the National Aquatic Invasive Species Act of 2003 (NAISA). http://ens-news.com/ens/mar2003/2003-03-06-09.asp#anchor5

Representatives McDermott and Petri reintroduce Salmon Planning Act

American Rivers news release, 3/5/03. Washington, DC--­ On the heels of a report by fishing businesses and conservation organizations giving the administration an "F" for failing to protect Columbia and Snake River salmon and steelhead, Representatives Jim McDermott (D-WA) and Tom Petri (R-WI) were joined today by 48 other Members of Congress to reintroduce the Salmon Planning Act. This bi-partisan bill would set in motion the studies and tools necessary for the nation to move forward with stronger, more effective salmon recovery measures if the current federal salmon plan proves inadequate. http://www.amrivers.org/pressrelease/salmon030503.htm.

Bills of Interest Introduced or Moved in Congress

For complete details about any of the following bills visit http://thomas.loc.gov

H.R.1081 Aquatic Invasive Species Research Act
Title: To establish marine and freshwater research, development, and demonstration programs to support efforts to prevent, control, and eradicate invasive species, as well as to educate citizens and stakeholders and restore ecosystems.
Sponsor: Rep Ehlers, Vernon J. [MI-3] (introduced 3/5/2003)      Cosponsors: 73
Latest Major Action: 3/13/2003 House committee/subcommittee actions. Status: Forwarded by Subcommittee to Full Committee by Voice Vote.

S.222/H.R.495 Zuni Indian Tribe Water Rights Settlement Act of 2003
Title: A bill to approve the settlement of the water rights claims of the Zuni Indian Tribe in Apache County, Arizona, and for other purposes, including wetland restoration on the Zuni Heaven Reservation.
Sponsor: Sen Kyl, Jon [AZ] (introduced 1/28/2003)      Cosponsors: 1
Related Bills: H.R.495
Latest Major Action: 3/21/2003 House committee/subcommittee actions. Status: Executive Comment Requested from Interior.

S.473/H.R.962 Clean Water Authority Restoration Act of 2003
Title: To amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over waters of the United States.
House Sponsor: Rep Oberstar, James L. [MN-8] (introduced 2/27/2003)    Cosponsors: 32
Senate Sponsor: Sen Feingold, Russell D. [WI] (introduced 2/27/2003)     Cosponsors: 4
Latest Major Action in the House: 2/28/2003 Referred to House subcommittee. Status: Referred to the Subcommittee on Water Resources and Environment.
Latest Major Action in the Senate: 2/27/2003 Referred to Senate committee. Status: Read twice and referred to the Committee on Environment and Public Works.

H.R.1080/S.525 National Aquatic Invasive Species Act of 2003 
Title: To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to reauthorize and improve that Act.
House Sponsor: Rep Gilchrest, Wayne T. [MD-1] (introduced 3/5/2003)   Cosponsors: 72
Senate Sponsor: Sen Levin, Carl [MI] (introduced 3/5/2003)      Cosponsors: 17
Latest Major Action in the House: 3/17/2003 Referred to House subcommittee. Status: Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Latest Major Action in the Senate: 3/5/2003 Referred to Senate committee. Status: Read twice and referred to the Committee on Environment and Public Works.

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STATES NEWS

Connecticut's Dedication to Wetland Restoration

NOAA Coastal Services Magazine, March/April 2003. “ . . . For the past two decades, coastal resource managers in [Connecticut] have aggressively made restoring [tidal wetlands] one of their top priorities . . . Since then, over 60 separate sites have been restored along Connecticut's coast, and the first dedicated Wetlands Restoration Unit in the country was established . . . The primary approach . . . has been the restoration of tidal flow through tide-gate removal and replacement of undersized culverts . . . [These simple tactics, along with] experienced in-house staff and specialized equipment dedicated to tidal marsh restoration, allows the state to complete restoration projects at the lowest cost in all of New England . . . “ http://www.csc.noaa.gov/magazine/2003/02/conn.html  

NY: $83 Million Set Aside to Protect Long Island Sound

Albany, NY 3/31/03 (ENS) - New York state officials announced Friday an $83.2 million agreement to continue protection and restoration efforts at Long Island Sound . . . [The funding] is being provided under New York's 1996 Clean Water/Clean Air Bond Act, which authorizes $1.75 billion for a variety of environmental programs. It includes $200 million to improve the water quality of Long Island Sound, and with Friday's announcement some $186.6 million of this total has been allocated . . . The agreement will fund 12 projects, including wastewater treatment, stormwater control, nonpoint source pollution control and wetlands restoration . . . “ http://ens-news.com/ens/mar2003/2003-03-31-09.asp#anchor4  

OR: Nature Conservancy Purchases 5,600 Acres Near Willapa Bay

The Nature Conservancy news release, 3/28/03. Naselle - The Nature Conservancy of Washington has purchased 5,600 acres at Ellsworth Creek near Willapa Bay, safeguarding an entire coastal watershed as well as some of the rarest and most biologically diverse forestlands remaining in the Northwest. The Conservancy made its first purchase within the watershed about three years ago. With this latest acquisition, all but 120 acres of the watershed is now protected, making the Ellsworth Creek basin the only fully protected coastal watershed between the Canadian border and the central Oregon coast. http://nature.org/wherewework/northamerica/states/washington/press/press969.html

Oregon Governor Kulongoski Says Economy, Environment are Entwined

03/25/03.  Michelle Cole, Salem -- Oregon's new governor delivered his first major speech on the environment Monday, telling more than 250 activists that the environment and economy are linked and that he would not allow recession to be used as an excuse to weaken wildlife or natural resource protections. "It's important that we keep Oregon's existing environmental standards in place. . . . I will oppose any legislation that attempts to roll them back," Democratic Gov. Ted Kulongoski said, signaling the Legislature that he would take a hard line on any moves to loosen regulations. . . “ http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/104859718279330.xml

FL: Citizen Proposition Purported to Strengthen Wetland Protection

According to an editorial written by Francine Robinson in the March 23 edition of the Gainesville Sun, citizens of Gainesville, FL have an opportunity to strengthen their city wetland laws by prohibiting wetland “alteration.”  The proposed City Charter amendment will also require undisturbed buffers around wetlands and requires violators to restore wetlands at their own expense.  The vote takes place on April 8.  The complete editorial is available at http://sunone.com/apps/pbcs.dll/article?Site=GS&Date=20030323&Category=EDITORIALS0101&ArtNo=303220024&Ref=AR&SectionCat=EDITORIALS  Details of why the city’s Department of Public Works are opposed to the Charter Amendment are located at http://www.cityofgainesville.org/hosted/pubworks/wetlandfacts.pdf

FL: Appeals Court Upholds Manatee Protection

Daytona beach, FL 3/20/03 (ENS) – “A Florida state appeals court upheld Florida state rules aimed at protecting endangered manatees from high speed boats. In a ruling issued Tuesday, Florida's Fifth District Court of Appeal affirmed regulations proposed by the Florida Fish and Wildlife Conservation Commission that require boats to slow down in Florida's Brevard County, which contains key habitat areas for manatees . . . “ http://ens-news.com/ens/mar2003/2003-03-20-09.asp#anchor7

Sonoma County Designated a Distinct Population Segment for the California Tiger Salamander

Federal Register, 03/19/03. The Fish and Wildlife Service has determined an endangered status for the Sonoma County distinct population segment (DPS) of the California tiger salamander. California tiger salamanders are restricted to vernal pools and seasonal ponds in grassland and oak savannah plant communities from sea level to about 460 meters.  In Sonoma County, the California tiger salamander is imperiled by a variety of factors including habitat destruction, degradation, and fragmentation due to urban development, hybridization with non-native salamanders, inadequate regulatory mechanisms, disease, and pesticide drift. This rule is effective upon publication in the Federal Register. http://www.access.gpo.gov/su_docs/fedreg/a030319c.html

California Finalizes Settlement of Colorado River Water Dispute

SACRAMENTO, California, 03/14/03 (ENS) - After months of negotiations, California state officials finally agreed on a plan to address the state's use of Colorado River water. California Governor Gray Davis, whose office convened months of meetings with state negotiators and representatives from four Southern California water agencies, hailed the agreement. State officials briefed other Western states Thursday about the agreement, which must be approved by the U.S. Department of Interior. The battle over water allocation is a critical issue for several western states, including Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming. http://ens-news.com/ens/mar2003/2003-03-14-09.asp#anchor1.

TN: Clinch and Powell Valley Watershed Ecological Risk Assessment Complete

Federal Register, 03/14/03. EPA announced the availability of a final document, Clinch and Powell Valley Watershed Ecological Risk Assessment (EPA/600/R-01/050, September 2002), prepared as a collaborative effort between the National Center for Environmental Assessment--Washington (NCEA-W) within EPA's Office of Research and Development, The Nature Conservancy, the U.S. Fish and Wildlife Service, the Tennessee Valley Authority, and other organizations. This watershed ecological risk assessment was developed to help protect the native mussels and fish of the Clinch and Powell Valley watershed. http://www.epa.gov/ncea

AK: EPA Proposes Penalty for Repeat Wetlands Offender

EPA news release, 3/13/03. The Northwest regional office of EPA has filed a complaint against Alexander Kozned of Ninilchik and his company, Aurora Communications International, Inc., and is seeking a penalty of up to $137,500 for repeated violations of the federal Clean Water Act (CWA). Both the EPA and the ACOE have notified Kozned that his property contains wetlands and that it is a violation of the federal CWA to alter them without a permit issued by the ACOE. Despite the warnings – and two orders each from the Corps and the EPA – Kozned has continued to engage in mechanized land-clearing and road-building activities that have resulted in the discharge of gravel and other materials to approximately three and one-half acres of wetlands, a stream (which discharges to Cook Inlet), and an intertidal area of Cook Inlet adjacent to the stream. http://www.epa.gov/newsroom/#map (click on Region 10)

Corps of Engineers Suspends Its Permit for Georgia Dam

Atlanta, GA 3/13/03 (ENS) – “ . . .  In response to [a] legal challenge, the Savannah District of the U.S. Army Corps of Engineers has suspended its own permit for a proposed dam and 1,477 acre reservoir in Henry and Butts counties. The proposed reservoir would impound Tussahaw Creek, a tributary of Lake Jackson and the Ocmulgee River. The Ocmulgee drains into the Altamaha River, and the Altamaha delta provides nursery habitat for Georgia's fish and shellfish . . . The fourth reservoir to be built in Henry County in just 15 years, the Tussahaw project would destroy hundreds of acres of wetlands and flood almost 20 miles of free flowing stream, the plaintiffs claim. . . “ http://ens-news.com/ens/mar2003/2003-03-13-09.asp#anchor1

DEIS For the Biscayne Bay Coastal Wetlands Project Prepared by the Army Corp of Engineers

Federal Register, 03/07/03. The ACOE announces its intention to prepare a Draft Environmental Impact Statement for the Biscayne Bay Coastal Wetlands Project. The study is a cooperative effort between the Corps and the South Florida Water Management District (SFWMD). The purpose of this project is to rehydrate wetlands and reduce point source discharge to Biscayne Bay. This project is a component of the Comprehensive Everglades Restoration Plan, a multi-year effort to restore the greater Everglades ecosystem while providing water supply and other water-related benefits to South Florida over many decades. The proposed redistribution of freshwater flow across a broad front is expected to restore or enhance freshwater wetlands, tidal wetlands, and nearshore bay habitat.  
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-5486.htm

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NEW PUBLICATIONS and RESOURCES

January-February Edition of National Wetlands Newsletter Available

The Following articles appeared in the January-February 2003 National Wetlands Newsletter. To subscribe or for additional details contact Bonnie Nevel at nevel@eli.org. “Border Estuary Faces Broader Security,” by Jim King; “Wine mixes well with wetlands,” by Tony Sharley and Bill Phillips; “Local Thai Communities Rescue the Sea and Themselves by Protecting Mangroves,” by Alfredo Quarto; “Sustaining Europe's Dynamic Coasts,” by Stephen Crooks; “Mitigation Guidance or Mitigation Myth?” By Julie M. Sibbing.

The New "Elements of a State Water Monitoring and Assessment Program" Released

EPA WaterNews for March18, 2003. On March 14, 2003, EPA released Elements of a State Water Monitoring and
Assessment Program.  This guidance document recommends ten basic elements of a holistic, comprehensive monitoring program that serves all water quality management needs and addresses all water body types.  The elements provide a basic framework that may be tailored to the specific needs of States or other organizations.  The elements include important activities such as developing a strategy that integrates the efforts of monitoring partners, articulating monitoring objectives, designing networks and selecting indicators that serve management needs, ensuring the quality and integrity of data and analyses, managing and reporting data, conducting program evaluations and documenting resource needs to ensure effective program implementation.  http://www.epa.gov/owow/monitoring/

USGS Announces Online Access to Nationwide Fish Community Data

Data on fish communities are now available for 960 stream sites in more than 50 major river basins across the Nation. More than 1,900 fish community samples, collected from 1993 through 2002 by the National Water-Quality assessment (NAWQA) Program, can be downloaded from http://water.usgs.gov/nawqa/data. USGS fish community samples document the presence of all fish species and their relative abundances within designated stream reaches.

New WRI Report Addresses Hypoxia Crisis in the Gulf of Mexico

Washington, DC and Minneapolis, MN, 3/6/03 - The World Resources Institute (WRI) today released a new report, “Awakening the Dead Zone: An Investment for Agriculture, Water Quality, and Climate Change,” evaluating several policy options for addressing the hypoxia, or oxygen depletion, crisis in the Gulf of Mexico. The report suggests the use of market mechanisms like nutrient trading provide the greatest overall environmental benefits and a cost-effective strategy for reducing the Mississippi River Basin’s contribution to the Dead Zone. http://newsroom.wri.org/newsrelease_text.cfm?NewsReleaseID=239

Riparian and Aquatic Ecosystem Monitoring: A Manual of Field and Lab Procedures

This manual is the product of 11 years of volunteer monitoring program coordination by the Student Watershed Research Project (SWRP). The manual was written for high school students and teachers, but would be appropriate for any group involved in volunteer monitoring or even field-based college courses. Written by SWRP staff, local teachers, and participating agency scientists, the manual provides information that is easy to access and use for instruction on watershed science. The manual is a 427 page document, 3 hole punched for a 3 ring binder with 25 tabs separating sections for easy reference. The manual discusses each testing parameter as well as describing materials needed, technique, waste disposal, and reporting of results. www.swrp.org

New Report: Impacts of Impervious Cover on Aquatic Systems
 
The Center for Watershed Protection's newest report is a comprehensive examination of more than 225 multi-disciplinary research studies documenting the impact of urbanization and the associated impervious cover on aquatic systems.  Written in a clear, accessible style, Impacts is the Center's most extensive exploration of imperviousness to date, and reviews the available scientific data on the myriad ways urbanization influences hydrologic, physical, water quality, and biological indicators of aquatic health. The research distilled in this report was conducted in many different
eco-regions, climatic zones and stream types. Weighing in at approximately 150 pages, Impacts includes more than 100 graphics and tables. http://www.cwp.org

New ACOE ERDC Publication: Headcutting on Bottomland Hardwood Wetlands

The U.S. Army Engineer Research and Development Center announces the publication of a new document, "Effects of Headcutting on the Bottomland Hardwood Wetlands Adjacent to the Wolf River, Tennessee" by Karen Weins and Thomas H. Roberts. Available in pdf format at http://libweb.wes.army.mil/uhtbin/hyperion/TN-WRP-HS-CP-2.1.pdf

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POTPOURRI

Alien Species in Cahoots

Non-native bullfrogs and fish from the eastern United States are teaming up against native aquatic species as they invade ponds in the Pacific Northwest, according to a U.S. Geological Survey (USGS) study published today in Ecology Letters. Scientists at the USGS Forest and Rangeland Ecosystem Science Center in Corvallis, Ore., spent 3 years examining the complex relationship among these introduced species in Oregon's Willamette Valley, as well as the effect of these introduced species on native pond amphibians. The scientists found that the non-native fish are aiding bullfrog invasion by eating native dragonfly nymphs that would normally prey on bullfrog larvae. These findings provide the first experimental evidence of "aiding and abetting" between two non-native vertebrates. http://www.usgs.gov/public/press/public_affairs/press_releases/pr1738m.html

The Conservation Fund, Kodak and National Geographic Provide Grants for Greenways

Conservation Fund news release, 02/27/03.  Arlington, VA - The Conservation Fund, Eastman Kodak Company and the National Geographic Society announced that they are now accepting applications for the 2003 Kodak American Greenways Awards Program. Online applications for the awards program, which provide important seed money to stimulate greenway, blueway and trail planning and design, are due June 1, 2003. www.conservationfund.org

Water Resources Specialist Position in Bad River

The Bad River Band Natural Resources Department is seeking a qualified Water Resources Specialist.  Bad River has some outstanding coastal wetland resources within its Reservation and is interested in finding a Wetland Specialist with the proper qualifications to run the Wetlands Program within the Department.  Contact:  Kirsten Cahow, (715) 682-7123/brwater@badriver.com.

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