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

---EDITOR'S CHOICE---
Update Your Records! ASWM Office Location Change
Sixth Circuit Upholds Wetlands Conviction of Developer After SWANCC Review
National Symposium Wetlands 2003: Landscape Scale Wetland Assessment and Management
Federal Judge Ruling Bolsters Federal Protection for U.S. Wetlands, Tributaries
Down Upon the Suwannee River

---NATIONAL UPDATES---
FWS Selects Rule for Resident Canada Geese Management, Releases Cormorant FEIS
Bush Sees Energy Bill Work Within 20 Days
Bush Administration Policies Threaten Northwest's Wild Salmon, Clean Water
State of the Great Lakes Report Gives Non-Native Species Threat a Minus
Ninth Circuit Court of Appeals Rejects Pygmy Owl ESA Listing as "Arbitrary and Capricious"
Experts Warn Global Changes Threaten World’s Protected Areas
Highway-Wetlands Dispute Could Be Clue to EPA Nominee's Views on Environment
Three Cases Speak Volumes About New EPA Choice
Agencies Extend Public Comment Period For Draft EIS About Mountaintop Coal Mining
Six States Say California's Water-Sharing Deal is Unacceptable
Lawsuit Forces Critical Habitat Designation for Tiger Salamander
FWS Designates Critical Habitat for Threatened and Endangered Vernal Pool Species    
Draft Comprehensive Conservation Plan for Mark Twain National Wildlife Refuge Complex Released
Six Klamath Tribes Awarded EPA Funding for Klamath River Solutions
Public Comment Invited on DEA for Endangered Fishes in the Yampa River Basin   

---LEGISLATIVE UPDATES---
Bipartisan Senate Compromise in Jeopardy on Military Environmental Exemptions
Over 400 CWN Members and Friends Have Endorsed the Clean Water Authority Restoration Act
Bills of Interest

---STATES NEWS---
NYS DEC Records First Breeding of Sandhill Cranes in New York
Biggest Private Land Conservation Deal in New Jersey History!
Elk Rapids, MI: Development halted by Army Corps
MD: Judge Delays Slaughter of Md. Mute Swans
FL: Greenway Connects More Than One Million Acres
MA: EPA Orders Southwick Farm to Restore 5.5 Acres of Wetlands
FL: Green Swamp Acquisition Safeguards Water Supply
CA: EPA Gives Napa County $72,000 For Wetland Protection
PA: Owner Cited for Filling in Wetlands at Blue Mountain Ski Area
Three New Manatee Protection Areas Established in Florida
Reclamation Seeks Public Input on Sacramento Valley Water Management Program
AK: Judge Orders Homer Man to Undo Environmental Damage
DJ Case, IDEM Efforts Rewarded With Advertising Award 

---PUBLICATIONS AND RESOURCES---
2003 AMERICAN WETLANDS CONFERENCE PROCEEDINGS ARE NOW AVAILABLE!
Global Warming Could Mean Wetter Grasslands
Now Available: CALBIOTA - A California Species Compendium
Free Watershed Academy Web Training CD Now Available
Coho Salmon Hatcheries Offer Few Benefits, Recovery Depends on Habitat
Making Cents Out of Weed Seed Banks

---POTPOURRI---
BHE Environmental, Inc. Recruiting Entry/Mid-Level Wetland Scientist/Project Manager
Restoring the Natural Flow: Diversions Rebuild Wetlands
2004-2005 Wisconsin Coastal Management Program Request for Proposals
EPA Announces National Wetlands Photography Contest Winners
NOAA Awards $600,000 to American Rivers for Restoration Projects
Gulf Guardian Award goes to Students Growing Seedlings for Wetland Restoration
Idaho Conservation Organization Wins National Wetlands Award    
Exec. Dir. Vacancy Announcement- CARCD

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

EDITOR'S NOTE

Dear friends and colleagues,

My birthday was August 14 – a day that will live on in months if not years of congressional and state investigations. That’s right, our special birthday celebration was usurped by a power outage across the northeastern US. Thinking I had somehow been transported to southern California I ran outside to rejoice but was beaten back by the hot humid weather of the great northeast.  After reconnoitering, the day turned out rather well for my family.  We drove to the Hudson River Superfund Site (i.e., the Hudson River north of the Troy dam) and kayaked around until sunset, quite a lovely and – for me – unusual end to a beautiful summer day here in upstate New York.  Speaking of birthdays, a special shout-out to Barbara Beall – Happy Birthday!!

Drink wine and save wetlands?  Verdad!  The Conservation Fund and Banrock Station Wines have partnered to launch the first national winery and wetlands conservation program. According to a news release, the Banrock Wetlands Conservation Program will provide grants to nonprofit groups that are working to protect and restore sensitive wetlands in their communities. Applications for the grant program will be accepted through the end of the year and winners will be announced in the spring of 2004.  So drink up, and if you are eligible to apply for a grant, reap the benefits of the wetland community’s libation! To learn more visit http://www.conservationfund.org/?article=2001 

Special thanks to this Edition’s contributors, including Michael Wood, Wood Biological Consulting; Kirk Barrett, Rutgers University; Carrie Loyd, BHE Environmental, Inc.; Earle Cummings, livin’ easy in California; Pat Riexinger, NYSDEC; Leah Miller, Izaak Walton League of America; and Tom Taylor, EPA Water, Wetlands and Pesticides Division.

Finally, we want to congratulate our Executive Director Jeanne Christie on her recent nuptials and her imminent move to Maine.  The new office in her new home will provide ASWM with the opportunity to expand its operations and enable Jeanne to take up cross country skiing, snow shoeing, snow shoveling, and more "real" winter activities.  

Happy Labor Day!

Jennifer Brady-Connor
Editor, Wetland Breaking News

EDITOR'S CHOICE

Update Your Records! ASWM Office Location Change

The Clinton, Maryland office of the Association of State Wetland Managers is moving to Windham, Maine over Labor Day Weekend.  Please update you contact information for ASWM Executive Director Jeanne Christie.  The new office address will be:  Association of State Wetland Managers, 2 Basin Road Windham, ME 04062.  The new office phone number is: (207) 892-3399 or cell: (207) 310-8952.  Jeanne's e-mail address will remain jeanne.christie@aswm.org.  The Berne, NY office phone numbers etc. are unaffected by this move.

Sixth Circuit Upholds Wetlands Conviction Of Developer After SWANCC Review (United States v. John A. Rapanos; E.D. MI)

On August 5, 2003 the Sixth Circuit decided that the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. Army Corps of Engineers (SWANCC) did not limit EPA and Corps jurisdiction only to those wetlands which are adjacent to navigable-in-fact waters, as argued by the defendant in the case. The Sixth Circuit explicitly followed the Fourth Circuit's recent decision in United States v. Deaton. and held that the rule was a reasonable exercise of a Congressionally-delegated authority to determine the scope of the statutory phrase "waters of the U.S.". The Sixth Circuit also held that SWANCC was a narrow holding which applied only to whether the "Migratory Bird Rule" could be used as the sole federal jurisdiction to find a pond was a water of the U.S. The decision has enormous practical significance in the post-SWANCC debate; the Michigan DEQ estimate that limiting wetland jurisdiction in the manner argued for by the defendant in this case would federally de-regulate over 80% of the remaining wetlands in the state... http://www.epa.gov/region5/orc/enfactions/enfactions2003/week-0803.htm#081103.

The full text of the decision is available at
http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=03a0268p.06

National Symposium Wetlands 2003: Landscape Scale Wetland Assessment and Management

The Association of State Wetland Managers in cooperation with the New Hampshire Department of Environmental Services and other sponsors/cooperating parties will be holding Wetlands 2003 in Nashua, New Hampshire on October 20-23. The 2003 conference will focus on wetlands and landscape level assessment examining this important subject as it relates to sound science, responsible public policy and emerging legal issues. See http://www.aswm.org/calendar/2003am/cover9.htm for information about the conference, including registration, lodging, a rough outline of the agenda (detailed outline to be posted shortly), information on poster sessions, exhibit space, sponsorship opportunities, scholarships, etc. Early registration rates are available through August 27th.

National Symposium Goals:  The overall goal of this symposium will be to build the capabilities of local governments, states, federal agencies, not for profits and others to assess and manage wetlands and related ecosystems on a landscape level by:

w	Examining the goals and management needs for regional wetland monitoring assessment and management,
w	Integrating compensatory mitigation and voluntary restoration activities into a watershed context,
w	Sharing information concerning the types and scales of data needed and data analysis approaches to meet various landscape scale management needs,
w	Familiarizing wetland, floodplain, stream, and watershed managers with various wetland monitoring and assessment techniques including the comparative advantages and disadvantages of techniques, and
w	Helping wetland managers select techniques appropriate to their circumstances ranging from site-specific planning and regulation to watershed scale analysis, restoration, and management.

For additional information send queries to aswm@aswm.org.

Federal Judge Ruling Bolsters Federal Protection for U.S. Wetlands, Tributaries

Southern Environmental Law Center news release, 7/31/03. Raleigh – In an important decision that affirms federal protection of wetlands, a federal judge has ruled that the development company of Holly Ridge Associates acted illegally when it ditched and drained over 200 acres of wetlands in Onslow County, North Carolina without a permit. The ruling comes in a case brought by the Southern Environmental Law Center on behalf of the North Carolina Shellfish Growers Association and the North Carolina Coastal Federation. The case arose from massive wetland ditching and drainage in southeastern North Carolina during the late 1990’s. In a 44-page decision issued on July 25, Judge Terrence Boyle of the Eastern District of North Carolina ruled that wetlands, small tributary streams, ditches and other waters that are hydrologically connected to navigable waters of the U.S. – even if they are miles away – remain protected under the Clean Water Act. This means that no discharge of pollution, including stormwater sediment and fill material from land-disturbing activities, can take place in these waters without a permit.  Judge Boyle ruled that if pollution from smaller water bodies, such as wetlands, tributaries, intermittent streams and manmade drainage ditches, can reach navigable waters downstream through a hydrological connection, then those smaller waters are also protected. http://www.southernenvironment.org/Newsroom/2003/07-31_hollyridge.htm

Down Upon the Suwannee River

By Ted Williams, September/October 2003 Issue of “Mother Jones.”  “EVEN 152 YEARS AFTER it was made famous by Stephen Foster, the Suwannee fits the song. From the Okefenokee Swamp in southeastern Georgia (the continent's biggest swamp, and one of the few elevated ones), it winds down 235 miles to the Gulf of Mexico in northern Florida. Of all major American rivers it is the least polluted and least obstructed. On other rivers, "flood control" projects such as dams and levees promote property damage by encouraging floodplain development, then failing. On the Suwannee there's only one kind of flood control, the only kind that ever worked – wetlands . . . “  Read the complete article online at http://www.motherjones.com/news/feature/2003/36/ma_495_01.html Also of interest: “A politically connected industry devastates the Everglades” By Ted Levin from the Wednesday, August 06, 2003 E/The Environmental Magazine. http://www.enn.com/news/2003-08-06/s_6690.asp

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NATIONAL UPDATE

FWS Selects Rule for Resident Canada Geese Management, Releases Cormorant FEIS

USFWS news releases, 8/22/03. The USFWS today proposed providing State wildlife agencies more flexibility in controlling resident Canada goose populations. Under a proposed rule published in the Federal Register, the Service would hand over much of the day-to-day management responsibility to States while maintaining primary authority to manage these populations. The proposed rule would authorize population control strategies such as aggressive harassment, nest destruction, gosling and adult trapping and culling programs, increased hunter harvest, or other general population reduction strategies. The rule will also offer guidelines for other activities. In other news, the FWS released a Final Environmental Impact Statement (EIS) on the management of double-crested cormorants. http://news.fws.gov/newsreleases

Bush sees energy bill work within 20 days

August 21, 2003. CRAWFORD, Texas – “U.S. President George W. Bush said this week he believed the U.S. Congress could start work on a final compromise energy plan within the next 20 days following the worst ever blackout in North America. Bush told reporters he spoke by telephone with key Republican lawmakers - Sen. Pete Domenici of New Mexico and Rep. Billy Tauzin of Louisiana - on Monday night and they assured him they could reach an agreement on the hard-fought energy legislation . . . “ http://www.planetark.org/dailynewsstory.cfm/newsid/21926/story.htm

Bush Administration Policies Threaten Northwest's Wild Salmon, Clean Water

American Rivers news release, August 20, 2003. SEATTLE - On the eve of President George W. Bush's visit to the Northwest, American Rivers pointed to recent favorable ocean conditions as the primary reason for high salmon returns in the Columbia and Snake rivers over the past several years. The conservation group warned that far from contributing to healthy salmon populations, the administration's policies actually threaten wild salmon and the communities and local economies that depend on them.  http://www.amrivers.org/pressrelease/salmon082003.htm

State of the Great Lakes Report Gives Non-Native Species Threat a Minus

EPA Region 5 news release, CHICAGO (Aug. 20, 2003). The State of the Great Lakes 2003 report, released today by EPA and Environment Canada, reveals information on over half of the 80 Great Lakes indicators originally proposed in 1998. The State of the Great Lakes 2003 report finds the chemical, physical and biological integrity of the Great Lakes basin ecosystem mixed, based on lake-by-lake and basin-wide assessments of 43 indicators. The State of the Great Lakes 2003 report publicly presents information compiled and discussed at the binational State of the Lakes Ecosystem Conference held in October 2002 in Cleveland. The State of the Great Lakes 2003 report and supporting documentation on the indicators are available online at http://www.binational.net/.

Ninth Circuit Court of Appeals Rejects Pygmy Owl ESA Listing as "Arbitrary and Capricious"

National Association of Home Builders news release, 8/20/03. In a unanimous decision the U.S. Ninth Circuit Court of Appeals ruled yesterday that the U.S. Fish and Wildlife Service’s (FWS) rationale for its 1997 listing of the Arizona population of the cactus ferruginous pygmy owl as endangered under the Endangered Species Act (ESA) was arbitrary and capricious. The court also ruled in National Association of Home Builders et al v. Norton that, based on the science utilized by the Service, the owl should never have been listed and that the listing violated the federal agency’s own policies.  The Ninth Circuit decision marks the first time in over a decade that a court has ruled that the Service was wrong in listing a species, and it may be the first decision in which an appellate court has ruled that an FWS listing decision was arbitrary. http://www.nahb.org/news_details.aspx?sectionID=148&newsID=468

Experts Warn Global Changes Threaten World’s Protected Areas

World Resources Institute news release, 8/19/03. WASHINGTON, DC - Experts today warned that global changes such as climate change, growing population, and invasive alien species are threatening the unprecedented gains made in establishing parks and protected areas worldwide which today cover nearly 13 percent of the world’s land area. Since the establishment of Yellowstone as the world’s first national park in 1872, there are now 102,101 protected areas covering 18.8 million square kilometers. The total protected areas have more than doubled in the last ten years. This is larger than Canada, the United States, and Germany combined. http://newsroom.wri.org/

Highway-Wetlands Dispute Could Be Clue to EPA Nominee's Views on Environment

Friday, August 15, 2003, By John Heilprin, Associated Press. WASHINGTON — “Over the objections of environmentalists and Salt Lake City's mayor, Utah Gov. Mike Leavitt has spent $235 million on a new highway that would unsnarl a major commuter bottleneck. The project, stopped for now by a federal appeals court, would pave over 114 acres of Great Salt Lake wetlands that is protected for migratory waterfowl. Still, Leavitt's highway effort offers a glimpse into how he might run the Environmental Protection Agency . . . “ http://www.enn.com/news/2003-08-15/s_7557.asp 

Three Cases Speak Volumes about New EPA Choice

Earthjustice news release, 8/13/03. Denver, CO-- Utah Governor Mike Leavitt, a Republican who has actively worked to undermine federal environmental protections, has been tapped by President Bush as the next administrator of the Environmental Protection Agency, the agency responsible for enforcing many federal environmental laws. Earthjustice has had close dealings with the Leavitt administration in a number of legal cases, three of which are examined at http://www.earthjustice.org/news/display.html?ID=661

Agencies Extend Public Comment Period For Draft EIS About Mountaintop Coal Mining

USACOE, news release, 8/14/70. WASHINGTON D.C. -- Federal and state agencies have extended the comment period for public review of a draft environmental impact statement (EIS) that recommends new actions to protect Appalachian streams from effects associated with mountaintop coal mining. The comment period was to close on August 29. It will now close 130 days later on January 6, 2004. http://www.usace.army.mil/inet/functions/cw/cecwo/reg/citizen.htm

Six States Say California's Water-Sharing Deal is Unacceptable

Friday, August 08, 2003, By Seth Hettena, Associated Press. SAN DIEGO — “Six Western states that share the Colorado River with California have told Gov. Gray Davis that a landmark deal aimed at weaning the state from its overuse of the river's water is unacceptable. Representatives of Arizona, Colorado, Nevada, New Mexico, Utah and Wyoming signed a letter Tuesday to Davis outlining their problems with the complex deal under consideration by four Southern California water agencies. A copy of the letter was obtained Wednesday by The Associated Press. Approval by the six states is crucial to California's hopes of reaching the long-awaited Colorado River-sharing deal sought by the U.S. Interior Department . . . “http://www.enn.com/news/2003-08-08/s_7312.asp

Lawsuit Forces Critical Habitat Designation for Tiger Salamander

Center for Biological Diversity news release, 8/8/03.  CA – A successful lawsuit filed by the Environmental Defense Center (EDC) and Center for Biological Diversity (CBD) resulted in the designation of critical habitat for the endangered Santa Barbara County California tiger salamander by November of 2004. A Central District Court Judge ruled this week that the USFWS failed to designate critical habitat for this species as required by the Endangered Species Act (ESA), and rejected as “unreasonable” FWS’s attempt to further delay designation by an additional 5 years. As a result of the lawsuit, FWS now has until January 15, 2004 to propose critical habitat for the salamander and must issue a final designation by November 15, 2004. All interested parties will have an opportunity to comment on the proposal. http://www.biologicaldiversity.org/swcbd/press/cts8-11-03.htm

FWS Designates Critical Habitat for Threatened and Endangered Vernal Pool Species    

USFWS news release, 8/6/03. The U.S. Fish and Wildlife Service today designated approximately 740,000 acres in 30 California counties and one Oregon county as critical habitat for 15 wetland animals and plants listed as threatened or endangered under the Federal Endangered Species Act.  The final designation represents a reduction in acreage from the approximately 1.7 million acres the Service proposed as critical habitat in September 2002. http://news.fws.gov/newsreleases

Draft Comprehensive Conservation Plan for Mark Twain National Wildlife Refuge Complex Released

USFWS news releases, 8/1/03. The U.S. Fish and Wildlife Service is seeking public input on a draft plan that will help guide management of the Mark Twain National Wildlife Refuge in Illinois, Missouri, and Iowa. The draft Comprehensive Conservation Plan and Environmental Assessment for the Mark Twain National Wildlife Refuge Complex is available for public review, and comments will be accepted through September 30, 2003. In addition, the Service will host a series of public open houses in August and September to further encourage public involvement in the planning process for the Mark Twain Complex. http://news.fws.gov/newsreleases

Six Klamath Tribes Awarded EPA Funding for Klamath River Solutions

EPA Region 9 news release, 7/31/03. SAN FRANCISCO -- The U.S. Environmental Protection Agency today announced a $100,000 grant to the Yurok Tribe, which will be shared among five tribes to help find solutions to problems facing the Klamath River. Wayne Nastri, Regional Administrator of the EPA's Pacific Southwest region, made the announcement while meeting with leaders of the Klamath Basin tribes, including; Resighini Rancheria, Yurok Tribe, Hoopa Valley Tribe, Karuk Tribe of California, and Quartz Valley Indian Reservation. The tribes have agreed to work together on water quality improvement projects on the Klamath River. The Yurok tribe will administer the grant that will be shared with the participating tribes. http://yosemite.epa.gov/r9/r9press.nsf/news?readform

Public Comment Invited on DEA for Endangered Fishes in the Yampa River Basin    

USFWS news releases, 7/30/03. LAKEWOOD, Colo.– The U.S. Fish and Wildlife Service invites public comment on a draft Environmental Assessment (EA) for the Management Plan for Endangered Fishes in the Yampa River Basin as part of the National Environmental Policy Act (NEPA) review process. The proposed action is to enter into a cooperative agreement with the States of Colorado and Wyoming to implement provisions of the Management Plan for Endangered Fishes in the Yampa River Basin. The management plan addresses the impacts of present and future water depletions in the Yampa River Basin, while maintaining instream flows and other habitat components necessary to recover the endangered humpback chub, bonytail, Colorado pikeminnow and razorback sucker. Written comments on the management plan and EA must be postmarked by August 31, 2003. http://news.fws.gov/newsreleases

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LEGISLATIVE UPDATES

Bipartisan Senate Compromise in Jeopardy on Military Environmental Exemptions

Center for Biological Diversity news release, 8/21/03. WASHINGTON DC -- An eight-month struggle over whether America’s military will receive special exemptions from public health and environmental laws will finally be resolved in September. A House-Senate conference committee plans to finalize its work on the Fiscal Year 2004 Defense Authorization bill shortly after Labor Day. The committee will decide the fate of proposed sweeping new exemptions from critical provisions of the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) covering tens of thousands of acres of military lands and waters and broad areas of military activities, along with a special rider that would jeopardize the San Pedro River National Conservation Area in Arizona. http://www.biologicaldiversity.org/swcbd/press/dod8-21-03.htm

Over 400 CWN Members and Friends Have Endorsed the Clean Water Authority Restoration Act

Clean Water Network website, 8/20/03. More than 400 Clean Water Network members and friends have endorsed the Clean Water Authority Restoration Act of 2003 (H.R. 962 and S. 473). This bill will reaffirm the historical jurisdiction of the 1972 Clean Water Act and ensure all "waters of the United States" that have been covered by federal protections for 30 years retain federal Clean Water Act protection.  Learn more or review the list of endorsers as of 8/19/03 at http://www.cwn.org/

Bills of Interest

S.1539 National Clean and Safe Water Fund Act of 2003
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.01539:
Title: A bill to amend the Federal Water Pollution Control Act to establish a National Clean and Sage Water Fund and to authorize the Administrator of the Environmental Protection Agency to use amounts in the Fund to carry out projects to promote the recovery of waters of the United States from damage resulting from violations of that Act and the Safe Drinking Water Act, and for other purposes.
Sponsor: Sen Reed, John F. [RI] (introduced 7/31/2003)      Cosponsors: 6
Latest Major Action: 7/31/2003 Referred to Senate committee. Status: Read twice and referred to the Committee on Environment and Public Works.

H.R.2871 National Drought Preparedness Act of 2003
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.0287:
Title: To establish a National Drought Council within the Department of Agriculture, to improve national drought preparedness, mitigation, and response efforts, and for other purposes.
Sponsor: Rep Hastings, Alcee L. [FL-23] (introduced 7/24/2003)      Cosponsors: 30
Latest Major Action: 7/24/2003 Referred to House committee. Status: Referred to the Committee on Agriculture, and in addition to the Committees on Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

S.1454 National Drought Preparedness Act of 2003
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.01454:
Title: A bill to establish a National Drought Council within the Department of Agriculture, to improve national drought preparedness, mitigation, and response efforts, and for other purposes.
Sponsor: Sen Domenici, Pete V. [NM] (introduced 7/24/2003)      Cosponsors: 17
Latest Major Action: 7/24/2003 Referred to Senate committee. Status: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

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STATES NEWS

NYS DEC Records First Breeding of Sandhill Cranes in New York

Environment DEC newsletter, August 2003.  “A recent discovery at a Bird Conservation Area (BCA) within the Northern Montezuma Wildlife Management Area (WMA) in central New York provides the first substantial proof that sandhill cranes have successfully bred in the state. Prior to the recent discovery of a pair of sandhill cranes with a chick, these birds had been sighted in New York mostly during migration periods that run from March through April and October through November. They had not, however, been known to breed in the state. Over the past few years, a pair of sandhill cranes had been observed at the Northern Montezuma WMA from spring through fall, raising the possibility that they were breeding. Sightings of sandhill cranes have been on the increase throughout the northeast. They have been reported from Pennsylvania to Vermont and north into the Canadian province of Quebec . . . “ http://www.dec.state.ny.us/website/environmentdec/2003b/sandhillcrane.html 

Biggest Private Land Conservation Deal in New Jersey History!

Rob Aldrich, Land Trust Alliance. Silicon Valley Biz Ink and PR Newswire report that the New Jersey Conservation Foundation exercised an option to purchase a 9400-acre tract in the Pine Barrens. The deal is a bargain sale for $12 million; NJCF has already raised the first $5 million in 11 months and will use 5-year loans to cover the rest. The 14 square mile property that connects five state-owned properties has thousands of acres of wetland and upland forests including 600 acres of Atlantic white cedar swamp and has exceptional habitat for native and endangered species including bald eagles and the unique Pine Barrens tree frog. It is part of an ecological region of international significance, the 1.1 million-acre Pine Barrens that stretch across 22% of the state, which were designated a Biosphere Reserve in 1988 by UNESCO. The Pine Barrens contain the largest swath of open space on the mid-Atlantic seaboard between Boston and Richmond. http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=SVBIZINK11.story&STORY=/www/story/08-13-2003/0002000098&EDATE=WED+Aug+13+2003,+10:01+AM

Elk Rapids, MI: Development halted by Army Corps

By Keith Matheny, Traverse City Record-Eagle, 08/18/03.  ELK RAPIDS – “It sits like a monument to unresolved conflict - 20-plus acres of undulating, disturbed earth, overgrown weeds and water retention ponds, off Fourth Street in the village. Developer Bill Clous' Elk Rapids Preserve housing project has lingered in this condition for more than a year, after the Army Corps of Engineers ordered work halted at the site in the spring of 2002. Some environmentalists called site development there the largest wetlands fill in the state in recent years. Now comes the debate over whether the wetlands will be restored . . . “ http://www.greatlakesdirectory.org/mi/081803_great_lakes.htm 

MD: Judge Delays Slaughter of Md. Mute Swans

By Tim Craig, Washington Post Staff Writer, Wednesday, August 20, 2003; Page B03. “It's not a full pardon, but Maryland's mute swans have received a brief stay of execution from a federal judge. U.S. District Judge Emmet G. Sullivan has ordered Maryland wildlife officials to refrain from killing the birds until at least Sept. 2, when he hears arguments from animal rights activists seeking to halt the shooting of the nonnative species . . . “ http://www.washingtonpost.com/wp-dyn/articles/A17667-2003Aug19.html 

FL: Greenway Connects More Than One Million Acres

FL DEP news release, 8/15/03. TALLAHASSEE – The expansion of a 200-mile conservation corridor spanning four Northeast Florida counties today received unanimous approval by the State’s Acquisition and Restoration Council. The nine-member panel voted to make the addition of 153,000 acres to the Camp Blanding to Osceola National Forest Ecological Greenway a Florida Forever priority. Four major blackwater streams originate within the project, two of which are tributaries to the Santa Fe and Suwannee Rivers, both designated as Outstanding Florida Waters. Eight other new projects were approved by the Council as well for possible inclusion as 2003 Florida Forever priorities. Florida Forever is a 10-year, $3 billion program established by Governor Bush that conserves environmentally sensitive, undeveloped land, restores water resources and preserves important cultural and historical resources. http://www.dep.state.fl.us/secretary/comm/2003/august/0815.htm

MA: EPA Orders Southwick Farm to Restore 5.5 Acres of Wetlands

EPA Region 1 news release, 8/12/03. BOSTON – EPA has ordered the owner of a farm in Southwick to restore wetlands that were destroyed more than a decade ago in violation of the federal Clean Water Act. In an administrative order issued this month, EPA's New England office ordered the owner of Calabrese Farms off South Longyard Road to remove fill and restore the water flow, of 5.5 acres of former wetlands that had been filled. According to the order, owner Thomas Calabrese filled the wetlands in the late 1980s in order to create more farmland after he acquired the 18.7-acre farm from his father. In 1997, the US Army Corps devised a wetland restoration plan. Calabrese had still not carried out this plan as of this year, and the Corps asked EPA to take over the enforcement of the case. http://www.epa.gov/region1/pr/2003/aug/030808.html

CA: EPA Gives Napa County $72,000 For Wetland Protection

EPA Region 9 news release, 8/11/03. SAN FRANCISCO – EPA recently awarded $72,000 to the Napa Resource Conservation District to protect wetlands in the Napa River area. This grant is part of over $1.5 million the EPA will award to fourteen states, tribes and local governments this year to protect wetlands in California, Nevada, Arizona and Hawaii. The district will use the money to augment its volunteer stream monitoring program, study wetland health and educate the public about the importance of wetlands. The money will assist the district in conducting bird counts, water quality and fish sampling and vegetation surveys. Results will be reported to the public, researchers and government agencies. Any states, tribes, or local governments seeking funding for wetlands protection can apply to the EPA after Sept. 7 at www.epa.gov/owow/wetlands/grantguidelines.

PA: Owner Cited for Filling in Wetlands at Blue Mountain Ski Area

PA Weekly DEP newsletter, week of 8/8/03. EPA has issued a Clean Water Act complaint against the Tuthill Corp., owner of the Blue Mountain Ski Area, for the alleged unlawful dumping of fill material in a stream and wetlands at the ski resort in Lower Towamensing Township, Carbon County. EPA seeks a $50,000 penalty for the company's failure to obtain a required Clean Water Act permit before dumping fill material into 1,100 feet of a stream flowing into the Aquashicola Creek (a tributary of the Lehigh River) and adjacent wetlands. The alleged violations occurred from April through June 2002. The company has the right to a hearing to contest the alleged violation and proposed penalty. 

Three New Manatee Protection Areas Established in Florida

Tuesday, August 05, 2003, By Associated Press. JACKSONVILLE, Fla. — “Federal officials on Friday announced the establishment of three new manatee protection areas, but advocates of the sea cows immediately criticized the new restrictions as too weak. The new refuges where watercraft will have to operate at reduced speeds will be along portions of the Caloosahatchee, Halifax and St. Johns rivers in northern Florida. The three waterways are considered areas of high danger for boating deaths and injuries for manatees. Traffic on a combined 115 miles of waterway would be limited to idle speed . . . “ http://www.enn.com/news/2003-08-05/s_7178.asp 

Reclamation Seeks Public Input on Sacramento Valley Water Management Program

US Bureau of Reclamation, Mid-Pacific Region. 8/5/03. The US Bureau of Reclamation and the California Department of Water Resources are seeking public input on the preparation of the programmatic Environmental Impact Statement/Environmental Impact Report for implementing the short-term Sacramento Valley Water Management Program (SVWM Program). The purpose of the SVWM Program is to promote better water management in the Sacramento Valley and develop additional water supplies through a cooperative water management partnership. The short-term projects and actions include the development of ground water to substitute for surface water supplies, reservoir reoperation, and system improvements. http://www.usbr.gov/mp/mp140/news/2003/MP-03-042.pdf

AK: Judge Orders Homer Man to Undo Environmental Damage

EPA Region 10 news release, 8/4/03. On July 21, 2003, Federal District Court Judge Ralph R. Beistline issued orders requiring Clarence Abeldgaard, of Homer, to remedy recent discharges of fill material into a salmon-bearing stream on Alaska's Kenai Peninsula. The EPA alleges that while developing three subdivisions adjacent to Stariski Creek near Anchor Point, Abeldgaard and his construction company, Oceanview Enterprises, illegally filled more than ten acres of wetlands between 1997 and 2002. In 1998, Abeldgaard settled an enforcement action brought by the U.S. Army Corps of Engineers for illegal road-building activities, and he has ignored a variety of cease-and-desist orders, information requests, and EPA orders. He is currently in contempt of a court order to comply with various information discovery requests made by the United States in this case. http://www.epa.gov/newsroom/#map

DJ Case, IDEM Efforts Rewarded With Advertising Award 

IDEM news release, 7/31/03. A public outreach effort designed to educate Hoosiers about confined feeding, wetlands and other waterway regulations has won prestigious awards for D.J. Case & Associates, which worked with the Indiana Department of Environmental Management (IDEM) on the projects. The brochures “Getting Your Feet Wet in Indiana’s Wetlands” and “Waterways Permitting Handbook” received Communicator Awards of Distinction. The 2003 Print Media Communicator Awards recognize international excellence in written communication. The publications are available from IDEM’s Office of Water Quality’s Web site.  http://www.state.in.us/serv/presscal?PF=idem&Clist=16&Elist=72882

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NEW PUBLICATIONS and RESOURCES

2003 AMERICAN WETLANDS CONFERENCE PROCEEDINGS ARE NOW AVAILABLE!

IWLA e-mail announcement, 8/11/03. Please visit the Izaak Walton League's Web site at http://www.iwla.org/SOS/awm/conference/2003_proceedings.html to view proceedings of the 2003 American Wetlands Conference. The most comprehensive national training conference on wetland issues, the American Wetlands Conference provided a forum for volunteers, biologists, government agency representatives, policy makers, nonprofit organizations, businesses, and educators to discuss the latest trends in wetland conservation. Some of the many topics covered at the conference included: the status and ecological importance of geographically isolated and ephemeral wetlands, a discussion of whether or not isolated wetlands need federal protection, wetland construction, monitoring and assessment, hands-on education, conservation development and land-use planning as wetland conservation tools, and public perceptions of wetlands. Please continue to visit www.iwla.org/sos/awm for a complete summary and photos of conference events. 

Global Warming Could Mean Wetter Grasslands

Environmental News Service - 8/4/03. STANFORD, California – “A two year long experiment conducted in the grassy foothills above Stanford University's main campus has shown that wetter grassland ecosystems could result from global warming. The study, by researchers from Stanford and the Carnegie Institution of Washington, contradicts many climate models that forecast drier natural landscapes, including grasslands, due to climate warming. Instead of causing the soil to dry up, higher temperatures increased soil moisture by as much as 10 percent, researchers found . . . Published in the Proceedings of the National Academy of Sciences (PNAS), the Stanford grasslands study will be posted this week on PNAS Online at: http://www.pnas.org/ . . . “

Now Available: CALBIOTA - A California Species Compendium

CALBIOTA - A California Species Compendium, is the first comprehensive database of all common and rare non-marine plants and vertebrate animals, and many invertebrates recorded from California. CALBIOTA is intended to serve as a single-source reference of the currently accepted scientific and common names, current state and federal endangered species status, and special-species status for all upland and wetland plant and animal taxa in the state. Designed specifically to meet the needs of environmental consultants, CALBIOTA greatly simplifies the preparation of species lists, tables and wetland delineation forms used in biological assessments, biological sections and appendices of Environmental Impact Reports/Statements (EIRs/EISs) and related technical reports documenting the results of focused botanical and wildlife studies. An easily accessible single-source reference of plant and animal names. http://www.calbiota.com/.

Free Watershed Academy Web Training CD Now Available

EPA WaterNews for August 20, 2003. The Watershed Academy's online training program, Watershed Academy Web (http://www.epa.gov/watertrain/), is now available on a free CD as well as on the Internet.  The CD format allows users to save their limited web access time as well as move through the training modules more quickly than they could via slow web connections.  This training CD contains 44 modules on the primary elements of watershed management, and also includes all the materials needed for the training certificate earned by over 500 graduates in 47 states and 14 countries.  Single copies are available by requesting "Watershed Academy Web on CD" publication no. EPA 841-C-03-001 from ncepimal@one.net or by phone at 1-800-490-9198.  Ordering information is also available on the Watershed Academy Web home page.  For more information contact Doug Norton at 202-566-1221.

Coho Salmon Hatcheries Offer Few Benefits, Recovery Depends on Habitat

Pacific Rivers Council news release, 8/21/03. Eugene, OR - A study by independent scientists indicates that Oregon coastal Coho salmon populations are unlikely ever to be restored by fish hatcheries. The study underscores that recovery of dwindling salmon runs depends on the protection and restoration of freshwater habitat. The study's purpose was to answer the question, Under what circumstances could hatchery fish stocking contribute to the recovery or viability of natural populations of Oregon Coast Coho salmon? "The main finding is simple, but important," said Dr. Chris Frissell, Pacific Rivers Council Senior Scientist and part of the study review team. "Even the best hatcheries we can design pose a clear risk of harm, but promise little or no benefit to populations of salmon breeding in the wild." http://www.pacrivers.org/article_view.cfm?ArticleID=1181&RandSeed=35832

Making Cents Out of Weed Seed Banks

Agricultural Research Service. By David Elstein, August 19, 2003.  “Weed seed "banks"--spots where many weed seeds lie dormant in the soil, creating a major nuisance for large farms as well as backyard gardens--are expensive to deal with. But Agricultural Research Service plant physiologists are working on inexpensive, environmentally friendly ways to control the banks to prevent future weed problems. At the ARS Water Management Research Laboratory in Fort Collins, Colo., Lori J. Wiles and Dale L. Shaner are studying ways to reduce how much herbicide is needed to kill the weed seeds. Shaner is looking at the relationship between electrical conductivity (EC) of the soil and herbicide binding. By knowing the EC of the soil, he hopes to be able to adjust the level of herbicide used, so farmers don't have to apply more than is necessary . . . “ http://www.ars.usda.gov/is/pr/2003/030819.htm

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POTPOURRI

BHE Environmental, Inc. Recruiting Entry/Mid-Level Wetland Scientist/Project Manager

BHE Environmental, Inc., an environmental, engineering consulting company providing services to clients nationwide, has an immediate opening in our Cincinnati office for an Entry/Mid-Level Wetland Scientist. This position requires prior training in the implementing techniques in the COE's 1987 Manual, and experience in wetland delineation.  Experience in wetland permitting; stream and wetland evaluation using Ohio-specific techniques; mitigation; and project management with DoD, FERC, DOT, and other linear corridor projects a plus.  At a minimum, responsibilities will include field work, and reporting.  Additional responsibilities and opportunities for advancement available.  Strong written and oral communication skills mandatory. This is a full-time, permanent position. BHE offers competitive salaries. Full-time positions include medical, dental, disability, and life insurance, 401k program, Section 125 flex plan, and incentive programs. Please submit resume, salary history, and references to: BHE Environmental, Inc., Attn: Human Resources, 11733 Chesterdale Road, Cincinnati, Ohio 45246, Fax (513) 326-1550, Email: cloyd@bheenv.com An EOE/M/F/D/V Employer

Restoring the Natural Flow: Diversions Rebuild Wetlands

Louisiana “WaterMarks”, August 2003. “SWOLLEN WITH waters drained from nearly half of the continental United States, the Mississippi River in flood stage embodies the terrifying and destructive force of nature. In its wake it can leave a trail of devastated fields, uprooted trees and ruined buildings. To protect human life and property from the ravages of flood, a 1,600-mile system of levees and control structures now constrains the river and funnels its muddy waters into the Gulf of Mexico. But, while shielding cities and industry from disaster, these barriers of earth and concrete are starving the wetlands to death. Deprived of the floodwaters' rejuvenating nutrients and sediment, the coastal wetlands cannot combat the degrading effects of subsidence and saltwater intrusion and are vanishing . . . ” Continue reading this issue at http://www.lacoast.gov/watermarks/2003-08/index.htm

2004-2005 Wisconsin Coastal Management Program Request for Proposals

The Wisconsin Coastal Management Program (WCMP) is soliciting proposals to enhance, preserve, protect and restore resources within the state's coastal zone - all counties adjacent to Lakes Superior and Michigan, with their 820 miles of shoreline. WCMP Grants are available for coastal land acquisition, coastal wetland protection and habitat restoration, nonpoint source pollution control, coastal resource and community planning, Great Lakes education, public access and historic preservation.  Applications are due November 7, 2003. Applicants are encouraged to contact WCMP staff early to discuss ideas for project proposals and application requirements.  Application materials and the Request for Proposals are available on the WCMP website (http://coastal.wisconsin.gov/).

EPA Announces National Wetlands Photography Contest Winners

EPA news release, August 20, 2003. SAN FRANCISCO -- The U.S. Environmental Protection Agency recently announced the winners of its 2003 wetlands photography contest, an annual event that promotes public awareness of the functions and values of wetlands. The grand prize winner and twelve finalists highlighted this year's theme, Wetland Wildlife, in their photographs of reptiles, amphibians, insects, birds, and mammals.  The winning entries were recently displayed at the Capitol in Washington, D.C., during the National Wetlands Awards Ceremony, and are posted on the EPA's website at: http://www.epa.gov/owow/wetlands/photocontest2003.html.

NOAA Awards $600,000 to American Rivers for Restoration Projects

American Rivers new release, July 31, 2003. Entering the final year of a three-year partnership, the National Oceanic and Atmospheric Administration (NOAA) today awarded American Rivers with $600,288 to distribute for river restoration projects in the Northeast, mid-Atlantic, and California.  NOAA, an agency of the Commerce Department, and American Rivers will jointly evaluate proposals and disperse this money as grants to implement fish passage, selective dam removal, and other associated habitat restoration projects that benefit anadromous and marine resources.  http://www.amrivers.org/pressrelease/noaa073103.htm

Gulf Guardian Award goes to Students Growing Seedlings for Wetland Restoration

Seagrant News, 8/13/03. “Coastal Roots, a program in which students and teachers grow seedlings for wetland restoration, has been named a second place Gulf Guardian Award winner by the Gulf of Mexico Program of the U.S. Environmental Protection Agency. Coastal Roots, jointly managed by Louisiana Sea Grant and Louisiana State University, helps restore critical Gulf of Mexico coastal habitats, instills in students a sense of responsibility for wetlands restoration, and informs the public of coastal restoration needs. The Gulf Guardian Awards were launched four years ago to recognize businesses, community groups, individuals, and agencies taking steps to keep the Gulf healthy, beautiful, and productive. Awards for 2003 will be presented during the Southern States Environmental Conference September 23-25 in Biloxi, Mississippi. More information on the awards is posted at http://www.epa.gov/gmpo.”

Idaho Conservation Organization Wins National Wetlands Award   
 
USFWS news releases, 7/31/03. The Teton Regional Land Trust in Driggs, Idaho has been selected for the Interior Department’s National Wetlands Conservation Award to the Private Sector for 2003, the U.S. Fish and Wildlife Service announced today. The award recognizes ongoing projects by the Trust in wetland conservation. The Trust, as well as the Santa Ana Watershed Association of Resource Conservation in California, won the award in the Service’s Pacific Region. They are among approximately a dozen winners in the Service’s geographic regions for exceptional conservation work in preserving wetlands. The overall national winner will be announced at a later date. http://news.fws.gov/newsreleases

Exec. Dir. Vacancy Announcement- CARCD

The Executive Director is the chief administrative officer of the California Association of Resource Conservation Districts (CARCD) and is responsible to the CARCD President and Board of Directors and implements Board policy. The Executive Director is in charge of day-to-day operations and supervises the CARCD office and staff, coordinates CARCD programs and activities, provides assistance to the Association's RCDs and associate members, and represents the Association in dealings with agencies, elected officials, tribes and other organizations.  http://www.carcd.org/opportunity/employ.htm

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MEETINGS AND CONFERENCES