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January 5, 2004

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

---EDITOR'S CHOICE---

Victory! Agencies Drop Plans To Remove Even More Protections From Wetlands
LA Times Editorial: Ploy Against Clean Waters
Corps Districts Publish Draft Mitigation and Monitoring Guidelines
Proposed Rule for Conservation Security Program: Water Quality Enhancement is Top Priority

Fifth Circuit Rules Wetlands Jurisdictional in United States v. Needham, No. 02-30217

---NATIONAL UPDATES---
Creating New Wetlands Not So Easy To Do
Biological Controls Proposed for Tamarix (Saltcedar) Species
Federal Scientists Say Missouri River Flow Hurts Birds
Judge Rejects Industry Challenge To Government Wetlands Rules
$17 Million in Grants Awarded to Support Coastal Wetlands Conservation Efforts in 10 States
Emergency Watershed Protection Program Proposed Rule Published in Federal Register
Bottomland Timber Establishment on Wetlands Initiative

---LEGISLATIVE UPDATES---
Congress Adjourns With No Action On The Omnibus Spending Bill
Sweeping Environmental Exemptions Granted to US Military
Bush Signs Energy Appropriations Bill
Energy Bill Collapses, May Be Revived in 2004
Bush Signs Law Meant to Thin Forests, Stop Fires
Legislation Introduced to Protect Playa Lakes, Recharge Ogallala

---STATES NEWS---
VA: Dispute Is The First Big Test Of The State's Law Protecting Wetlands
MA: Wetlands Violators Caught From Air
Texan Pleads Innocent to Killing Whooping Crane
LA's Ballona Wetlands Now Protected (CA)
WA Dept. of Ecology Hosting Property Analysis Record Training
Maui Coastal Land Trust Doing Another Big Deal

---PUBLICATIONS AND RESOURCES---

Reconciling Wetlands Assessment Techniques
Final Report 1: Assessing Functions and Values
Final Report 2: Wetland Assessment in the Courts
Final Report 3: Integrating Wetland Assessment into Regulatory Permitting
A Guide for Local Governments: Wetlands and Watershed Management

Second in Series of GLOMIS CDs Available

---POTPOURRI---

WI Wetland Association Seeks Wetlands and Taxes Project Coordinator (Due 1/12)
Deadline Extended for 2004 National Wetlands Awards Nominations
Wetlands Expert Wins EPA Wetlands Award
Celebrate World Wetlands Day 2004!
NRCS Colorado Shares Wetland Expertise with Israeli Scientists
PLJV Offers Timely Tips on Applying for NAWCA Grants
NWF: Species Recovery Fund Proposals Being Accepted
Assistant Professor of Wetlands Plant Ecology at Michigan State University
Five-Star Restoration Grants Available

---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 top New Year’s Resolution: deliver critical Wetland Breaking News as it breaks or rename this newsletter.  As most of you know, the Bush administration has given up any attempts at changing the status quo for wetlands regulation under the Clean Water Act; very big news.  There’s a lot more info about that below, and a special thanks to Julie Sibbing of the National Wildlife Federation for keeping me and others informed about new developments.

Other news since I last communicated with you: the Endangered Species Act celebrated thirty years (the critters that are still around celebrated, anyway); a cow was diagnosed with the first case of mad cow disease found in the US, diagnosed well after it was chopped up and shipped away; the IUCN released its 2003 Red List of Threatened Species (the US has about 1100 species listed; http://www.iucnredlist.org); four new ASWM publications are posted to the ASWM website (3 reports on assessment and one guide for local governments); Mark Twain’s celebrated jumping frog was found in Calaveras County after a 34-year absence  http://www.cnn.com/2003/TECH/science/12/03/twain.frog.ap/ and we’ve gained and lost about three feet of snow here in upstate New York. 

Thanks go out to the many people who contributed items and waited for something to happen, including Debbie Slope, Playa Lakes Joint Venture; John Connell, USACOE; Larry Urban, MT DOT; Earle Cummings, CA fisherman; Tom Taylor, EPA Washington; Jerry Lippert, OH Hamilton County Park District; and Jeanne Christie, fearless leader of ASWM.

Happy New Year!

Jennifer Brady-Connor
Editor, Wetland Breaking News

EDITOR'S CHOICE

Victory! Agencies Drop Plans To Remove Even More Protections From Wetlands

Audubon Advisory -- End of Year Issue. [Full Story] On December 16, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced that they were dropping their plans to remove federal protection for many streams, wetlands, ponds and other waters that have been protected by the Clean Water Act for over 30 years! This is in response to the public comment period held earlier this year where the agencies asked the public to weigh-in on whether there was any basis for protecting so-called "isolated" wetlands -- wetlands that have no direct hydrologic connection to navigable interstate rivers. Even though the term “isolated” is not included in the Clean Water Act, the Supreme Court created this arbitrary distinction. From a scientific standpoint, very few wetlands are truly isolated since they are hydrologically connected to other wetlands and water bodies and polluting or filling even small wetlands and headwaters streams has significant downstream impacts. By EPA's own estimates would have removed protection for over 20% of the nation's waters and millions of acres of wetlands.

While this is a tremendous victory, our work is not done on this issue. On the same day that the Clean Water Act Jurisdiction Rulemaking was announced (January 15, 2003), the Bush Administration issued a policy guidance instructing EPA and Corps employees to stop protecting isolated wetlands under the Clean Water Act—removing protection from over 20% of the United States wetlands. The policy guidance was effective immediately, so those waters and wetlands are still threatened by unregulated pollution, filling and destruction.

The public comment period and policy guidance were in response to the Supreme Court's January, 2001 5-4 decision in the Solid Waste Agency of Northern Cook County (SWANCC) case, where the court held that wetlands they termed as "isolated" were no longer protected under the Clean Water Act based SOLELY on their use by migratory birds. Both the EPA/Corps proposed plan and the Administration's policy guidance went far beyond the Supreme Court decision by determining that these "isolated" wetlands and non-navigable intrastate waters were no longer protected under the CWA, even though the Supreme Court did not make that determination. Many thanks for your help, as it was undoubtedly due to your participation in the public comment period that made this victory possible!

Meanwhile, in the U.S. Congress, an effort to reaffirm the original intent of the Clean Water Act is picking up steam! Supporters of bill numbers H.R.962 in the House, and S.473 in the Senate -- the Clean Water Authority Restoration Act – are working to push the measure through Congress in 2004. The Act seeks to reaffirm the goal of the 31 year old Clean Water Act, which is to maintain and provide clean, safe, swimmable and fishable water, reinstate protections for ALL waters of the United States including “isolated” wetlands that provide habitat for fish and wildlife, help with flood control, and filter pollutants from our water, making it safer for birds, wildlife and most importantly, people. You can expect to read much more on this issue in the coming year, as we work protect something as important and fundamental as the quality of our nation’s waters!

Additional Headlines:

EPA and Army Corps Issue Wetlands Decision [EPA Headquarters Press Release, 12/16/03] http://www.epa.gov/newsroom

U.S. Won't Narrow Wetlands Protection [12/16/03 NY Times] http://www.nytimes.com/pages/politics/index.html

Bush Administration Quits Wetlands Plan [12/16/03 Washington Post] http://www.washingtonpost.com/wp-dyn/articles/A6406-2003Dec16.html

House Members Urge Bush To Retain Clean Water Act Protections [11/26/03, By John Heilprin, Associated Press] http://www.enn.com/news/2003-11-26/s_10794.asp

LA Times Editorial: Ploy Against Clean Waters

12/30/03, LA Times.  “Tens of thousands of angry people have shoved the Bush administration away from its effort to obliterate Clean Water Act provisions for a whole class of streams and wetlands, one that includes almost all the waterways in Southern California. But the action will mean little if the administration doesn't also rescind an "interim" order to the Army Corps of Engineers that makes it hard for the agency to protect these waters . . . “ http://www.latimes.com/news/opinion/editorials/la-ed-water30dec30,1,3540342.story?coll=la-news-comment-editorials

Corps Districts Publish Draft Mitigation and Monitoring Guidelines

Jeanne Christie, ASWM.  As part of implementation of the action items in the National Mitigation Action Plan, the Corps Districts were directed to publish Special Public Notices for new or revised Mitigation and Monitoring Guidelines by December 15 with a 30-day comment period.  Some Corps Districts already have guidelines available to the public, other Corps Districts have guidelines that are used in internally, but are not published and other Corps Districts do not have any written guidelines.  This six-month effort should establish a consistent baseline of information on mitigation and monitoring guidelines for every Corps District.  While the 30-day public comment window is short, Corps Headquarters has indicated the Districts should work with interested parties to continue to refine and revise the guidelines over the next six months and publish revised guidelines by June 1, 2004.  It is anticipated there may be additional adjustments to the guidelines as additional products from the National Mitigation Action Plan are published.  Districts were also directed to include two final products from the National Mitigation Action Plan that have recently been completed.  These are the NAS Criteria Document and the Model Mitigation Plan Checklist.  The Helena Regulatory Office posted their guidelines at http://www.nwo.usace.army.mil/html/od-rmt/mthome.htm. The New York District have theirs posted online at http://www.nan.usace.army.mil/business/buslinks/regulat/pnotices/mitigati.pdf. To see if your District has issued a public notice visit http://www.usace.army.mil/where.html#State or call the district office (it is not easy to find the public notice on some of the district websites). 

Proposed Rule for Conservation Security Program: Water Quality Enhancement is Top Priority

Jeanne Christie, ASWM.  Agriculture Secretary Ann M. Veneman announced on December 17 a proposed rule to implement the new Conservation Security Program (CSP) was available on the NRCS website and that a 60-day comment period would begin following publication in the Federal Register.  CSP is a “working lands” program for agricultural producers and establishes a program that over the long term may become a large scale “green payment program” that could be implemented on millions of acres of farmland.  While the program is very small at current funding levels (only $41 million for FY04), the CSP rulemaking will establish a program that is intended by NRCS to improve soil and water quality by rewarding the best land stewards and focusing on a watershed approach.    The program has the potential to have a significant impact on the application of conservation practices nationally and has a number of provisions (such as the requirement that participants comply with Swampbuster and Highly Erodible Lands (HEL) provisions) that could positively impact the ability of states to improve water quality over time if they are retained in the final rule.  In addition, specific states may play a significant role in implementing the program if they establish Technical Service Provider status with NRCS making state agencies eligible to be reimbursed for implementing portions of the program.  The press release, proposed rule, fact sheet and other information can be found at http://www.usda.gov/news/releases/2003/12/0425.htm. Information on Technical Service Providers is available at http://www.nrcs.usda.gov/feature/techserviceproviders.html.   Please note states and other third parties can implement other farm bill programs as well.  It is anticipated that third party providers will play an increasingly important role in carrying out farm bill programs such as the CSP, Wetlands Reserve Program,  the Environmental Quality Incentives Program, etc. over time as funding for program participants are increasing without commensurate increases in USDA staffing.

Fifth Circuit Rules Wetlands Jurisdictional in United States v. Needham, No. 02-30217

Excerpt from a National Wildlife Federation e-mail, 12/18/03. United States v. Needham, No. 02-30217 (5th Cir. Dec. 16, 2003) “This case involves the Oil Pollution Act.  In an action to collect clean up costs in bankruptcy court, the Needhams argued they were not liable for clean up costs under the OPA because their oil spill . . . was not into ‘navigable waters’ and therefore not covered under the OPA.  The bankruptcy court and the U.S District Court for the Western District of Louisiana agreed with the Needhams . . . The Fifth Circuit Court of Appeals reversed the District Court decision, but left intact the District Court’s interpretation of the meaning of navigable waters and expressed disagreement with the rulings in United States v. Deaton, 332 F.3d 698 (4th Cir. 2003) and United States v. Rapanos, 339 F.3d 447 (6th Cir. 2003) (both of which found that non-navigable ditches with surface water connections to navigable waters were covered by the Clean Water Act) in strongly worded dicta. The actual holding of this case is narrow and does not directly contradict other Circuits interpreting SWANCC and the scope of CWA jurisdiction . . . ” Full written opinion available online at http://www.ca5.uscourts.gov/opinions/pub/02/02-30217-cv0.pdf

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NATIONAL UPDATE

Creating New Wetlands Not So Easy To Do

Tuesday, December 23, 2003, By John Flesher, Associated Press. TRAVERSE CITY, Mich. – “It sounds like the perfect way to promote development while preserving the environment: State regulators allow construction of roads or buildings that destroy wetlands, as long as the builders agree to create another wetland somewhere else. Replacing wetlands this way — known as "mitigation" — is increasingly popular with both business and government. They consider it a win-win situation that respects property rights and economic development without sacrificing precious ecosystems . . . “ http://www.enn.com/news/2003-12-23/s_11532.asp

Biological Controls Proposed for Tamarix (Saltcedar) Species

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) is proposing a program for the purpose of controlling saltcedar (Tamarix spp.) in 14 western States. There is a need to control saltcedar, a highly invasive, exotic weed, in the western United States. Saltcedar (also known as tamarisk) is a large shrub or small tree that was introduced to North America from Asia in the early 1800's. The plant has been used for windbreaks, ornamentals, and erosion control. The Draft Environmental Assessment is now available for public comment through the Federal Register.  Comments are due by January 20th. http://www.werc.usgs.gov/hq/pdfs/bozeman1.pdf

Federal Scientists Say Missouri River Flow Hurts Birds

Friday, December 19, 2003, by Libby Quaid, Associated Press. WASHINGTON – “Government-controlled flows along the lower Missouri River, relied upon by farmers and barge operators to get grain to markets, threaten the endangered pallid sturgeon, federal biologists report. The U.S. Fish and Wildlife Service said Thursday that flows should be reduced, beginning next July, to 25,000 cubic feet per second or less from the Gavins Point Dam on the South Dakota-Nebraska border . . . “ http://www.enn.com/news/2003-12-19/s_11490.asp

Judge Rejects Industry Challenge To Government Wetlands Rules

11/27/03, By John Heilprin, Associated Press. WASHINGTON – “A federal judge sided with the Army Corps of Engineers and environmentalists on Wednesday by rejecting an industry challenge to new Clean Water Act regulations for developers who want to drain and fill marshy areas and streams. U.S. District Judge Richard J. Leon dismissed a suit brought by the National Association of Home Builders, which complained the Army Corps' new permits were not streamlined enough. Rather than affirm the new regulations, Leon decided the case was premature since the Army Corps' permitting ‘is not a final agency action subject to review’ by the court ‘until either an individual permit application is denied or an enforcement action is instituted . . . ’” http://www.enn.com/news/2003-11-27/s_10838.asp

$17 Million in Grants Awarded to Support Coastal Wetlands Conservation Efforts in 10 States

12/8/03, USDOI news release.   The USFWS will award nearly $17 million in grants to 10 states to conserve, restore and protect coastal wetlands. States awarded grants for fiscal year 2004 under the National Coastal Wetlands Conservation Grant Program are Alabama, Alaska, Connecticut, Florida, Massachusetts, New Jersey, South Carolina, Texas, Virginia and Washington.  The grants, which provide funding for 20 projects, will be awarded through the National Coastal Wetlands Conservation Grant program and will be supplemented by more than $42 million from state and private partners. http://news.fws.gov/newsreleases

Emergency Watershed Protection Program Proposed Rule Published in Federal Register.

NRCS proposes several changes to the implementation of the Emergency Watershed Protection program to improve the effectiveness of its response to natural disasters These changes to the existing program regulations include modifying the cost-share rate for program assistance and describing the parameters under which the agency will purchase floodplain easements as a means to limit flood damages and reduce future Federal obligations. Comments on this proposed rulemaking must be received by January 20, 2004 to be considered in the development of the final rule.  The rule is available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-28793.

Bottomland Timber Establishment on Wetlands Initiative

The Bottomland (hardwood) Timber Establishment on Wetlands initiative is a new effort under the Conservation Reserve Program (CRP) that works to improve air and water quality as well as increase wildlife habitat along wetland areas.  The initiative allows producers to enroll in a CRP practice on lands suitable for growing bottomland hardwood trees or adapted shrubs that will provide multipurpose forest and wildlife benefits.  Up to 500,000 acres can be enrolled under the program nationally with acreage limits assigned to each states.  The continuous sign-up program was initiated December 2003.  A fact sheet on the initiative is available at http://www.fsa.usda.gov/pas/publications/facts/html/bottomland03.htm or contact your local Farm Services Agency office.

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LEGISLATIVE UPDATES

Congress Adjourns With No Action On The Omnibus Spending Bill

NRCS Legislative Summary for December 15, 2003. On December 9, 2003, the Senate debated the fiscal year 2004 Omnibus Appropriations Bill (H. Rpt. 108-401), but adjourned without taking action on the spending package. The House had passed the legislation the day before by a vote of 242-176, this bill includes the Agriculture appropriations along with six other spending measures. Congress will reconvene January 20, 2004, for the second session of the 108th Congress, and debate is expected to continue. The Federal government will continue operations at current levels under H.J. Res. 79 through January 31, 2004. http://www.nrcs.usda.gov/about/legislative/pdf/15DEC2003.pdf

Sweeping Environmental Exemptions Granted to US Military

Natural Resources Defense Council’s “Legislative Watch”, 12/4/03. “In early November after months of negotiations, House and Senate conferees agreed on a final Defense Authorization bill (H.R. 1588). The House passed the bill on 11/7 by a vote of 362-40, the Senate followed suit on 11/12, 95-3, and President Bush signed the bill on 11/24. The bill contains sweeping exemptions for the military to the Endangered Species Act and Marine Mammal Protection Act, opening loopholes that will allow the Navy to engage in activities that can kill or injure marine mammals, such as sonar testing and underwater explosions, with virtually no environmental review. The exemption would apply not only to military activities but to all government-funded research as well.”

Bush Signs Energy Appropriations Bill

Associated Press, 12/2/03. WASHINGTON — President Bush signed a $27.3 billion energy and water bill on Monday that gave him less than he wanted for research on low-intensity nuclear weapons. However, the bill gave Bush most of what he sought for early work on a long-delayed nuclear waste repository at Yucca Mountain, Nev. The legislation, which is packed with hundreds of water projects from coast to coast, including many the administration did not request, was approved by the House 387-36 and by the Senate on a voice vote . . . “ http://www.enn.com/news/2003-12-02/s_10902.asp

Energy Bill Collapses, May Be Revived in 2004

PlanetArk World News, 11/26/03. WASHINGTON – “Despite pressure from the White House, Republican leaders were unwilling to drop lawsuit protection for oil companies from a $31 billion energy bill and it faces an even tougher fight amid next year's political campaigning, lobbyists and legislative aides said. The bill, which included lavish tax breaks, grants and funding for virtually every kind of energy production, was declared dead for this year by Senate Republicans . . . “ http://www.planetark.com/dailynewsstory.cfm/newsid/22940/story.htm 

Bush Signs Law Meant to Thin Forests, Stop Fires

PlanetArk World News, 12/5/03. WASHINGTON – “President Bush on Wednesday signed into law a forest management plan he said would reduce the risk of wildfires in federal forests . . . Some Democrats and environmental groups said the bill promoted logging at the expense of environmental protection and failed to direct enough money to forest-thinning projects near homes . . . “ http://www.planetark.com/dailynewsstory.cfm/newsid/23012/story.htm

Legislation Introduced to Protect Playa Lakes, Recharge Ogallala

Playa Lakes Joint Venture News Release, 11/21/03.  WASHINGTON, DC - U.S. Senator Pat Roberts introduced important conservation legislation this week to preserve playa lakes, protect wildlife and recharge the Ogallala Aquifer. Playa lakes stretch from west Texas up through the panhandle and parts of Oklahoma, New Mexico, Kansas, Colorado, Nebraska, and Wyoming. Senator Roberts said the bill protects these wetlands by amending the Farmable Wetlands Program under the Conservation Reserve Program (CRP) to allow the enrollment of 40 contiguous acres instead of 10, and allow payment on 10 of the acres instead of five. These changes ensure that the majority of lakes and their buffer areas will be eligible for enrollment, and it also guarantees that playas will be considered eligible wetlands by USDA. http://www.pljv.org/newsarchive/release112103.html

STATES NEWS

VA: Dispute Is The First Big Test Of The State's Law Protecting Wetlands

By Rex Springston, Times-Dispatch Staff Writer, Wednesday, December 24, 2003. “Two conservation groups are asking Richmond Circuit Court to reject a state-issued permit for a Chesapeake development that would destroy 145 acres of wetlands. The groups, the Chesapeake Bay Foundation and Citizens for Stumpy Lake, filed their appeal yesterday. They say, among other things, that the state Department of Environmental Quality violated Virginia law by not trying to reconfigure the development to destroy fewer wetland acres . . . The General Assembly established the state's wetland-protection program in 2000 . . . “ http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1031772772014&path=!news&s=1045855934842

MA: Wetlands Violators Caught From Air

By Scott Allen, Boston Globe Staff, 12/11/2003. “Using a first-in-the-nation aerial surveillance program, state regulators say they have discovered at least 1,500 illegally filled marshes, swamps, and other wetlands in eastern Massachusetts and have begun levying stiff fines against violators. Yesterday, Department of Environmental Protection officials announced penalties totaling $280,000 against two companies that had destroyed ecologically fragile wetlands that could be seen from the air, but not from the nearest public road. In both cases, involving an Amesbury concrete company and a Billerica used parts dealer, local conservation officials didn't know about the violations until the state analyzed aerial photos, part of a program that allows them to detect development on virtually every acre of the commonwealth . . . “ http://www.boston.com/news/local/articles/2003/12/11/wetlands_violators_caught_from_air/

Texan Pleads Innocent to Killing Whooping Crane

PlanetArk World News, 12/19/03.  DALLAS – “A 48-year-old Texas man pleaded not guilty this week to shooting dead a whooping crane, one of the world's rarest birds. Donald Jones faces up to a year in prison and a $100,000 fine on federal charges of violating the Migratory Bird Treaty Act by killing the endangered species. His trial is scheduled to start in early February . . . “ http://www.planetark.com/dailynewsstory.cfm/newsid/23183/story.htm

LA's Ballona Wetlands Now Protected (CA)

From Trust for Public Land, 12/22/03. The California Wildlife Conservation Board, Playa Capital Company LLC, and the Trust for Public Land (TPL) announced the permanent public protection of the historic Ballona Wetlands, along with habitat and open space north of Los Angeles International Airport. The acquisition successfully ends several decades' long battle between developers and environmentalists to protect the largest historic, restorable coastal wetland in Los Angeles County, where 98 percent of the coastal wetlands have been developed and destroyed. http://www.tpl.org/tier3_cd.cfm?content_item_id=13463&folder_id=266

WA Dept. of Ecology Hosting Property Analysis Record Training

The Washington State Departments of Natural Resources and Ecology will be hosting Property Analysis Record training on Tuesday, January 20, 2003 in Olympia. The Property Analysis Record (PAR) helps you create complete and defensible perpetual stewardship programs and budgets to help secure funding.  The PAR software is being used nationally by the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, state wildlife agencies, local jurisdictions, land trusts, public utilities, and environmental consultants. Seminar participants will receive the PAR software and manuals. The cost of the training is $30 per person and registration is limited to 30. Contact Margaret Pilaro Barrette, 360-902-1116 or Margaret.barrette@wadnr.gov

Maui Coastal Land Trust Doing Another Big Deal

E-mail from Rob Aldrich, Land Trust Alliance. “The Honolulu Advertiser reports that Maui Coastal Land Trust announced the signing of a $4.8 million sale agreement to acquire 277 acres of Waihe'e shoreline on Maui's northwestern shore as a natural and cultural preserve . . . A developer had planned a golf course resort for the property, which includes coastal dunes, native wetlands, an ancient Hawaiian village site and 1.5 miles of shoreline. Funding sources include U.S. Department of Fish and Wildlife grants and a continuing community capital campaign for the remaining $800,000.” More at http://the.honoluluadvertiser.com/article/2003/Nov/07/ln/ln29a.html

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NEW PUBLICATIONS and RESOURCES

Reconciling Wetlands Assessment Techniques

Jon Kusler, Ph.D.  This paper has been prepared to stimulate thinking.  It is a background paper for an ASWM project concerning the reconciliation of wetland assessment techniques, and it has been used for discussion in several conferences.  The overall goals of the project and paper are (1) to help federal, state and local agencies prepare guidance on the use of specific wetland assessment techniques, particularly for regulatory purposes, and (2) to facilitate longer term development of multi-objective assessment techniques which incorporate the promising features of existing techniques and avoid their weaknesses.  Additional comments accepted through February 5, 2004.  http://www.aswm.org/propub/pubs/aswm/reconciling.pdf

Final Report 1: Assessing Functions and Values.

Jon Kusler, Ph.D. Draft Final Report 1 focuses on the assessment of wetland functions and values for regulatory purposes.  It examines, in greater depth, regulatory needs for assessing functions and values and discusses assessment techniques and methods in light of those needs. This report considers why assessment of functions and values is so difficult and strategies for dealing with problems and limitations.  It addresses why there is so much confusion concerning assessment methods and suggests how this confusion might be reduced.  It examines lessons learned in assessing functions and values and makes recommendations for future efforts. Additional comments accepted through February 5, 2004.  http://www.aswm.org/propub/pubs/aswm/functionsandvalues.pdf

Final Report 2: Wetland Assessment in the Courts.

Jon Kusler, Ph.D.  Draft Final Report 2 focuses more specifically on legal (Constitutional, statutory, administrative regulation, or ordinance) requirements.  This report is based upon an extensive analysis of wetland, floodplain, and other resource case law.  Additional comments accepted through February 5, 2004. http://www.aswm.org/propub/pubs/aswm/assessmentcourts.pdf

Final Report 3: Integrating Wetland Assessment into Regulatory Permitting. 

Jon Kusler, Ph.D. Final Report 3 proposes a five-step wetland regulatory assessment process reflecting the analysis and recommendations contained in the earlier two reports. The report is not a “cookbook.”  Rather, it suggests processes and factors that regulatory agencies should consider in establishing their own assessment methods, consistent with the five overall steps.  This report contains many appendices and other materials.  Final comments accepted through February 5, 2004. http://www.aswm.org/propub/pubs/aswm/assessmentcourts.pdf

A Guide for Local Governments: Wetlands and Watershed Management. 

Jon Kusler, Ph.D. et al.  This guidebook has been written to help local governments integrate water resources management and wetland ecosystem protection efforts.  The guidebook has been written for engineers, biologists, botanists, planners, not for profit staff, legislators and others. It makes recommendations for integrating wetlands into broad watershed management efforts and more specific water programs including floodplain management, stormwater management, source water protection, point source pollution control, and nonpoint source pollution control programs.  Case study examples are provided from throughout the Nation.   http://www.aswm.org/propub/pubs/aswm/wetlandswatershed.pdf

Second in Series of GLOMIS CDs Available

E-mail from Professor Chris Gordon, GLOMIS coordinator. “The International Society of Mangrove Ecosystems, the implementers of the ITTO funded Global Mangrove Database and Information System (GLOMIS) is about to release the second in the series of GLOMIS CDs.  These CDs contain the current contents of the database, (People, Projects, Papers, and Places linked to mangrove management and research - over 7,000 entries) as well as ancillary mangrove related materials . . . Please visit the GLOMIS website and send your e-mail request for copies of the CD direct to the GLOMIS regional centers with your mailing address.” The GLOMIS database at http://www.glomis.com/ contains many answers to common queries about mangroves and mangrove research - please refer to this resource.

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POTPOURRI

WI Wetland Association Seeks Wetlands and Taxes Project Coordinator (Due 1/12)

WWA seeks a contract employee to form and lead a coalition of grassroots groups, other non-profits, government agencies, and individuals to repeal or counteract the conservation disincentives that use-value assessment has created. Duties include conducting a statewide survey of landowners and assessors; studying wetland tax policies in other states; analyzing alternative policies; develop a coalition to correct Wisconsin's use-value disincentive; develop a public campaign to promote a solution; and coordinate seminars for local leaders on the benefits of wetlands. Contact Katie@wiscwetlands.org for details. Applications due 1/12/04.

Deadline Extended for 2004 National Wetlands Awards Nominations

The deadline has been extended for the 2004 National Wetlands Awards.  Nomination forms are now due January 10, 2004 (postmarked).  The 2004 Awards will be given in six new categories: Education and Outreach; Science Research; Conservation and Restoration; Landowner Stewardship; State, Tribal, and Local Program Development; and Wetland Community Leader.  To download the nomination form visit http://www.eli.org/nwa/nwaprogram.htm or contact wetlandsawards@eli.org.

Wetlands Expert Wins EPA Wetlands Award

[usepar3news] EnviroBytes for the week ending 12/5/03. EPA Region 3's Charles Rhodes has been named the winner of this year’s national Edward T. “Red” Heinen Award, in honor of a highly respected leader from the formative years of EPA’s wetlands program. The 2003 award was presented during the National Wetlands Program Training Workshop in South Florida on Nov. 19. The Award is presented annually to the person in EPA's regional wetlands program who best exemplifies the high standards and personal dedication to wetlands protection that characterized Red Heinen’s years with EPA.

Celebrate World Wetlands Day 2004!

Contact the Ramsar Secretariat for new educational and promotional materials for World Wetlands Day, 2 February 2004. The materials are available free of charge and include a poster on the theme of “From the mountains to the sea -- Wetlands at work for us,” a new leaflet Working for Wetlands, and a new sticker. http://www.ramsar.org/wwd2004_index.htm

NRCS Colorado Shares Wetland Expertise with Israeli Scientists

NRCS This Week for December 30, 2003. Technical experts from USDA’s Colorado Natural Resources Conservation Service (NRCS) recently shared their intimate knowledge of wetland restoration and preservation with three international visitors. The three Israeli scientists met with NRCS personnel to gain insight into our Wetlands Reserve Program (WRP) and the benefits of its recommended practices. http://www.nrcs.usda.gov/news/thisweek/2003/031230/scientistsvisitcolorado.html

PLJV Offers Timely Tips on Applying for NAWCA Grants

Playa Post Jan. 2004. “The PLJV has developed a timeline for conservation organizations that are considering applying for a NAWCA Standard Grant within the Joint Venture's six-state region. NAWCA grants are partnership-based and the success of a proposal depends largely on the working relationship of the people and organizations aligned around the project. The proposals take a significant time investment in planning, writing, coordination and communication, and the PLJV timeline provides useful organization and scheduling suggestions for prospective applicants.” http://www.pljv.org/NAWCATimeline.html

NWF: Species Recovery Fund Proposals Being Accepted

The National Wildlife Federation's (NWF) Species Recovery Fund seeks to encourage habitat restorations, species reintroductions, private land conservation activities, and other creative endeavors that directly improve conditions for species listed under the Endangered Species Act. Applicants are invited from any organization, agency, tribe, university, or individual working to improve on-the-ground conditions for imperiled species, with a preference for local grassroots organizations. Grant awards will range from $3,000 to $7,000. Deadline: February 16, 2004. Visit http://www.nwf.org/keepthewildalive/speciesrecoveryfund.cfm or contact Colleen Fahey (202-797-6621 fahey@nwf.org ) for details.

Assistant Professor of Wetlands Plant Ecology at Michigan State University

Michigan State University has a Wetlands Plant Ecologist faculty position available. Review of Applications will begin after January 15, 2004 and will continue until the position is filled. For more information, please visit http://www.plantbiology.msu.edu. Questions regarding this position or electronic submission of applications may be directed to webber@msu.edu

Five-Star Restoration Grants Available

Applications are now being solicited for the Five-Star Restoration Matching Grants Program. The Five-Star Restoration Program provides modest financial assistance on a competitive basis to support community-based wetland, riparian, and coastal habitat restoration projects that build diverse partnerships and foster local natural resource stewardship through education, outreach and training activities. The Five-Star Restoration Matching Grants Program is open to any public or private entity. Applicants should complete the attached application form, including project narrative and budget request. Applications must be postmarked by March 1, 2004. http://www.nfwf.org/programs/5star-rfp.htm

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