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

---EDITOR'S CHOICE---

USDA Releases Report Showing Net Increases In Wetlands On Agricultural Land

Ducks Unlimited: U.S. Wetlands Still On Sharp Annual Decline

National Wildlife Federation Releases White Paper On No Net Loss

Supreme Court Rejects Wetlands Disputes

National Mitigation Action Plan Products Available for Public Comment

---NATIONAL UPDATES---

Commission on Ocean Policy Extends Governor Comment Period

President Bush Creates Great Lakes Interagency Task Force

NOAA: Counting Hatchery Fish Will Not Lead To Wholesale De-Listing Of Endangered Fish

USDA Announces Interim Final Rule And Public Comment Period For The Grassland Reserve Program

USFWS Publishes Updated List Of Candidates For Endangered Species Act Listing

Revised Regulations for Endangered Species Conservation Agreements on Private Lands

NOAA: Drought Intensifies in Southeast, West

---LEGISLATIVE UPDATES---

Senate Passes Energy Tax Package

Highlights from NRDC “Legislative Watch”

House Bill Would Lift Protection for 94 Migratory Birds

---STATES NEWS---

SC: Bill Frees DOT From Wetlands Protection

CT Wetlands Revisions Spark Debate

IL: State Lawmakers Reject Bill On Wetlands Development - Again

Four Major Wetland-Related Policy And Regulatory Efforts Under Way Washington State

$1.3 Billion Oyster Case Hits Louisiana High Court

MN: New ATV Rules For Wetlands Could Be Confusing For Riders

MA: State Seen Weakening Enforcement On Wetlands

MT: Bitterroot Ranch Family Copes With Bureaucracy In Pursuit Of Water Conservation

OR: Restored West Eugene Wetlands Challenge Parkway Planners

Angler Catches Snakehead in Virginia

[AZ] Tres Rios: Everglades In Desert

EPA Awards $200,000 To Los Angeles Non-Profit For Wetlands Protection

Crucial Wetlands Area Restored In N. Utah

---PUBLICATIONS AND RESOURCES---

The 2nd Edition Of The Canadian Peatland Restoration Guide Is Complete!

New Report On Best Management Practices For The Invasive Reed Canary Grass

2nd Edition of Award Winning Wetland Restoration Handbook Published!

The Urban Subwatershed Restoration Manual Series Available

Stream Bugs as Biomonitors: A Guide to Pacific Northwest Macroinvertebrate Monitoring and Identification

Great Basin Riparian Ecosystems: Ecology, Management, And Restoration

---POTPOURRI---

USDA Announces Priority Watersheds For 2004 Sign-Up In The Conservation Security Program

RFIP for the Assessment and Watershed Protection Program Grants (AWPPGs)

NAWCA Grants Available for Wetland Conservation Projects

GeoSyntec to Develop Coastal Marsh Restoration Software

Applications Sought for NERRA Executive Director

---MEETINGS AND CONFERENCES---

For a rolling calendar of meeting, conferences, and other events visit the ASWM calendar.

EDITOR'S NOTE

Dear friends and colleagues,

Well, I finally did it.  After almost six years of working to advance the mission of the Association of State Wetland Managers [the organization that delivers this e-newsletter], I decided to put my money where my typing is and became a member.  In these tight times, where almost every spare dollar is needed for the automobile fuel tank or to purchase a gallon of milk, I scraped up 40 bucks and sent in my dues.  Now that it’s official, I’m entitled to receive Wetland Breaking News “Insiders Edition”; a Quarterly Newsletter; Reduced prices on publications; Reduced registration fees for ASWM meetings and symposia; International “Wetlands NewsLink”; Representation on ASWM committees; and Discounts from Partner Organizations.  Just think – you could get all of this, too!  Please join me in supporting the work of the Association of State Wetland Managers by becoming a member today.  If you have any questions regarding membership or would like someone to send you membership materials, please feel free to contact Sara or Sharon at 518-872-1804 or e-mail sara@aswm.org.  You can also sign up online (I did!) at http://www.aswm.org/member/index.htm.

According to Jeanne Christie, ASWM’s Executive Director, President Bush’s Earth Day speech on wetlands was the first ever Presidential speech focusing specifically on wetlands http://www.whitehouse.gov/news/releases/2004/04/20040422-1.html. The President’s Net Gain Goal is ambitious and it focuses on voluntary restoration.  Regulatory programs were not addressed as part of the President’s net gain initiative. The net gain goal and the President’s speech are very significant.  There will be great attention to wetlands on behalf of many federal agencies, and there are some new resources (some resources are a repackaging of existing initiatives) as well.  The following recently released reports highlight the complexities of measuring wetland gains and losses (see below for details): USDA Releases Report Showing Net Increases in Wetlands on Agricultural Lands; Ducks Unlimited: U.S. Wetlands Still On Sharp Annual Decline; National Wildlife Federation releases White Paper on No Net Loss.

Special thanks to this Edition’s contributors, including: Erik Stockdale, Senior Wetlands Specialist, WA Dept of Ecology and Earle Cummings, California resident.  Thank you both very much.

Jennifer Brady-Connor Editor, Wetland Breaking News

EDITOR'S CHOICE

USDA Releases Report Showing Net Increases In Wetlands On Agricultural Land

USDA news release, KANE, Pa. 4/22/04 - USDA announced that farmers and ranchers produced a net increase of 131,400 acres of wetlands from 1997-2002, according to the National Resources Inventory (NRI) released today. The NRI reports changes in the nation’s private land use. The most increases occurred in the Corn Belt and Delta States where farmers and ranchers have created, maintained or enhanced numerous wetlands through conservation programs such as the Wetlands Reserve Program (WRP), Conservation Reserve Program (CRP) and the Conservation Reserve Enhancement Program (CREP). Although agriculture was the source of a total of 182,600 acres of wetlands, wetland increases due to agriculture were partially offset by losses of 51,200 acres. The difference totals 131,400 acres. http://www.usda.gov/print/2004/0161.04.doc

Ducks Unlimited: U.S. Wetlands Still On Sharp Annual Decline

4/30/04. Outdoors Writer', The Free Press. “On April 22, the same day that Americans celebrated Earth Day 2004, officials from Ducks Unlimited reported that the United States continues to lose more than 100,000 acres of its most productive wetland wildlife habitats every year. ‘The most recent and most comprehensive data on the status of wetlands in this country come from U.S. Fish and Wildlife Service (FWS) surveys,’ said Dr. Scott Yaich, director of conservation programs for DU. ‘Those data show that, although the rate of loss has slowed in recent decades, our freshwater vegetated wetlands continue to disappear at a net rate of m ore than 100,000 acres every year. These figures are based on loss rates for natural and restored wetlands that provide critical wildlife habitat, not storm water retention ponds, golf course ponds, or other artificial water bodies that have little value for wildlife . . . ’” http://www.kinston.com/SiteProcessor.cfm?Template=/Global Templates/Details.cfm&StoryID=19453&Section=Outdoors

National Wildlife Federation Releases White Paper On No Net Loss

National Wildlife Federation news release, 4/22/04.  WASHINGTON, DC - America’s wetlands are in more trouble today than they have been in decades because current federal policies increasingly expose them to pollution, dredging and filling, according to America’s Wetlands: Nowhere Near No-Net-Loss, a white paper released by the National Wildlife Federation today. In addition, the white paper underscores that the nation still cannot reliably measure the health or extent of the country’s wetlands.  Scientists and wetland managers agree that, although the U.S. has made significant progress in wetlands protection through laws such as the Clean Water Act and the Farm Bill, the nation still has a long way to go, according to NWF.  The National Wildlife Federation released a white paper analyzing strengths and weaknesses of the no net loss studies that have been conducted over the years as well as the potential for the Administration to achieve its net gain goal with current restoration programs. http://www.nwf.org/news/story.cfm?pageId=0EE59D3D-65BF-09FE-BA5B9DF752A5FC50  Download the white paper: http://www.nwf.org/nwfwebadmin/binaryVault/Nowhere_Near_No-Net-Loss.pdf

Supreme Court Rejects Wetlands Disputes

Chesapeake Bay Journal Vol 14 - Number 3, May 2004. “The Supreme Court in April rejected three cases that sought to restrict the government’s authority to regulate wetlands by turning back appeals involving disputes over lands in Maryland and Virginia that are part of the Chesapeake Bay watershed, and refusing to hear the case of a Michigan man facing prison for destroying wetlands. Developers, farm groups and other argued that federal regulators have gone too far by blocking the development of property that is miles away from any river or waterway. The lawyer for the companies trying to develop wetlands in Newport News, VA, said that an appeals court ruling against them extends the Clean Water Act ‘to the top of every mountain and the end of every street in the country.’ The Maryland case involved a couple that dug a ditch on their property in Wicomico County without getting government permission first. Bush administration lawyer Theodore Olson said that the government needs to be able to protect waterways like the Bay, which can be affected by work on property many miles away. John A. Rapanos, of Michigan, was convicted of violating the Clean Water Act for filling wetlands in Bay County’s Williams Township with sand to make it ready for development.” http://www.bayjournal.com/04-05/wetlands.htm

National Mitigation Action Plan Products Available for Public Comment

Complete details on each of the following are posted at the Mitigation Action Plan Website: http://www.mitigationactionplan.gov/

1) STREAM ASSESSMENT PROTOCOLS.  The Federal Interagency Mitigation Workgroup (FIMW) commissioned the preparation of a technical resource document to assist with stream mitigation entitled: Physical Stream Assessment: A Review of Selected Protocols for use in the Clean Water Act (CWA) Section 404 Program (Stream Mitigation Compendium).  The Stream Mitigation Compendium is intended as a reference that can be consulted by regulatory agencies, resource managers, and restoration ecologists in order to select, adapt, or devise stream assessment methods appropriate for impact assessment and mitigation of fluvial resources in the CWA Section 404 Program.  Comments due on or before June 28, 2004, and may be submitted electronically, by mail, or by hand delivery/courier. E-mail comments to mitigation@epa.gov. Please put ``Stream Mitigation Compendium Comments'' in the Subject Line and include your comments as an attachment ( Word or Wordperfect format). Mail or hand deliver/courier comments to: Palmer Hough, U.S. Environmental Protection Agency, Wetlands Division (4502T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

2) PUBLIC COMMENT PERIOD EXTENDED FOR SITE/KIND MITIGATION - The public comment period for the Draft Federal Guidance on the Use of Off-Site and Out-of-Kind Compensatory Mitigation has been extended to June 6, 2004.  For a copy of the draft guidance and other information visit the Mitigation Action Plan Web Site at www.mitigationactionplan.gov.  Click on ``Status of Action Items'' and locate and click on ``On Site/Off Site & In-kind/Out-of-king Guidance” in the summary table).

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NATIONAL UPDATE

Commission on Ocean Policy Extends Governor Comment Period

(Coastal States Organization Weekly  Report) The U.S. Commission on Ocean Policy announced it will extend its public comment period to June 4, 2004.  The two-week extension brings the total amount of time that the nation’s Governors and other stakeholders have to comment on the Commission’s Preliminary Report to approximately 50 days.  The extension comes in response to a letter sent earlier this week by the National Governors Association requesting a comment period of 90 days.  House Resources Committee Chairman Richard Pombo (R-CA) and Ranking Member Nick Rahall (D-WV) issued a press release endorsing the need for additional time.  Governors’ comments received after June 5 but before June 30 will not be reviewed by the Commission but will, in accordance with the Oceans Act of 2000 (P.L. 106-256), be included in the Commission’s final report.  Comments received after June 30 will not be included in the report submitted to the President and Congress.  For the NGA letter, visit http://www.nga.org/nga/legislativeUpdate/1,1169,C_LETTER^D_6818,00.html  For the House Resources Committee press release, visit http://resourcescommittee.house.gov/Press/releases/2004/0511oceanletter.htm  For the Oceans Report visit: http://www.sso.org/cso/Ocean%20Commission/Ocean%20Commission%20Report%20info.htm  For a summary of Coastal States Organization recommendations on the Oceans report visit: http://www.sso.org/cso/Ocean%20Commission/Ocean%20Commission%20Report%20info.htm

President Bush Creates Great Lakes Interagency Task Force

EPA news release, 5/18/04.  President Bush signed an Executive Order creating the Great Lakes Interagency Task Force. The Task Force, under the lead of the U.S. Environmental Protection Agency (EPA), brings together ten Agency and Cabinet officers to provide strategic direction on federal Great Lakes policy, priorities and programs. The ten agencies together administer more than 140 different federal programs that help fund and implement environmental restoration and management activities in the Great Lakes basin.  The Executive Order calls for the development of outcome-based goals such as cleaner water, sustainable fisheries, and system biodiversity and calls on the Task Force to ensure federal efforts target measurable results. http://www.epa.gov/greatlakes/taskforce/index.html

NOAA: Counting Hatchery Fish Will Not Lead To Wholesale De-Listing Of Endangered Fish

The Oregonian, 5/15/04. “Against mounting fears that the Endangered Species Act was itself in peril, the Bush administration Friday pledged to maintain its tough protections of depleted Northwest salmon stocks.  The move follows the disclosure in recent weeks that the U.S. government is drafting a new salmon plan in which hatchery fish -- turned out by the millions every year -- will be counted along with wild fish before deciding whether wild fish need protection under the ESA. The shift raised basic questions about what a wild creature is -- and the role of the act. And it challenged the underpinnings of the Northwest's $700 million-a-year effort to rebuild salmon runs, depleted by loss of habitat to hydroelectric dams, logging, mining, and farm and urban development . . . “ http://www.oregonlive.com/news/oregonian/index.ssf?/base/front_page/108462249658411.xml

USDA Announces Interim Final Rule And Public Comment Period For The Grassland Reserve Program

WASHINGTON, 5/11/04. – USDA announced the release of an interim final rule to implement the Grassland Reserve Program (GRP), authorized in the 2002 Farm Bill.  The GRP helps landowners restore and protect grassland, rangeland, pastureland, shrubland and certain other lands and provides assistance for rehabilitating grasslands.  By issuing an interim final rule with request for public comments, USDA can conduct a program sign-up and implementation this fiscal year, according to the rule.  USDA will consider all comments received during a 60-day public comment period in developing a final GRP rule.  http://www.usda.gov/print/2004/0187.04.doc

USFWS Publishes Updated List Of Candidates For Endangered Species Act Listing

USFWS news release, 5/4/04. The U.S. Fish and Wildlife Service published a revised list of species of plants and animals that may warrant protection under the Endangered Species Act, including 26 new candidate species added since the Candidate Notice of Review was last published in 2002.  The Service has removed 19 species from the Candidate Species List since the lists were last revised in 2002. The complete Notice and list of candidates and proposed species appear in the Federal Register http://www.access.gpo.gov/su_docs/fedreg/a040504c.html. Species added to the candidate list since 2002 include populations of the Mountain Yellow-Legged Frog (Rana muscosa) and the Yosemite Toad (Bufo canorus).

Revised Regulations for Endangered Species Conservation Agreements on Private Lands

USFWS news release, 4/28/04.  The USFWS announced revised regulations that will encourage private landowners to undertake voluntary conservation measures on their property to benefit threatened, endangered and at-risk species.  The new regulations will improve the U.S. Fish and       Wildlife Service's Safe Harbor and Candidate Conservation Agreement with Assurances policies by providing clearer definitions and more certainty to property owners.  http://news.fws.gov/NewsReleases/r9/524A1111-B90F-410C-813E27ECB342BE0D.html

NOAA: Drought Intensifies in Southeast, West

PlanetArk World Environment News, 4/26/04. WASHINGTON – “Record dryness in the U.S. Southeast has caused drought conditions to intensify this week from Mississippi to Florida, government weather experts said. The National Oceanic and Atmospheric Administration said unusually warm and dry weather was also seen this week in the U.S. West, prompting Idaho to declare drought emergencies in two counties. ‘For months, many people have been focused on the drought situation in the West and the Plains, but last month was the driest March in more than 100 years for the Southeast,’ said Douglas LeComte, NOAA's drought expert . . . “ http://www.planetark.com/dailynewsstory.cfm/newsid/24874/story.htm

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LEGISLATIVE UPDATES

Senate Passes Energy Tax Package

PlanetArk World Environment News, 5/12/04.  WASHINGTON – “The Senate approved $13 billion in energy tax breaks and financial incentives on Tuesday as part of a corporate tax package, the first victory in months in Republican efforts to overhaul U.S. energy policy. The incentives were stripped out of a broad-ranging energy bill that has been stalled since last fall. With the presidential and congressional campaign season at hand, prospects were unclear for the overall bill, a White House priority . . . “ http://www.planetark.com/dailynewsstory.cfm/newsid/25079/story.htm

Highlights from NRDC “Legislative Watch”

Budget/Appropriations NRDC Legislative Watch, 5/6/04. “House and Senate budget conferees failed to reach agreement regarding the FY05 budget resolution. Conferees have tentatively agreed to limit spending to $821 billion, but have yet to agree how to pay for tax cuts and on a spending amount for environmental programs. The House budget resolution (H. Con. Res. 393) contains $28.75 billion in spending for environmental programs, while the Senate version (S. Con. Res. 95) sets a $33.34 billion spending limit for these programs. For more information on the Bush administration's proposed FY05 budget, see NRDC's budget statement, and NRDC's analysis of the budget. http://www.nrdc.org/media/pressreleases/040204b.asp & http://www.nrdc.org/media/docs/040204.pdf “

Coasts and Oceans NRDC Legislative Watch, 5/6/04. On 4/22, the Senate held two subcommittee hearings to consider the recommendations included in the U.S. Commission on Ocean Policy's preliminary report, which was released on 4/20. While generally praising the report, senators questioned the commission's recommendation to use off-shore drilling revenues for ocean research and protection. Other commission recommendations include creating a White House oceans council, reforming fisheries management to promote the recovery of fish populations and creating a national network of protected ocean areas. The report largely mirrors an earlier report released by the Pew Oceans Commission. Members in both the House and Senate are drafting legislation based on the recommendations of the two reports.

Energy NRDC Legislative Watch, 5/6/04. On 4/28, the Senate Energy and Natural Resources Committee approved S. 1097, introduced by Sen. Feinstein (D-CA), to reauthorize CALFED, the state-federal partnership to improve the ecological conditions in the San Francisco Bay Delta and provide more water for farmers and urban communities. As approved by the committee, the bill would authorize $389 million in new California water projects over five years. The House Resources Committee is expected to consider similar legislation (H.R. 2828) introduced by Rep. Calvert (R-CA) later this month.

House Bill Would Lift Protection for 94 Migratory Birds

WASHINGTON, DC, 5/7/04 (ENS) – “Three of America's oldest and largest animal protection organizations have asked the House of Representatives to reject a bill that they say would weaken the Migratory Bird Treaty Act and remove federal protection for at least 94 species of “non-native” birds, including certain species of storks, pelicans, cranes, swans, cardinals, and orioles. The bill, H.R. 4114, . . . would remove the protections of the Migratory Bird Treaty Act for ‘non-native’ species of birds that pass through the United States on their migratory paths . . . Some of the species currently covered by the Migratory Bird Treaty Act that would lose such protection if H.R. 4114 is enacted are protected under CITES such as the Nicobar pigeon and yellow-billed cardinal. The swan goose, blue-headed quail-dove, Guam swiftlet, and yellow cardinal are all listed as endangered on the IUCN-World Conservation Union Red List . . . “ http://www.ens-newswire.com/ens/may2004/2004-05-07-09.asp (subscriber only; e-mail news@aswm.org for full article)

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STATES NEWS

SC: Bill Frees DOT From Wetlands Protection
The State.com, 5/21/04. “A state agency with a history of destroying wetlands would be exempt from a proposed law to protect isolated bogs in South Carolina. The S.C. Department of Transportation, which has filled hundreds of acres of wetlands in the past decade, would not need state permits to pave isolated wetlands that get in the way of new roads, according to bills approved by key House and Senate committees this week. That could mean roads, such as the proposed I-73 to Myrtle Beach would be built more quickly. But a change in the law also could prevent the state environmental agency from overseeing isolated wetlands for road projects — and that ultimately could hurt water quality or scare off valuable wildlife, critics say. The state DOT routinely destroys more wetlands for roads than individual landowners do for homesites or commercial development, state records show.  With just two weeks left before the legislative session ends, getting approval of either wetlands bill will likely go down to the wire. A late attempt to pass a bill is expected next week, but Sens. Phil Leventis, D-Sumter, and Arthur Ravenel, R-Charleston, have vowed to fight it . . . “ http://www.thestate.com/mld/thestate/news/local/8719032.htm?template=contentModules/printstory.jsp
CT Wetlands Revisions Spark Debate
Greenwich Time, 5/17/04. “For more than a decade, 35 feet was as close to wetlands as officials would generally allow new construction to get. But the deletion of this restriction from a proposed set of regulations has some officials at odds. ‘They're limiting the jurisdiction of the agency,’ said Michael Aurelia, a Representative Town Meeting member and former director of the Inland Wetlands and Watercourses Agency, which is charged with protecting wetlands, including by monitoring development. He left two years ago and is now a wetlands consultant. But current agency Director Mark Massoud said the changes, similar to those adopted by other municipalities and recommended by the state, will have the opposite effect . . . “ http://www.greenwichtime.com/news/local/scn-gt-wetlands4may17,0,2051391.story?coll=green-news-local-headlines
IL: State Lawmakers Reject Bill On Wetlands Development - Again
St. Louis Post-Dispatch, 05/14/2004. SPRINGFIELD, Ill. – “For the fourth straight year, Illinois legislators rejected legislation to create rules for most of the state on when and how wetlands can be developed, but environmentalists promise to try again. The Senate Environment and Energy Committee voted 5-3 Thursday against a bill that would have established guidelines for the protection and development of isolated wetlands in Illinois counties that don't already have rules. In 2001, the state lost federal protection of wetlands that were not part of navigable waterways or that crossed state lines. The loss came after the U.S. Supreme Court ruled that the Army Corps of Engineers could not regulate small streams, ponds and other ‘isolated’ wetlands. The ruling prompted some state and local governments to carry out their own wetlands policies. The bill rejected Thursday would have allowed several counties in northeastern Illinois to keep their own stricter rules, while establishing rules for the rest of the state. Counties without stricter rules would have needed a permit from the Department of Natural Resources before allowing wetlands development . . . “ http://www.stltoday.com/stltoday/news/stories.nsf/News/Illinois+State+News/7EF10BC2E7EAB70D86256E95001D3F27?OpenDocument&Headline=State+lawmakers+reject+bill+on+wetlands+development+-+again
Four Major Wetland-Related Policy And Regulatory Efforts Under Way Washington State
Four major wetland-related policy and regulatory efforts are currently under way in Washington State. Drafts of the following were recently released by the Washington Department of Ecology:
1.	Western Washington Wetlands Rating System http://www.ecy.wa.gov/biblio/0406014.html - This document is a revision of the "Washington State Wetland Rating System for Western Washington," published by the Department of Ecology in October 1993.
2.	Eastern Washington Wetlands Rating System http://www.ecy.wa.gov/biblio/0206019a.html - A technical assistance document for characterizing wetlands in eastern Washington into four categories based on wetland functions, sensitivity to disturbance, rarity and irreplaceability. This is a draft of revisions to the 1991 edition.
3.	Guidance on Wetland Mitigation in Washington State (in conjunction with the Corps and EPA) http://www.ecy.wa.gov/programs/sea/wet-updatedocs.htm - The comment period has been extended to June 1st.
4.	Completion of “Best Science Available For Freshwater Wetlands” Volume 1: A Synthesis of the Science (draft). http://www.ecy.wa.gov/programs/sea/bas_wetlands/index.html - With Volume One being a synthesis of the scientific literature, the focus of the review will be technical. Invited experts will review the draft, from hydrologists to amphibian specialists. Individuals with expertise in a particular subject, as well as a generalized knowledge of wetlands, are encouraged to review the BAS synthesis.
$1.3 Billion Oyster Case Hits Louisiana High Court
(The Times-Picayune, May 25, 2004)  “Plaquemines farmers' attorneys face justices' tough questioning.  While attorneys for a group of Plaquemines Parish oyster farmers argued Monday that their clients are entitled to collect $1.3 billion from the state for allegedly destroying their oyster leases, members of the Louisiana Supreme Court peppered the attorneys with a series of pointed questions in the high-stakes legal battle.  The court is not expected to issue a decision until next fall at the earliest.  The farmers, who say the Caernarvon Freshwater Diversion Project destroyed their business, were awarded $1.3 billion by a Plaquemines Parish jury in 2000. The award was upheld last October by the 4th Circuit Court of Appeal, which voted 3-2 that the verdict was not disproportional to the damage suffered by the farmers . . “ Visit http://www.nola.com/news/t-p/index.ssf?/base/news-1/108546834699780.xml for the story.  Other newspaper reports on the oral arguments can be found at: http://www.2theadvocate.com/stories/052504/new_oyster001.shtml and  http://www.miami.com/mld/miamiherald/business/8752504.htm   An amicus brief supporting a reversal of the lower courts’ decision can be found at:  http://www.law.georgetown.edu/gelpi/takings/courts/briefs/avenalamicus.pdf
MN: New ATV Rules For Wetlands Could Be Confusing For Riders
WCCO.com, 5/24/04. St. Paul (AP) – “The Minnesota Legislature changed the rules for riding A-T-V's in wetlands this session. But lawmakers' efforts may replace a clear but restrictive rule with murky language that leaves a lot open to interpretation. Under a bill awaiting the governor's signature, riders will be able to drive in virtually all wetlands as long as they do it safely and don't "carelessly upset the natural and ecological balance." A broad ban on wetland riding was repealed. Off-road enthusiasts are happy with the change. Conservation groups would prefer to keep A-T-V's, four-wheel-drive trucks and dirt bikes out of wetlands. The policy director for the conservation group Audubon Minnesota says the bill's "nebulous language" will make it difficult for conservation officers to arrest riders for damaging wetlands.” http://wcco.com/localnews/local_story_145125013.html
MA: State Seen Weakening Enforcement On Wetlands
Herald Tribune, 5/22/04.  BOSTON – “Wetland regulation in Massachusetts, which became a national leader in protecting its swamps, marshes and fens four decades ago, has slipped in recent years, compromised by poor record keeping, lack of enforcement, and budget cuts. In the past year, state officials have learned that hundreds of acres or more of wetlands have vanished, The Boston Globe reported, and that the state's record keeping is so poor that state officials have no clear idea which of the states lost wetlands have been filled illegally. The Globe also found that wetland officials went a decade without an effective system for making sure if the state's ‘no net loss’ goal for wetlands was being met, and that oversight and enforcement of wetland policy mostly relies on volunteer local conservation commissions ill-equipped to administer and enforce state rules . . . “ http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20040522/APN/405220611
MT: Bitterroot Ranch Family Copes With Bureaucracy In Pursuit Of Water Conservation
Ravalli Republic, 5/16/04. “When Jay Meyer started removing some old cottonwood trees on his farm last winter, he thought he was doing the right thing. Some of the trees were going to be in the way of a new pivot sprinkler irrigation system for which his ranch had recently been approved through the Natural Resources Conservation Service's Environmental Quality Incentives Program. But because the trees were on wetlands, he was in violation of the Clean Water Act. On May 5, representatives from the Army Corps of Engineers, the Environmental Protection Agency and the Natural Resources Conservation Service came to the Meyer ranch to assess the violations. ‘We're trying to stay ahead of the curve here,’ said Pete Schendel, who is with the corps of engineers out of Helena . . . “  http://www.ravallinews.com/articles/2004/05/16/news/news01.txt
OR: Restored West Eugene Wetlands Challenge Parkway Planners
The Register-Guard, 5/12/04.  “Oregon transportation officials are scrambling behind the scenes to prove that the proposed West Eugene Parkway won't partially dry up wetlands that the federal government spent as much as $6.5 million to buy and restore. Officials from the U.S. Bureau of Land Management are concerned that the controversial parkway's foundation will function like a dike, blocking underground water flows - depriving some part of the wetlands of water. The state must satisfy BLM officials in order to obtain a right-of-way to build the parkway across the federal lands . . . “ http://www.registerguard.com/news/2004/05/12/d1.cr.wep.0512.html
Angler Catches Snakehead in Virginia
Washington Post, 5/11/04. “State officials in Virginia said an angler has reeled in that state's first snakehead fish -- an Asian species known for its voracious appetite and for its ability to wriggle on land. Robert Hinds Junior caught the 12-inch fish on Friday in a Potomac River tributary near Mount Vernon. The snakehead has worried environmental and marine officials and just last week, a pond in Maryland was drained before it was declared clear of snakeheads after one was snagged by a fisherman . . . “ http://www.washingtonpost.com/wp-dyn/articles/A16752-2004May11.html
[AZ] Tres Rios: Everglades In Desert
The Arizona Republic, 5/5/04. “The Phoenix City Council has signed an agreement to launch a $91 million project in far west Phoenix to create about 1,500 acres of wetlands and a levee that will help to clean drinking water, control flooding and serve as a playground for bird watchers. The Tres Rios Project, now an 11-acre demonstration project, is home to spindly-legged water birds and looks like a piece of the Everglades in the desert. In its nine years, the wetlands have attracted observers from Italy, the endangered Yuma clapper rail birds and hundreds of visitors. In another nine years, the project will mushroom to 1,500 acres of wetlands, other habitats and a pump station in the area stretching from 83rd Avenue to Litchfield Road and Southern Avenue south to where the Gila, Agua Fria and Salt rivers meet . . . “ http://www.azcentral.com/arizonarepublic/northeastvalley/articles/0505tresrios0505Z7.html
EPA Awards $200,000 To Los Angeles Non-Profit For Wetlands Protection
EPA news release, 5/3/04. SAN FRANCISCO – EPA recently awarded a $200,000 grant to the Southern California Coastal Water Research Project to assess the health of wetlands in southern California. SCCWRP will use the money, plus $70,000 of its own, to work with local, state and federal organizations to assess the condition of wetlands in the southern California by taking field measurements and evaluating existing data. Testing is underway at approximately 57 sites in five counties on the coast from Santa Barbara to San Diego.  The information will be used to identify indicators, such as vegetation, hydrology and landscape conditions, that can be used to measure the health of wetlands statewide. EPA also awarded $250,000 to the Association of Bay Area Governments to assess wetlands in northern California. http://yosemite.epa.gov/r9/r9press.nsf/news?readform
Crucial Wetlands Area Restored In N. Utah
The Salt Lake Tribune, 4/23/04. TREMONTON – “At a time when Utah's wetlands are shrinking due to drought and urban sprawl, every marsh has become critical to North America's waterfowl and shorebird populations. The restoration of 800 acres in northern Utah was celebrated Thursday as a step toward helping preserve habitat for migratory birds and as an example of what can be accomplished with private-public partnerships . . . “ http://www.sltrib.com/2004/Apr/04232004/utah/159897.asp

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NEW PUBLICATIONS and RESOURCES

The 2nd Edition Of The Canadian Peatland Restoration Guide Is Complete!

WetKit news - may/june 2004. Authors Francois Quinty and Dr Line Rochefort, well known peatland restoration researchers, completed the first edition of the Canadian Peatland Restoration Guide in 1997. With several more years of experience under their belts they have now completed a second edition. This 100-plus-page book includes 44 pictures, graphs and charts. Chapter summaries facilitate quick access to the most pertinent information on peatland ecosystems, planning of restoration, restoration steps, monitoring and trouble shooting. Anyone interested in or planning peatland restoration or reclamation should have a copy in his or her library. Copies sell for $150 ($100 on CD) and can be purchased from the Canadian Sphagnum Peat Moss Association, http://www.wetkit.net/modules/1/showtool.php?tool_id=1446.

New Report On Best Management Practices For The Invasive Reed Canary Grass

WetKit news - may/june 2004.  A comprehensive report on Best Management Practices for the Invasive Reed canary grass in Wetland Restorations is now available online. The report results from a five-year study funded by the Minnesota Department of Transportation. This research developed a predictive understanding of Reed canary grass dominance in prairie pothole wetland restorations and investigated potential control techniques. A large-scale field experiment demonstrated that the most effective way to control Reed canary grass is a combination of later season herbicide applications and burning. Download the report via WetKit, http://www.wetkit.net/modules/1/showtool.php?tool_id=1456.

2nd Edition of Award Winning Wetland Restoration Handbook Published!

Wisconsin Wetlands Association “Wetland News” 4/27/04. The much-anticipated 2nd edition of the award-winning Wetland Restoration Handbook for Wisconsin Landowners is now available. Wetland restoration experts Alice L. Thompson and Charles S. Luthin authored the handbook, which encourages responsible and effective restoration of wetlands. Similar to the 1st edition, comprehensive text, colorful quotes, and interesting sidebars provide insight into all aspects of this emerging field. New chapters, additional high quality photographs, and an enhanced graphic design characterize the second edition. An expanded reference section highlighting useful Internet web sites, wetland flora and fauna reference, and a statewide contact list are also included. To obtain a copy of the new edition of the Wetland Restoration Handbook, contact WWA at 608-250-9971 or info@wiscwetlands.org

The Urban Subwatershed Restoration Manual Series Available

The Center for Watershed Protection has posted three manuals from the Urban Subwatershed Restoration Manual Series to its website at http://www.cwp.org/USRM_verify.htm  These will be available at no cost for downloads through September 2004.  CWP has spent the better part of the last year developing the Urban Subwatershed Restoration Manual (USRM), a practitioner's guide to restoring urban watersheds. Presented in a series of 11 manuals, the USRM presents practical and useful information on the actual techniques of watershed restoration that can be conveniently accessed and used by planners, engineers, stream biologists and municipal officials. Each manual is profusely illustrated and presents detailed field methods, practice specifications, costs, applicability and tips on implementation. Together, the USRM manuals introduce an integrated framework for urban watershed restoration, outline effective techniques for assessing urban watersheds, and provide a comprehensive review of watershed restoration techniques.

Stream Bugs as Biomonitors: A Guide to Pacific Northwest Macroinvertebrate Monitoring and Identification

The CD-ROM "Stream Bugs as Biomonitors: A Guide to Pacific Northwest Macroinvertebrate Monitoring and Identification" and the companion field guide are now available from the Xerces Society. For samples and an ordering form, please see: http://www.xerces.org/aquatic/cd-rom.htm The CD-ROM uses 900 pages of text and over 5000 images to detail the entire process of freshwater macroinvertebrate monitoring in the Pacific Northwest - from deciding if macros are right for you, to identifying macroinvertebrates, to interpreting data. A section on the Sampling Process leads you through 10 steps of developing and implementing a macroinvertebrate monitoring program, with detailed information on each step.

Great Basin Riparian Ecosystems: Ecology, Management, And Restoration

Edited by Jeanne C. Chambers, Jerry R. Miller.  Established by the USDA Forest Service in 1993, the Great Basin Ecosystem Management Project for Restoring and Maintaining Sustainable Riparian Ecosystems is a large-scale research study that uses an interdisciplinary approach to examine the effects of climate change and human disturbance on riparian areas. The book, GREAT BASIN RIPARIAN ECOSYSTEMS, edited by Jeanne C. Chambers and Jerry R. Miller, presents the approach used by the researchers to study and understand riparian areas in the Great Basin region. It summarizes the current state of knowledge about those areas and provides insights into the use of the information generated by the project for the restoration and management of riparian ecosystems. For more information visit http://www.islandpress.org/

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POTPOURRI

USDA Announces Priority Watersheds For 2004 Sign-Up In The Conservation Security Program

USDA news release, 5/19/04.  – USDA announced the priority watersheds that will be used in the fiscal year 2004 Conservation Security Program (CSP) sign-up to be held this summer. On May 4, 2004, USDA announced the process that would be used to select these watersheds. In order to implement CSP this fiscal year, USDA's Natural Resources Conservation Service (NRCS) will begin to train employees within the priority watersheds immediately on the basics of the program; detailed training will occur once the interim final rule is published in early summer. A sign-up announcement will be published along with the interim final rule that will detail the specific program requirements within the priority watersheds. The U.S. Congress capped the fiscal year 2004 CSP budget at $41.4 million.  This funding allows NRCS to write 3,000 to 5,000 contracts. Due to that limit on funding, USDA chose to offer the program in selected, priority watersheds.  The program will be offered each year, on a rotational basis in as many watersheds are funded.  Additional information on CSP, including the Federal Register notices, public comments and frequently asked questions, is at http://www.nrcs.usda.gov/programs/csp.    http://www.usda.gov/Newsroom/0200.04.html

RFIP for the Assessment and Watershed Protection Program Grants (AWPPGs)

The Request for Initial Proposals (RFIP) for the Assessment and Watershed Protection Program Grants (AWPPGs) is posted on the OWOW funding Website: http://www.epa.gov/owow/funding.html. Preproposals are due no later June 21, 2004.  The two main goals of the AWPPGs include supporting a watershed approach to better address water quality problems in the U.S. and building the capacity of all levels of government to develop and implement effective, comprehensive programs for watershed protection, restoration, and management. These goals are tied into EPA’s Strategic Plan, which includes restoring and maintaining oceans, watersheds, and their aquatic ecosystems to protect human health, support economic and recreational activities, and provide healthy habitat for fish, plants, and wildlife. States and local governments, federally recognized Indian Tribes, territories and possessions of the U.S., including the District of Columbia, interstate associations or intertribal consortia, public or private nonprofit, nongovernmental institutions and individuals are eligible to apply.

NAWCA Grants Available for Wetland Conservation Projects

April 27, 2004 issue of LGEAN Update. The U.S. Fish and Wildlife Service is accepting proposals for North American Wetlands Conservation Act (NAWCA) standard grant proposals. NAWCA proposals are four-year plans of action supported by a NAWCA grant and partner funds to conserve wetlands and wetlands-dependent fish and wildlife through acquisition (including easements and land title donations), restoration and/or enhancement, with a grant request between $51,000 and $1,000,000. Matching funds a required; they must be non-Federal and at least equal the grant request. Match is eligible up to 2 years prior to the year the proposal is submitted and grant and match funds are eligible after the proposal is submitted and through the project period. The deadline is July 30, 2004. For more information on developing proposals, contact David Buie at david_buie@fws.gov. For more information about the awards, including eligibility, proposal instructions, and policies and procedures, visit http://birdhabitat.fws.gov/NAWCA/USstandgrants.html

GeoSyntec to Develop Coastal Marsh Restoration Software

GeoSyntec news release, 5/24/04. Boston, MA.  An applied research grant to develop an integrated assessment and management system for coastal marsh ecosystems impacted by tidal restrictions has been awarded to GeoSyntec Consultants. The project, funded through the Cooperative Institute for Coastal and Estuarine Environmental Technology (CICEET), a partnership between the University of New Hampshire and the National Oceanic Atmospheric Administration (NOAA), located in Durham, NH will evaluate several emerging technologies in an effort to develop a coastal restoration planning and design tool.  Restoring tidally-restricted salt marshes is a common management practice today, but failure to account for the complex ecological responses to the restoration activities has led to unintended and less than optimal results.  Regional salt marsh practitioners report that their efforts are impeded by the lack of decision-making tools designed for the restoration process.  This project will focus on salt marsh restoration efforts in the Gulf of Maine where more than 350 tidal restriction sites have been inventoried. For details contact Jeff Rogers, Geologist, 978-263-9588.

Applications Sought for NERRA Executive Director

The National Estuarine Research Reserve Association (NERR) is accepting applications for an Executive Director.   The position is 80% project management and 20% lobbying.  Interviews will be held on June 9th in the afternoon.  Please send resumes and the cover letter to jcarter@sso.org.  The job announcement is posted at http://www.nerra.org/documents/executive_director_job.pdf  (Ignore the application deadline date in the job posting

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MEETINGS AND CONFERENCES