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June 30, 2006

INDEX:

---EDITOR'S NOTE--

---EDITOR'S CHOICE---

·

Wetlands 2006: Detailed Agenda and Abstracts Posted: Wetlands 2006 Prints for Sale

· Wetlands and Other Waters of the U.S. Legal Issues and Challenge
· Memo Hints At Limited EPA, Corps Clean Water Changes After Rapanos Ruling
·

Wetland Protection and Restoration Guides for Local Communities and Nonprofits

· Vermont Announces New Wetland Restoration And Protection Program
· ELI Report Shows Mixed Results for In-Lieu Fee Mitigation

---NEWS OF NATIONAL SCOPE---

·  

Northeastern US Counts Cost of Flooding

·  

Sunset Development, LLC Settles With EPA For Damaging Sioux Falls Wetlands, Waterway

·  $400 Million Amphibian Survival Alliance Proposed
·  Connecticut Scientists Investigate Marsh Die-Off
·  

Additions Made to National Wildlife Refuge System

· 

New Policies Announced to Improve Management of National Wildlife Refuges

· Developer Gets Prison For Bulldozing Creek
· Editorial: [USFWS Director] Hall Saying The Right Things For Wetlands
· WA State Enters Landmark Habitat Conservation Plan

---LEGISLATIAVE NEWS---

·  Budget/Appropriations Update from NRDC

---NEWS FROM STATES---  

·  

Twelve State Wetland Program Summaries Published by ELI

·  

FL: Bush Signs New Wetlands Protections

·  

IA: CREP having success in Iowa

·  

HI: Northwestern Hawaiian Islands Proclaimed a National Monument

---REPORTS, PUBLICATIONS AND RESOURCES---

· 

New Film Explores Playas - The Most Important Wetlands You've Never Heard Of

·

New Release "Guide To The Natural Communities Of The Delaware Estuary"

·

New Article in Series: Using Local Watershed Plans to Protect Wetlands

·

New Publication: A Handbook for Stream Enhancement & Stewardship

· New Publication: Pitcher Plants of the Americas
· New Publication: A Guide to Common Freshwater Invertebrates of North America
· New Publication: Vernal Pools: Natural History and Conservation
· New Publication: Forests in Peril: Tracking Deciduous Trees from Ice-Age Refuges into the Greenhouse World
· New Publication: Handbook for Wetlands Conservation and Sustainability

---POTPOURRI---

· 

Solicitation of Project Proposals

·  

Request for Proposals (RFP) for the Assessment and Watershed Protection Program Grants

·  

Ph.D. Research Assistantship, Wetland and Wildlife Ecology and Management

·  

Wetland Research Technician

---MEETINGS AND CONFERENCES---

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

EDITOR'S NOTE

Dear Friends and Colleagues,

This edition was pulled together with the assistance of Laura in the Maine (main?) ASWM office, without which it likely wouldn't have been completed for a couple more weeks at least. We have posted more information to the ASWM website regarding the recent Supreme Court decisions, and in addition to keeping up with the new information rolling out regularly we are also knee-deep in developing new publications (see below) and in coordinating the annual symposium http://www.aswm.org/calendar/wetlands2006/wetlands2006.htm.

Special thanks to everyone who contributed to this edition, including April Moulaert, Vermont Agency of Natural Resources; Frank Montarelli, EPA; Bronwyn Mitchell, Environmental Concern; Judy Bailey, EPA; and of course our Executive Director, Jeanne Christie.

I hope everyone has a delightful and safe summer.

Jennifer Brady-Connor
Editor, Wetland Breaking News

EDITOR'S CHOICE

Wetlands 2006: Detailed Agenda and Abstracts Posted: Wetlands 2006 Prints for Sale
 

In recent weeks the offices of ASWM have been very busy working with speakers, sponsors, exhibitors and other interested parties in preparation for Wetlands 2006: Applying Scientific, Legal and Management Tools August 28-31 at the Grant Traverse Resort near Traverse City Michigan. Additional information about the conference is being posted to the website. A detailed agenda and abstracts have been added. This and other information is available at the main conference site at: http://www.aswm.org/calendar/wetlands2006/wetlands2006.htm or visit ASWM's main page at http://www.aswm.org/

ASWM commissioned artwork by talented Traverse City artist Glenn Wolff for
Wetlands 2006. Limited edition signed and numbered prints will be available at the conference or can be ordered prior to the conference by conference and nonconference attendees at a reduced price. For more information go to. http://aswm.org/calendar/wetlands2006/merchandise6-22.htm - from Jeanne Christie, ASWM

 

Wetlands and other Waters of the U.S. Legal Issues and Challenge

 As part of Wetlands 2006 there will be a day and a half legal symposium August 28 and 29 to update participants on recent federal and state court cases relevant to the protection and restoration of wetlands and other "waters of the U.S." This will include discussions on the Rapanos and Carabell cases and address a number of relevant topics including: 1) 'What did the Supreme Court decide? 2) What does the term "significant nexus" mean? And 3) What are likely federal, state, tribal and local agency response to these cases? For more information visit: http://www.aswm.org/calendar/wetlands2006/legal.htm

 
Memo Hints At Limited EPA, Corps Clean Water Changes After Rapanos Ruling
 

Inside EPA, 06/10/06 - The U.S. Army Corps of Engineers is distributing informal interim guidance that suggests EPA and the Corps will be making only narrow changes in how they determine whether a wetland or other waterbody is subject to Clean Water Act (CWA) protections in the wake of the Supreme Court's divided ruling last month on the scope of the water act, according to a copy of the guidance obtained by Inside EPA. In an internal memo distributed to Corps district officials July 5, Corps regulatory branch chief Mark Sudol says the Corps and EPA are in the process of developing joint guidance clarifying CWA jurisdiction following the high court's ruling in Rapanos et ux., et al. v. United States on June 19. Full story: http://www.aswm.org/wbn/epa_rapanos_memo.pdf


Wetland Protection and Restoration Guides for Local Communities and  Nonprofits
 

 A series of 21 Question and Answer Guides have been published by the Association of State Wetland Managers, Inc. These question and answer guides are designed primarily for local government, land trusts and members of the public and provide information on wetland topics ranging from organizing a wetland festival to legal advice for local governments. Each guide includes a list of questions and answers along with a selected bibliography and list of websites for readers wishing more information. To access these brochures, visit http://www.aswm.org/propub/brochures2006.htm

     
Vermont Announces New Wetland Restoration And Protection Program
 

The State of Vermont is pleased to announce the creation of a new Wetland Restoration and Protection Program, which is part of the Vermont Agency of Natural Resources Clean and Clear Action Plan. The purpose of this new program is to coordinate wetland restoration and protection activities with the primary goal of improving water quality in Lake Champlain. This program is housed in the Lands Administration Section of the Agency's Department of Forests, Parks and Recreation. Program staff will be working closely with landowners, community groups, non-profit organizations, state and federal agencies, and private contractors to protect and restore impaired wetlands in the Lake Champlain Basin. A study is underway to identify and prioritize wetland restoration opportunities in the Vermont portion of the Lake Champlain Basin. Any questions regarding this program can be directed to April Moulaert at april.moulaert@state.vt.us. April would appreciate any ideas/ tips/ guidance from other groups that have existing wetland restoration and protection programs.

 
ELI Report Shows Mixed Results for In-Lieu Fee Mitigation
 

ELI Press Release June 27, 2006 - The Environmental Law Institute (ELI) has released the first-ever, comprehensive study of in-lieu fee mitigation. "In-lieu fee" mitigation refers to a form of compensatory mitigation that allows developers and others to pay a fee to a third party to support conservation when they receive a Clean Water Act permit to dredge or fill wetlands and other waters. The study, conducted between July 2005 and June 2006, concludes that although few of the existing 38 in-lieu fee programs studied meet many of the basic standards for the practice, it may remain a legitimate and effective mechanism for supporting the national goal of "no net loss" of wetlands. ELI's study examines whether these programs have adequately addressed recommendations by the federal wetland regulatory agencies, as well as the findings of significant studies by the Government Accountability Office and National Research Council. "Without question, the majority of the in-lieu fee programs in operation today largely fail to apply the rules, guidance, and policy that have been established to guide the practice," says Jessica Wilkinson, Director of ELI's Wetlands Program. "However, these deficiencies may be a product of the structure of the existing programs and in-lieu fee mitigation policy, rather than the mitigation method itself." The full report and other mitigation studies by ELI are available at: http://www2.eli.org/wmb/index.htm

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NEWS OF NATIONAL SCOPE

Northeastern US Counts Cost of Flooding
 

 Planet Ark 7/3/06 PHILADELPHIA - As the waters receded on Friday, authorities estimated damages could easily top US$100 million after floods destroyed roads and bridges and drove hundreds of thousands from homes in the US Northeast. http://www.planetark.com/dailynewsstory.cfm/newsid/37084/story.htm

 
Sunset Development, LLC Settles With EPA For Damaging Sioux Falls Wetlands, Waterway
 

EPA news release 6/14/06. Denver, Colorado - The U.S. Environmental Protection Agency Region 8 has reached a consent agreement with Sunset Development, LLC, Daniels Construction, Inc., and James P. Daniels of Lincoln County, S.D., who have agreed to pay $60,000 in penalties to compensate for the environmental damage they caused to wetlands and a waterway in Sioux Falls, S.D. Sunset Development, LLC, Daniels Construction,Inc., and James P. Daniels agreed to settle after EPA determined their discharges affected a 0.4-acre wetland, a 0.6-acre wetland, and a three-acre linear waterway in the Sunset Ridge subdivision in Sioux Falls. http://www.aswm.org/wbn/sunset_development.pdf

 
$400 Million Amphibian Survival Alliance Proposed
 

ENS, 7/7/06. CORVALLIS, Oregon - Fifty of the world's amphibian researchers are calling for a new Amphibian Survival Alliance, a $400-million initiative to help reduce and prevent amphibian declines and extinctions. They call the disappearance of frog, toad and salamander species an ecological crisis of growing proportion that continues to worsen. In a policy statement published today in the journal "Science," the scientists say that 32 percent of all amphibian species are threatened and at least nine - perhaps as many as 122 - have become extinct since 1980. Traditional programs and current laws and policies alone are insufficient to address global threats that cross boundaries of reserves and nations, the scientists said in their report. They say only a more organized and effective approach to address the various  diseases, habitat loss, invading species and other issues will be effective. http://www.ens-newswire.com/ens/jul2006/2006-07-07-09.asp#anchor2

 
Connecticut Scientists Investigate Marsh Die-Off

Associated Press 6/27/06. MADISON, Conn. - Something is killing New England's salt marshes, and scientists are trying to figure out how large the problem is, and how to stop it. Parts of the marshes, normally teeming with cord grass, fish and birds have turned mud brown and bare of life except for fiddler crabs .http://www.enn.com/today.html?id=10754

 
Additions Made to National Wildlife Refuge System
 

By Nicholas Throckmorton, 6/15/06. At its June 14, 2006 meeting, the Migratory Bird Conservation Commission approved more than $1.3 million to acquire 291 acres of wetlands and associated upland habitats for the National Wildlife Refuge System in Oregon, Virginia, North Carolina, New Jersey, and California. Funding for these acquisitions comes primarily from the purchase of Federal Duck Stamps by hunters and conservationists. The Commission also approved more than $19.5 million from the North American Wetlands Conservation Fund for 54 conservation projects in 25 U.S. states and Canada. http://news.fws.gov/NewsReleases/showNews.cfm?newsId=DCEDDB94-CEFD-7B59-7331F5E81E3F3148

 
New Policies Announced to Improve Management of National Wildlife Refuges
 

USFWS News Release 6/2/06. WASHINGTON - Secretary of the Interior Dirk Kempthorne today announced new policies that define the unique wildlife conservation mission of the National Wildlife Refuge System and will help refuge managers enhance opportunities for people to participate in fishing, hunting, bird watching, and other wildlife-related recreational activities. http://news.fws.gov/NewsReleases/showNews.cfm?newsId=F22D4159-0E89-426B-1F2B28C6B5E5A7E5

 
Developer Gets Prison For Bulldozing Creek
 

By Christopher Smith, Associated Press writer BOISE, Idaho -- A federal judge has sentenced an eastern Idaho developer to 18 months in prison and $9,000 in fines for bulldozing a streambed and draining wetlands to create land to build more new homes.
http://www.casperstartribune.net/articles/2006/06/23/news/regional/ab18f258d0946a4d872571930075e171.txt

 
Editorial: [USFWS Director] Hall Saying The Right Things For Wetlands
 

Editorial by Bob Marshall, The Times-Picayune, 6/25/06.I have no idea if Dale Hall will go down as one of the great directors of the U.S. Fish and Wildlife Service. I don't know if he'll ultimately be regarded as a man who achieved anything significant for fish and wildlife habitat and the people and critters who depend on those resources for life. After all, the man has only been in the job for a few months.http://www.nola.com/sports/t-p/index.ssf?/base/sports-24/1151222601101580.xml&coll=1

 
WA State Enters Landmark Habitat Conservation Plan
 

Policy News from ESA's Public Affairs, 6/16/06. The Fish and Wildlife Service and National Marine Fisheries Service agreed to shield loggers and forest landowners from parts of the Endangered Species Act for 50 years if they follow the state of Washington's new rules protecting salmon. The sweeping deal is one of the biggest programs of its kind in the nation. The "Forests and Fish" Habitat Conservation Plan (HCP) covers 9.3 millionacres of mostly private forests, encompassing just over 20 percent of the state, making it second only to the red-cockaded woodpecker HCP on private timberlands in Georgia. http://www.aswm.org/wbn/esa_policy.pdf

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LEGISLATIVE NEWS

Budget/Appropriations Update from NRDC
 

Excerpted from Natural Resources Defense Council's LEGISLATIVE WATCH, 6/22/06.

Budget/Appropriations:

On 6/16, President Bush signed a $94 billion emergency supplemental appropriations bill (H.R. 4939) to fund the war in Iraq and hurricane damage restoration efforts along the Gulf Coast. The Senate passed the bill earlier in the week by a vote of 98-1, following House approval of the measure by a margin of 351-67. The $19.8 billion earmarked for Gulf Coast restoration includes $4 billion for levee repair and flood control projects, and $6 billion for FEMA's Disaster Relief Fund. While the vast majority of restoration funding is directed toward the Gulf Coast, $30.4 million was approved to accelerate levee repair and flood control projects along California's Sacramento River.

Also on 6/14, the House Appropriations Committee approved a $3.4 billion budget for the National Oceanic and Atmospheric Administration as part of the fiscal year 2007 Commerce appropriations bill. The total approved was $289 million less than the Bush administration's request to fund NOAA. The NOAA programs suffering the largest cuts would include the National Marine Fisheries Service, the National Ocean Service, and the Office of Oceanic and Atmospheric Research. Ironically, the proposed cuts to NOAA came in the midst of the annual "Capitol Hill Oceans Week," during which an analysis was released describing the 10 most urgent policy reforms for ocean health, and calling on Congress to provide an additional $747 million in NOAA funding above the present level. 

Senate Subcommittee Recommends Maximum Funding for Wetlands Program
 DU Magazine. 6/20/06. MEMPHIS, Tenn. - The Senate Appropriations subcommittee for Agriculture, Rural Development and Related Agencies today approved full funding for 250,000 acres for the Wetlands Reserve Program (WRP). This approval agrees with President Bush's budget request for full funding for the program. After approval from the full Senate Appropriations Committee, the Senate and House of Representatives will go to conference to determine how many acres will actually be funded in WRP in fiscal year 2007. Earlier this month, the House recommended reducing WRP funding to an all-time low of almost 145,000 acres.
http://www.ducks.org/news/795/Senatesubcommitteere.html 

Hunters, Anglers, Conservationists Support Wetlands Legislation
Southwest Nebraska News, 7/3/06. Washington, DC - A broad coalition of hunters, anglers, and conservationists has banded together to support legislation being co-sponsored by Nebraska's Senator Ben Nelson to re-authorize the North American Wetlands Conservation Act. "The North American Wetlands Conservation Act (NAWCA) is a matching grant program aimed at protecting, restoring and enhancing wetlands and other habitats for migratory birds, fish and other wildlife," said Nelson. "Since it was first signed into law in 1989, grants have spurred more than 2,000 partners to work on 1,100 projects, restoring nearly 23 million acres of wetlands and associated habitats in the United State, Canada and Mexico.".  http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?158732

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NEWS FROM STATES

Twelve State Wetland Program Summaries Published by ELI 
       

 From Roxanne Thomas, ELI - The Environmental Law Institute has recently released its report State Wetland Program Evaluation: Phase II, the second part of a multi-phased study designed to describe and analyze "core" components of state wetland programs. In each phase of the study, a cross-section of states representing various approaches to wetland protection and regulation, as well as geographic diversity, is profiled. Phase II states include: Florida, Hawaii, Montana, Nebraska, New Jersey, Oregon, Rhode Island, Texas, Utah, Vermont, West Virginia, and Wisconsin. The report is available free for download at http://www.elistore.org/reports_detail.asp?ID=11152. Phase I of the study, which profiles an additional 12 states (Arizona, Arkansas, Colorado, Georgia, Maine, Michigan, Missouri, New York, North Carolina, Ohio, Pennsylvania, and Washington), is also available free for download at  http://www.elistore.org/reports_detail.asp?ID=11079. In this report, ELI finds that state wetland programs, take a variety of approaches to wetland regulation and protection. The report complements work currently being conducted by the Association of State Wetland Managers to construct a website providing information on core wetland program elements for each of the fifty states. Completed state program summaries can be found at http://www.aswm.org/swp/statemainpage9.htm. The ELI and ASWM reports address wetland programs from somewhat different and complimentary perspectives. More information about ELI's Wetlands Program visit  http://www2.eli.org/research/wetlands.htm.

 
FL: Bush Signs New Wetlands Protections
 

By Aaron Deslatte, Capitol Bureau, 6/16/06. ".Gov. Jeb Bush on Thursday signed stronger stormwater and wetlands protections into law for the Florida Panhandle - ending decades of obstruction from Northwest Florida home builders and politicians. Called Environmental Resource Permitting, the program already enforced elsewhere in the state will force developers in the 16-county Northwest Florida water management district to keep stormwater from flooding adjacent properties. Currently, developers only have to worry about the quality of the water running off their project sites, not the volume of runoff. The new law requires DEP to develop limits for how much water can escape. "
http://www.tallahassee.com/apps/pbcs.dll/article?AID=/20060616/CAPITOLNEWS/606160321

 
IA: CREP Having Success in Iowa
 

By Jean Caspers-Simmet, Agri News staff writer, 6/19/96. Des Moines Iowa's Conservation Reserve Enhancement Program is removing nitrates from tile drainage in 37 north central Iowa counties. What happens here will ultimately affect the hypoxic zone in the Gulf of Mexico, said Dean Lemke, chief of the Water Resources Bureau with the Iowa Department of Agriculture and Land Stewardship. "CREP was created under the farm bill, and it is supported by 20 percent state funds and 80 percent federal funds,'' Lemke said. "Our budget is $38 million for the initial Iowa CREP effort." http://webstar.postbulletin.com/agrinews/235737500567679.bsp

 
HI: Northwestern Hawaiian Islands Proclaimed a National Monument
 

Econews, 6/15/06. Washington, DC - President George W. Bush signed a proclamation designating the waters of the Northwestern Hawaiian Islands a national monument. The status confers immediate and permanent protection upon 140,000 square miles federal waters surrounding 10 islands and atolls creating the largest single conservation area in the history of the United States, and the world's largest protected marine area. The Northwestern Hawaiian Islands Marine National Monument is more than 100 times larger than Yosemite National Park, larger than 46 of the U.S. 50 states, and more than seven times larger than all the 13 national marine sanctuaries combined. The archipelago is inhabited by more than 7,000 marine species, a quarter of which are found nowhere else on Earth. http://www.ens-newswire.com/ens/jun2006/2006-06-15-03.asp

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REPORTS, PUBLICATIONS and RESOURCES

New Film Explores Playas - The Most Important Wetlands You've Never Heard Of
 

Playa Lakes Joint Ventures - In an effort to raise awareness and conservation of playa wetlands, the Playa Lakes Joint Venture (PLJV) - a partnership of conservation groups, landowners, and natural resource agencies - has produced a new film about these vital wetlands entitled, "The Playas - Reflections of Life on the Plains", which is now available on DVD or VHS. Full release and PLJV media kit: www.pljv.org/news02.html

 
New Release "Guide To The Natural Communities Of The Delaware Estuary"

EnviroBytes, 6/23/06. The newly-released "Guide to the Natural Communities of the Delaware Estuary," provides ecosystem restoration practitioners with the necessary information to help them protect and restore vulnerable habitats in the Delaware Estuary watershed. It is organized by ecological system and describes 35 systems and the natural communities associated with them. It is available at the Delaware Estuary Partnership web site at: http://www.delawareestuary.org/pdf/ScienceReportsbyPDEandDELEP/GuideNaturalC omm_v1.pdf

 

New Article in Series: Using Local Watershed Plans to Protect Wetlands

 

The Center for Watershed Protection has released a new article, Wetlands & Watershed Article Series, Article 2. This article briefly describes a proposed framework for integrating wetland management in the context of local watershed planning efforts. It outlines: the rationale for managing wetlands at the watershed scale, the basics of the watershed planning process, and 11 recommended watershed planning elements that relate to wetlands. The article can be found at: http://www.cwp.org/wetlands/articles.htm

 

New Publication: A Handbook for Stream Enhancement & Stewardship

 

A Handbook for Stream Enhancement & Stewardship, prepared by The Izaak Walton League, provides a consolidation of much otherwise-dispersed information into a well organized and clearly written single volume. This handbook is intended to be a basic resource for individuals, classes, organizations, volunteer groups, or communities-- and for those who mentor them -- wishing to carry out environmentally sound, cost-effective stream corridor assessment, enhancement, and stewardship programs. It will be of great value to readers who want to acquire a solid grasp of the fundamentals of assessing the physical condition and ecological well-being of streams, of what might be done to improve the stability and ecological health of stream corridors, and of implementing effective stream enhancement programs in their communities. FMI: www.mwpubco.com/stream.htm

 
New Publication: Pitcher Plants of the Americas
 

Pitcher Plants of the Americas by Stewart McPherson presents the most extensive general review of the pitcher plants of the Americas yet undertaken - it is a substantive overview of the systematics, biology, ecology, biogeography, and conservation of the five genera of American pitcher plants (s.l.), including three genera of true pitcher plants (Darlingtonia, Heliamphora, and Sarracenia) and two genera of carnivorous tank bromeliads (Brocchinia and Catopsis). This book is noted at http://www.mwpubco.com/interest.htm and will be more fully described on our web site within the next few weeks.

 
New Publication: A Guide to Common Freshwater Invertebrates of North America
 

A Guide to Common Freshwater Invertebrates of North America, by J. Reese Voshell, is considered by many to be the guide of choice for use by nonspecialists wanting to identify common freshwater invertebrates of North America to the family level, and is widely used by naturalists, educators, agency personnel, and lay volunteers because of its high quality color illustrations, user-friendly language and organization, and substantive content. FMI: www.mwpubco.com/inverts.htm.

 

New Publication: Vernal Pools: Natural History and Conservation

 

Vernal Pools: Natural History and Conservation by Elizabeth A. Colburn is the most comprehensive and substantive book available on the natural history, ecology, and conservation of these myriad small, transient, biologically dynamic pools that appear in low-lying areas, especially in spring, then typically disappear as the seasons progress. FMI: www.mwpubco.com/vernalpools.htm.

 

New Publication: Forests in Peril: Tracking Deciduous Trees from Ice-Age Refuges into the Greenhouse World