Editor's Note

Editor's Choice

National News

Legislative News

State News

Resources/ Publications

Potpourri

Job Openings

Meetings/ Training

ASWM Calendar

INDEX:

---EDITOR'S NOTE--

---EDITOR'S CHOICE---

·	Plan to Ease Gulf Wetlands Rules Scaled Back
·	District Court Strikes Down Clean Water Act Tulloch II Dredging Rule
·	UT: Committee Sends Wetlands Bill To Senate
·	Banking on Mitigation: New Regulations Might Change National Wetlands Policy
·	Sea-Level Rise Threatens Bay Shores, Wetlands

---NATIONAL NEWS---

·	Sec. Kempthorne Announces Appointment of Luthi as Deputy Director of the USF&WS
·	Judge Says Residents Can Sue Corps Over MRGO
·	U.S. Army Corps of Engineers Provides Locations of Unacceptably Maintained Levees
·	Federal and State Regulators Take Unified Approach to Projects Requiring Stream Mitigation
·	EPA Commits $10 Million to Protect the Nation's Beaches

---LEGISLATIVE NEWS---

·	New Bill Introduced for Expanded Tax Incentive for Conservation Easements
·	Over $2.1 Billion Requested by Bush for U.S. Fish and Wildlife Service in 2008 Budget
·	Clean Energy Bill Passed in the House; White House Issues Statement on Bill
·	Wetlands Loan Act is Reintroduced in Congress

--- STATE NEWS---  

·	NC: Federal Agencies Pitch in for N.C. Wildlife Effort
·	WI: Unblocking Pigeon Creek Seminary Plan to Remove Dam Will Let Fish Swim Free
·	WA: State Will Continue to Use Permits to Control Aquatic Pesticides
·	VA: River Easement Gets Help in State Budget
·	FL: Wetlands Education Returns to Area
·	AR: Arkansas to Restore Wetlands for Wildlife
·	NV: EPA delegates Clean Water Act Authority to Nevada Paiute Tribe
·	CT: WATERBURY: Wetlands Approves Proposed $40 Million Shopping Center
·	MO: Wetlands Work, City Tells DNR
·	WY: Drought Triggers U.S. Water Wars, Pits Montana Against Wyoming
·	AK: My Turn: Don't Run the Bridge Over Precious Wetlands
·	CA: Marin Loses Money for Flood Control
·	HI: Ocean Resources Management Plan: Charting a 30-Year Vision in Hawai’i
·	MD: Wetlands Shield Vital: Additional Protection Needed Through Education, Regulation
·	CA: Wetlands Purchase Leaves Salt in Wounds
·	MA: State Says Bay Colony Exempt From Wetlands Act
·	MD: Judge Rules Out Zoning to BLok LNG Terminal

---RESOURCES AND PUBLICATIONS---

·	New DEQ Wetland Inventory Maps Available for 83 Counties in Michigan
·	Freshwater Fishes of Virginia: Available Again, New Printing
·	First Annual Streamflow Summary Available

---POTPOURRI---

·	Tomales  Bay Wetlands Project Gets $1 Million Grant
·	A Bogged-Down Battle
·	Diamondback Terrapin in the Rough
·	1.4 Million Gallons Treated Wastewater Spilled From the Kahului Wastewater Plant
·	Engineering Runoff Solutions
·	One Endangered Juvenile Whooping Crane Discovered in Florida
·	Group Calls for Wetlands Preservation

---JOB OPENINGS---

·	Water Resource Engineer for Watershed Work
·	Faculty Position in Wetland Ecology
·	Eastern Nevada Landscape Coalition seeks Field Crew Members for a Watershed Project
·	Wetland Monitoring Summer Employees (2) Needed in Iowa: late -May - August 2007
·	Short-term Forest Monitoring Crew Needed in Northeastern National Parks
·	Lake Ontario Dunes Stewards Needed to Promote Resources Appreciation
·	Strategic Project Director for Fisheries Management
·	USGS Wildlife Research Center seeks Two Full-Time Temporary Bird Technicians
·	Wetland/Stream Restoration Position
·	Conservation Planning Botanist
·	Delaware Wetland Positions – Four Openings with DE Dept of Natural Resources
·	Watershed Classification System Research Team seeks Postdoctoral Associate
·	Amphibian Field Assistants Wanted for Summer Position
·	Lake/Wetland Monitoring Summer Employee
·	Vegetation Technician Position With Nature Conservancy
·	Regulatory Scientist Position

---MEETINGS AND TRAINING---

·	Call for Papers: New York State Wetlands Forum, Inc.
·	Save Our Streams and Maryland Stream Waders Workshop Series
·	Rocky Mountain Chapter of the Society of Wetland Scientists Special Session
·	National Invasive Weed Awareness Week
·	4th Conference on Watershed Management to Meet Water Quality and TMDLS
·	Introduction to Wetlands and Vernal Pools of Southern New England (for Gardeners)
·	Conservation and Renewable Energy conference in Michigan
·	GIS Course for Wildlife and Conservation
·	Joint Meeting of Two Estuarine Research Societies
·	Wetlands Courses for Professionals –2007 Offerings with Environmental Concern, Inc.
·	DRAINMOD Workshop in Raleigh, NC
·	10th Anniversary Conference Addresses the “Next Decade of Mitigation Banking”
·	2007 Southeastern Wetlands Data Users Workshop
·	2007 AWRA Summer Specialty Conference on Emerging Contaminants
·	Using Fluvial Geomorphology in Watershed Assessment and Stream Restoration
·	American Wetlands Month is Coming – Start Now to Plan a Wetlands Event!
·	Industrial Water Quality 2007 Conference
·	Making a Great Lake Superior 2007: First Call for Participation & Papers

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

EDITOR'S NOTE

Dear Friends and Colleagues,

While it may be a cold, dreary month for many in the Northeast, February has always been my favorite. Each year I look forward to ice skating, sending homemade Valentines and celebrating my birthday with my grandmother, whose birthday is just before mine. Now that I live in southern Maine, I am closer to my grandparents’ house and the best skating ponds I can remember, which were hidden behind crinkly cattails and tall reeds. Before any of us skated onto the pond, my uncle tested the thickness of the ice with a very long ice pick. But sometimes the glassy pond deceived all of us and life beneath the ice was still moving—fed by an out-of-sight creek. One year I fell through the ice up to my hip, walked back to my grandparents’ house to change my clothes and warm up before returning to skate again—far from the spot where the frogs swam beneath a thin, frozen sheet. A side from the things we expect in February, from the groundhog to Nor’easters, I love the anticipation this month builds as we turn toward spring. Many thanks to this issue’s contributors: Kathy Purdue, Army Corps of Engineers in Virginia; Karen Shishido, Hawai’i Coastal Management Program; David Davis, Virginia Department of Environmental Quality; and Gregg Serenbetz, U.S. EPA. Leah Stetson Editor, Wetland Breaking News

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EDITOR'S CHOICE

Plan to Ease Gulf Wetlands Rules Saled Back

By Mike Stuckey – MSNBC – February 14, 2007 Responding to an outpouring of complaints, federal officials have dramatically scaled back a proposal to speed up development in wetland areas along the Mississippi Gulf Coast. The U.S. Army Corps of Engineers unveiled a plan last fall to cut red tape in an effort to speed construction following Hurricane Katrina, but the proposal triggered a storm of protest from the environmental community after it was first reported by MSNBC.com in October. For full story, go to: http://www.msnbc.msn.com:80/id/17132172/

District Court Strikes Down Clean Water Act Tulloch II Dredging Rule

By Steve Richardson – Van Ness Feldman Issue Alert – February 2, 2007 On January 30th, the United States District Court for the District of Columbia found that two federal environmental agencies had exceeded their statutory authority and invalidated the “Tulloch II” rule. The rule presumed that the use of “mechanized earth-moving equipment” would result in the discharge of dredged or fill material into waters of the United States and thus would require a permit pursuant to section 404(a) of the Clean Water Act (CWA). National Ass’n of Home Builders v. U.S. Army Corps of Engineers, No. 01-0274 (D.D.C. 2007). The district court also enjoined the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) from enforcing and applying the Tulloch II rule. The ruling makes clear that not all uses of mechanized earth-moving equipment may be regulated under the CWA. For the full alert, visit: http://www.vnf.com:80/content/alerts/alert020207.htm  For the National Association of Home Builders’ press release, go to: http://www.nahb.org/news_details.aspx?newsID=4028  For the Clean Water Network news release on the recent District Court decision, visit: http://www.cwn.org/cwn/issues/wetlands/DisplayContent.cfm?ContentID=485&ContentTypeID=1PageFormat=DisplayContent  To view a copy of the District Court’s Memorandum, go to: http://www.cwn.org/cwn/files/tullochopjr.pdf For a position paper by the National Stone Sand and Gravel Association (July 2006), go to: http://www.nssga.org/government/Position_Paper/09_Wetlands_Clean_Water_Act_-_Tulloch_Rule.pdf  To read the U.S. Army Corps of Engineers “Tulloch II Rule,” which was finalized May 1999, go to: http://www.wetlands.com/fed/fr10may99a.htm

UT: Committee Sends Wetlands Bill to Senate

By ALAN CHOATE - Daily Herald – February 8, 2007 Local governments should leave mapping wetlands to federal agencies, according to legislation that squeaked out of a legislative committee on Wednesday. The bill from Sen. Sheldon Killpack, R-Syracuse, would prohibit cities and counties from designating protected wetland areas, except when a federal agency -- such as the U.S. Army Corps of Engineers -- has issued the designation. It stems from a situation in Summit County in which the county wants to designate additional wetlands beyond what the Corps found, which Killpack called an "inverse condemnation" of private property. "The state has a pretty strong history of property rights," he said. He also said there was no particular reason he didn't also ban state agencies from issuing wetlands designations, and that he'd be open to expanding the prohibition in the future. Sen. Scott McCoy, D-Salt Lake City, wondered if the Summit County situation called for "finesse" instead of legislation. For full story, go to: http://www.heraldextra.com:80/content/view/209662/4/

Banking on Mitigation: New Regulations Might Change National Wetlands Policy

By Amos Esty – American Scientist – March 2007 issue Although the Clean Water Act protects U.S. wetlands, every year thousands of acres of swamps and marshes are legally destroyed and converted into golf courses, shopping malls and other forms of dry, lucrative ground. Since 1989, the goal of wetlands policy has been to achieve "no net loss," but that remains an elusive target. Under current guidelines, developers whose projects will impinge on natural wetlands can receive permits allowing construction in return for agreeing to offset the damage through a process known as compensatory mitigation. The two most common forms of this practice are individual mitigation, in which developers build compensatory wetlands themselves, and mitigation banking, in which developers purchase credits from companies (mitigation banks) that have restored or created wetlands nearby. For full article, visit: http://www.americanscientist.org:80/template/AssetDetail/assetid/54779;_dY5Z1T_5oi

Sea-Level Rise Threatens Bay Shores, Wetlands

BY TODD B. BATES AND KIRK MOORE – Asbury Park Press – February 5, 2007 A rising sea level. Greater coastal flooding. Threats to wetlands. New Jersey's future will include these and other key issues, according to experts interviewed before and after a new international report on climate change was released on Friday. "Basically . . . the future doesn't look good" because the coast is being submerged by rising water and eroded because no new sediment is coming in, said Norbert P. Psuty, a coastal expert at Rutgers University's Institute of Marine and Coastal Sciences. "We're . . . in a very pre-carious situation" in many parts of the coast, said Psuty, director of Sandy Hook Cooperative Research Programs. But people can adjust by elevating their homes, yards and streets and by replenishing beaches, including those on the bay side, said James G. Titus, project manager for sea-level rise at the U.S. Environmental Protection Agency since 1982. "People can adapt" to a rising sea level, said Titus, who has vacationed on vulnerable Long Beach Island since 1955. "People can plan for it." The new Intergovernmental Panel on Climate Change summary report — "Climate Change 2007: The Physical Science Basis" — prompted a mixture of pessimism, pragmatism and optimism last week. For full article, visit: http://www.app.com:80/apps/pbcs.dll/article?AID=/20070205/NEWS/702050334/1001/DWEK01

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NATIONAL NEWS

Secretary Kempthorne Announces Appointment of Randall Luthi as Deputy Director of the U.S. Fish and Wildlife Service

Contact: Chris Tollefson – US Fish & Wildlife Service News Release – February 5, 2007 Secretary of the Interior Dirk Kempthorne and U.S. Fish and Wildlife Service Director Dale Hall today announced the appointment of Randall Luthi as deputy director of the U.S. Fish and Wildlife Service. Luthi, a former speaker of the Wyoming State House of Representatives, is a rancher and attorney in private practice from Freedom, Wyo.  He previously served in the Department of the Interior and at the National Oceanic and Atmospheric Administration (NOAA). “Randall Luthi’s leadership in Wyoming, combined with his broad experience with conservation issues in government and as a private landowner, make him ideal for the U.S. Fish and Wildlife Service,” Kempthorne said. “We’re excited to have Randall Luthi join the Fish and Wildlife Service. His unique perspective as a landowner and legislator will help us continue to work with our partners to deliver effective wildlife conservation across the nation,” said Service Director Hall. For full release, visit: http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=9228DB25-DABA-E2D7-825CAFEA7BEAAF91

Judge Says Residents Can Sue Corps Over MRGO

By Cain Burdeau – Associated Press – February 2, 2007 Residents of the three areas flooded worst by Hurricane Katrina can sue the Army Corps of Engineers over claims that a poorly designed navigation channel caused catastrophic flooding during Hurricane Katrina, a federal judge ruled Friday. The Corps and federal government had argued they were immune from claims that the Mississippi River-Gulf Outlet caused the damage to the Lower 9th Ward, eastern New Orleans and St. Bernard Parish. But U.S. District Judge Stanwood Duval refused to throw out a suit claiming that floods in those areas were caused by defects the Corps had known about for decades. There is no way to tell at this point that every decision about the waterway commonly called the "Mr. Go" were based in "social, economic or political policy," which would exempt them from lawsuits, Duval wrote. For full article, visit: http://www.wwltv.com/local/stories/wwl020207tpmrgo.44199911.html

U.S. Army Corps of Engineers Provides Locations of Unacceptably Maintained Levees

Contact: Walter (Pete) Pierce, US Army Corps of Engineers – News Release – February 1, 2007 After completing its notification of levee owners, the U.S. Army Corps of Engineers today released the locations of the levee units nationwide with unacceptable maintenance inspection ratings. An unacceptable maintenance rating means a levee has one or more deficient conditions that can reasonably be foreseen to prevent the project from functioning as designed. Examples of maintenance deficiencies include: animal burrows, erosion, tree growth, movement of floodwalls or faulty culvert conditions. "Levee safety is a shared responsibility with our local, state and other federal partners," said Maj. Gen. Don T. Riley, Director of Civil Works. "We considered it prudent and proper to speak directly with levee owners prior to releasing the information to national media outlets. "Our ultimate goals are reduced risk and increased public safety through an informed public, empowered to take responsibility for its safety. We are working closely with federal, state and local partners to inform the public so they understand the risks associated with living and working behind levees. This is best accomplished at the local level where levee activity most directly impacts the public," said Riley. For full news release, visit: http://www.hq.usace.army.mil/cepa/releases/leveesafety.htm

Federal and State Regulators Take Unified Approach to Projects Requiring Stream Mitigation

Army Corps of Engineers – News Release – January 18, 2007 Public comment sought: In an effort to streamline the process for assessing impacts and determining appropriate mitigation for Virginia’s streams, the U.S. Army Corps of Engineers’ Norfolk District and the Virginia Department for Environmental Quality have jointly developed the Unified Stream Methodology (USM).  Starting Feb. 1, 2007, this new methodology will replace the separate methodology each agency has used previously. Stream impacts are construction activities that alter the natural state of a stream, including putting fill material in a stream, dredging or excavating a stream channel or altering a stream channel.  Before this methodology was developed, a stream impact from one project could result in two separate mitigation requirements by the two agencies.  The goal of the USM is to have one set of mitigation requirements from both agencies for each project. Copies of the public notice can be located on the Norfolk District’s web site at: http://www.nao.usace.army.mil/Technical%20Services/Regulatory%20Branch/USM.asp or on the DEQ web site at http://www.deq.virginia.gov/wetlands/homepage.html

EPA Commits $10 Million to Protect the Nation's Beaches

Contact: John Wathen  -- EPA Press Release – January 9, 2007 Thirty states and five territories will share $10 million in grants for beach water-quality monitoring and public notification programs, the U.S. Environmental Protection Agency announced today. Beach water-quality monitoring helps local authorities identify what steps to take to reduce pollution and can lead to advisories or closures when bacteria concentrations reach unhealthy levels. The grant amount is based on the length of the beach season, miles of beaches and number of beachgoers. All 35 coastal and Great Lakes states and territories maintain monitoring programs using the EPA funding. "The Bush Administration is committed to keeping America's beaches and Great Lakes shores clean and healthy," said EPA Assistant Administrator for Water Benjamin H. Grumbles. "By improving water quality and informing beachgoers, EPA is helping States and communities protect public health and coastal ecosystems and economies." For full story, visit: http://yosemite.epa.gov/opa/admpress.nsf/27166bca9a9490ee852570180055e350/bcff12ffca5148b88525725e00681e1f!OpenDocument   For additional information, go to: http://www.epa.gov/waterscience/beaches/grants/

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LEGISLATIVE NEWS

New Bill Introduced for Expanded Tax Incentive for Conservation Easements

Senator Max Baucus (D-MT) introduced S. 469, a bill that would make the newly expanded tax incentive for conservation easement donations permanent. Senator Charles Grassley (R-IA) co-sponsored the bill. Recently, President Bush released his FY 2008 budget - and it, too, will include a provision to make the tax incentive permanent. See the Cooperative Conservation Task Force's latest news release at: http://www.lta.org/publicpolicy/cc_january07_news.pdf  The tax incentive for conservation easement donations was passed by Congress in late 2006. This incentive:

Raises the deduction a landowner can take for donating a conservation easement from 30% of their income in any year to 50%; Allows qualifying farmers and ranchers to deduct up to 100% of their income; and Extends the carry-forward period for a donor to take tax deductions for a voluntary conservation agreement from 5 to 15 years.

Currently, the 2006 law will expire at the end of this year. S. 469 would prevent that, and permanently ensure donations of conservation easements are a possibility for modest income level landowners. For more information, visit: http://www.lta.org/publicpolicy/tax_incentives_updates.htm

More Than $2.1 Billion Requested by President Bush for U.S. Fish and Wildlife Service in 2008 Budget

Contact: Joshua Winchell – US Fish & Wildlife Service News Release – February 5, 2007 The President's FY 2008 budget request of $1.287 billion in discretionary appropriations for the U.S. Fish and Wildlife Service supports a range of important conservation initiatives, including efforts to improve our nation's native fisheries and assist landowners who volunteer to manage their property for the benefit of imperiled wildlife. The budget includes an additional $859.4 million available under permanent appropriations, most of which will be provided directly to states for fish and wildlife and restoration and conservation. "The Service conserves our nation's fish, wildlife and plants on behalf of the American people, using the best science and working cooperatively with government, organizations and individuals at all levels," said Fish and Wildlife Service Director H. Dale Hall. "The agency is committed to achieving long-range conservation goals that will ensure a future for the wild resources we all value so much. Working with conservation partners from a broad range of interests helps us better accomplish our mission." For full release, visit: http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=9314B6C3-DA4F-7BF8-B5C42AE365375C27

Clean Energy Bill Passed in the House; White House Issues Statement on Bill

CSO Weekly Report – Coastal States Organization – January 22, 2007 Last week, the House voted 264 to 163 to roll back two tax breaks and force oil and gas companies to renegotiate royalty-free leases.  The bill (H.R. 6), the "CLEAN Energy Act of 2007", would raise $14 billion over the next decade that would be used to establish a new fund and budget account to invest in clean, renewable energy and energy efficiency.   The bill is intended to correct problems with certain royalty-free offshore lease contracts issued in 1998 and 1999 in the Gulf of Mexico.  After the vote, Senate Energy Chairman Jeff Bingaman (D-NM) said he has asked that the House bill be placed directly on the Senate calendar, so that it could be brought up at any time.  Prior to the House passing the bill the White House issued an official Statement of Administration Policy (SAP) on the bill.  The White House came out against several tax and royalty provisions in House energy legislation, warning that the measure as written could delay future oil and natural gas lease sales.  Also drawing criticism were provisions that would pressure Gulf of Mexico producers to renegotiate flawed 1998 and 1999 leases.  To view the SAP in detail visit the White House website at http://www.whitehouse.gov/omb/legislative/sap/110-1/hr6sap-h.pdf   To read the full press release inside the CSO Weekly Report, visit: http://www.coastalstates.org/documents/pubs/weekly/2007/The%20CSO%20Weekly%20Report%201.22.07.pdf

Wetlands Loan Act is Reintroduced in Congress