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---

·	Reminder: Call for Papers—Wetlands 2007
·	Corps of Engineers Revises and Renews Nationwide Permits
·	San Francisco Baykeeper v. Cargill Salt: Court Finds no CWA Jurisdiction for Salt Ponds
·	Six Wetland Stewards Win 2007 National Wetlands Awards -- ASWM Dir. and Board Mmbr.
·	Hydrological Connectivity of Headwaters to Downstream Waters

---NATIONAL NEWS---

·	U.S. EPA approves California’s list of 686 polluted waters; more are proposed
·	700 Acres of Puerto Rico Wetlands Will Be Preserved Forever, Thanks to EPA
·	Underfunding Cripples U.S. National Wildlife Refuge System
·	New EPA Guidance to Assist State and EPA Regional Underground Injection Control Programs
·	Mercury Contamination of Fish Warrants Worldwide Public Warning
·	Partners Submit Record Number of NAWCA Proposals

---LEGISLATIVE NEWS---

·	House Approves Great Lakes Restoration Bill
·	House Passes Water Quality Financing Act With Wage Protection
·	Bush-Cheney Administration Issues Polar Bear Gag Order
·	Senators Clinton and Levin introduce Great Lakes Collaboration Implementation Act
·	House Creates Global Warming Committee
·	Budget Appropriations for 2007

--- STATE NEWS---  

·	MD: Green Fund proposal in flux due to objections
·	WA: Pacific Topsoils fined $88,000 for wetland fill near Everett
·	MD: Proposed oyster hatchery expansion in spotlight
·	NY: Underwater Siege: Flooding Near Homes Along a Bog
·	VA: Wetlands board orders removal of bulkhead
·	WA: Commissioners Reject Appeal, Clear Widening Project for Southworth Drive
·	FL: Mind more mining? County juggling phosphate with growth plans
·	CA: Group uses credit system to protect vernal pools
·	NH; Get Angry, Hollis; Reject Zoning Change - Editorial
·	MA: Draft Great Marsh Coastal Wetlands Restoration Plan
·	IN: Wetlands project a work in progress
·	MI: Public Comment Sought on Proposed “Beach Grooming” Permits, Coastal Wetlands
·	TN: Wetlands Protected in West Tennessee
·	MS: Part three: Atchafalaya success holds lessons for restoring wetlands
·	MD: Luring Support for Bay Initiative
·	KS: Local Ducks Unlimited chapter raises money for wetlands
·	CT: Fire District Seeks Wetlands Approval for Work on River
·	TX: How to start plants in wetlands, treatment basins: Bulletin shows best ways
·	WA: Managing our Water Successfully; Several Reports Released by Dept. of Ecology
·	CA: Seeing the wetlands for the trees
·	CT: Wetlands officials take first look at plaza plan
·	AK: NovaGold's Rock Creek Permit To Be Reinstated
·	MN: $2 million grant awarded for wetlands center expansion
·	NC: County may restore wetlands
·	IN: Proposed Bill in State Legislature for Wetland Application Fees

---RESOURCES AND PUBLICATIONS---

·	Draft National Coastal Condition Report III Open for Comment Period
·	Federation of Fly Fishers wild steelhead publication, The Osprey, celebrates 20 years
·	New Online Catalog of Conservation Science Tools Available
·	Characteristic Ohio Plant Species for Wetland Restoration Technical Report

---POTPOURRI---

·	Water Controls Expensive, Affect Private Property
·	Heralding the Ospreys’ Return
·	Public Comment Period for Great Lakes Draft Regional Water Conservation Objectives
·	Great Lakes Protection Fund Seeks Proposals
·	Interior Seeks Nominations for a Committee on Wildlife Impacts of Wind Turbines
·	2007 PREISM Competitive Award Program
·	Rachel Carson Book Club Begins in March; Project of USFWS
·	Robotic Cameras Join Search for Elusive Woodpecker
·	2007 Environmental Stewardship Awards Program Seeks Nominations

---JOB OPENINGS---

·	Global Climate Change Research Position
·	Marsh Bird Research Assistant
·	Director, Tropical Forests and Climate Initiative, Union of Concerned Scientists
·	GIS Statistical Analyst or PostDoc -- University of Florida
·	EPA Internship
·	Internship: Ecosystem impacts of introduced Chinese mystery snails
·	Ecologist Position with Earth Dimensions, Inc. (New 3-21-07)
·	Endangered Species Review Assistant (New 3-21-07)

---MEETINGS AND TRAINING---

·	USGS Talk on Hindcasting of Estuarine Bathymetric Change Model
·	Western Lake Erie Conference
·	Atlanta GA MS4 Stormwater Workshop
·	2007 National Mitigation & Conservation Banking Conference
·	Climate and Riparian Areas Workshop
·	Long Island Sound Study’s Watershed and Buffers Municipal Assistance Conference
·	Registration Date Change: 2007 Southeastern Wetlands Data Users Workshop
·	AWRA 43rd Annual Water Resources Conference Call for Papers
·	International Conference on Environmental Science and Technology 2007 (ICEST2007)
·	Land Conservation Rally 2007:  New Frontiers of Conservation
·	Sclerochronology Conference
·	Wetland Training Courses
·	Mid-Atlantic Stream Restoration Conference 2007: Call for Abstracts
·	Eastern Regional Wetland Restoration Institute September 9-14, 2007 (New 3-20-07)
·	University of Michigan Biological Station offers two wetland courses -- June 23 - August 18, 2007 Summer Session (New 3-20-07)
·	Toast to the Coast (New 3-20-07)
·	America's WETLAND Conservation Corps Training March 22, 2007 (New 3-20-07)

Return to Top of Page

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

EDITOR'S NOTE

Dear Friends and Colleagues,

Daylight savings advanced our clocks three weeks early—and I am glad that the spring birds have not returned before winter is really over. Last weekend I traveled to New Haven, CT, and overheard a conversation between a couple who sat behind me on the train as we sped through the coastal town of Old Saybrook. The man was asking his female companion whether the wetland we passed was technically called a “bog” or a “marsh;” it was tidal marsh.  Later I enjoyed a nice walk on a sunny beach in Old Saybrook with a friend, who found a live hermit crab in its tiny shell house on the wet sand and tossed it back into the ocean. Slipper shells, razor clams and a lone horseshoe crab shell decorated the water line from the higher waves earlier in the day. This month ASWM prepares for its winter meeting, a State-Tribal-Federal Coordination Workshop to focus on the theme of the Clean Water Act: Applying Sound Science to Address Program Revisions, which will be held in West Virginia in late March. One of the main topics for discussion will be opportunities to restore, protect and enhance wetlands through improved programs and stronger partnerships. Special thanks to this edition’s contributors: John Mack, Ohio EPA; Jim Murphy, Wetlands and Water Resources Counsel, NWF; Liz Elverson, Indiana Department of Environmental Management; Glenda Booth, Fairfax County Wetlands Board, Virginia. ASWM has a new online format for submitting news items, posting events and job listings. To submit a news item, post an event or job listing, please use the following links: Events:  http://www.aswm.org/wbn/post_event_07.htm News: http://www.aswm.org/wbn/post_news_item_07.htm Jobs: http://www.aswm.org/wbn/post_job_07.htm Thank you.  Happy Spring! Leah Stetson Editor, Wetland Breaking News

Return to Top of Page


EDITOR'S CHOICE

Reminder: Call for Papers—Wetlands 2007

August 27, 2007  Field Trips & Workshops August 28-30 at Colonial Williamsburg Lodge and Conference Center, Williamsburg, Virginia The Association of State Wetland Managers, Inc., Virginia Department of Environmental Quality, Virginia Institute of Marine Science, Virginia Marine Resources Commission, and Virginia Tech invite you to submit a paper for Wetlands 2007. This national symposium will examine scientific, legal and management tools available to assess, sustain and improve the ecological and social services provided by wetlands and related water resources. The purpose of this symposium is to identify opportunities and integrated strategies for protecting and restoring headwater wetlands, streams as well as larger waterways and coastal resources. The loss of the services provided by these aquatic resources results in threats to human health and safety, and higher costs for drinking water, storm water control, flood protection and recreation.  Plans are underway for three field trips, one tour of historical Jamestown, incorporating wetlands, and two visits to local wetland restoration sites. More information will become available on the conference website, http://www.aswm.org/calendar/wetlands2007/wetlands2007.htm Dedicated Sessions:  The symposium will include both plenary sessions, concurrent sessions including special symposia.  If your organization is interested in organizing a dedicated session, please contact Jeanne Christie at jeanne.christie@aswm.org  or (207) 892-3399. For a list of topics of the dedicated sessions, go to: http://www.aswm.org/calendar/wetlands2007/wetlands2007.htm#3 CALL FOR PAPERS:  The Call for Papers is now posted at http://www.aswm.org/calendar/wetlands2007/cfp.htm  Deadline for submitting an abstract is March 30, 2007. Topics and submission guidelines are at the above link. Sponsors and Cooperating Parties:  Organizations, agencies, private and nonprofit organizations are invited to become a sponsor or cooperating party supporting Wetlands 2007. There are many ways to support the conference. If interested, please contact Jeanne Christie at (207) 892-3399 or jeanne.christie@aswm.org  Thank you for your support and interest!

Corps of Engineers Revises and Renews Nationwide Permits

Contact: David Hewitt -- Army Corps of Engineers News Release – March 9, 2007 The U.S. Army Corps of Engineers has revised and renewed the nationwide permits for regulating work in wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The new nationwide permits are to be published in the Federal Register on March 12 and take effect on March 19, 2007. "We have simplified the language of the new nationwide permits to provide clarity and certainty," John Paul Woodley Jr., Assistant Secretary of the Army (Civil Works), said. "While we will improve regulatory efficiency, we will also sustain essential levels of environmental protection." The nationwide permits authorize activities that are similar in nature and cause only minimal adverse environmental impacts individually or cumulatively. Activities ranges from work associated with aids to navigation and utility lines to Coast Guard-approved bridges and cleanup of hazardous and toxic wastes. "We went through the rulemaking process," Mr. Woodley said, "and we benefited from the comments of the many stakeholders and other agencies during the public review." For the full press release, go to: http://www.hq.usace.army.mil/cepa/releases/nwpermits.htm  Information about the nationwide permits can be found at http://www.usace.army.mil/cw/cecwo/reg/citizen.htm For a direct link to the Nationwide Permits as published in the Federal Register on March 12, 2007, go to: http://www.usace.army.mil/cw/cecwo/reg/nwp/nwp_2007_final.pdf  For a related news story, go to: http://seattletimes.nwsource.com:80/html/nationworld/2003611173_wetland10.html

San Francisco Baykeeper v. Cargill Salt: Court Finds no CWA Jurisdiction for Salt Ponds

By Jim Murphy, NWF – March 9, 2007 San Francisco Baykeeper et al. v. Cargill Salt Division et al., Nos. 04-17554 and 05-15051 (9th Cir. March 8, 2007).In a case that involved dumping of salt production waste by Cargill into a pond directly next to Mowry Slough, which directly connects to the San Francisco Bay, the United States Court of Appeals for the Ninth Circuit ruled that only adjacent wetlands - not waterbodies - are protected by the Clean Water Act.  The decision, in passing and without explanation, references that Justice Kennedy's opinion in Rapanos v. United States is the controlling opinion for that decision. In reaching its decision, the court focused on deference to agencies and the fact that agency regulations only explicitly mention regulation of adjacent "wetlands" and do not state that other water bodies are protected because of adjacency.  In analyzing the applicability of the Rapanos decision, the court stated that Rapanos only concerned wetlands and "[n]o justice, even in dictum, addressed the question whether all waterbodies with a significant nexus to navigable waters are covered by the act."   Slip Op. at 2679.  The court went on to rule "that nothing in Bayview, SWANCC, or Rapanos requires or supports the view that Cargill's Pond is a water of the United States because it is adjacent to Mowry Slough."Id.  In dicta, the court then addressed the merits of San Francisco Baykeeper's argument that the pond did indeed have a "significant nexus" to the slough. Relying mostly on the lack of direct evidence that the pond pollutes the slough, the court stated that "[b]y any permissible view of the evidence, the effect of Cargill's pond on Mowry Slough is speculative or insubstantial."  Id. at 2680.   The court also found that the evidence did not support a finding that other regulations could form a basis for jurisdiction, ruling that "[the lower court] did not point to any evidence, and we have found none, that liquid or matter from the Pond has flowed or will flow to the Slough or its wetlands (a factual predicate for tributary jurisdiction).  Nor did the district court base its ruling on the fact that Cargill's discharge of pollutants into the Pond 'could affect interstate or foreign commerce.'"  Id. at 2682-3. For access to the complete opinion, visit: http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CDA448EC67C9D576882572970081A142/$file/0417554.pdf?openelement

Six Wetland Stewards Win 2007 National Wetlands Awards – Including ASWM Dir. and Board Mmbr.

Contact: Jared Thompson – Environmental Law Institute News Release – March 6, 2007 Six citizens have been recognized nationally for their on-the-ground wetland conservation efforts and decades-long dedication to protecting these important natural resources.  A diverse panel of wetland experts assembled at the Environmental Law Institute (ELI) earlier this month to select the winners of the 2007 National Wetlands Awards.  This year's Award winners hail from all regions of the country and exemplify the extraordinary commitment and innovation that is so instrumental to conserving wetlands in the Nation's communities. "These wetland champions are restoring and protecting one of America's greatest natural assets through education, conservation, and dedication," said Benjamin H. Grumbles, EPA's Assistant Administrator for Water. "These profiles, both in courage and in stewardship, show us all how to meet the President's national goal of increasing, not simply maintaining, the quantity and quality of our wetlands."  The 2007 awardees are: The Brockway Family, an Iowan family that has enhanced and restored over 250 acres of wetlands on their land; Jeanne Christie, Executive Director of the Association of State Wetland Managers, a national leader in the development of local, state and national wetland programs; Paul Keddy, a wetland ecologist and professor at Southeastern Louisiana University who has developed strategic plans for scientific wetland restoration; Jeff Nania, who as director of the Wisconsin Waterfowl Association has led the restoration of thousands of acres of wetlands; Lynda Saul, Vice Chair of the Association of State Wetland Managers and Wetlands Program Manager at the Montana Department of Environmental Quality, who established the Montana Wetlands Council with over 400 members state-wide; Alice Wellford, a wetlands advocate and community organizer based in Richmond, Virginia.  For more information on these awards and this program, visit: http://www2.eli.org/nwa/nwaprogram.htm

Hydrological Connectivity of Headwaters to Downstream Waters

By Tracie-Lynn Nadeau, Mark C. Rains (2007); Journal of the American Water Resources Association 43 (1), 1–4. This article is an introduction to a series of articles that appeared in last month’s Journal issue on hydrological connectivity of headwaters to downstream waters. For a link to the article, where the other article series can also be found, visit: http://www.blackwell-synergy.com/doi/full/10.1111/j.1752-1688.2007.00001.x  Journal of the American Water Resources Association articles on hydrological connectivity from February 2007 issue: http://www.blackwell-synergy.com/toc/jawr/43/1

Return to Top of Page


NATIONAL NEWS

U.S. EPA approves California’s list of 686 polluted waters; agency proposes adding 28 more to list for clean water plans

Contact: Mark Merchant – EPA Release – March 15, 2007 The U.S. Environmental Protection Agency today announced that it has approved California State Water Resources Control Board’s list of 686 water bodies in the state that do not meet water quality standards. The list – known as the federal Clean Water Act Section 303(d) list – includes bays, estuaries, portions of the ocean, lakes, streams and rivers. The 303(d) list is used by federal, state, and local agencies to set priorities for development of pollution controls and restoration of polluted waters.  The U.S. EPA’s action on this case followed an earlier approval of the state’s submitted list of 686 impaired waters. In this action, the U.S .EPA is adding 36 waters to the list along with additional pollutants for 34 waters already listed by the state, as data indicates pollution problems in those waters. For a direct link to EPA’s webpage on Impaired and Threatened Waters, including California’s 2004-2006 Section 303(d) List, visit & scroll down: http://www.epa.gov:80/region09/water/tmdl/303d.html

700 Acres of Puerto Rico Wetlands Will Be Preserved Forever, Thanks to EPA

NewsBlaze, The Daily News – March 13, 2007 A series of agreements announced today by the U.S. Environmental Protection Agency (EPA) mark a victory for the people and environment of Puerto Rico. The Puerto Rico Land Authority and the Puerto Rico Office of Special Communities have agreed to protect and preserve nearly 700 acres of wetlands critical to Puerto Rico's environment and to pay fines totaling $55,000 for violating the Clean Water Act. The entities were cited by EPA for illegally filling wetlands to build hundreds of improperly constructed homes in an area subject to frequent flooding and unsafe conditions in San Isidro, a barrio of Canovanas. The Municipality of Canovanas also agreed to pay a $25,000 fine for its role in the illegal filling of the San Isidro wetlands. For the full article, visit: http://newsblaze.com/story/20070312140013tsop.nb/newsblaze/TOPSTORY/Top-Stories.html

Underfunding Cripples U.S. National Wildlife Refuge System

ENN – March 12, 2007 In an attempt to cope with a huge budget backlog, the U.S. Fish and Wildlife Service is cutting and redeploying staff in the National Wildlife Refuge System across the Southwest and the Pacific Regions. Reductions in services will impact refuges in Arizona, New Mexico, Oklahoma, Texas, Idaho, Oregon, Washington, Hawaii, Guam and several Pacific islands. As a result of the cuts, environmental education programs for school children will be eliminated, there will be cuts in endangered species recovery programs, habitat management and law enforcement will be diminished. In the face of "increasing operating costs and increasing conservation needs," Chris Pease, chief of National Wildlife Refuges in the Southwest says the region will be eliminating 38 positions over the next three years. For full article, go to: http://www.ens-newswire.com/ens/mar2007/2007-03-12-06.asp

New EPA Guidance to assist State and EPA Regional Underground Injection Control Programs

Water Headlines from EPA’s Office of Water – March 8, 2007 EPA has released final guidance to assist State and EPA Regional UIC Control programs in processing permit applications for pilot and other small scale carbon dioxide (CO2) geologic sequestration projects which capture CO2 from an emission source (e.g., a power plant) and inject it into deep subsurface rock formations for storage. "We are taking the proactive step of releasing early guidance to help ensure that underground injection of CO2 is done in an environmentally responsible manner to protect underground sources of drinking water and public health," said Benjamin H. Grumbles, Assistant Administrator for Water. "The data we collect from pilot projects will help us as we work to develop a long-term management framework for commercial-scale geologic sequestration."   The practice is part of a portfolio of technologies and technical approaches under consideration to reduce greenhouse gas emissions to the atmosphere. EPA is recommending that pilot, and other small geologic sequestration projects designed to test various technologies and assumptions related to the safe and effective injection of CO2, be permitted by the UIC Program as Class V Experimental Technology Wells or as Class II wells where the injection is being conducted to enhance oil and gas recovery.  The guidance will assist UIC Program Directors and permit writers as they evaluate applications for the appropriateness of injection sites, the area of review, well construction, operation, monitoring, and site closure in order to protect underground sources of drinking water and public health. The guidance and more information about geologic sequestration can be found at http://www.epa.gov/safewater/uic/wells_sequestration.html

Mercury contamination of fish warrants worldwide public warning

University of Wisconsin—Madison News Release -- March 8, 2007 Mercury use and emissions pose a serious threat to the health of people, fish and wildlife around the world, according to a declaration by the world’s leading mercury scientists published today in a special issue of the international science journal Ambio. “The Madison Declaration on Mercury Pollution” stems from four expert panels assembled at the Eighth International Conference on Mercury as a Global Pollutant held last August in Madison, Wisconsin.  It presents 33 principal findings from five papers by panel members in the same issue of Ambio that summarize what is now scientifically known about the sources and movement of mercury in the atmosphere, the socioeconomic and health effects of mercury pollution on human populations, and its effects on the world’s fisheries and wildlife. For full story, go to: http://www.news.wisc.edu/13538.html

Partners Submit Record Number of NAWCA Proposals

Playa Post News – March 2, 2007 On March 2, the Playa Lakes Joint Venture (PLJV) expects partners to submit four Standard North American Wetlands Conservation Act (NAWCA) proposals – the most number of proposals that the Joint Venture has ever submitted during a single funding cycle. “This is sort of unusual for the Joint Venture. Partners generally submit one or two proposals every few years.” said PLJV Coordinator Mike Carter. “But we are expecting this trend of submitting one to four proposals every year to continue.” NAWCA projects – which generally put large tracts of land into permanent protection - don’t come easy in the playa lakes region where more than 90 percent of the landscape is private farms and ranches. Most wildlife habitat projects are smaller (less than a few hundred acres, and in many cases only a few dozen) term contracts on working lands, usually garnered through Farm Bill conservation programs. The four proposals slated for submittal in March, if funded, will make a considerable impact on the JV’s conservation goals in Oklahoma, Kansas, Nebraska and Colorado. For more information, visit: http://www.pljv.org/cms/latest-news#Story2  For proposal guidelines and deadlines, visit: http://www.fws.gov/birdhabitat/Grants/NAWCA/Standard/US/Overview.shtm

Return to Top of Page


LEGISLATIVE NEWS

House Approves Great Lakes Restoration Bill

By Tony Iallonardo – Audubon News – March 9, 2007 Decades of dumping raw sewage into the Great Lakes have put them at great risk. We applaud the House of Representatives for approving HR 720 today, which will fund the most critical part of the effort to clean up the Great Lakes. Clean water is essential to public health and the environment, and today’s House action puts us one step closer to cleaning up the mess. For full story, visit: http://www.audubon.org/news/press_releases/GreatLakes_03_09_07.html#TopOfPage

House Passes Water Quality Financing Act With Wage Protection

ENN Release – March 9, 2007 On March 9th in a 303-108 vote, the U.S. House passed the Water Quality Financing Act of 2007. For the first time in 20 years the measure, H.R. 720, will reauthorize the Clean Water State Revolving Funds. This $14 billion dollar reauthorization bill will help improve water quality throughout the United States. It is considered a critical part of the 2005 Great Lakes Regional Collaboration agreement designed to end the flow of wastewater from flowing into the lakes by 2020. For full story, visit: http://www.ens-newswire.com/ens/mar2007/2007-03-09-09.asp For a link to the Act, go to: http://www.govtrack.us/congress/bill.xpd?bill=h110-720

Bush-Cheney Administration I