Melinda Kassen

February 7, 2020

Who Will Protect Our Nation’s Wetlands and Streams Now?

A look back at why EPA’s rollback doesn’t hold water

In January, the administration released its final new rule establishing the reach of the Clean Water Act. If this rule survives court challenges, the landmark federal law protecting our nation’s water from polluting activities will cover fewer waterbodies than at any time since 1972.

The new rule will not safeguard wetlands unless they are adjacent to a river, removing protections for the many wetlands supplied by underground source water, such as the prairie potholes of the upper Midwest, high mountain fens, and the playas of the southern plains. The new rule will also not protect “ephemeral” streams, which flow only after rainstorms.

Photo: USFWS Mountain-Prairie via Flickr
The Backstory

The 1972 Clean Water Act responded to catastrophic pollution in the 1950s and 1960s, like the Cuyahoga River burning and Lake Erie being declared “dead.” The law replaced a 1965 federal statute that had given states the lead in fighting water pollution. While states are closer to problems and know the local value of a waterbody better than a federal agency in Washington, D.C., states simply did not have the resources or political will to stop the powerful interests responsible for the most damaging pollution.

So, Congress imposed a comprehensive framework to clean up America’s waters. The newly created Environmental Protection Agency and the U.S. Army Corps of Engineers became the first line of defense by policing activities that discharged pollutants to rivers, streams and wetlands, although states were given the option to assume these permit programs if they could demonstrate they had the resources to do so. Meanwhile, states continue to set water quality standards, subject to federal approval, for their rivers, streams, and lakes, while the EPA established nation-wide “technology” standards on an industry-by-industry basis.

Finally, to ensure all parties had incentives to work towards better water quality, Congress appropriated billions of dollars to states for revolving funds to make loans to local governments for the construction of modern wastewater treatment facilities.

Over the decades, this strategy proved spectacularly effective. Our waters are substantially cleaner that in 1970 thanks to the Clean Water Act.

To be sure, every state still has its list of “impaired” waters, most of which are polluted by runoff from agriculture, abandoned mines, or urban development. The law requires states to adopt plans that move these waters towards better quality. Congress provides Section 319 funding to incentivize the implementation of measures that can minimize or eliminate polluted runoff.

Photo: Bryant Olsen via Flickr
Looking Ahead

Why is this history important? EPA and the Corps of Engineers argue that their decision to stop protecting many streams and over half of the country’s remaining wetlands is justified because states can and should have this responsibility. They assert this rationale while acknowledging that states currently have neither the programs nor the funds to protect all these waters, especially without the substantial federal investment of the last 48 years.

The federal agencies claim that if these water resources are truly important, states will pass legislation to create new programs and impose the new taxes or fees needed to support them, so that they protect their no-longer federally protected waters and wetlands. And if states don’t, then too bad.

“Too bad” is not responsible clean water policy. Congress acted in 1972 for a reason.

The EPA’s rollback gives the nation a choice: do we really want to lose the clean water gains of the last half century, standing by as activities pollute or destroy the wetlands that support the country’s waterfowl, the headwaters streams that nurture our trout and salmon, and the desert washes that sustain entire communities?

If not, hunters, anglers, and everyone who values these precious water resources will need to organize a massive grassroots campaign. Either we must convince Congress to clarify that the Clean Water Act is intended to protect these water resources or—if Congress refuses to act—we must work to ensure all 50 states have the resources and political will to take over this awesome responsibility.

Failure can simply not be an option.

 

Top photo: BLM Oregon via Flickr

9 Responses to “Who Will Protect Our Nation’s Wetlands and Streams Now?”

  1. Brian Carroll

    This is a short sighted and obviously political move by the administration, bowing to special interests with clout and money who seek personal gain, regardless of the consequences. The downstream effects of this ruling will be catastrophic in many cases irreversible, perpetrated by those who think their personal interests outweigh those of the greater public.

  2. George Bogenschutz

    States such as S.Dakota whose primary industry is agriculture will NEVER have the political will or courage to really address pure water issues because to do so would be political suicide in confronting the ag community – this is the reality. Only the feds can make a difference and if the courts don’t stop this rollback then we are headed back to the seventies!

  3. Virgil Jones

    Sadly, if we are counting on “The Feds” to do anything contrary to what the autocrat who currently occupies 1600 Pennsylvania Avenue. Drum roll!!!! We’re out of luck! All of the sportsmen and NRA members who voted for that residency just might need to examine where your true heart lies. Mine does not lie in a fracking field, polluted Bristal Bay nor durty water. We need to wake up!

  4. Another example of the Trump administration’s all out assault on the air, land, water, and wildlife of America. By the time they are done with their destructive actions our country’s wonderful natural resources will be in shambles. If you are a person who spends time in outdoor activities you can kiss them goodbye, because this administration does not care. Every person in America that cares about our air, land, water, and wildlife must vote for politicians who will protect and defend our resources.

  5. If we expect change, it’s up to us. No matter how bitter the pill we need to replace the current occupant of the White House(our house) with someone who cares more about the shape of things for us and the world we live in and less about his personal profits. That’s it folks, simple as that…VOTE in November.

  6. Jerry Burke

    Any thought that my state would take up slack in Federal protection of streams is a pipe dream. Prior to 1972 the river I grew up alongside was destroyed by acid mine drainage and the native brook trout creek of my youth was ruined forever timbering roads built-right in the stream bed. In recent time, the wild rainbow trout stream where I was a riparian owner for 37 years was badly damaged by effluent from a state trout rearing facility and sediment resulting from Div. of Highways uncaring maintenance of road ditches and culverts. Right now stone is being mined from S. Branch Potomac River in Petersburg, WV .Some claim this is under direction of Corps of Engineers to deepen channel above a highway bridge and along a flood protection wall. This “project” has been under way about a year and a half , appearing to be without supervision, creating a horrible eyesore and a continuing source of sediment for downstream. State Dept. Environmental Protection is aware but apparently doing noting. State interes and protection of streams; are you kidding?

  7. Joshua Martz

    While I am not in favor of the rescinding of the rule, I do feel that we as conservation minded individuals have blown a bit our of proportion. For starters, the second sentence of this article is entirely disingenuous as protections have been the same since 1972 aside from the rule put in place in 2015 (so its been different for 4 years). One problem with the last rule was that the majority of isolated wetlands were exempt anyways to due to lack of any evidential ground water influence. Additionally it included roadside ditches as jurisdictional waterways, which im my opinion should not be under the jurisdiction of the ACOE. I will not argue that roadside ditches, for the majority, do in fact make there way to some sort of legitimate waterway, but the primary pollution from these sources are from highway salting, brake dust, and tire debris – none of which are restricted or are hardly regulated. Existing agriculture was also exempted and therefore is also not a valid argument. If anything the last rule itself did not provide as much protection as it initially intended therefore redefining it may very well create opportunities for citizens of each state to demand higher protections for there waterways. I do not feel it should be the requirement of the federal government to take a stand for the people, instead we should be the ones taking a stand for ourselves.

  8. Daniel O'Brien

    The Clean Water Act must remain the way it’s supposed to be because we cannot allow it to become dirty because that is not safe and it will make us and other animals sick and kill us which is why we must remove Trump and his administration of death.

Do you have any thoughts on this post?

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Andrew Earl

February 6, 2020

A CLEAR Solution to Nutrient Loading

This Farm Bill-funded program boosts habitat and addresses a watershed-wide problem 

The 2019 planting year was historic—but unfortunately not in the way that many American farmers would like to remember. Unseasonably wet conditions prevented planting on nearly 20 million acres of corn, soybean, and wheat crops, among others, doubling the previous record of 9.6 million acres in 2011. The yearly average is typically between 3-4 million acres.     

Last spring’s deluge caused at least $3 billion in damages to the heartland and brought shipping on the Mississippi to a halt.  The resulting erosion, sediment loss and nutrient runoff carried ecological impacts stretching across thousands of miles. As rain continued to fall in the Missouri and Mississippi River basinsrising waters eroded soils and washed downstream millions of tons of nutrient fertilizer and organic matter from agriculturally productive land. Locally, the depletion of these substances results in reduced crop yields, and when this material reaches the ocean it can be devastating to marine health. 

But thanks to the Farm Bill, there’s a new initiative that will aid in addressing this challenge while both improving water quality and establishing healthy habitat for the birds and game animals that hunters love to chase. 

A Growing Problem

Each year, nutrient runoff in the midwestern United States flows downstream and eventually into the Gulf of Mexico. The sudden but predictable heightened levels of nitrates and phosphorus result in algae blooms which then decompose and deoxygenate the water tablekilling phytoplankton and fish at the base of the aquatic food-chain. The Gulf of Mexico hypoxia or “dead zone is not the only one in the United States, but it is one of the largest recurring in the world. In 2019, the Gulf dead zone covered 6,952 square miles off the coasts of Louisiana and Texas—the eighth largest on record. Each year, the dead zone dissipates as air and water temperatures drop but swells again in spring.  

The Mississippi River/Gulf of Mexico Hypoxia Task Force (HTF) is comprised of tribal, state and federal officials that coordinate nutrient reduction efforts from both point (wastewater) and non-point (agricultural) sources up and down the Mississippi River basin. The task force is working towards an ambitious goal of reducing the average size of the Gulf dead zone to 1,800 square miles by the year 2035. A problem of such significant scope does not offer a silver bullet solution, and meeting reduction targets requires a full state and federal toolkit. 

A CLEAR Solution

One key mechanism to address non-point source nutrient loading was codified in the 2018 Farm Bill. The Clean Lakes, Estuaries and Rivers (CLEAR) initiative builds on the existing continuousConservation Reserve Program (CRP) to target nutrient and sediment runoff and improve the water quality benefits of existing conservation practices. The CRP incentivizes landowners to retire marginal cropland for a period of 10-15 years and establish vegetative covers that offer a benefit to soil, water, and wildlife habitat—premium for deer, upland bird, and waterfowl hunting. The 2018 bill further required that 40% of continuous-CRP acreage be enrolled via CLEAR, and in order to track the long-term benefit of such practices established a pilot program (CLEAR 30) offering 30-year CLEAR contracts.

Former USDA Secretary Tom Vilsack oversaw the creation of CLEAR by the USDA in 2016. According to Vilsack, the installation of CLEAR practices such as duck nesting habitat, riparian buffers, contour grasses, and prairie strips can reduce nitrate runoff by up to 40% more than traditional conservation practices. Since its establishment in 1985, the CRP has grown to be one of the USDA’s most powerful tools in curbing nutrient lossreducing nitrogen and phosphorus runoff by a combined 650 million pounds in Fiscal Year 2014 alone. CLEAR has potential to demonstrably increase that benefit. 

As the USDA Farm Service Agency moves ahead with implementing the 2018 bill, the TRCP and our partner organizations are actively engaged in providing feedback to ensure that programs like CLEAR are implemented to achieve the greatest benefit to wildlife. The sum of these efforts will be critical in addressing some of our greatest conservation challenges like the Gulf’s dead zone.   

For more information on the Conservation Reserve Program, visit crpworks.org.

 

Top photo: Jeff Weese via Flickr

Marnee Banks

February 5, 2020

U.S. House Passes Bill to Continue Historic Chesapeake Bay Restoration

Support for this legislation is a critical step forward for hunters and anglers in America’s largest estuary

The U.S. House of Representatives today passed legislation that preserves the economic and recreational value of the Chesapeake Bay.

The bipartisan Chesapeake Bay Program Reauthorization Act (H.R. 1620) fully funds the EPA’s Chesapeake Bay Program by authorizing $455 million over the next five years. This program hasn’t been formally authorized since 2005, so this legislation will provide much-needed certainty to state, federal, and nonprofit partners working to restore the water quality of the Bay and its tributaries.

“The Chesapeake Bay is the iconic home to incredible fisheries, migrating waterfowl, and powerful economic opportunity, and some of the best hunting and fishing around,” said Steve Kline, chief policy officer of the Theodore Roosevelt Conservation Partnership. “Sportsmen and women want to thank Congresswoman Elaine Luria and the cosponsors of this legislation for their work ensuring that Bay watershed states can keep working together to brighten the future of the Chesapeake.”

The Chesapeake Bay Program Reauthorization Act is also part of the America’s Conservation Enhancement Act (ACE Act) which was passed by the Senate unanimously in January.  In addition to the Bay provisions, the ACE Act includes a host of fish and wildlife conservation priorities and House floor passage of the ACE Act represents the clearest way for these key legislative efforts to get to the President’s desk. We urge the House to pass the ACE Act, which also:

  • Reauthorizes the North American Wetlands Conservation Act at $60 million annually through Fiscal Year 2025. The Act has improved over 30 million acres of wetlands, making it one of the nation’s most effective voluntary conservation programs.
  • Establishes a U.S. Fish & Wildlife Service-led task force to address the spread of chronic wasting disease.
  • Codifies the National Fish Habitat Partnership. Since 2006, the Partnership has overseen over 840 projects to benefit fish habitat and populations.

Guest Blogger Jon Andrew

January 31, 2020

Sea Grass is the Key

An effort by the Angler Action Foundation and the state of Florida to restore essential fish habitat in southwest Florida will pay dividends for the health of its coast and the Everglades

Every coastal angler worth his or her salt is familiar with the importance of sea grass beds. Sea grass meadows are great places to target species like speckled sea trout from spring through fall. Up to 70% of the species desired by anglers, including tarpon, grouper, redfish, and many more, spend some part of their life cycle in this habitat.

It is estimated that healthy sea grass beds contribute more than $20 billion a year to the Florida economy by providing habitat for commercial and sport fisheries, reducing erosion and impacts of storm events, while also sequestering carbon at a rate of 1,200 lbs/year. By any measure, healthy sea grass meadows play an critical ecological and economic role in Florida and around the world. No surprise then, that the significant loss of sea grass beds in coastal Florida has been a serious concern for many.

The Caloosahatchee Estuary on Florida’s southwest coast has suffered from poor water quality.  In addition, increased salinity levels followed by rapid fluctuations in salinity over sustained periods resulted in the loss of up to 1,200 acres of sea grass beds.  Major losses occurred some 15 years ago from which the sea grass has been unable to recover on its own.

An ambitious project began in 2018 under the direction of the Angler Action Foundation. AAF’s mission is to improve angler access, fisheries science, and marine habitat through collaborative research, education, and conservation programs. Funding for the first phase of the work was provided by Florida’s Department of Environmental Protection, and the leadership of State Senator Kathleen Passidomo and State Representative Heather Fitzenhagen were key to seeing the project receive the necessary support.

Restoration specialists at Sea and Shoreline based in Ruskin, Florida, have led the effort and a third-party ecological assessment of the project is being managed by Johnson Engineering in Fort Meyers and Florida Gulf Coast University.

In late 2018, approximately 20 acres of tape grass and widgeon grass were planted in areas that had been decimated by excessive freshwater releases from Lake Okeechobee. Widgeon grass was selected for its ability to pioneer new habitat and tolerate a wide range of salinity.  Tape grass, also known as eelgrass or wild celery, is more tolerant of freshwater than other grasses. Planting these two species will provide some insurance that sea grass beds will establish themselves and remain intact under widely varying salinity levels.

Sea grass plantings were protected by wire-mesh exclosures to protect them form turtles and manatees, thus allowing the plants to take root. Initial surveys indicate very high survival rate, with up to 95% of the plantings thriving and producing seeds and rhizomes that will disperse and hopefully establish themselves in adjacent areas, resulting in a self sustaining sea grass meadow.

Future plans are to expand the footprint of the planted areas and continue to monitor the project’s progress. It is hoped the same methods can be used in other parts of Florida such as the Indian River Lagoon, which has also suffered devastating losses of sea grass habitat.

All in all, the Caloosahatchee planting project promises to reverse one of the more serious threats to Florida’s coastal health and is a key part of restoring the Everglades. Anglers should be encouraged that returning sea grass meadows will ensure that sea trout, tarpon, and redfish populations remain strong for future generations of sportsmen and women.

 

All photos courtesy of Sea and Shoreline

Marnee Banks

January 23, 2020

Conservation Groups Call on U.S. House to Pass ACE Act

The bipartisan legislation will address growing challenges to species and habitat health

More than 50 conservation groups are banding together and calling on the U.S. House of Representatives to pass bipartisan legislation that invests in wetlands, fisheries, chronic wasting disease research, and the Chesapeake Bay.

In early January, the Senate passed the America’s Conservation Enhancement Act or ACE Act (H.R. 925), and now a coalition of hunting, fishing, and outdoor recreation groups are asking the House to follow suit.

“Passage of the America’s Conservation Enhancement Act will not only have wide-ranging ecological benefits but will facilitate outdoor recreation on behalf of millions of Americans, strengthening conservation funding streams for years to come,” said the groups.

The coalition is asking the House to take up the legislation as passed by the Senate and make no changes.

The ACE Act:

  • Reauthorizes the North American Wetlands Conservation Act at $60M annually through Fiscal Year 2025. The Act has improved over 30 million acres of wetlands, making it one of the nation’s most effective voluntary conservation programs.
  • Establishes a U.S. Fish & Wildlife Service-led task force to address the spread of chronic wasting disease.
  • Codifies the National Fish Habitat Partnership. Since 2006, the Partnership has overseen over 840 projects to benefit fish habitat and populations.
  • Reauthorizes the Chesapeake Bay Program at $90M through Fiscal Year 2025.

The coalition’s letter to the House is available HERE.

HOW YOU CAN HELP

WHAT WILL FEWER HUNTERS MEAN FOR CONSERVATION?

The precipitous drop in hunter participation should be a call to action for all sportsmen and women, because it will have a significant ripple effect on key conservation funding models.

Learn More
Subscribe

You have Successfully Subscribed!

You have Successfully Subscribed!

You have Successfully Subscribed!