An Overview for Wetland Conservation & Management
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1 Wetlands Management, Economics & Policy Workshop Victoria, British Columbia, Canada January 15, 2010 United States Wetland Policy An Overview for Wetland Conservation & Management By: Kristy Garnet, M.Sc. P.Biol. AMEC Earth & Environmental
2 Presentation Purpose & Objectives Purpose: Provide information regarding U.S. wetland policy as it relates to wetland management & conservation Objectives: Provide a historic overview of wetland policy Identify & describe the wetland policy implementation process Provide comparisons among U.S. & Canadian wetland policies 2
3 Historic Overview Wetlands & Policy Estimates of wetland area (millions of ha) Pre-settlement 87 (Roe & Ayres 1954) 51 (SCS 1956) 89.5 (Dahl 1990) Mid -1970s 48.2 (Dahl & Johnson 1991) Mid -1980s 41.8 (Dahl & Johnson 1991) Major agent of loss agriculture * U.S. Fish & Wildlife Service 3
4 Historic Overview Wetlands & Policy Wetland drainage Drainage tiles introduced in 1835 Drainage guidelines & seminars late 1800s early 1900s After WWI U.S. government passed out dynamite to farmers Soil Conservation Services (now the NRCS) sanctioned wetland drainage s * Drainage ditches created by blasting in Bath County, KY. *Hi Historical i photos (left ftto right) ht)from Concrete Tile for Land Drainage (Portland Cement Association, 1920); and "Voice of the Farm" (Firestone, 1938). * Photos were adapted from Wetland Drainage, Restoration, and Repair by Thomas Biebighauser 4
5 Historic Overview Wetlands & Policy Wetland science 1970s identified functions & values: Water storage & supply Nutrient cycling (removal, retention & transformation) ti Sediment dynamics (toxicant & pathogen retention) Flood protection & erosion control Commercial Plant & animal habitat Recreation Climate change 5
6 Historic Overview Wetlands & Policy Important wetland policies: Rivers & Harbors Act of 1899 navigation 1967 Fish & Wildlife Coordination Act COE include ecological effects National Environmental Policy of 1969 (NEPA) Convention on Wetlands (1971) Ramsar, Iran 1972 Federal Water Pollution Control (Clean Water- Section 404) Act 1975 NRDC vs. Calloway Interim regulation 1977 Regulation & Congressional Amendments 1979 Civiletti Decision Food Security Act of 1985 (Farm Bill) swampbuster 1985 Riverside vs. Bayview Homes EPA s Migratory Bird Memo 1986 Preamble on Migratory Bird Rule 1988 No Net Loss Enacted 2001 Supreme Court Decision in SWANCC vs. USACE 2003 ANPRM & Rulemaking 2004/2005 GAO Reports 2006 Rapanos & Carabell US Supreme Court 2008 USACE/EPA Compensatory Mitigation Guidance 6
7 Wetland Science & Policy Implementation Wetland Regulatory Agencies Federal, State, & Local Regulatory Agencies U.S. Army Corps of Engineers (USACE) Environmental Protection Agency (EPA) State Environmental Protection/Fish & Game Municipal Agencies Other Non-regulatory Agencies U.S. Fish & Wildlife Service (USFWS) Natural Resources Conservation Service (NRCS) National Marine Fisheries Service (NMFS) National Oceanic and Atmospheric Administration (NOAA) 7
8 Wetland Science & Policy Implementation Policy goal: replace wetland function as part of permitting & mitigation actions Not solely on an acreage basis Functional replacement considered in mitigation Nearly 100 functional assessment techniques in scientific literature Policy implementation: requires wetland knowledge Classification systems Delineation methods Resource management * U.S. EPA 8
9 Wetland Science & Policy Implementation Wetland classification systems 1979 Cowardin system & subsystem (most commonly used) based on aerial photography no regulatory standing; some states reference its use in guidance documents Understanding wetlands classification is necessary to evaluate permit conditions & associated compensatory mitigation Wetland delineation methods 3 parameter approach Hydrology ogy Hydrophytic vegetation Hydric soils 9
10 Wetland Science & Policy Implementation Wetland delineation methods 3 parameter approach Jurisdictional vs. Non-jurisdictional Pre-application meetings Application review Site visit Permit application guidance Permitting process jurisdictional authority varies USACE Regional guides Joint (e.g., PA, VA) State (e.g. MI, NJ) 10
11 Wetland Management Permitting, Mitigation, & Compensation Compensatory mitigation (2008 USACE/EPA) Implemented 4 ways Restoration Enhancement Establishment Preservation 3 mechanisms for mitigation Banking 3 rd party responsibility In-lieu fee Occurs after permitted impacts Restoration or creation Permit holder responsibility Majority of mitigation 11
12 Policy Comparisons Wetland Management & Conservation Approach U.S. Canadian Federal Policy No Net Loss No Net Loss Lead Authority Federal Provincial (Legislation - USACE) (Guidelines vs. Policy)* Classification System 1 (Cowardin 1979) Multiple (Varies Provincially)* Delineation Method Standardized Not Standardized* (3 Parameter Approach) Policy Enforcement Public & Private Public & Private* * Indicates a difference 12
13 Recommendations from a Consultants Vantage Scientific bases Multi-disciplinary Standardization of classification system & delineation methods Learn from previous experience Identify professional qualifications Policy & guidelines bases Transparent policy/process Enforcement & compliance standards Interactive, cooperative process * jsp?page=home 13
14 Acknowledgements Acknowledgements Phil Perhamus (AMEC Earth & Environmental) Audrey Stedman (AMEC Earth & Environmental) Dr. George E. Taylor (George Mason University) 14
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