Chesapeake Bay News

A new analysis of the nutrient trading program contained in the proposed federal Chesapeake Clean Water Act has determined that Maryland farmers could be paid as much as $85 million annually to reduce nitrogen pollution, creating jobs and bolstering the agricultural economy. The analysis by the World Resources Institute (WRI), an international leader in market based environmental programs, found that water quality trading could potentially double conservation funding compared to what is currently available in the federal Farm Bill.

“The Chesapeake Clean Water Act puts farmers squarely in the driver’s seat – directing significant public and private market dollars to farmers to address the problems,” said CBF President Will Baker.  “Even without this legislation pollution from all sources, including agriculture, will have to be reduced. Working against the legislation is short sighted and not in the best interest of farming’s future.”

Water quality trading for nutrients, or “nutrient trading,” makes it possible to achieve reductions more efficiently and at a lower cost, and offers a new revenue source for those able to sell “nutrient credits.” The trading program works like this, once a farm has implemented baseline pollution controls the farmer is eligible to sell credits for additional pollution reduction. Since reducing pollution from agriculture is the most cost effective way to reduce pollution, farmers will be able to sell the credits, for example to a municipality, for significantly less than that local government would pay to reduce a pound of pollution from stormwater.

“WRI works to identify cost-effective ways to achieve environmental goals, and our analysis supports the concept that there is a significant market for nutrient trading in the region,” said WRI President Jonathan Lash. “The creation of a market for nutrient reductions would allow farmers to earn a reasonable return for making choices that benefit the Bay and its millions of users.”

“We all are responsible for the Bay’s poor condition, and we all must take responsibility for its revival – including farmers. This legislation has the provisions, including funding and accountability, to ensure we have profitable farms and a restored Chesapeake Bay. Because we believe you can’t have one without the other.” said Kim Coble, Maryland executive director for CBF.

The trading provision of the proposed federal legislation and the federal Farm Bill are just two components of federal strategies that will benefit the agricultural community.  The Chesapeake Clean Water Act also includes no less than $96 million, and possibly substantially more, for technical assistance to farmers, as well as $75 million for a new “Stewardship Grants” program to fund pollution reduction activities.

“The technical assistance the proposed legislation will provide is critical, and has been lacking for many years,” said Chesapeake Bay Commission Executive Director Ann Swanson. “This bill will provide funding for state and local governments, colleges, soil conservation districts and others to advise and assist farmers in developing and maintaining conservation practices.”

Large agricultural interests including the Maryland Farm Bureau have expressed opposition to the Chesapeake Clean Water Act currently being considered by Congress. While they cite concerns that the pending legislation will force farmers out of business, the legislation does not mandate regulation, but sets scientifically-based standards for pollution reduction and gives the states flexibility in how to achieve them, along with consequences for failure.

The U.S. EPA will hold a public meeting next Monday, Nov. 16, from 10 a.m. to 12: 30 p.m. in Washington, D.C. to outline the Chesapeake Bay Total Maximum Daily Load (TMDL) – a strict “pollution diet” to restore local waters and the Chesapeake Bay.

The meeting, the third in a series of public meetings between early November and mid-December, will be held at the Metropolitan Washington Council of Governments, 777 North Capitol St., NE, Suite 300. For more information on the full meeting schedule, visit www.epa.gov/chesapeakebaytmdl.

Expanded action and increased accountability by the federal government are the focus of a draft strategy for restoring and protecting the Chesapeake Bay required by President Obama’s Executive Order. To accelerate efforts and track progress, federal agencies are committing to meet milestones every two years, leading to all activities needed to restore the Chesapeake Bay and watershed being in place no later than 2025.

The draft strategy, released, 11/9/2009, contains a comprehensive package of federal initiatives to restore clean water, conserve treasured places, protect fish and wildlife, and adapt to the impacts of climate change. These objectives will be accomplished by empowering local efforts, making decisions based on science and forging a new era of federal leadership and accountability. Close collaboration of efforts with the six states in the Chesapeake Bay watershed and the District of Columbia will also be critical.

“President Obama has declared that the Chesapeake Bay is a national treasure and committed to a robust cleanup effort. Setting two-year benchmarks for progress will ensure that our actions are getting the results the President and the public expect,” said EPA Administrator Lisa P. Jackson. “This is the broadest and most publicly accountable cleanup effort ever seen on the Chesapeake Bay and its watershed. It’s time for a new era of decisive federal leadership, and new partnerships with state government, nonprofits, the private sector and residents who have all been working to create a cleaner Bay.”

Public comment on the draft strategy is important to the federal agencies and will shape the final strategy. The formal public comment period is from November 9, 2009 to January 8, 2010. The draft strategy can be accessed at http://executiveorder.chesapeakebay.net and the public can click on “provide comments” to formally submit feedback through www.regulations.gov. The draft strategy will evolve significantly through public comments, state consultations and agency revisions before the final strategy is published in May 2010.

To restore clean water, EPA will create a framework for performance and accountability to guide federal and state pollution control programs, and expand regulatory tools to reduce pollution from Concentrated Animal Feeding Operations and urban and suburban runoff. The U.S. Department of Agriculture will intensively target voluntary conservation incentives at high priority areas. New emphasis is also placed on improving stormwater management on federal land and reducing polluted runoff from transportation infrastructure.

“Maintaining healthy, sustainable farms and forests is an essential component to protecting and restoring the Chesapeake Bay,” said Secretary of Agriculture Tom Vilsack. “Our focus is on increasing economic viability, strengthening markets for local foods, improving water quality and protecting the natural landscape.”

The draft strategy contains numerous initiatives to conserve natural places, animal habitats and fish and wildlife. For example, the Department of the Interior will pursue development of a Chesapeake Treasured Landscapes Initiative to support state and local efforts to conserve and restore the environmental, historic, cultural and recreational value of many of the region’s wetlands, river corridors and open spaces. The department will look for opportunities to expand or create new units of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers system and National Historic Trails system.

“Our proposed initiative will build upon the existing partnerships with states, local communities, conservation organizations and other stakeholders to undertake projects that will not only conserve the Chesapeake Bay but will lead to its restoration as one of the great natural wonders of our country,” said Secretary of the Interior Ken Salazar. “We have a big toolbox full of conservation actions and we plan to use it.”

One challenge to restoration is climate change, which scientists project will have a variety of impacts on the Chesapeake Bay and its watershed, including rising sea levels, warmer water and air temperatures, and stronger storms. NOAA and the U.S. Geological Survey are leading the development of the federal strategy for adapting to climate change impacts in the Bay.

“Science shows that Chesapeake Bay habitats and living resources are already being affected by climate change,” said Dr. Jane Lubchenco, Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator. “We need to adapt to climate change to ensure that the places and things we care about – like wetlands that serve as nurseries for fish and crabs and coastal communities that are vulnerable to sea level rise – can be addressed in our restoration efforts.”

NOAA and the Army Corps of Engineers will also lead a revitalized effort to recover native oyster reefs and establish self-sustaining native oyster reef sanctuaries in key tributaries by 2020.

The draft strategy emphasizes the need to empower local efforts because local governments, watershed organizations and residents have a great interest and ability to restore the environment. Federal agencies will expand technical assistance and resources, and support development of innovative technologies to reduce pollution and economic markets for ecosystem services. A Chesapeake Conservation Corps will be pursued to increase citizen stewardship, and public education will engage people in protecting local waterways.

Federal agencies have also developed a suite of accountability and transparency measures, led by ChesapeakeStat, an online tool that will identify restoration projects, funding and progress, and be publicly accessible. The draft strategy also calls for an annual plan for spending; reporting on environmental health and restoration progress, potentially through the Chesapeake Bay Program’s Bay Barometer; and an independent evaluation of federal efforts.

On May 12, President Obama issued Executive Order 13508 on Chesapeake Bay Restoration and Protection, the first-ever presidential directive on the Bay and the first environmental Executive Order by President Obama. The order established a Federal Leadership Committee, chaired by EPA, and with senior representatives from the departments of Agriculture, Commerce, Defense, Homeland Security, Interior and Transportation. These agencies generated draft reports in September 2009 with recommendations for addressing issues such as water quality, public access, landscape conservation, climate change, scientific monitoring and the protection of living resources. These draft reports were integrated into the draft strategy, which must be finalized by May 12, 2010.

A new website will increase government transparency and expand public participation in President Obama’s Executive Order on Chesapeake Bay Protection and Restoration. The website will serve as the clearinghouse for all Executive Order information, including news, documents and events from the various federal agencies working on new approaches to cleaning up the nation’s largest estuary. The public can also provide feedback on the website and use online tools to track Executive Order activities.

The website address is http://executiveorder.chesapeakebay.net

“President Obama wants real action and real results in restoring and protecting the Chesapeake Bay. The best way to ensure that we meet those goals is to reach out and engage the Bay communities,” said U.S. Environmental Protection Agency Administrator Lisa P. Jackson, who chairs the Federal Leadership Committee overseeing development of the Executive Order. “Executiveorder.chesapeakebay.net is a way for everyone – from concerned parents, environmental advocates, and men and women who make their living on the Bay – to be part of the solution. The website will help promote transparency in our work and accountability to the 17 million residents of the Chesapeake Bay watershed.”

Through a blog format, a variety of content will be posted on the website in the weeks and months ahead, such as discussions of the key challenges facing the Chesapeake Bay, announcements of upcoming public meetings and events, and documents required by the Executive Order. On September 9, the draft reports on how federal agencies will address topics including water pollution, climate change and public access will be available to the public and published on the website. By November 9, these reports will be incorporated into a draft strategy for restoration and protection of the Chesapeake Bay, which also will be available online.

Input from the public is critically important to the federal agencies as the various reports and overall strategy are created. When the draft strategy is released on November 9, the formal public comment period will begin. But until then, feedback can be posted on the website under the Provide Feedback section. The federal agencies will receive any information that the public posts online.

The public is also encouraged to track Executive Order developments by utilizing the RSS feed, Twitter updates and Facebook page. Video and photos will be available on the YouTube and Flickr channels. Access to these tools can be found under the Stay Connected section at http://executiveorder.chesapeakebay.net

EXECUTIVE ORDER BACKGROUND

On May 12, 2009, President Obama signed an Executive Order that recognizes the Chesapeake Bay as a national treasure and calls on the federal government to lead a renewed effort to restore and protect the nation’s largest estuary and its watershed.

The Chesapeake Bay Protection and Restoration Executive Order established a Federal Leadership Committee that will oversee the development and coordination of reporting, data management and other activities by agencies involved in Bay restoration. The committee will be chaired by the Administrator of the Environmental Protection Agency and include senior representatives from the departments of Agriculture, Commerce, Defense, Homeland Security, Interior, Transportation and others.

These agencies will submit draft reports by September 9, 2009 that make recommendations to:

* Define the next generation of tools and actions to restore water quality in the Bay and describe the changes to be made to regulations, programs and policies to implement these actions.

* Target resources to better protect the Bay and its rivers, particularly in agricultural conservation practices.

* Strengthen storm water management practices for federal facilities and federal land within the Bay watershed and develop a best practices guide for reducing polluted runoff.

* Assess the impacts of climate change on the Bay and develop a strategy for adapting programs and infrastructure to these impacts.

* Expand public access to the Bay and its rivers from federal lands and conserve landscapes of the watershed.

* Expand environmental research, monitoring and observation to strengthen scientific support for decision-making on Bay restoration issues.

* Develop focused and coordinated habitat and research activities.

In preparing the reports, federal agencies will consult with the governments of the seven Bay jurisdictions – Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia. By November 9, the Federal Leadership Committee will integrate these reports into a draft strategy for restoration and protection of the Chesapeake Bay. This draft strategy will be available for public comment and a final strategy will be completed by May 12, 2010.

Beginning in 2010, the Federal Leadership Committee will publish an annual Chesapeake Bay Action Plan that describes how federal funding will be put toward Bay restoration in the upcoming year. It will be accompanied by an Annual Progress Report that reviews current environmental conditions and assesses implementation of the strategy. An independent evaluator will also periodically report on progress toward meeting the goals of the Executive Order.

Annapolis Mayor Ellen Moyer, Delegates Ron George and Richard Sossi and Secretary John R. Griffin recognized 12 Marinas this year that voluntarily adopted best management practices to certified as Clean Marinas at an awards luncheon in Annapolis.

“Every Marylander has a role in helping to restore the health of the Chesapeake Bay and its tributaries,” said Governor Martin O’Malley. “I want to commend these business owners for making a significant contribution to this effort.”

Since 1999 DNR has certified 115 Clean Marinas and 24 smaller facilities designated as Clean Marina Partners. These facilities voluntarily adopt best management practices, exceeding legally required permits and plans, to reduce polluted run-off into adjacent waterways. The Maryland Clean Marina Initiative is a public-private partnership developed in response to federal legislation, requiring the State to reduce ‘non-point source’ pollution from marinas, boatyards, and recreational boats.

“As the capital of Maryland and the Sailing Capital of the World, Annapolis is a very popular destination for thousands of boaters a year. The Annapolis Harbormaster’s Office is now playing a key role in helping the state’s Clean Marina program educate the boating public on simple ways they can truly make a difference when it comes to protecting water quality and saving the Bay,” Said Annapolis Mayor Ellen Moyer. “Annapolis is honored to be a Clean Marina partner in this important environmental program and we encourage every marina in the Chesapeake Bay watershed to become a clean marina.”

To receive certification a marina must meet its regulatory requirements as well as implement a significant number of recommendations from the Maryland Clean Marina Guidebook in areas such as sewage handling, waste containment and disposal, and marina management. The marinas must meet minimum scores—75 to 80 percent – in each area of the Award Checklist and pass a site inspection.

The Clean Marinas receiving the Governor’s Citation were:

Annapolis City Dock

Annapolis Maryland Capital Yacht Club

Annapolis Yacht Club Sailing Center

Campbell’s Boatyard at Jack’s Point (Oxford)

Clark’s Landing Marine Center (Chester)

Gunpowder Neck Boat Club (Aberdeen Proving Ground MWR)

Mill Creek Marina (Naval Station Annapolis)

Nanticoke Harbor Marina (Nanticoke)

National Harbor Marina (Oxon Hill)

Tradewinds Marina (Baltimore)

West Basin Marina (Patuxent River Naval Air Station)

Yacht Basin Company (Annapolis)

The Clean Marina Initiative was developed as an alternative to further regulations of the marina industry. Through the efforts of a committee comprised of leaders in the marine industry and government representatives, the Maryland Clean Marina Guidebook was printed in 1998. Implementation of this program began in the winter of 1998.

Since 1997 the Clean Marina Initiative has used funding from several sources including NOAA and EPA and currently uses State Special Funds (Waterway Improvement). EPA’s Non-point Source Program also funded demonstration projects of pollution prevention equipment in selected watersheds for four years.

Marinas, boatyards, and yacht clubs of any size are encouraged to learn more about the voluntary Clean Marina Initiative, developed with both government and industry input. Marina operators can either visit http://www.dnr.state.md.us/boating/cleanmarina/, send an email to dmorrow@dnr.state.md.us or call 410-260-8773. Recreational boaters are also encouraged to visit the Clean Marina webpage to learn how they can prevent pollution and to sign the Maryland Clean Boater Pledge.

source: DNR press release

The Maryland Department of Natural Resources (DNR) is seeking interested adults to become TEAM (Teaching Environmental Awareness in Maryland) volunteers. Our volunteers’ mission is to educate students about the Chesapeake Bay and other Maryland environmental issues. Since its inception in 1998, TEAM DNR volunteers have delivered over 1000 classroom programs to more than 30,000 students in Maryland.

Volunteers should have an outgoing personality and a strong desire to protect the Chesapeake Bay. No prior teaching experience is necessary. Currently, TEAM offers schools free classroom programs on the following topics:

* Chesapeake Bay Watershed

* Streams

* Oyster Reefs

* Horseshoe Crabs

* Chesapeake Watermen

The next workshop will be held from 10 a.m. to 3 p.m. on Friday, August 14, 2009 in the C-1 Conference Room of the Tawes State Office Building, located at 580 Taylor Ave. Annapolis, MD 21401. Participants are asked to bring their own lunch. Beverages and snacks will be provided.

To register for a workshop, contact Amy Henry at 410-260-8828 or ahenry@dnr.state.md.us. For more information about this valuable program, visit www.dnr.maryland.gov/education/teamdnr.

In response to recommendations of the majority of the members of Maryland’s Mute Swan Task Force, the Maryland Department of Natural Resources (DNR) will continue to reduce the Chesapeake Bay’s population of non-native mute swans.  Because of the State’s successful control efforts, there are far fewer mute swans in Maryland today than there were a few years ago; about 500 remain of a population that had reached nearly 4,000 a decade ago.

In the spring of 2009, DNR convened a group of environmentalists, scientists, animal advocates, and other stakeholders to revisit the Mute Swan Plan and develop a recommendation for how Maryland should proceed.  That group split over the issue of lethal control of adult mute swans and presented two contrasting reports. One report, from two animal rights members, advocated maintaining a population of mute swans in the Chesapeake Bay.  The report from the other 10 members, including scientists, conservationists, and State and Federal agency representatives, argued for the continued reduction of mute swans.  Both reports may be viewed at: http://www.dnr.state.md.us/wildlife/MS2009_Report.html

“While the swans may be beautiful, they continue to pose a serious threat to the Chesapeake Bay and its native wildlife, and non-lethal controls have proven insufficient for reducing the population,” said DNR Secretary Griffin. “For these reasons, we are unfortunately compelled to continue Maryland’s mute swan control efforts, through both non-lethal and lethal means.”

“After reviewing the reports and considering the best advice of my staff and the scientific and environmental communities, I have found the case for continued controls ecologically crucial and in alignment with both the 2000 Chesapeake Bay Agreement invasive species control plans and Maryland State law,” the Secretary added.

Jonathan McKnight, the Maryland DNR Biologist who coordinated the Mute Swan Advisory Committee said, “There is a solid body of scientific literature demonstrating that this species — like the nutria, a marsh rodent from South America — causes harm to native species and the Chesapeake ecosystem.”

Environmentalists and conservation groups praised the decision, which the animal rights groups PETA and the Humane Society of the United States had lobbied against.

“We support the DNR in making this difficult decision”, said Kim Coble, Maryland Executive Director of the Chesapeake Bay Foundation. “It’s controversial, but it’s the right thing to do to protect important Chesapeake Bay resources.”

The Maryland Ornithological Society, which has supported mute swan control because of the tendency of mute swans to drive declining native birds from their nesting grounds, was also pleased.

“This was clearly the right call for the resource and I’m impressed that DNR moved quickly to make this decision,” said MOS President Dr. Wayne Bell. “Maryland has achieved an unparalleled 80 percent reduction in the population of this invasive species, so to stop now would have made little sense.”

Mute swans are native to Europe and Asia.  Maryland’s population of mute swans originated when five birds escaped from captivity in Talbot County in 1962. Currently, about 500 mute swans remain in the Bay and its tributaries.  They are now established in all major tributaries to the Maryland portion of Chesapeake Bay. Mute swans have caused adverse ecological impacts by driving out nesting native waterfowl and the removal of submerged aquatic vegetation (SAV) during the summer, fall and spring when SAV are reproducing; and the destruction of SAV restoration and replanting sites.

Mute swans are one of six species identified in the Chesapeake Bay Agreement as priority invasive species that threaten the Chesapeake ecosystem.

The State of Maryland will change the way it requires developers to prevent pollution at construction sites from running into local rivers and streams.

The changes were call for by a coalition of environmental groups represented by the University of Maryland Environmental Law Clinic.

The coalition, which includes Potomac Riverkeeper as well as 11 other Maryland Waterkeeper organizations and the Waterkeeper Alliance, announced today that it has reached an agreement with Maryland’s Department of the Environment over its challenge to Maryland’s general stormwater permit for construction sites.

Ed Merrifield, the Potomac Riverkeeper, says the settlement proves that ordinary citizens—and groups like Potomac Riverkeeper that represent them—can take a stand and improve their local water quality.

“These types of improvements don’t just happen” Merrifield said. “Ordinary citizens hold governments accountable—it’s the best way to make a difference.”

The settlement will mitigate polluted runoff (known as “stormwater”) at construction sites in three ways:

* it requires MDE to update the measures that must be taken on construction sites to prevent water pollution

* it requires MDE to ensure expanded opportunities for the public to review and comment upon planning documents for construction sites

* it improves protections for water bodies that are already overwhelmed by polluted runoff

Polluted runoff usually leaves construction sites in the form of mud and sludge during periods of heavy rain and runs into storm drains or directly into water bodies. In some locations, such as Cumberland and Washington DC, the mud and sludge drains into combined sewers (that hold both rainwater and raw sewage) and, if it rains (in some areas more than 1/10 of 1”), overwhelm the combined sewers and flow directly into the Potomac River and its tributaries without first being treated.

Scientists estimate that runoff adds 80 million tons of sediment to waterways each year.  In Maryland alone, 90 rivers and streams have been officially designated as “impaired” due to excessive sediment.

“Polluted runoff is one of the biggest threats to the Potomac River and the Chesapeake Bay,” Merrifield added. “This settlement today is one more step toward restoring these national treasures.”

The Trust for Public Land’s Parks for People-Community Rivers program in Maryland is focused on the western Chesapeake Bay shoreline and tributaries of
the four major river systems-the Gunpowder, Patuxent, Patapsco, and Potomac.

Working with government agencies at the local, county, state, and federal levels and with local organizations, The Trust for Public Land’s goal is to see
one-third of the land along these shores protected as parks and open space.

Through a GIS analysis, the program has identified over 230,000 acres of high-priority unprotected lands within a mile of the western shore of Chesapeake Bay and the four tributaries. the program is seeking to collaborate with public and private partners to collectively advance protection of these lands and create one of the greenest and most natural metropolitan river park systems in America.

To learn more, please visit: www.tpl.org/tier3_cd.cfm?content_item_id=22585&folder_id=628

Or contact: Tom Gilbert, Regional Conservation Services Director- tom.gilbert@tpl.org

On April 7, 2009 the Chesapeake Bay Oyster Restoration Programmatic Environmental Impact Statement (PEIS) Executive Committee announced their agreement to identify a native-only restoration strategy as the preferred alternative in the final PEIS due to be published in late June. The Governors of Maryland and Virginia praised the decision.

“Over the past two years, the State of Maryland and the Commonwealth of Virginia have built an unprecedented partnership to restore the health of the Chesapeake Bay and its living resources,” said Maryland Governor Martin O’Malley. “I am extremely pleased that, together with the U.S. Army Corps of Engineers, we have reached an agreement on a preferred oyster restoration alternative, one that will not threaten the Bay’s already stressed ecosystem. We look forward to finalizing this process over the next few months, and to collaborating with our partners in Virginia to use new science developed through this extraordinary study to support both the ecological restoration of our native oyster and the revitalization of our oyster industry with emphasis on new aquaculture opportunities.”

On Friday, April 3, the Maryland Department of Natural Resources submitted a proposal for federal stimulus funds in the amount of $10 million to fund oyster related projects. The proposal included projects to recreate and/or place natural/alternative oyster reef substrate, produce and plant oyster spat and enhance hatchery productivity and monitor oyster populations and water quality for oyster health on restoration sites. The State of Maryland currently has $5 million slated for oyster projects during Fiscal Year 2009, which will supplemented by additional funding from federal partners: $1 million via Army Corps of Engineers and $2.6 million from NOAA through the Oyster Recovery Partnership.

“Virginia has long been committed to finding solutions that address the decline in oysters in the Chesapeake Bay and we’re proud of the collaborative progress we’ve made through a strong regional partnership with the U.S. Army Corps of Engineers, Maryland, and federal agencies,” said Virginia Governor Timothy M. Kaine. “While we have seen certain promise in ariakensis aquaculture from the Virginia Seafood Council trials over the past seven years, we agree-based on the recommendations of our Virginia Institute of Marine Science-that moving forward we should focus primarily on restoring the Bay’s native oyster. We’re pleased the Corps will allow for possible continued ariakensis experiments under tightly-controlled conditions so that we can continue answering scientific questions in the future.”

The Army Corps of engineers commended the Committee’s cooperative efforts.

“Based on the current state of the science and extensive public review, the use of non-native oysters in the Chesapeake Bay, its tidal tributaries and the coastal bays and waters of Maryland and Virginia poses ecological risks. Therefore, it is prudent for us to adopt a native oyster alternative, while allowing for scientific research for improving our understanding of non-native oyster ecology and restoration implications. This is critical since the PEIS was inclusive whether the native oyster can make a full comeback Bay wide,” said Col. Dionysios “Dan” Anninos, Norfolk District commander, during a media teleconference.

A 30-day public comment period will follow publication of the final PEIS, with a formal Record of Decision expected to be published in late July.

The Executive Committee includes the Norfolk District, U.S. Army Corps of Engineers, and the secretaries of natural resources for the State of Maryland and the Commonwealth of Virginia, working with the U.S. Environmental Protection Agency, the National Oceanic and Atmospheric Administration, U.S. Fish and Wildlife Service, the Potomac River Fisheries Commission, and the Atlantic States Marine Fisheries Commission.

Following is the complete joint statement agreed to by the Committee:

Based on the current state of the science, and extensive public discourse the use of non-native oysters in Chesapeake Bay, its tidal tributaries, and the coastal bays and waters of Maryland and Virginia poses unacceptable ecological risks.

Therefore, it is prudent for the U.S. Army Corps of Engineers, the State of Maryland, the Commonwealth of Virginia and Potomac River Fisheries Commission (PRFC) to adopt a native oyster only preferred alternative for purposes of the PEIS. In selecting the native oyster alternative, the Corps, together with the cooperating federal agencies, the State of Maryland, the Commonwealth of Virginia and PRFC will remain fully committed to using only the native oyster to work towards revitalizing oyster restoration and aquaculture in meeting commercial and ecological goals. Furthermore, the State of Maryland, the Commonwealth of Virginia and PRFC will work towards implementing biologically and economically sustainable harvesting measures for the public oyster fishery. Finally, the Corps, together with the cooperating federal agencies, the State of Maryland, the Commonwealth of Virginia and PRFC will pursue the establishment of realistic metrics, accountability measures and a performance based adaptive management methodology for all efforts in revitalizing the native oyster for purposes of achieving commercial and ecological goals.

In selecting this preferred alternative, the Corps is aware that future scientific investigation may be proposed for purposes of improving our understanding of non-native oyster ecology and restoration implications. The U.S. Army Corps of Engineers will consider such proposals only when they are part of a scientific research framework. The research framework must be reviewed and approved by the PEIS lead and cooperating agencies and PRFC. A key criterion for approval of any such proposal will be to demonstrate that the proposal will not pose unacceptable ecological and socio-economic risks. Utilizing established regulatory process, the review of any such proposal will include consultation with the Atlantic States Marine Fisheries Commission and a process agreed to by the partner agencies to obtain scientific advice and peer review similar to that which was utilized for the development of this PEIS.