Chesapeake Bay News

On May 27, 2010, Chesapeake Bay Foundation President Will Baker issued the following statement regarding President Barack Obama’s announcement that the federal government is cancelling sales of leases to drill for oil and natural gas off the Virginia coast.

“We applaud President Obama’s decision to cancel sales of oil and gas leasing off Virginia’s coast and thereby avoid a potentially catastrophic threat to the Chesapeake Bay.

“The events in the Gulf clearly demonstrate the risks of offshore drilling. Safeguards are never foolproof. And their effectiveness can be further mitigated by human error. The consequence of accidents can be devastating to the environment, the economy, and the people of waterfront communities.

“The risks posed by offshore drilling to the Chesapeake Bay outweigh any potential benefits. Moreover, clean, safe alternatives such as wind and solar power as well as energy conservation readily exist that will provide the energy and jobs needed without threatening our communities, our economy, the military, and the Bay. I hope the federal government and the Bay states will take this opportunity to aggressively pursue a more sustainable energy future, beginning today.”

The Chesapeake Bay Foundation (CBF) and The Nature Conservancy (TNC) announced support for Maryland’s new oyster restoration plan, calling it a strong first step towards significantly increasing oyster numbers in the Chesapeake Bay.

The plan proposes a new approach for managing this critical resource for all of its different values. The plan would create big oyster reefs in certain areas of the Bay that can not be harvested (sanctuary reefs), increase job opportunities in oyster farming in separate areas, and retain some reefs for watermen to harvest wild oysters. Included in the plan is a significant increase in the area of productive oyster beds to be set aside as sanctuaries. An increase in the acreage of sanctuaries will provide more habitat for fish, help water quality, and provide protected populations of oysters.

“Our native oyster is part of the public trust, and we have a clear and urgent responsibility to restore this iconic species to the Chesapeake Bay,” said Governor O’Malley. “Today marks a critical next step in our efforts to rebuild the population for ecological and economic benefits. By some projections, today’s actions could contribute as much as $25 million to Maryland’s economy and create over 200 jobs.”

“The Governor recognizes that we need to give more attention to restoring oysters to save the Bay ecology. That’s a huge shift.  But he also understands the economic needs of Marylanders who work on the water. The plan helps create an aquaculture-based oyster industry in the state, and also allows for some traditional harvesting, said Mark Bryer, director of TNC’s Chesapeake Program

“Governor O’Malley is proposing to do for oysters what he did for blue crabs.  Bravo. This plan will bring more oysters to the Bay.  That will be good for the ecology and good for the economy.  Oyster lovers will benefit and more jobs in the seafood industry will be created.  What a win for everyone,” said Will Baker, president of CBF.

Currently, many productive oyster beds in the Chesapeake Bay are planted specifically for fishermen to harvest. That practice not only slowed the restoration of once-thriving oyster numbers in the Bay, but also failed to revive the previously profitable oyster industry. In other regions the industry has become profitable by farming oysters—using cages, bags, and racks for raising hatchery-produced oyster seed. Maryland’s new plan aims to help watermen transition to farming oysters rather than harvesting wild oysters.

In recent years science has concluded that larger, interconnected oyster sanctuaries rather than flat beds are better able to thrive despite disease and other stresses. The new plan would mean concentrating sanctuaries in a few rivers and areas, rather than scattering them, and building sanctuary oyster reefs higher, which may make them better able to persist in the face of degraded water quality.

Setting aside, restoring and protecting productive bars is in the public interest, as unspoiled oyster reefs serve important ecological functions that benefit everyone.  Oysters are pollution vacuum cleaners – a single oyster can filter up to 50 gallons of water a day.   And the reefs that oysters form provide essential habitat for commercially and recreationally important fish.

Recently as little as four percent of productive oyster bottom is protected from harvest; the Governor’s proposal sets aside 24 percent of the Bay bottom that currently is, or can be, a productive oyster habitat as an oyster sanctuary area. These sanctuary areas have been identified scientifically to ensure a high degree of success for oyster growth. The U.S. Army Corps has estimated about 36,000 acres of productive bottom exists in the Maryland portion of the Bay.

CBF and TNC believe this proposal to set aside 24 percent of oyster reefs should be considered a minimum step towards successful oyster restoration in the Chesapeake Bay.

The plan also proposes to substantially reduce illegal harvesting of oysters, which to date has been a significant challenge in restoring the Bay’s oysters.  The Governor’s plan proposes to curb poaching by concentrating sanctuary reefs, making them easier to patrol, and by using improved monitoring technology.

The state proposal closely follows recommendations to improve oyster restoration made last February by the Oyster Advisory Commission. The 21-member Commission of scientists, watermen, anglers, businessmen, economists, environmental advocates, and elected officials was appointed by Maryland Department of Natural Resources (DNR) Secretary John Griffin in September 2007

The plan proposes to remove many of the obstacles to oyster farming in Maryland. It lays out strategies for leasing Bay bottom to watermen or other commercial interests, and to expediting permits. In addition to recommendations made by the Oyster Advisory Commission, the plan closely follows aquaculture legislation passed this past spring in the Maryland General Assembly.

CBF is actively involved in oyster restoration, with its state-of-the-art restoration vessel the Patricia Campbell and its Oyster Recovery Center in Southern Anne Arundel County.

TNC is working in partnership with CBF on oyster restoration in the Chesapeake Bay, and also recently released a report assessing the health of shellfish reefs worldwide.

source: CBF press release

The Chesapeake Bay Foundation (CBF) announced its recognition of Governor Martin O’Malley for his leadership on environmental issues. O’Malley was honored at the CBF Board of Trustees meeting at the Willard Hotel.

“I am not going to tell you – nor would the Governor say – that the job is done,” said CBF President William C. Baker.  “But I believe that a new day may be dawning for the Chesapeake Bay, and Governor O’Malley’s hard work and leadership have helped us get here.”

“Restoring the health of the Chesapeake Bay is among the greatest public health challenges of our time,” said Governor O’Malley. “For the past few decades, our Bay has been in the intensive care unit, and while our work here is far from done, it is an honor and a privilege to partner with you as we work to bring her off life support. Thank you for this gracious recognition and for your continued leadership in the fight to save the Bay.”

Among other accomplishments, CBF recognized O’Malley for:

* BayStat: Through an Executive Order in 2007, the Governor created this rigorous accounting program for state agencies to ensure progress is being made in restoring the Bay. Recognizing the importance of coordination and frequent assessment of restoration efforts, the Obama administration incorporated the BayStat approach in the recent draft Executive Order reports on Federal Bay Restoration efforts in a program called ChesapeakeStat.

* Two-year Milestones: The Governor went a step further than the other members of the Chesapeake Executive Council and committed to have all of the necessary implementation mechanisms for clean water in place by 2020, five years in front of the other watershed states, the District of Columbia and the federal government, which have committed to a 2025 deadline.

* Crabs: Governor O’Malley, working with Virginia Governor Kaine, had the vision and commitment to science-based fishery management that resulted in strong crabbing rules in 2008 to address the significant decline in the Bay’s blue crab population. As a result the Baywide crab population has showed strong improvement in last winter’s survey.

* Oysters: Working with Governor Kaine, Governor O’Malley’s administration played a key role in the decision to prohibit the introduction of Asian oysters in the Bay. In addition he has worked to restore the native oyster population and cut through the red tape that prevented the development of an oyster aquaculture industry in Maryland.

* Global warming: When the O’Malley Administration sponsored Maryland’s Greenhouse Gas Reduction Act it placed Maryland out in front of the efforts to curb global warming and helped put in place lasting environmental protections.  The Greenhouse Gas Reduction Act requires the State to achieve a 25 percent reduction in statewide greenhouse gas emissions from 2006 levels by 2020.

* Environmental Education / Children in Nature: The Governor has positioned Maryland as the nation’s leader on environmental education. In 2008, the Governor issued an Executive Order creating the Partnership for Children in Nature. The Governor tasked the partnership with creating an environmental literacy plan for Maryland students, increasing opportunities for structured outdoor learning in state parks, and ensuring the environmental literacy of students that graduate from Maryland schools.

“The clock is ticking for the restoration of the Chesapeake Bay, and we are fortunate to have Governor O’Malley’s leadership at this critical time,” said D. Keith Campbell, Chairman of CBF’s Board of Trustees.

The Chesapeake Bay Foundation (CBF), the Virginia State Waterman’s Association, the Maryland Watermen’s Association, the Maryland Saltwater Sportfishermen’s Association, former Maryland Governor Harry Hughes, retired Maryland Senator Bernie Fowler, former Virginia legislator and Natural Resources Secretary Tayloe Murphy, and former Washington D.C. Mayor Anthony Williams today notified the federal Environmental Protection Agency (EPA) that they intend to go to federal court to force EPA to require pollution reduction in the Chesapeake Bay. Today’s notice letter is required for any citizen lawsuit against EPA to enforce the Clean Water Act.

“Over the last 25 years Chesapeake Bay restoration efforts have been littered with promises broken and commitments unfulfilled,” said CBF President William C. Baker. “It is time that EPA either step up to the plate, or be held legally accountable for its failure to comply with the law and fulfill the commitment to reduce pollution sufficiently to have the Bay removed from the federal “dirty waters” list by 2010.”

“When I signed the Chesapeake 2000 Agreement, I believed that the goal of removing the Bay and its tidal tributaries from the Clean Water Act impaired waters list by 2010 was a binding commitment of all the signatories including the United States,” Anthony Williams said.

EPA has admitted that with current programs and policies in place, the goal will not be achieved. Officials are now discussing pushing the Bay clean-up goal back another 12 years.

“There have now been three agreements and three failures, and while government may be well intentioned, more delay is unacceptable,” Bernie Fowler said. “It hurts my heart that we may be standing by at the deathwatch of this national treasure.”

CBF and its allies are calling on the EPA Administrator to establish a deadline of 2010 to have programs and funding in place to achieve the pollution reduction goal, to achieve 80 percent of the goal by 2012, and to complete the task by 2015. In addition there must be serious consequences for missing those deadlines.

“If the signatories to the numerous Chesapeake Bay agreements, especially the 2000 agreement, are not held accountable for the commitments made in those agreements, the Bay will never be saved,” Tayloe Murphy said. “Contracts are made to be performed, not ignored.”

Bay scientists have determined that in 2008 the Bay suffered the fourth worst “dead zone” since 1985. Pollution is also a major factor in the decline of the Chesapeake Bay’s crab population, which is near historic lows. As a result, Maryland and Virginia have had to severely limit the commercial crab harvest, putting many watermen out of work.

“The continuing degradation of the Chesapeake Bay and its tributaries has reached the point that it is imperative that dramatic measures be taken to improve water quality,” said Virginia Watermen’s Association President Ken Smith. “Over the last 35 years, the number of working watermen in Virginia has dropped from 8,000 to less than 3,000. Pollution is robbing us of our livelihood, our way of life, and the ability of our children to carry on a proud tradition.”

It’s not just watermen who are affected. When the broader impact on restaurants, crab processors, wholesalers, grocers, and watermen is all added up, the decline of crabs in the Bay meant a cumulative loss to Maryland and Virginia of more than 4,400 jobs between 1998 and 2006 (the most recent year for which this economic data is available). That doesn’t include 2007 and 2008, both poor years for crab harvests.

“Economic health and the health of the environment go hand in hand,” said former Maryland Governor Harry Hughes. “What is needed now is a sense of urgency, not more delay.”

The legal action targets the EPA because it is the lead agency in enforcement of the Clean Water Act. It is being taken now to offer the EPA one last opportunity to take responsibility for the water quality commitments made in the Chesapeake 2000 Agreement. If EPA fails to respond, the issue will be front and center for the next administration.

“We are doing this because we’re backed into a corner. We’ve all been preaching to clean the bay up, with no results,” Larry Simns said. “We’re at a crucial point here, unless we do something now we’re going to lose the Bay completely.”

source: Chesapeake Bay Foundation press release

Research indicates significant potential with native oysters for industry and environment, while not demonstrating reasonable assurance that the non-native species will be successful or that it will not harm an already compromised estuary.

The Federal government along with Maryland and Virginia have released a long-awaited Environmental Impact Statement evaluating the proposal to introduce a non-native oyster species from Asia into Chesapeake Bay. The study, which also evaluates native species alternatives, does not highlight a preference.

After following the research conducted to inform the EIS, participating in its scientific review, and reviewing the conclusions of EIS, the Chesapeake Bay Foundation (CBF) and The Nature Conservancy (TNC) believe that our native oyster holds the best promise for the citizens, for the oyster industry, and for the Bay itself.

“Given the available information, the combination of native oyster aquaculture and enhanced native restoration clearly provides the best potential for progress with the least amount of risk,” said William C. Baker, President of CBF.

“With the right investments and management decisions by the public and private sectors, including our organizations, we can have native oyster populations that provide significant ecological and economic benefits all without the risk of unintended consequences,” added Michael Lipford, Virginia State Director of TNC. Both organizations see the study as providing a clear path forward. “The scientific community is generally positive about the prospects for native oyster restoration,” said William Goldsborough, senior scientist for CBF, citing testimony from a recent congressional hearing. “Recent efforts have shown local successes, including in the Lynnhaven River where combined work has led to a tenfold increase in native oysters, and in the Rappahannock River, where scientists believe they are seeing evidence of the development of disease resistance in large oysters that for years were protected within sanctuaries.”

Equally encouraging is the potential for aquaculture of the native oyster. In both states, sterile native oysters, as well as native oysters placed up in the water column, have been found to grow fast, reaching market size well before disease has its impacts. And oyster aquaculture is on the rise in Virginia, the number of native oysters planted by growers tripled from 2005 to 2007, and the number of market oysters sold by aquaculturists grew from less than 1 million to more than 4.8 million.

“With a wild fishery decades away from large-scale recovery with any species, aquaculture of the native oyster provides a real economic opportunity for watermen who have been struggling with diminished harvests,” said Mark Luckenbach, Professor of Marine Science at the Virginia Institute of Marine Science.

While the EIS indicates that the non-native Asian oyster species grows quickly and resists the diseases affecting our native oyster, research also highlights considerable uncertainty for its success, since the Asian oyster faces many of the same challenges that limit our native oyster and some new ones.

“Regardless of the oyster species, large investments must be made to increase hatchery capacity, restore degraded habitat, and improve water quality,” said Mark Bryer, Director of TNC’s Chesapeake Bay program. “The EIS indicates that the non-native oyster has greater sensitivity to low dissolved oxygen and greater vulnerability to predation than our native oyster. It is also susceptible to Bonamia, a disease which caused mass mortalities of the non-native oyster in experimental deployments in North Carolina.” Recent studies have found that the high salinity waters of the lower Chesapeake Bay are suitable for Bonamia, the same location where the non-native oyster has shown the greatest growth differential from our native oyster.

Studies also indicate other uncertainties with regard to the non-native oyster, including the potential for it to compete with our native oyster and cause local extinctions. Additionally, a recent study by Johns Hopkins University highlighted increased likelihood of the non-native oyster to harbor viruses that are dangerous to humans. The EIS research also concludes that the introduction of sterile non-native oysters will eventually result in reproductive non-native oysters in the Chesapeake, and that the non-native oyster will likely spread along the eastern seaboard with unknown ecological consequences.

“The burden of proof needs to be on the proponents of introduction to show that it will not result in significant problems,” added Goldsborough. “Our review of the EIS indicates that burden of proof has not been met.”

Dr. Denise Breitburg, a senior scientist at the Smithsonian Environmental Research Center summed up the issue by saying, “Given the numerous problems that have been caused by invasive species worldwide, the uncertainty of consequences both within and outside the Bay, the irreversibility of the decision, and the reality that we have not exhausted possibilities for native oyster restoration, I would strongly recommend that it is not time to introduce a non-native oyster species to Chesapeake Bay.”

The Chesapeake Bay Foundation (CBF) is a 501(c)(3) organization to restoring and protecting the Chesapeake Bay and its tributary rivers. Since our founding 40 years ago, our goal has been to improve water quality by reducing pollution. Our motto, Save the Bay, has been the battle cry for that goal. Visit the Chesapeake Bay Foundation on the Web at http://www.cbf.org/.

The Nature Conservancy is a leading conservation organization working around the world to protect ecologically important lands and waters for nature and people. To date, the Conservancy and its more than one million members have been responsible for the protection of more than 18 million acres in the United States and have helped preserve more than 117 million acres in Latin America, the Caribbean, Asia and the Pacific. Visit The Nature Conservancy on the Web at http://www.nature.org/.

source: Chesapeake Bay Foundation press release