Chesapeake Bay News

President Obama recently announced his America’s Great Outdoors Initiative, a collaborative effort to seek the best ideas on conservation, how these ideas can be pursued in partnership with local communities, and how the administration can be more responsible stewards and promote conservation. To seek input from stakeholders, listening sessions have been scheduled across the country, including a very important one on Friday June 25 in Annapolis for the Chesapeake Bay region.

The National Parks Conservation Association (NPCA) wants to ensure national parks play a prominent role in any forward-thinking conservation initiative.

According to NPCA the following concepts are related to the Chesapeake Bay watershed:

- In the Chesapeake watershed, Shenandoah and 50 other national parks anchor larger landscapes of America’s history and heritage. The future of national park wildlife and water quality depends upon the health of the larger natural systems within the Chesapeake region. Vital connections between national parks, other protected areas, and private lands must be preserved — and in some areas, established — to protect plants and wildlife, the landscapes of our shared cultural history, inspiring scenic views, clean water, and water access for recreation. The Administration must lead policies and funding to preserve and protect the meaningful, beautiful landscapes of the Chesapeake region. Such policies should include thoughtfully expanding existing parks such as Petersburg National Battlefield, and providing reliable funding for easements on private lands that help protect park wildlife.

- Our national parks serve as outdoor classrooms where history comes to life and lifelong learning takes place. Students can learn about the Civil War while walking across hallowed ground at Harpers Ferry National Historical Park, or explore a forest’s ecosystem while hiking the Appalachian National Scenic Trail. The Administration must support and significantly grow successful service learning and other educational programs so that Americans, young and old, have an opportunity to learn about America’s history and heritage in our national parks and public lands.

- We can already see the impacts of climate change on the Chesapeake region through sea level rise and the intensity of storms. Now more than ever, the Administration must protect and work to connect our Chesapeake landscapes so that plants, wildlife, rivers and streams, and our surrounding communities can adapt to the impacts of climate change.

-Every federal dollar invested in national parks returns at least four dollars in economic activity in local communities. In the height of our country’s economic downturn, visitation to our national parks increased by 4 percent in 2009.  Despite these facts, our national parks are severely underfunded. The Administration should provide our national parks the operating, maintenance, and land protection funds they need to protect these national treasures for our children and grandchildren to enjoy.

- In the Mid-Atlantic’s Chesapeake region, the Land and Water Conservation Fund (LWCF), a  conservation program, has funded many land protection projects. Examples include lands critical to protecting history-soaked landscapes such as Gettysburg National Military Park and Harpers Ferry National Historical Park. The Administration must lead efforts to protect America’s national parks and other public lands by fully meeting authorized funding levels for the Land and Water Conservation Fund (LWCF).

For more additional information on America’s Great Outdoors and the Annapolis listening session, see:

http://www.npca.org/americasgreatoutdoors/

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.

Interactive Summit for Coastal Leaders Planned for Annapolis, Md.

On Monday, April 27, 2009, Maryland Department of Natural Resources (DNR) Secretary John Griffin will welcome hundreds of key coastal leaders to Annapolis for a half day summit entitled “Building Coast-Smart Communities: How Will Maryland Adapt to Climate Change?”

The high-visibility event will take place at the Navy-Marine Corps Memorial Stadium in Annapolis, Maryland from 9 a.m. to 3 p.m.

This interactive summit is designed as an innovative simulated negotiation intended to recreate the decisions facing coastal communities that are vulnerable to the impacts of Climate Change.

“With over 4,000 miles of coastline, we cannot wait to tackle this threat,” said Maryland Governor Martin O’Malley. “Here in Maryland we are aggressively implementing initiatives to reduce greenhouse gas emissions that will provide benefits long into the future; however, we must also ensure our communities are “Coast-Smart” now — ready, adaptive and resilient.”

The simulation will be based on a hypothetical Maryland community that reflects the reality of many of our coastal towns and cities.

Participants will have the opportunity to:

* Witness firsthand how diverse community stakeholders can negotiate agreements to address the challenge of climate change coastal impacts.
* Quickly learn more about the choices communities face as they adapt to risks.
* Learn new negotiating skills, and practice them in a safe environment
* Gain knowledge about other community stakeholders’ viewpoints and concerns

This initial event will create a network of community leaders who can replicate the simulation process in their own community while coordinating and learning from other Maryland coastal communities..

To learn more about the effects of Climate Change in Maryland, visit the Coast-Smart website at http://maryland.coastsmart.org/?page_id=22.

Interested coastal leaders can register for the summit at http://www.zoomerang.com/Survey/survey.zgi?p=WEB228WP55G52L or call 410-260-8743.

On April 24, 2008, Governor Martin O’Malley joined Senate President Thomas V. Mike Miller Jr., House Speaker Michael E. Busch, Lieutenant Governor Anthony G. Brown, to sign legislation to protect Maryland’s environment and the health of the Chesapeake Bay, and help secure Maryland’s energy future.

“We must do all that we can to preserve our natural resources and secure Maryland’s energy future,” said Governor Martin O’Malley. “I want to thank the General Assembly in working together this session to pass legislation that continues to make Maryland a national leader in protecting the environment. With today’s bills, we are creating a sustainable energy policy, securing relief for thousands of Maryland ratepayers through a global settlement with Constellation energy, protecting our environment and helping to restore the Chesapeake Bay for future generations.”

“Maryland ratepayers will see over one billion in liability relief as a result of the hard work during the 2008 legislative session,” said Speaker Michael E. Busch. “The legislation that we are signing today is good for the environment, good for the economy and good for the consumer: protecting the Chesapeake Bay, promoting green technology and reducing energy consumption.”

Governor O’Malley signed into law legislation that updates and strengthens Maryland’s critical areas law to ensure more adequate protection of the most environmentally sensitive and significant lands within Maryland’s Chesapeake and Coastal Bays watersheds.  The Critical Areas law will restore the Critical Area Commission’s regulatory authority to operate with the same authority as every other agency of State government; significantly strengthen enforcement; provide stronger protection of water quality and wildlife habitats; establish new procedures for processing variances; and require updating of the Critical Area boundary — which has not been adjusted since 1972.  The 1984 critical areas law designated all land within 1,000 feet of the edge of tidal waters and wetlands as “critical area.”  Sixty-four local jurisdictions including 16 counties and 48 municipalities comprise land within the critical area.

“Governor O’Malley continues to showcase the leadership that will save our Bay and make our growth sustainable for future generations, “said Lt. Governor Anthony Brown.  “The legislation being signed today will serve as a national example of what states can do to improve the health and sustainability of our environment.”

Among the bills signed today was legislation that secures a nearly $2 billion global settlement with Constellation Energy Group for Maryland ratepayers and families and ends Maryland ratepayers’ obligations for decommissioning nuclear power facilities at Calvert Cliffs, saving Maryland ratepayers $1.5 billion in future costs.  Ratepayers were projected to begin payments of $33 million annually from 2016 through 2036.  As a result of this settlement, Constellation Energy Group will be liable for these costs.  Under the terms of the agreement, Baltimore Gas & Electric residential ratepayers will receive a one-time “rate rebate” of approximately $170 by the end of the year.  This refund amounts to $187 million in rate relief for Maryland’s families and represents a more than 10% reduction in this year’s total bill for more than 50% of all BGE customers – over 580,000 ratepayers.

“Today is a big win for the Governor. He delivered on his promise to the BGE ratepayers and he has laid the groundwork for years of future savings for all citizens through energy efficiency. No one state Governor can stop global energy prices from going up,” said Senate President Thomas V. Mike Miller, Jr. “But Governor O’Malley has done more than any of us thought was possible. I was very pleased that he accomplished all of this while also making great strides in protecting and restoring the Chesapeake Bay.”

In addition, Governor O’Malley signed into law legislation that helps secure our energy future including bills that:

Establish the Maryland Strategic Energy Investment Fund and the Maryland Strategic Investment Program to promote affordable, reliable, and clean energy;

Invest in sustainable energy by increasing the percentage of requirements of the Renwable Energy Portfolio Standard (RPS) to 20% in 2022 and beyond;

Encourages Marylanders to invest in clean energy systems for their homes by increasing specified grant limits under the Solar Energy and Geothermal Heat Pump grant programs, and creating tax incentives for solar energy geothermal equipment, etc.;

Establishes green building standards for new and renovated State buildings and new school buildings;

Establishes the State goal of achieving a 15% reduction in per capita electricity consumption and peak demand by the end of 2015 through the EmPOWER Maryland Energy Efficiency initiative.

Environmental Agenda “Most Forward Thinking in Last 20 Years”

On March 3rd, 2008, Governor Martin O’Malley outlined new initiatives to begin restoring the health of the Chesapeake Bay, and the need for a strengthened critical area law.  Standing on the beach in front of the Phillip Merrill Environmental Center in Annapolis, Governor O’Malley was joined by Kim Coble, Maryland Executive Director of the Chesapeake Bay Foundation and Brad Heavner, State Director of Environment Maryland, among other business, community, and environmental leaders.

“We all recognize that the health of our Bay is at critical crossroads.  In its annual report last year, the Chesapeake Bay Foundation gave the health of the Bay a score of 28 out of 100.  Over the last five years before that the average score was 27,” said Governor O’Malley.  “As One Maryland, we have a choice.  We can continue with the status quo and hope that the health of the Bay begins to improve, or we can take action to strengthen our critical area laws and improve the health of our Bay.”

“The state’s Critical Area Act is a law with the right intention but it has not kept pace with development and is clearly broken. We thank Governor O’Malley for providing the leadership to fix it,” said Ms. Coble. “We also want to acknowledge Governor O’Malley’s environmental agenda this year. Critical Area reform, Energy Efficiency, the Bay Trust Fund, and the Global Warming Solutions Act, together create the most forward thinking agenda we have seen in the last 20 years.”

Governor O’Malley has introduced Senate Bill 844 and House Bill 1253 to update and strengthen Maryland’s critical areas law to ensure more adequate protection of the most environmentally sensitive and significant lands within Maryland’s Chesapeake and Coastal Bays watersheds. The proposed legislation would:

* Restore the Critical Area Commission’s regulatory authority to operate with the same authority as every other agency of State government;
* Significantly strengthen enforcement;
* Provide stronger protection of water quality and wildlife habitats;
* Establish new procedures for processing variances; and
* Require updating of the Critical Area boundary — which has not been adjusted since 1972.

The 1984 critical areas law designated all land within 1,000 feet of the edge of tidal waters and wetlands as “critical area.”  The current 1,000-foot area was identified using 1972 state wetland maps, that are still used today for enforcement and variance allowances by local governments.  Sixty-four local jurisdictions including 16 counties and 48 municipalities comprise land within the critical area.

To prevent houses from being built near the water, the newly updated law will require a 300 foot setback for all new subdivisions in the RCA (Resource Conservation Area) and will require the Critical Area Commission to consider Smart Growth Standards for new growth allocations.  The legislation would also require builders and home improvement contractors to comply with the Critical Area law, and require anyone who builds an illegal structure in the Critical Area to relocate it.

“We need to get serious about protecting the Bay and fix the laws that are good in theory but poor in practice,” said Mr. Heavner.  “The Governor is showing strong leadership on this issue, and I hope legislators are equally up to the task.”

In addition to the Critical Areas law, Governor O’Malley has proposed legislation that would implement the Chesapeake Bay 2010 Trust Fund and permit the State to aggressively promote transit-oriented development (TOD) as a smart growth tool to revitalize communities and curb sprawl.

In the last year, Governor O’Malley has taken a number of actions to help protect the environment and restore the health of the Chesapeake Bay, including:

* Created the Chesapeake Bay 2010 Trust Fund to help restore the health of the Chesapeake Bay;
* Led efforts to improve the Chesapeake Bay, signing laws to improve stormwater management and require phosphorus-free detergent, and accepting regional Forest Conservation Agreement;
* Established BayStat to coordinate public, private, non-profit efforts to save the Chesapeake Bay and its tributaries;
* Created the Climate Change Commission to develop an action plan to address climate change in Maryland and rising sea levels in the Chesapeake Bay;
* Fought for and signed into law the Clean Cars law to clean our air;
* Launched the EmPOWER Maryland Initiative, setting the most ambitious goal in the nation to decrease per capita energy consumption 15% by 2015;
* Fought sprawl and traffic by blocking the massive Four Seasons development on the Bay, fully funding Program Open Space and restoring Maryland’s leadership in Smart Growth;
* Joined the Regional Greenhouse Gas Initiative, working with 9 other states to reduce emissions and fight global warming;
* Boosted renewable energy with a law making solar energy more affordable, and the Clean Energy Schools initiative to put solar panels on schools;
* Helped farmers protect the land by keeping farming profitable, investing a record $8 million in cover crop programs and tripled annual budget for MARBIDCO and agricultural innovation; and
* Passed the Oyster Restoration Act to restore oyster population of the Bay.

The following upcoming public meetings are related to Chesapeake Bay issues.

Working Waterfront Commission Meeting

Wednesday, February 20 at 6 p.m.

Maryland Department of Agriculture, Room 110

50 Harry S. Truman Parkway in Annapolis (Anne Arundel County)

Communication Towers Construction Public Information Meeting

Wednesday, February 20 at 7 p.m.

Smallwood State Park, Marina Services Building

2750 Sweden Point in Marbury (Charles County)

The meeting will offer information and public comment opportunities regarding construction of communication towers for use by the Natural Resources Police, Maryland Park Service and other state agencies at the Nanjemoy Natural Resources Management Area and Smallwood State Park.  For additional information contact Neal Welch at 410-260-8409 or nwelch@dnr.state.md.us.

Sportfish Advisory Commission Meeting

Monday, February 25 at 6 p.m.

Tawes State Office Building, C-1, 580 Taylor Ave. in Annapolis (Anne Arundel County)

Virginia Council of Angling Clubs provides Virginia angling club members and the Virginia recreational fishing community immediate access to the latest news and issues related to recreational fishing via the organization’s website at www.vafish.org. Visitors can visit the VCAC news page and also have the option of subscribing to news updates via email.

Interested persons can support the Virginia Council of Angling Clubs by joining your local anglers club and let the officers know that you support the work of the council.