[From the U.S. Government Printing Office, www.gpo.gov]
Coastal Zn Informato Cente OBOU 621~i\IIIiIN .0 87~~nIneae akFo pr 1978~ ~ t ii'y x ~.d<;' v ,, ; Cover: Marshy bank of the pristine Suwannee River, which drains over 10,000 square miles of Florida and southern Georgia Title Page: Phragmites communis, a marsh grass that often grows in disturbed areas Contents Page: Palms, vines, and Spanish moss, Wassaw Island, Chatham County, Georgia For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 Stock Number 041-011-00045-9 COASTAL ZONE INFORMATION CENTER N") OUR NATION'S WVETLANDS AN INTERAGENCY /.?'/ TASK FORCE REPORT U.S. Department of Agriculture Forest Service Soil Conservation Service U.S. Department of the Army U.S. Army Corps of Engineers U.S. Department of Commerce National Marine Fisheries Service U.S. Environmental Protection Agency U.S. Department of the Interior Fish and Wildlife Service U. S. D ~R MENT OF COMMERCE NOAA COASTAL RVICES CENTER Codntdb h Coordinated by the 2234SO U VICESO AVENTE R Council on Environmental Quality 2 234 SOHOSNAEUE CHARLES ON, SC 29405-2413 1978 ~~~~~~~~~~~~~~197 Written by Elinor Lander Horwitz Designed by Allen Carroll __ ~Illustrated by Richard Brown Property of CSC Library *6 ( V 2 - NN Preface ----------------------- V I. Where We Stand ------------------------------------- 1 II. Defining Wetlands ------------------------------------ 5 Kinds of Wetlands ------------------------------------ 7 Formation of Wetlands -------------------------------- 15 III. Wetland Functions ----------------------------------- 19 The Food Web---------------------------------- 19 Wetland Productivity --------------------------------- 21 Wildlife Management -------------------------------- 22 Pollution Control ------------------------------------ 22 A Case Report: The Kissimmee River Canal ---------- 25 Flood Protection ------------------------------------- 27 A Case Report: The Charles River Plan -------------- 27 The Value of Wetlands -------------------------------- 28 IV. Alteration of Wetlands for Agriculture and for Forestry ------ 31 Agriculture in Wetlands ------------------------------- 31 A Case Report: The Prairie Pothole Region ----------- 33 A Case Report: The Mississippi Delta Region (Alluvial Plain) --------------------------------------- 34 A Case Report: Southern Florida -------------------- 35 Timber Production in Wetlands ------------------------- 37 A Case Report: The Mississippi Delta Region ---------- 38 Alternatives ---------------------------------------- 39 V. Alteration of Wetlands for Residences, Transportation, Industry, and Recreation ------------------------------------ 41 A Case Report: Big Cypress Jetport ------------------ 41 Marinas and Vacation Homes --------------------------- 43 Parking Lots and Highways ---------------------------- 45 Industrial Plants ------------------------------------- 46 VI. Today and Tomorrow --------------------------------- 49 Wetland Surveys ------------------------------------- 49 Manmade Marshes ----------------------------------- 51 The Role of Government ------------------------------ 51 The Highest Form of National Thrift --------------------- 54 References --- --------------------------- 56 Appendix A. Glossary ----------------------------------- 59 Appendix B. Federal Agency Functions Relating to Wetlands ---- 61 Appendix C. U.S. Army Corps of Engineers' Public Interest Review and Wetlands Policy and Wetlands Considerations in the Environmental Protection Agency 404 Guidelines -------------------------------- 64 Appendix D. Protection of Wetlands, Executive Order 11990, May 24, 1977 --------------------------------- 67 Photo Credits ----------------------------------------70 mfl Mt. 44 4 24" 9%7y$frAk 2>4 A> 2) 44 "4 .4444'.., �>'�.' ">4444/4" ,<."> 4 4, 4" 7% 'if! tJ'44b"<*< 444Pt 44,44 4.>4 44444'"4 4� 44>44>44 '4*44" 4'"' 244k 4 44 44" 4 4 .4 4 4' .44 >4".,,. "W 4,,, >. "44 '444' .<",.4444"4>. .4 , 44> 44w"> 4" 44 ,4444. 4y'.4444.."'.>" 144'" 444 s"4 4�, 444. "7 """">4 4. .4 ''4>.;' >4.44 "V4 "44 44#44/�14V4. 44.4 42 .4 .'"""" .,< 77)�<�4'" .4" .444" &t. 424> "'4/44" Ar "7""7" " . 4" 444>4444' 44,4 "'>"4w"�- "/44444444 "444 "'4 44 Preface This booklet was written in an attempt to provide tably involve questions of public good as opposed to a broad and balanced review of the status of our private gain and because scientific investigation into nation's wetlands. It was inspired by the widely felt wetland functions is still in its early stages, the issue need for a publication which would provide lay has given rise to emotional overstatement and lavish readers with a scientific, social, and political under- misrepresentation from all factions. standing of our current wetland policies and con- How are wetlands formed? How do various wet- cemns. land types differ? What useful functions do they Widespread public awareness of the importance serve in their natural state? How much wetland of guarding our wetland heritage was stimulated by acreage have we lost? How much do we need? Why Congressional debates on Section 404 of the Fed- have wetlands, throughout our history, been altered eral Water Pollution Control Act as well as by re- or destroyed-and how are we to evaluate alterna- cent state legislation. President Carter's 1977 tive uses? What efforts are currently being made to Environmental Message made wetland protection conserve our wetland resources? Few people today an executive priority and a matter of national pol- question the general concept that our previously un- icy. And yet controversies which have arisen in re- appreciated wetlands should now be protected, but cent years over regulation of wetland areas remain there remain many difficult questions about how incomprehensible to many of the men and women protection and proper use are to be accomplished. whose actions and choices will determine future We hope that this booklet may provide useful back- wetland policy. Scattered newspaper and magazine ground information and a guide to further reading articles on the subject are often misleading. Because on the range of wetland topics now being discussed laws limiting alteration of natural resources inevi- by scientists, legislators, and concerned citizens. Skunk cabbage, New England V A r. 'A V TA / - N 41� -,'7 IA A' '"'A IA, CHAPTER ONE W~here W~e Stand The early settlers on this continent found a land the Mississippi sandhill crane. In a day we can of extraordinary physical beauty and fertility. destroy or modify natural phenomena which evolved Sparkling wild rivers coursed through mature for- over centuries or millenia. But we have learned- ests, the woods teemed with game, and fish thrived and are still discovering, that altering nature often in estuaries and the pure waters of mountain lakes. involves crucial trade-offs. Our sense of pride in To the colonists the abundance of nature seemed the technology that enables us to make the desert limitless. In their efforts to ensure their own survival, bloom and bring forth yearround crops, to run roads the very notion of conservation-as a practical con- over mountain tops, to alter a watercourse, or to cept or as a philosophical ideal-would have seemed build vast international airports on swampland has absurd. Their challenge was to contend with natural been shaken. This is not to say that we have not forces while clearing the forests, taming the rivers benefited from our technology, but we now know with levees and dikes, and hunting wild creatures. that we must balance our economic, social, and en- Today we know that the gifts of clean water, fer- vironmental goals. tile land, and bountiful energy supplies are not in- Over this decade there has grown an increasing exhaustible. Through design, accident, and igno- awareness of the need for making conscious, in- rance, we have polluted our waters and desecrated formed choices about further modification of the our landscape. We have destroyed nonreplaceable natural environment. Inland and coastal wetlands- natural resources and damaged others irreversibly. only yesterday considered useless-are now seen as In our pursuit of food, of homes, of sport, of valuable endangered natural resources. Estimates of feathers for our caps, we have brought a long list of irreversibly altered or destroyed wetlands in the 48 animals to the brink of extinction, including the continental states have already reached 40 percent.' officially venerated Bald Eagle and such wetland- Hundreds of thousands of acres of former inland dependent creatures as the American crocodile and wetlands are now among our most highly produc- alligator, the sea cow, the whooping crane, and tive croplands and timberlands. Many former coastal Cattails and water lilies, Powers Lake, Connecticut marshes and swamps are sites for vacation homes swamps and marshes for use as farmland. In most and marinas. Other wetlands are used as dumping inland areas agricultural motives for wetland altera- grounds. tion still prevail, but along the coastlines, wetlands Evaluating all these uses is not easy. Clearly it is have most often been sacrificed to marina develop- blatantly wasteful to turn a productive wetland into ment, to summer homes, and to industry. The coast a dump. But it is harder to assign relative values to is densely populated: More than one-half the U.S. leaving a wetland in its natural state or using it for population lives in the counties bordering the oceans, luxurious waterfront dwellings. Still more difficult is the Gulf of Mexico, and the Great Lakes, and mil- balancing the values between natural wetland and lions more vacation by the sea. highly productive cultivated farmland. The results With greater affluence and increased population, of past practices, recent scientific discoveries, and the pressures for development of wetlands-for ag- our changing priorities must all weigh in decisions on ricultural production, for highways, for residential how much to conserve of the remainder of our wet- and commercial building sites, for ports, for marinas, land heritage-for the benefit of society as a whole for parking lots, for industries and powerplants and for the use and enjoyment of future generations. which require large quantities of cooling water- We do know that wetlands are vital fish and wild- seem destined to increase. What do we know today life habitats. Two-thirds of the commercially impor- about the structure, functions, and uses of wetlands tant fish and shellfish harvested along the Atlantic in their natural state that can aid in assessing the and in the Gulf of Mexico depend on coastal es- ecological, economic, and social consequences of tuaries and their wetlands for food sources, for further wetland development? How can we work spawning grounds, for nurseries for the young or with and use these resources to our benefit? for all these critical purposes2; for the Pacific coast, the figure is almost one-half.3 Wetlands provide es- sential resting, wintering, and nesting grounds for many species of migratory waterfowl, other water- birds, and many songbirds. They are among the most productive ecosystems in the world. They are im- portant in maintenance of ground water supplies and water purification. Marshes and swamps along coasts, rivers, and lakes protect shorelines and banks from erosion. Wetlands also have the capacity to store floodwaters temporarily and in some instances to reduce the volume and severity of floods. The less tangible values of wetlands may be clas- sified as recreational, educational, scientific, and aesthetic. It is curious that the sight of tall marsh grasses dipping and bending with the wind and the currents have been so little admired until recent years by any except a few naturalists and artists. The poets have offered us images with which we can readily express our wonder at the magnitude of the oceans and the mountains, but apparently they have been defeated by the fact that so few words rhyme with "swamp." Many of us who readily grasp the importance of preserving forests, sand dunes, and lakes for their aesthetic values alone remain blind to the less obvious charms of a healthy marsh bordered by deep yellow marsh marigolds or a swamp in which ospreys nest high in the cypresses. Alteration of wetland areas began in the early history of the country as farmers routinely drained 2 The whooping crane (right), once nearly extinct, is " now carefully protected as an endangered species. Below, a common loon and marsh vegetation at Lake / , Itasca, Minnesota, source: A: of the Mississippi River. ,/ ' r O : : / 1 7 / ~'~I~'.~,~ , I~~~~~~~~~~~~~~~~~~~~~~~~~O ~~~~~V CHAPTER TWO To begin at the beginning, what are wetlands? The is similar to the definition which appears in the Exec- word appears more and more often in newspaper utive order signed by President Carter in May 1977 and magazine articles, but it is only vaguely under- (see Appendix D). It describes wetlands as areas stood by most people. Although "wetlands" has been that are inundated or saturated by surface or ground used by field biologists and duck hunters for at least water at a frequency and duration sufficient to sup- half a century, only recently has it appeared in high port-and that under normal circumstances do sup- school biology texts. Even today it cannot be found port-a prevalence of vegetation typically adapted as a heading in the standard encyclopedias on which for life in saturated soil conditions. Wetlands gen- we rely as easily available sources of information. erally include swamps, marshes, bogs, and similar Is a river a wetland? If a salt marsh is a wetiand, areas. The U.S. Fish and Wildlife Service (FWS) of how about an inland bog? Is that a wetland too: the Department of the Interior is currently conduct- and if so, why? ing a nationwide survey of wetlands that will update Wetlnds re ftendesribe in erm of hatthe one carried out in the 1950's. The FWS wetland Wetlnd are noft.Tey mustcriotbed 'iewedrms dry whand classification system identifies in positive terms alhuhthey mare not. Theyms not aliwedays dry flooded "[the single feature that most wetlands share [as] alyiebthough they seayo mand nth alwandso at thooed soil that, at least periodically, is saturated with wa- Theylie etwen th se andthe and r atthe ter." A "wetland" is then described as "land where mouth of the river or at the edge of the lake or in water is the dominant factor determining the nature low-lying fields, and because they are part of a con- of soil development and the types of plant and ani- tinuous landscape which merges from wet to dry, it mal communities living in the soil and on its sur- is no easy matter to determine precisely where they f ace." 4This new description of wetlands is broader begin and where they end-a matter of concern to than the one used by the two federal regulatory government agencies seeking to regulate wetland use. agencies. The official definition of wetlands used by the U.S. Included within these broad limits is a wide vari- Army Corps of Engineers in its regulatory program ety of lands which are continuously submerged or Sedges border a pond at the Santinoni Preserve in New York's Adirondack Mountains NATURAL CATASTROPHES Wetlands are exposed to natural catastrophes' characteristic of both land and water. These extremes are to a large degree responsible for the development and evolution of many wetlands. Although severe conditions may damage or destroy some wetlands, natural extremes are essential to the existence of others, such as the seasonally flooded bottomlands of the Connecticut River (right). are intermittently inundated by seasonal river flood- tide determine the types of plant life found in a ing or normal tidal action. Most are readily identi- given wetland. These physical and chemical features fiable by the presence of typical emergent vegetation determine the types of vegetation and the wide array -plants which are rooted in the soil but are of fish, mollusks, birds, crustaceans, insects, worms, thrusting through the surface of the water-or by and tiny organisms which find food and shelter in varying amounts of submerged and floating plant the substrate and within the vegetation. If marked life. The depth, duration, chemistry, temperature of alteration of water quality or quantity occurs, death the water, and in coastal marshes the reach of the of plant and animal life or the appearance of dif- 6 Kinds of Wetlands The commonly used designations for different types of coastal and inland wetlands include salt marsh, freshwater marsh, swamp, wet meadow, bog, fen, and pothole. Shallow ponds in which sunlight penetrates to produce emergent plant life are often classified as wetlands. However, in its National Wet- land Inventory the U.S. Fish and Wildlife Service now classifies wetlands accordings to measurable physical features because popular terms categorizing wetlands vary from one region to another. Wetlands may be coastal or inland; they may be located beyond the pulse of the tide or-even though far from the seacoast-they may be tidally influenced. Salt marshes stretch in an almost con- tinuous chain of undulating grasses along the At- lantic coast and are particularly luxuriant in the mid-Atlantic and south Atlantic regions. Salt mar- shes are also abundant along the Gulf of Mexico ferent species testifies to the change of environment, and the coast of Alaska. On the Pacific coast, where Wetlands are located at the interface between the the continental shelf is narrow and the interface of land and water and are subject to extreme natural land and water is steeply sloping and rocky, they are events. Floods, drought, winter ice, high winds, found in relatively isolated areas. Although they ac- waves, violent storms, and hurricanes are important count for less than 10 percent of our total wetlands,5 factors which help shape these ecosystems. In short, saltwater marshes and swamps have recently re- the wetlands have evolved with natural catastrophe ceived concentrated attention from scientists and as a partner. legislators because so often they have been altered 7 The map (above left) shows salt marsh SALT MARSHES and distribution; red areas in south Florida __ ~~~~~indicate location of mangrove swamps.,- MANGROVE SWAMPS ~~~~~~~Above: a young mangrove in a Florida estuary. M A N G R O V E ~~~~~~~~~~~Right: a broad tide creek meanders through a Connecticut salt marsh. / ~~~~~~~~~~~~~In a typical salt marsh of the northeastern coast (below), cordgrass grows at the lowest part of the marsh, and marsh hay occupies slightly higher areas that are less frequently inundated by tides. Blackgrass (which in southern marshes is replaced by other types of rushes) often borders upland areas. Pannes, shallow depressions in the marsh, are bordered by a variety of small broad-leaf plants. Cord~~rass~ Blackgrass Marsdestrye for purposes nlow jde"not in the Salt marshes are vegetated by salt-tolerant plants Marsh hay -~predominantly cordgrass and marsh hay on the east coast. The coarse, high cordgrass grows at the A ~~~~~~~~~~~~seaward edge of the marsh. On the higher landward part of the salt marsh where inundation is less fre- quent, the shorter, denser marsh hay takes over. tide~ -,~ ~ ~~~~g tid Onth es oat ifeen peie f odgas hihcoe vs aea f h suhen at fFlr grow bytheseawit glsswot o th higer da.Themangoveis f grat colgica imortnce marh. al mashe ae aso oud a gratdis It mny-ranhe rot sstm eergs romth hg.hichcn tlrt he umndiuteainity Lof tideoe Magrovswams byrte sealtwate r gls wrton sythem higer ia. Thei "pnrove roos" are areas eologiatmotanchentfo marh. altmarhe ar alo fundatgret ds- ts an-brnchd rot ysem meres romth >,j~ large communities of estuarine and marine organisms * ~~~~~~which feed on the nutrient material released by the bacterial decomposition of mangrove leaves that fall into the water below. ~~~~~~~ ~~~~~~Freshwater wetlands account for over 90 percent of our total wetland acreage.6 Freshwater marshes ~~~~~~~ ~~~~~are most often covered with shallow water. The water level rises in periods of heavy rainfall and ~~~~~~ ~~~~heavy river runoff and recedes during dry periods. face springs, by streams, by runoff from the sur- rounding terrain, by rainwater, or by all of the above. Freshwater marshes may occur inland or ad- FRESHWATER jacent to the coast in low-lying depressions. Marsh vegetation is characterized by soft-stemmed plants, MARSHES ~~~~~~~~~~~particularly grasses, sedges, and rushes. These plants may emerge above or float on the surface, or they Distribution of freshwater marshes (above). may be totally submerged; they include such com- Blue-green color denotes prairie pothole region mon plants as waterlilies, cattails, reeds, arrowheads, (page 14). Below: frost-edged blades of a pickerelweed, smartweed, grasses, and sedges. Wild sedge tussock. rice grows in some northern marshes, and great ex- Commn feshatrmrhpatinld(ef ~~~~~MWI M SWAMPS Northern white cedar (below) and red maple (opposite) are swamp trees of the northeastern United States. The leaves of the red maple (opposite, above) turn a brilliant crimson in autumn. Right: Maryland's Zekiah Swamp. panses of sawgrass are common in Florida. A swamp is a type of wetland which is often waterlogged in winter and early spring but may be quite dry in the summer. Unlike the marsh, which is marked by soft-stemmed herbaceous vegetation, the swamp is identifiable by a predominance of woody plants, including such trees as northern white cedar, eastern larch, black ash, red maple, black gum, willow, and alder in the North and the mid- Atlantic region and water oak, tupelo gum, and bald cypress in the South. In the northwestern part of the 12 country, swamp trees are willow and red alder. Both freshwater swamps and marshes develop in wet up- land depressions, at the edges of lakes and ponds, and along the borders or floodplains of streams and rivers. The bog, a freshwater wetland most common in the northeastern and north-central states, often forms in glaciated depressions known as kettle-hole lakes in forested regions. Because a bog has a very restricted source of drainage and therefore has al- most no inflow or outflow, dead organic matter ac- 13 BOGS 1 / cumulates as peat in layers which are often 40 or nesota, North Dakota, and South Dakota, are more feet deep. Plants which grow in the acid bog shallow depressions ranging in size from less than water include leather-leaf, sedges, and Labrador-tea 1 acre to more than 100 acres. Some potholes hold as well as the rare insectivorous pitcher-plants, sun- water for only a few weeks in the spring or after a dew, and, at the edge of the bog, Venus's-flytraps. heavy rainfall; others are permanent ponds that dry In the North, trees bordering the bog include north- out only during the most severe droughts. The high ern white cedar, red maple, eastern larch, and black productivity of potholes makes these wetlands at- spruce. Sphagnum moss forms thick, spongy masses tractive habitat for migrating and breeding waterfowl on which other plants often root on the surface of and other migratory birds. The pothole area, which bogs. extends into south central Canada, was formed ap- Potholes, which are primarily found in the north- proximately 11,000 years ago as receding glaciers ern Great Plains areas of Montana, western Min- pocked the terrain with shallow basins. 14 4Z ~ .?igo~q ~Flowering bog plants include (clockwise from below center): water willow; the pitcher plant, which consumes insects; rhododendron, a large evergreen shrub; and wild calla. States. Right: a cranberry FormationBOf from New England westward to Puget Sound. As ithe enormous ie caps moved, they scraped the land Wetl ane and seacoast clear of marshes, trees, and all vegeta- tion, creating new peaks and hollows, bays, and low- ~~~~~Pennsylvania.ands. ~fants~ which have been created in as sover the northern part of the count ry00- ta human lifetime, many others took the enormousands of 12,000 years agmoved, the srea level rosthe and new marshes years to develop. The landscape of the east coast as formed at the meeting of sea and land behind barrier we see it today was formed, from the uppermost beaches and islands. Semienclosed estuaries were areas of New Jersey northward, by the glaciers formed where the layering by density of salt- and freshwater flow trapped and circulated sediments plants begin to grow, their roots and rhizomes in- and nutrients and promoted lush plant growth. terweave to form a network which holds the soil Along the unglaciated coastline of the mid-At- deposits firm against the eroding force of the tide. lantic and southern states, even denser and broader Barrier beaches protect the marshes from the full coastal marshes formed because of the relatively flat force of incoming tides and storm waves so that landscape, shallow water, and extensive barrier plants are not uprooted or ground to extinction. beaches and islands. As the sea level rose over the The flushing action of the tides, counteracting centuries, coastal marshes were inundated and siltation from dry land, is an essential physical proc- pushed farther inland, and new vegetation took root ess in maintaining the integrity of coastal marshes. in shallow areas where the sea and land met. If a severe storm washes away barrier beaches, a Coastal marshes continued to form over the dec- delicate balance is upset. ades and centuries, shaped by the contrapuntal On the Louisiana coast where channels have been forces of the movement of earth, water, and wind. constructed, the movement of silt and sediment is The water cycle, by which all waters falling on the impeded and tidal processes are eroding the marshes. continents eventually return to the sea, links man The opposite problem exists where unimpeded silta- and nature in a system in which water, an essential tion eventually turns coastal marshes into barrier for all life, is absorbed, consumed, and released and islands, beaches, and dry land. This change occurs is never lost. It is recycled. in coastal and inland areas protected from the coun- Water moves to the sea by underground flow, terforce of the wind and waters which flush silt, channeled flow, or simply over the land surface, and decayed plant matter, and trapped sediments out to as it moves, it carries soil and eroded rock and other sea. Joppatown, Maryland, was a bustling tobacco materials. Coastal marshes begin to form as silt is port in the 18th century, but as land was cleared and carried downriver or over land to the estuaries, farmed, topsoil eroded into the protected harbor. where freshwater flows into the sea and the penetrat- Today 2 miles of dry land separate the early 18th ing sunlight permits photosynthesis to occur. As century mooring posts from navigable waters.7 -g Waves "~~3~~-TI ~~~~~q U~~~~~~~~~~~ Water is constantly circulated in a sun- / powered system in which water evaporates from the ocean and land and returns to the earth as precipitation. When water reaches the earth, it may immediately evaporate again, or it may be taken up by plants, where it is either incorporated into plant tissues or released to the atmosphere through transpiration. Much of the water quickly enters streams and rivers as surface runoff, some of it fil- ters through the soil to the water table. Wetlands occur where the water table is at or just below the surface. Barrier beaches and salt marshes (oppo- site) form a dynamic ecological complex. The constantly shifting beaches and dunes protect adjacent estuarine wetlands from wave and storm damage. When a severe storm causes a break in the barrier beach, old marshland may be destroyed, but sediments are deposited on which new marshes may form. Tides and currents carry nutrients and organisms between ocean and marshes. 17 / V I ,b 7, 2 r -I a6;. <' - 9-. // - 4W'1 / ;4,, -/ 7 p 9 -p-- A 4<4' f I I -A. CHAPTER THREE 'WetlandFucin An ecosystem is a unit of plants, animals, and have the capacity to transform the sun's energy into their physical and chemical environment in which no food through photosynthesis. This energy, in the one part exists independently of the others. The tidal form of plant material, carbohydrates, fats, and pro- wetlands and the estuary-where a stream's fresh- teins, then becomes available to the entire animal water mixes with the saltwater of the sea-form a world, including people. Although in freshwater distinctive ecosystem in which plants and animals marshes many tender, succulent plants attract fish, exist with each other and with the nonliving environ- ducks, and even deer, generally only about 10 per- ment in a complex system of interdependencies. cent of the waxy, tough cordgrass of the saltwater marsh is grazed directly." Most of the cordgrass falls into the water, where it is broken down into detritus by bacteria and other microorganisms which live in 7he Food Web ~~~~~~~the nutrient-rich waters. In mangrove swamps, the basis of the food chain is the leaf of the mangrove, Within the estuary and the marshes lives a f as- which falls into the water, decomposes, and is cir- cinating diversity of creatures ranging in size and culated by intertidal currents. development from one-celled zooplankton to mi- Energy continues to flow as creatures feed on grant birds and fish; permanent residents such as each other. As detritus is carried through the marsh, oysters, clams, blue crabs, and mussels; land animals it is consumed by microorganisms, by fiddler crabs, which forage at the edge of the water; and even such by the larvae of marsh insects, and by mussels, marine mammals as the dolphin and the manatee. clams, and other creatures which are then ingested All are bound together in a web of energy transfers by even larger animals. The energy from the sun known as food chains. which was harnessed by marsh vegetation reaches The source of the energy needed by all plants and people as we consume the oysters and fish which animals to sustain life is the sun, but only plants feed in the estuary-or their predators which live in Wind-blown "cowlicks" of salt marsh hay 19 The Canada goose and the diamondback 111 terrapin are conspicuous members of 1 the tidal marsh food web. Below: a young green rock crab at the marsh's edge. _ . _ 1 I!MEN - the coastal waters. These substances are trapped in the water circula- The estuary offers a veritable smorgasbord for the tion patterns of the estuary and mixed with other fish which visit seasonally and for those which enter organic nutrients from decaying animal and vegeta- with the tides. Their prey includes the mud-dwelling ble matter. Marsh plants use these chemicals in insects, worms, mollusks, and crustaceans and the combination with sunlight to produce more plant young of other species which use the estuary as a material. In the South, where grasses have a longer nursery because of the abundance of food and the growing season, productivity is higher than in the shelter of shallow water and grasses. As fish and North. shellfish which feed in the estuary swim into deeper The estuary and tidal marshes are extraordinary waters, larger predatory fish await them. Birds also natural systems in which tidal energy circulates nu- find a variety of food in and near the marshes. trients, animals feed on plants and on each other, Hawks sweep the area in search of smaller birds and excess nutrients are washed out to feed the and mice. The clapper rail hunts small fish, fiddler organisms which live offshore. The crop is automati- crabs, insects, and snails in the vegetation along the cally cultivated and stored within the system, re- edges of the marsh. quiring neither human investment nor labor. Inland marshes also teem with life. Red-winged Although naturally occurring marsh crops do not blackbirds nest in cattails and shrubs and fly out, reach the table-with some exceptions like wild rice displaying their gaudy epaulets, to feed on grain, and cranberries-plants of various wetlands con- snails, beetles, and grubs. Foraging herons stretch tribute directly to the human economy. Until recent their long necks to snatch fish, frogs, or small crus- times, marsh hay was harvested by farmers, and to- taceans swimming about in the shallow waters, and day it is still cut and used for mulch in some areas kingfishers watch at the water's edge. Raccoons, of the country. Other marsh grasses are used in which like people will feast on either plant or animal chair caning and basketmaking. Peat and sphagnum matter, prowl the marsh at dusk. Newly hatched moss for agricultural and garden use come from ducklings take to the water where they conceal bogs. Reeds have been used as bedding and thatch- themselves from predators among the bordering ing material in other countries. Valuable timber, plants. particularly bald cypress, tupelo, and northern white cedar, grow naturally in wetland areas. A primary measure of wetland productivity is fish yield. Of the 10 fish and shellfish most valuable ~~~~~W e tld~and ~ commercially-shrimp, salmon, tuna, oysters, men- haden, crabs, lobsters, flounders, clams, and had- '~~~~Productivity ~dock-only tuna, lobsters, and haddock are not estuarine dependent." The highest-ranking com- mercial species in terms of quantity is menhaden, a The species which feed in estuaries and tidal wetland-dependent fish valued not for human con- marshes inhabit one of the most extraordinarily sumption but for its oil, which is used in tanning fertile of all environments. Studies of Georgia salt l tin t fris , ic s ad sa leather, in paint and varnish, insect spray, and soap, marshes by ecologist Eugene Odum show that they marshes by ecologist Eugene and in fertilizer, animal feed, and fish food. The produce 10 tons of organic material per acre per produce 10 tons of organic material per acre per average annual harvest of menhaden for the 5 years year, a figure that Odum compares with our most 1969-73 was 1.9 billion pounds. 1969-73 was 1.9 billion poundsl fertile hayfields, from which we harvest only 4 tons annually.9 Odum has found that the estuaries pro- Figures on wetland-dependent fish yields have duce fully as much growth as tropical jungles and been the subject of numerous studies. The Georgia 20 times as much plant material (biomass) as the Game and Fish Commission estimated the per acre open ocean.'0 yield of freshwater wetland fish at 75 pounds." In Grasses grow abundantly in the tidal marshes Connecticut's marshy Niantic River, the annual where they are constantly supplied with nutrients scallop harvest is 15,000 bushels, amounting to 300 which are circulated, recycled, and retained. As pounds per acre per year, which exceeds the beef freshwater flows from land to estuary, it carries yield on excellent grazing grounds.'4 minerals from eroded rocks, from fertilizer, and Wetland productivity also includes waterfowl. from leaves and other garden and urban debris. The offspring of the 10-12 million ducks that breed 21 by techniques which provide habitat for individual species requiring individual attention. Although the stereotyped view of conservation is that the physical environment is to be left strictly au naturel, those involved in managing wetlands seek to control or alter some conditions in order to frotect specific fauna or flora or to improve the overall diversity and productivity of many wetland areas. Wildlife management techniques include special plantings for additional food and cover, construction of boxes and artificial islands for nesting where predators have less access, and more aggressive modifications of the environment, such as creating artificial potholes and open water areas in shallow marshes dominated by reeds and cattails or manipulating water levels in marshes to encourage fish and wild- life reproduction and growth of "desirable" plant and animal foods. Previously drained marshes and bottom land forests have been restored to create habitat for waterfowl. Managers of publicly owned wetlands often manage them to attract migratory birds for observation by birdwatchers, naturalists, and the general public. In the unique San Simon Cienaga wetlands in the midst of the New Mexico desert, a number of wildlife management techniques have been employed to enhance production of the Raccoon Mexican duck. In many National Forests, such as the Chippewa National Forest in Minnesota, the U.S. Forest Serv- ice also reports success with fish population in- creases in artificially controlled fry-rearing nursery annually in the 48 conterminous states are direct areas. Habitat enhancement at Maryland's marshy products of wetlands and other aquatic areas. Some Blackwater National Wildlife Refuge has currently 60-70 percent of these waterfowl breed in the prairie increased the number of visiting Canada geese from pothole region alone.'5 Millions of other water birds 5,000 a few decades ago to 100,000 during the No- and shore birds are also dependent on wetlands. vember peak.'6 Fur-bearing animals are also a part of the produc- tivity of wetlands. Raccoons, muskrats, and nutria are trapped for their pelts and in some parts of the country are valued as food sources as well. Pollution Control There is general recognition of the fact that wet- WWildli~~~~f~~fe ~lands are vital to fish and wildlife. A subject of livelier debate and growing intensity is how wet- lands function as pollution filtration systems and as Management iei dbt n rwn nest h e- natural flood control mechanisms. The implications of current scientific findings for these subjects are of great interest to ecologists, planners, and en- Today experts in the field known as "wetland gineers. management" attempt to increase wildlife produc- The role of wetlands in reducing the pollution tion not only by conservation of wetland habitat but levels in water has recently become one of the most 22 compelling arguments for their preservation. Because week, vegetation takes up the nutrients, natural wetland ecosystems hold nutrients, they simultane- filtration through the sand removes remaining pol- ously act as a pollution filtration system. Water lutants, and purified water seeps slowly into the arriving from such "point" sources as waste water aquifer or ground water supply. There are no figures treatment plants and from such "nonpoint" sources yet on measurable increases in tree growth resulting as runoff from agricultural fields and city streets from this extraction of nutrients, but enhancement carries a high level of pollutants, particularly excess is expected. levels of nitrogen and phosphorus. As the water cir- At the Brookhaven National Laboratory an arti- culates through a wetland, the plants take up and ficial marsh-pond system is being used in an attempt use these pollutants as nutrients. to solve Long Island's two biggest problems-sew- A study by the Georgia Water Quality Control age disposal and water supply. The system treats Board of Mountain Creek, a tributary of the Alcovy 20,000 gallons of sewage daily from the town of River, showed that water heavily polluted with hu- Brookhaven. There is no problem of odor, and man sewage and chicken offal was designated clean there is a notably thriving plant, fish, and shellfish after passing through 2.75 miles of swamp forest."' population. After natural filtration, the cleansed A study of the Tinicum Marsh, located a few miles water can be used to recharge ground water sup- from the Philadelphia airport, measured pollutants plies.20 in the broad tidal creek which transects the marsh The capacity of a marsh to use pollutants for both before it overflowed its banks into the marshes healthy plant growth is not unlimited, however. If a and again when the water returned to the creek wetland is overburdened by pollution, it will even- after draining for 2-5 hours. Chemical and bacterio- tually be severely changed, particularly if the waters logical samplings indicated that the marshes sig- are contaminated by toxic substances or poisons such nificantly improved water quality by increasing the as pesticides, heavy metals, and industrial chemicals. oxygen content and by reducing the nutrient load.'8 Many of these manmade poisons enter the food The natural capacity of wetlands to recycle pol- chain and may be passed on to people. Organic pol- lutants while stimulating plant growth is being stud- lutants can also reduce fish and shellfish harvests, ied in a carifully controlled experiment in as was noted on Long Island when runoff from Gainesville, Florida. There treated sewage from a commercial duck farms so altered the chemistry of secondary treatment plant is being routed through the nearby estuary that plant life deteriorated and two pond cypress domes, a freshwater wetland eco- oyster production markedly decreased.2' system.'0 The study showed that when treated sew- Interest currently centers on the role that river age is added to the domes at the rate of 1 inch per marshes play through their filtration function in A male wood duck. Wood ducks have profited from widespread installation of nesting boxes, which provide protection from natural predators, including the raccoon. 23 EUTROPHICATION Eutrophication, a natural aging process in lakes, may be accelerated by pollution. In a natural situation, nutrients entering the lake from upstream and from surrounding uplands support a slowly evolving system of plants and animals. Sewage, fertili- zers and other pollutants increase the nutrients entering the lake. As the growth of algae and other plants increases, oxygen levels go down and fish die. Sedimentation allows aquatic plants to take over, and the lake becomes a wetland. protecting lakes from accelerated aging. In the na- tural and normally slow aging process, lakes ac- cumulate nutrients and sediments and become so shallow that plants grow and emerge through the surface. When a lake accumulates excess quantities of nutrients through natural or manmade causes, the aging process is accelerated, as evidenced by increased turbidity and the growth of algae. Oxygen levels in the water drop and fish die. The water often develops an unpleasant taste and a distinct odor, and it loses its aesthetic quality. During the eu- trophic stage, the lake becomes so rich in nutritive compounds, especially nitrogen and phosphorus, that the algae and other microscopic plant life be- come superabundant, thereby "choking" the lake and causing it eventually to become a wetland. 24 Eutrophication may be accelerated by contaminated Before the lower Kissimmee River runoff or by waste treatment plant discharges. was channelized in the 1960's ,. But when the marshes are left relatively undis- the river and its wetlands slowed turbed, nature captures and recycles nutrients and and filtered water flowing into keeps the marshes working; the result is healthy riverinechannelized, polluted water plant growth. One recent finding is that eiverine he pltead water marshes take up nitrogen and phosphorous, trap- ated its leu atn This ated its eutrophication. This ping them in plant tissue during the summer and in turn endangered south fall, then withholding the nutrients when excessive Florida's drinking water suppLy algae blooms are likely to occur. The nutrients are which comes from Lake released with high spring waters and storm surges Okeechobee. well before the algal blooms appear. The high waters and increased stream flows dilute the nutri- ents, making them less accessible to nuisance plants.a r A CASE REPORT: The Kissimmee River Canal Only yesterday-before the importance of wet- lands in controlling pollution was recognized-few people questioned a decision to destroy river marshes in an effort to prevent flooding of urban or agricultural areas. Lake Okeechobee acts as a massive reservoir in south central Florida. An im- portant site for commercial and sport fishing, the lake supplies drinking water to the southern part of the state during dry seasons. In the mid-1960's the slowly meandering 100-mile Kissimmee River, which flowed south from Lake Kissimmee to Lakee Okeechobee, was transformed into a 50-mile straight-cut canal at a cost of $30 million. In 1976 the Florida Legislature adopted the Kissimmee River Restoration Act,23 which may result in re- placement of the 70 million cubic yards of earth Former Kissimmee removed when engineers changed the winding river river bed into a 30-foot-wide-by-3-foot-deep channel. The legislature did not spell out what it meant by "res- toration," and a number of alternate plans are now Canal C-38 being drawn, but it is generally agreed that as the canal now functions, it will gravely endanger drink- ing water quality in southern Florida by contribut- ing to the accelerated eutrophication of Lake Okee- chobee. How did this happen? What went wrong? Southern Florida suffered severe flooding in 1947 L and 1948. In the late 1950's when the plan was without benefit of the former pollution removal serv- formulated for Canal C-38--the project designation ices of the marshes. --the canal was viewed as a routine flood preven- Lakes in southern regions are particularly sus- tion measure designed to move the maximum ceptible to eutrophication because of factors which amount of water quickly, efficiently, and economi- cannot be controlled--warm temperatures, high light cally. Those who protested the plan were not water intensity, and a long growing season. A 1972 report quality experts but naturalists who deplored the de- by the University of Miami on the Kissimmee-Okee- struction of a beautiful winding river and predicted chobee Basin concluded that the canal was a major loss of wildlife. The Fish and Wildlife Service of factor in accelerated lake eutrophication, with re- the Department of the Interior recommended against sultant water quality deterioration, and it recom- the plan because of the fine bass fishing along the mended halting the discharge of all waste materials river and the large duck population in the river into the basin and developing a plan for reflooding valley. Flood control seemed more urgent than the the marshes of the lower Kissimmee Valley. The future of bass and wood ducks and the project was report estimated that a 1,500-acre marsh can use approved and completed. nearly all the nitrogen and one-fourth the phos- Before channelization the winding course of the phorus contained in the effluents from sewage river and its 45,000 acres of wetlands slowed and treatment plants serving a community of 62,000 filtered the passage of water on its route to Lake people.24 Okeechobee. In periods of heavy rainfall, waters Plans to restore the Kissimmee River and marshes were slowed even more as they overflowed a 1-mile vary in their assessments of financial and engineer- broad, flat floodplain. After channelization the ing feasibilities. But it is hard to find anyone in- floodplains, protected from overflow, were devel- volved who looks with pride on Canal C-38, con- oped for farming and cattle grazing in this pre- structed only a decade ago when nearly everyone dominantly agricultural area. In periods of heavy thought that wetlands in marshy, swampy southern rainfall, runoff from these grazing lands was now Florida were the most expendable of all environ- sped into the canal and down to Lake Okeechobee ments. 26 Wetlands frequently play an important role in areas, two survived undamaged-they were located natural flood protection. The preservation of below a large cranberry bog preserved by The Na- wetlands upstream from developed areas (1, t u e Cnrvcy2 opposite) provides overflow areas where floodtueCnrvcy6 waters will do little damage. The wetlands In addition to slowing the rush during storms, reduce the severity of floods (2) by allowing swamps, marshes, and bogs serve secondary pur- floodwaters to spread out, by slowing their poses as well. They are often compared to sponges flow, and by temporarily storing water. Thus which "absorb" great quantities of water, but many downstream floods may last longer, but they ecologists find this comparison misleading except in will peak at lower levels. If wetlands areas the case of sphagnum mosses or certain types of are filled and streams are channelized (3), Everglades peat which do in fact absorb and hold flood waters will flow unimpeded to down- large amounts of water. stream areas (4), often causing severe damage One of the most vital hydrological functions of from high velocities and flood heights. wetlands is detention storage. At times of heavy rainfall, water flows into the marshes which overrun their margins onto a wide area of land. There the water is retained for slow release into streams; sometimes it percolates into aquifers to increase ground water supplies. It has been estimated that 1.5 million gallons of water are placed in storage with a 6-inch rise in water level when rain water is captured in a 10-acre wetland.27 Flood ~~~~~~~~~~~Flood control projects, many of them carried out Flocxil ~~~~~~~~~under federal programs for watershed improvement, mimic nature by creating artificial impoundments for Protection ~~~~~~~~ the detention of water. These reservoirs are often designed for recreation as well. There is no question Only in the past decade or so has the role of wet- that wetlands do not make the best swimming pools, lands as storm buffers been understood. A flood but they do offer their flood control services free of may be less destructive when marshes and swamps charge, and at the same time they perform many slow velocity and desynchronize peaks of tributary other valuable functions. streams as the waters flow through their impeding vegetation and into the main stream. Their action reduces the flood peak along the main stream al- A CASE REPORT: though it may lengthen duration of the flood. One hydrologist likens wetlands to artificial r- grass: The Chnarles Let's say you have a long strip of astroturf and you tilt it up at one end and pour RvrPa water down it. The astroturf isn't absorb- R v r P a ent; it doesn't actually take up any of the One of the most innovative practical applications water. But the water weaves in and out of current findings about wetland functions is the through the "grasses" as it goes, and it Charles River plan. Although some people still be- takes a long time to get to the bottom. If lieve that engineers automatically insist on altering you then use a sheet of something like natural systems so that they can get on with their aluminum and tilt that up and pour water construction, the Corps of Engineers is responsible down it, the water runs right to the bot- for devising the simplest yet the most innovative of tom very quickly.'2' plans for natural flood control in the Massachusetts The capacity of wetlands to control flooding was Charles River watershed. dramatically demonstrated during severe storms in The plan involves acquistion of some 8,500 acres eastern Pennsylvania in 1955. Although many of wetlands within the Charles River Basin for the bridges were washed out over streams in developed purpose of preserving their natural flood storage 27 capacity. Additionally, the recreational and fish and Corps study recommended federal acquisition of wildlife benefits of the wetlands are to be preserved. 8,500 of these acres in 17 crucially located valley The plan is expected to offer a permanent solution sites to be kept perpetually in their natural state. to the problem of inevitable flooding in areas where "The logic of the scheme is compelling," said the population pressures are leading to rapid develop- Corps final report in 1972: ment. ~~~~~~~~~~~ment. ~Nature has already provided the least-cost The 5-year study which resulted in this engineer- solution to future flooding in the form of ing design was begun in 1965 when the Congress extensive wetlands which moderate ex- directed the Corps of Engineers to develop a plan treme highs and lows in stream flow. for controlling flood damage along the entire length Rather than attempt to improve on this of the meandering 80-mile river in eastern Massa- natural protection mechanism, it is both chusetts. The lower part of the river travels through prudent and economical to leave the hy- highly urbanized Boston and Cambridge and empties drologic regime established over the mil- into a harbor which at high tide has a water level lenia undisturbed. In the opinion of the higher than the river. In this city of few undevel- study team, construction of any of the oped absorption areas, the result is damaging flood- most likely alternatives, a 55,000 acre- ing of roads, basements, and subway tunnels. Be- foot reservoir, or extensive walls and cause Boston's once extensive Back Bay marshes dikes, can add nothing.28 are now entirely filled and the river's floodplains effectively walled, high water has nowhere to go The plan, known as Natural Valley Storage, is except up. Flooding in the area was a direct result now in its "construction" phase-which translates of urbanization, and the only apparent solution was into gradual acquisition of the wetlands, currently to replace an old, inefficient dam with one with in 525 separate ownerships. Although direct pur- facilities that could pump out the tidal water. chase is required for most federal flood control lIn studyingp the middle and upper watershed, projects, in this instance some landowners who wish however, Corps engineers discovered that although to may retain title to their lands while granting the previous floods had severely damaged the Boston- government restrictive easements that will ensure previous floods had severely damaged the Boston- rentoofheldintsaualtt. retention of the land in its natural state. Cambridge area, little damage of any sort had oc- eei e and in t ate curred in the less developed middle and upper parts The Kissirnmee River canal, designed in the late of the Charles River watershed where there never 1950's, was a conventional solution to a common- had been any flood control dams. place flooding problem. A decade later the Charles It was in 1968, while the studies and measure- River plan was based on new insights in the field of ments were still being made, that in 2 days a storm hydrology and on new sensitivity to environmental alteration. added 7 inches of rain to the quantities of water alteration. from melting snow. Engineers noted that although runoff from the lower area of the river crested at the old dam within hours, the upstream crest took The Value of a full 4 days. The Corps had already estimated that Valu f channelizing only a 10-mile stretch of the river would cost $30 million and had indicated the inesti- mable damage to the beauty and ecological integrity Wetlan of the river. The movement of water during the re- cent storm convinced them that the Charles River In its study of the Charles River Basin, the Corps watershed had escaped a flood problem because a of Engineers tagged the annual flood control bene- natural flood control system was functioning- fits of the Natural Valley Storage Plan at $1,203,- beautifully. 000--"the difference between annual flood losses Within the Charles River watershed there are based on present land use and conditions" of the 20,000 acres of undeveloped wetland amounting to 8,500 acres of wetlands and "those associated with 10 percent of the entire drainage area. At times of projected 1990 loss of 30 percent of valley stor- high water, these wetlands absorb the water and age." 29 release it slowly after the floodwaters recede. The It is difficult to quantify the value of wetlands, 28 and attempts to do so generate considerable dis- South Atlantic and Gulf coast marshes and es- agreement, but because alternative approaches to tuaries32 Odum based his mathematical calculations engineering problems are often judged today by on the annual income per acre for commercial and cost-benefit comparisons, such financial estimates sport fisheries, on the potential for aquaculture de- are now common. Today a number of ecologists are velopment and for waste assimilation, and on the attempting to apply accounting procedures to wet- total life support value (which is based on gross lands, making financial evaluations of the services primary production). Odum would be the first to which wetlands perform in their natural state and say that his analysis of the worth of natural systems urging that the figures be seriously considered in is oversimplified but that it is a beginning. decisions on uses of water resources. Individual and socioeconomic considerations are Most quantifiers have concerned themselves solely always a part of determinations on how best to use with wetlands functions. Placing a dollar value on natural resources. For the owner of property, the purely aesthetic delight may seem impossible to decision to convert a marsh into agricultural land many scientists who feel on surer ground pricing or building sites invariably includes an economic wetlands in relation to damage projections or to choice. However, society has a stake in this choice the known commercial values of estuarine-depend- because wetlands are a part of the aquatic system ent shellfish, for example. which impacts on the lives and properties of more Not everyone agrees. Ecologists debate and dis- than the individual property owner. When wetlands pute the figures put forth by other ecologists. Econ- are voluntarily retained in their natural state, finan- omists challenge methods and results. Meanwhile, cial return is often sacrificed. Benefits which are of- the dollar signs continue to appear in the literature. fered to society at large in the form of waterfowl On the basis of present market value, the timber and fish production, flood control, or antipollution productivity of Georgia's Alcovy River system is values do not bring measurable return to the individ- estimated at $1,578,720 per year, or $686 per acre. ual property holder. However, some wetland owners Purely as a sediment accretor, the Alcovy River may be able to realize a financial return through the Swamp is valued at over $3,000 annually and the use of the beneficial values of wetlands in connec- river's 2,300-acre swamp ecosystem at $1 million tion with an economic activity such as forestry annually, for water quality alone.3o through government or other acquisition plans A University of Massachusetts team has devel- which exist for conservation purposes-or they may oped a complex system for quantifying the value of be eligible for programs which involve financial freshwater wetlands.3' In Massachusetts and in a compensation, such as the U.S. Department of Ag- number of other northeastern states, local conserva- riculture's Water Bank. Assigning economic values tion commissions of lay citizens are empowered to to wetland functions helps society realize the value regulate the use of wetlands and, in some instances, of marshes and swamps, which Dr. Odum suggests to acquire land deemed important for conservation. may then be preserved by government purchase, by The University work was undertaken to assist these tax relief, or by payment to owners in return for state and local agencies in deciding whether to per- nondevelopment. Others see the primary safeguard mit destruction or alteration of specific wetlands in against extensive future loss of wetlands as com- their areas. A rating system was devised, based on prehensive and enforcible state and federal regula- a number of criteria, including importance in main- tions based on an understanding of the importance taining water supplies, wildlife values, and recrea- of wetlands to the aquatic ecosystem. This view is tional and aesthetic or "visual-cultural" values. based on the principle that society has the respon- With this system and some dollar equivalents, spe- sibility and right to protect water, including wet- cific wetlands can be compared. For example, the lands, from destruction and degradation for the study assigned a value of $60,000 or more per acre common good and that landowners are not guar- for those wetlands that have a high water supply anteed the privilege of making a maximum profit potential. from their land if it involves the irreparable loss of Other frequently cited quantifications are those of a part of the nation's aquatic resources to the detri- Eugene Odum, which place monetary values on ment of all. 29 4 A. 4 I L - 4- 4 'p 1< I -- A AlTERATION OF WETLANDS Wetlands have been altered to favor nearly all forms of human land use, including industry, V ~~~~housing, transportation, agriculture, and recreation. Alteration methods include dredging, filling, bridging, drainage, and construction of dikes and levees. Slightly over one-half of the soils classified as wet which are now under cultivation fall into the Agri- culture Department's land capability class II- which is generally referred to as "prime farmland" -and the crops grown on these lands and other prime agricultural lands account for a significant part of our agricultural production. Some of our most productive agricultural lands are located in U.S. cropland.35 It is important to recognize that Ohio, Indiana, Iowa, Missouri, and the lower Mis- "4wetlands" as defined for regulatory purposes-30 does sissippi River alluvial plain. They were once too wet not include many areas classified as having a wet- for any sort of cultivation. But not all wetlands are ness condition. suitable for agriculture, and the history of drainage The most important crops grown on the drained projects is studded with disaster. Some land never soils are corn, soybeans, cotton, peanuts, tobacco, could be adequately drained; on other land seasonal feed grains, and wheat. A few specialty crops- river floods continued to destroy crops; and often mint, cranberries, and wild rice-grow in undrained the soils, once drained, proved too acid or too salty wetlands, although dikes are used for artificial con- or were subject to subsidence and flooding, result- trol of water levels in rice and cranberry farming. ing only in environmental destruction and economic Drained or partially drained wetlands are also used loss. for pasture land and for tree farms. The Depart- Today the sciences of soil analysis and hydrology ment of Agriculture has subsidized both wetland have reached a level of sophistication which makes drainage and farm pond construction for almost half prediction possible, but much of this knowledge is a century, enabling and encouraging farmers to re- recent, and the trial-and-error approach to agricul- move water from cultivated or potential crop areas tural drainage is not totally a thing of the past. The where nature inconveniently supplied it and to place " cat-clays" of the southeastern coast and the gulf it on lands used for grazing or other purposes. coast and the high-salt soils of the West are fre- Many of these over 2 million ponds have borders quently cited examples of poor agricultural mate- of wetland vegetation. rials. Although rice has been grown in diked 32 CHAPTER FOUR for Arclueand for Frsr ments was opened in Seneca County, New York. By 1880 there were 1,140 tile factories in the United Wetlands InOheo3 19th century a number of favorable laws and subsidies further encouraged development of Although the informed farmer of today may be wetlands for agriculture. The Swamp Land Acts of aware that draining wetlands has become controver- 1849, 1859, and 1860 gave 65 million acres of wet- sial on both practical and idealistic grounds, the lands owned by the federal government to 15 states industrious pioneers who first cleared the land were for reclamation.34 In the 1930's the federal govern- confident that doing so was just sound practice. In ment's role in land drainage was accelerated through the European countries from which they had em- the emergency public works programs. More re- migrated, no one questioned the wisdom of turning cently, with the organization of new federal financ- as much of one's "wasted" acreage as possible into ing agencies and expansion of work by existing useful cropland. agencies, the functions have broadened. Much of In 1763 George Washington was among those the effort has been directed to improvement and assigned to survey the Dismal Swamp area of Vir- renovation of existing drainage systems. ginia and North Carolina for purposes of reclama- Soils having a wetness condition are identified in tion. Drainage projects of ambitious scope were the Soil Conservation Service's land capability clas- undertaken in Delaware, Maryland, New Jersey, sification system. On that basis 40 percent of all Massachusetts, South Carolina, and Georgia. Early soils on nonfederal lands having wetness conditions attempts to reclaim wetlands for agriculture were are used for cropland. These soils account for 24.4 made by digging small open ditches, but in 1835 percent of total U.S. cropland. Only 24 percent of the era of modern agricultural engineering began soils on nonfederal lands with severe wetness condi- as the first factory for making clay tile pipe seg- tions are so used, accounting for 9.4 percent of total Cottonwood is harvested in a seasonally flooded area at Huntington Point, Mississippi. 31 southern Atlantic and gulf marshes for years, many of these marshes were drained for other crops. Only then was it discovered that many of these dried soils along the Atlantic coast developed high concentra- tions of sulphuric acid and were totally unsuited to agricultural production. Some drained marshes in western states contained such damaging concentra- tions of salt that they required extensive flushing, creating salinity problems downstream. The most concerted efforts in draining wetlands for agricultural purposes over recent decades have been in the Mississippi Delta, the prairie pothole region, and the Florida Everglades. The alluvial areas of the Mississippi River Delta region and the pothole region have proven excellent for the cultiva- tion of two of our most valuable commercial crops -soybeans and wheat. In southern Florida, how- ever, where a wide variety of vegetables is grown on former swampland, farmers have discovered that they are cultivating a rapidly disappearing resource. A CASE REPORT: The Prairie Pothole Region Fertile prairie potholes can sometimes be con- verted to excellent agricultural land-but at the sacrifice of an important wildlife resource and of natural retention storage basins. Hunters were among the first people to protest the farmers' turn- ing potholes into cropland as they watched duck populations decline. In the 4 years, 1964-68, an estimated 125,000 acres of potholes-which were prime duck nesting wetlands-were drained in Min- nesota and North and South Dakota.37 In the 1950's, 64,000 potholes covering 188,000 acres of wetlands had been converted to farmland.38 Water storage in potholes directly benefits the farmer as well as wildlife because they act as reser- voirs during dry periods, when water supplies are critical to the farmer's own grazing cattle. In wet years their storage capacity also helps prevent down- stream flooding. But draining the potholes continues because it offers economic returns and because the single-crop farming which developed after World Mint is one of the War II uses large, specialized equipment which is few commercial crops difficult to maneuver and which may become stuck grown in wetlands. 33 in wet areas. Ecologists urge that farmers leave their potholes undrained and plant them with wheat dur- ing dry seasons while permitting them to fill with water in wet years, Again because of financial in- terests and difficulties in moving the heavy farm equipment, this method of "farming with nature" is practiced to only a limited extent. A CASE REPORT: The Mfississip DetaRegion (Alluvial Plain) In the 24 million-acre Mississippi Delta region drainage and agricultural development have closely paralleled flood control measures in the river. The first Mississippi River levee, completed in 1726, was intended to protect the city of New Orleans. By 1800 many more levees had been constructed, and land clearing and drainage projects were underway up and down the river; flood protection made crop production on riverside farms feasible. Attempts to cultivate undrained acreage were also made, but often the crop was lost to excess water. Until the RECLAMT I O N~ first farm machines were introduced just before World War I, ditches were dug by hand, first by OF WETLANDS slaves and later by immigrant labor. In the depres- sion years of the 1930's, subsistence farming, ac- complished almost entirely by family hand labor, again took over and supplanted earlier attempts at Wetlands can be altered for agricultural mechanized farming in the Mississippi Valley. use in several ways. A series of ditches Although cotton was always the traditional cash eliminates standing water and lowers the crop in the Delta, in the 1960's soybeans suddenly water table. This method is also used for became an internationally important commodity. mosquito control. Other methods include All along the wet bottomlands of the Mississippi construction of levees and the use of Delta, wet forests were cleared and drained and fill. Levees and fill may increase flood soybeans planted. Almost I million acres of wet heights (page 26). soils were drained in this region between 1959 and Oppsit: swgrssand parched soil during 1 964.39 Many of the drainage ditches were rudi- theosdre seasowg ria'sEvrlds. mentary, but farmers made do until they became Diversion of water flowing southward from Lake eligible for improved drainage assistance from the Okeecho bee has worsened the dry periods, Department of Agriculture after 2 years of crop reducing wildlife populations and increasing production. Specialized land clearing machines, danger of large fires. which were introduced only after World War II, 34 made clearing the flat bottom lands easy and inex- pensive. Unlike cotton, which must be planted in the spring, soybeans are a short-season crop which can be sown after river levels go down in early summer. To the farmers in the Delta, this meant that soy- beans, unlike cotton, could be grown on formerly "useless" riverfront land and on less profitable for- ested wetlands without extensive drainage. These highly fertile, wet alluvial soils-considered unsuit- able for agriculture when "agriculture" meant sim- ply cotton-could now be farmed so profitably that the return on 1 year's crop paid for clearing the land. Soybean farming on former wetlands became an economic bonanza. In a 1969 study of an extensive densely farmed Mississippi Delta area, it was found that cropland had increased from 41 percent to 57 percent since 1950 while forest land decreased from 48 percent to 31 percent; 200,000 acres of bottom land forest had been cleared annually for agricultural production.40 Although massive alteration of wet forest and grazing lands in the lower Mississippi Valley has brought about ecological change and concern about declining timber resources in the area, soybean farming has proven so profitable that it is likely to continue. Of the 10 Farm Production Regions* listed by the Department of Agriculture, the Delta states far exceed the others with 50 percent (10 million acres) of their total cropland on wet soils.4' A CASE REPORT: Southern Florida When Florida joined the Union in 1845, one of the first acts of the new legislature was to commis- sion surveys of the vast Everglades region to deter- mine its potential for conversion to agricultural land. Southern Florida is extraordinarily flat, sloping southward only 2 inches per mile; water travels from north to south at the rate of only one-half mile per day. Rainfall is seasonal, with 75 percent oc- curring between May and October. In wet years the south bank of vast Lake Okeechobee overflowed, sending thin sheets of water down over the Ever- *Appalachian, Corn Belt, Delta States, Lake States, Mountain, Northeast, Northern Plains, Pacific, Southeast, Southern Plains. 35 glades, flooding the land, and recharging the shallow SALT- aquifers of the southern part of the state. Engineers of the 19th century understood this natural pattern WATER and considered it both regrettable and remediable. Th~INTflRUSflTTW NY~LT ~In 1881 the first drainage projects began, involving INTRUSION construction of canals to speed water from the lake out to the Atlantic Ocean. The flow of freshwater through the Everglades As anticipated, large portions of the Everglades created groundwater pressure that held back became dry, but as the rich organic peat that had saltwater. As more and more of the natural accumulated over the centuries was exposed to the flow was diverted, groundwater pressure air, it began to subside by compaction, by oxidation, was reduced, allowing saltwater to seep by fire, and by wind. Large areas proved unsuitable inland, contaminating drinking water and for agriculture, for under the muck lay barren rock. adversely altering natural systems. In 1929 a well-known botanist wrote of reclama- tion efforts in the Everglades and titled his work From Eden to Sahara.42 As water levels dropped, saltwater, no longer held back by the pressure of ground water supplies, seeped into the aquifers and into the wells. In the 1940's large areas of the desic- cated Everglades burned, leaving rocky landscape where for centuries broad seas of sawgrass had pro- vided habitat for a rich diversity of animal species. Increasing alarm about the loss of so much of the natural beauty that first attracted people to southern Florida led to the establishment of Everglades Na- tional Park in 1947, where 460,901 acres of the world's largest sawgrass marsh was rescued from future agricultural development for the enjoyment of the public. The park has now grown to 1,228,500 acres through additional acquisitions. Agricultural devel- opment continues in adjacent areas, however. Cur- rently pollution is feared from huge corporate agri- businesses which have moved into Taylor Slough, the park's major watershed to the east.43 Today Florida has more acres of farmland under irrigation outside the Everglades than all the rest of the United States east of the Mississippi River.44 Estimates place the soil loss in the agricultural areas of the Everglades at as much as 1 inch per year45 due to oxidation, burning, compaction, and also ex- ploitive farming methods. Because new peat is not being deposited on the drained lands, it is predicted that most soil will be too shallow for agricultural use by 1990-2000.46 The Everglade Kite was once abundant in the area for which it is named. Today many of the re- maining members of this endangered species live at Lake Okeechobee. Unlike most birds, the Everglade Kite eats one thing only, a freshwater snail known in scientific parlance as Pomacea paludosa. Repeated 36 a tree which grows well in deep swampy conditions, is the major exception to this rule. Over 60 tree species can grow in areas subject to overflow and to brief periods of inundation, when the high waters recharge the soils.47 Much of our commerically valuable timber is harvested in bottom lands which are properly classified as wetland for- ests. Extensive areas of commercially important wet- land forests are found in the Southeast, the Lake States, Alaska, and the Deep South; smaller wetland forest areas mark the landscape of New England.48 A few of the better known species which grow in periodically supersaturated environments are swamp tupelo, water tupelo, bald cypress, red maple, sweet- gum, willow, water oak, laurel oak, green ash, river Pomacea paludosa, birch, slash pine, northern white cedar, eastern sole food of the ~ larch, and black spruce. In the prairie states of Everglade Kite. Kansas, Nebraska, and Iowa, where only 1 percent of the land is in natural forest, most of the remain- ing natural forest is found in wetlands. In North agricultural drainage projects in the vast Everglade and South Carolina, conifer forests-predominantly marshes left the water-loving snail high and dry, and pond pines-are rooted in rich organic soils in bog- many of the Kites, now on the Endangered Species List, have moved up to the lake where the snail can still be found in the water. Evergiade Kite Perhaps it is asking too much to expect the public at large to worry about the disappearance from North America of a creature of such uncompromis- ing habits as the Everglade Kite. And yet the story of this bird is the story of a new awareness. Only recently has it become apparent to research scien- tists, engineers, government officials, and lay citizens that wetland projects which are bad news for the snail-and bad news for the Everglade Kite-may also be bad news for us. Timber Production in Wetlands Few crops will grow in wetlands which are in- undated during all seasons or for extended periods of time. The survival of most trees is also en- dangered by standing water, which leads to poor aeration and soft root anchorage. The bald cypress, 37 The Audubon Society's Corkscrew Swamp Sanctuary, Florida, last vestige of a great stand of virgin bald cypress that was logged in t~he first half of this century. like areas known as pocosins. An estimated 35 per- A CASE REPORT: cent of the commercial forest land along the coastal plain is made up of wetland forests.49 1 I a N i c c c n Although in recent decades fast-growing hard- Lile 1Vfl331301jjIi .woods have been widely planted on bottom lands in the Mississippi Delta, most wetland forests exist naturally and are sustained by nature's weeding-out DlaRgo process. Stands of white cedar and bald cypress, for example, grow densely in wetland soils because Because cottonwood is one of the fastest-growing the competing species which crowd them out on dry hardwoods, seeds abundantly beginning at the age land cannot survive the watery conditions. Wet for- of about 10 years, and is easily propagated from ests also profit by their greatly lessened susceptibil- cuttings, both natural stands and cottonwood planta- ity to destructive fires. Although wetland forests may tions abound in the Mississippi Delta. Trees are be highly productive, it is commonly accepted harvested for pulp and more mature saw timber among forestry authorities that no species of tree on and �'eneer logs. Dense natural stands of cotton-I this continent will grow only in wet soils. Cotton- wood along with other tree species cover the bat- wood, for example-an important southemn hard- tures-the areas between the river and the flood wood which will tolerate lengthy flooded conditions control levees-where there is no protection from -will grow in virtually any type of soil, including flooding. the dry and sandy, so long as sunlight and ground Today the wet bottom lands are rapidly being water are plentiful and other species do not com- converted to cropland in Arkansas, Mississippi, and pete. Louisiana, although the lower Mississippi valley is 38 still the region which produces the greatest quantity waters of the United States are regulated to protect of hardwood in North America. In the early 1930's, the aquatic environment and to 'satisfy requirements 11.8 million Delta acres were in forest. The most of the Federal Water Pollution Control Act.52 recent studies show that almost 40 percent of this forest land has been converted to other uses, pre- dominantly soybean production.50 Most of the re-Alternatives maining woodland is owned by farmers-with only latives one-fourth controlled by the forest industry. Al- though trees grown from cuttings of superior strains The propriety of altering wetlands for agricul- may sometimes be harvested in 5 years, newly estab- tural use or for forestry receives less attention today lished seedlings generally cannot be harvested for than conversion of wetlands for commercial, resi- 15 to 25 years. Therefore it is likely that farmers dential, and industrial construction. Most of the will continue to clear forest land for production of freshwater wetland areas suitable for farming have soybeans, which bring a more rapid and higher re- already been converted, and, as a result of findings turn per acre. about the importance of wetlands, the Soil Conser- The conversion of wetland forests to cropland is vation Service no longer provides assistance for also encouraged by government farm price supports drainage of wetlands in order to convert them to and other economic incentives. In some places, prop- other land uses. The U.S. Forest Service promotes erty taxes probably discourage owners from keeping the "multiple use" approach to use of wetland for- wetlands in a natural-wooded state. Property taxes, ests and is studying sound methods for logging especially taxes on forest land, vary considerably which involve minimal environmental damage. The from one locality to another. However, annual rate at which wetland forests are giving way to crop taxes without annual income encourage the conver- land in the South has caused some alarm among sion of forest land to crop production and may en- forestry authorities. courage such undesirable practices as premature Although most people approach alternative wet- cutting and shortened intervals in rotation harvest- land uses as a conflict between those who would ing. In addition, forest owners must wait many years preserve natural resources and those who would until they are able to realize a return on their in- exploit and destroy them for commercial purposes, vestment on newly planted forest lands, and there is the choices are hardly so clear. Often it is two in- considerable risk involved. A 15-year-old stand compatible financial interests which vie for use of ready for harvest by a pulp company may be de- wetlands, such as timber production and crop pro- stroyed by fire, insects, disease, hurricanes, or ice duction. Some agricultural and forestry activities storms. are compatible with retention of important natural Heavy equipment used in logging can cause con- wetland functions; 'others are not. Depending on siderable environmental damage by compacting the kind of alterations made, wetlands may return soils, destroying vegetation, and increasing runoff in to their natural state in the absence of cultivation or the watersheds. Improper timing and methods of drainage. cutting can slow regrowth or end reproduction Similar conflicts arise when wetlands are devel- entirely for a period of time. With sound manage- oped for residential, industrial, and recreational ment practices, commercial growing and harvesting purposes. The decision to dredge for construction of of timber can continue without compromising the a boat docking facility may seem like a decision to wildlife or recreational benefits of natural wetland permit profitable development at the expense of a forest areas. ., natural waterfront environment. Generally it is the Drainage projects are becoming more&-common commercial fishermen fearing a reduced catch and in wet forests, with the dredged material often used not the naturalists who effectively protest on envi- to construct access roads for the logging equipment. ronmental grounds. There is little question, how- Although studies show improved growth rates in ever, that a housing development benefits a few some drained wet forests,51 environmental change is individuals directly whereas loss of valuable fisheries inevitable. Under the permit program now admin- adversely affects many indirectly. As the ecologists istered by the Corps of Engineers, access roads in- have taught us, when you begin tampering with the volving discharge of dredge or fill materials in natural environment, there are no isolated incidents. 39 ~~~~~~~~~~~II I CHAPTER FIVE for Reiecs rnpration, Indstyand Rceto Coastal waterfront development that was once complex five times the size of Long Island's Ken- routinely permitted is now the subject of intense na- nedy International Airport was defeated after the tional controversy, involving both federal and state federal government intervened and a Department government agencies and the highest court in the of the Interior study known as the "Leopold Re- land. Alteration of inland wetlands by development port" 53 concluded that construction would unfavor- is also a concern. The U.S. Army Corps of En- ably alter the wetland ecosystem. gineers administers a permit program for various The issue evolved from the fact that Miami In- types of construction in many of the nation's wet- ternational Airport was overburdened with traffic. lands, denying permits if proposed construction is To serve and encourage the state's major industry, "ccontrary to the public interest," a concept which tourism, a jetport was planned for construction in formerly had few spokesmen and little thrust but Big Cypress Swamp, 6 miles north of Everglades which is now official government policy. National Park. Environmentalists rose to protest development of the swamp site, which supplies water A CASE REPORT: to the western part of the Park. The Leopold Re- port on the environmental impact of the proposed construction concluded: Big Cypress ~~~~~~~~Development of the proposed jetport and its attendant facilities will lead to land drainage and development for agriculture, Jetiport industry, housing, transportation and serv- ices in the Big Cypress Swamp which will One of the first proposed construction projects in inexorably destroy the south Florida eco- wetlands which attracted national attention was a system and thus Everglades National Florida jetport. In 1968 the proposal for an airport Park.54 Pipelines traverse a tidal marsh in San Francisco Bay. 41 r 4'-' / 0" 6 7k? * �bs#4t' � -S" 'S\'-' 7 A' 9; 42 The jetport may yet be built at an alternative site, but all that remains of the original proposal is one training strip-and a remarkable precedent. Citizen concern about further destruction of the Everglades became the impetus for opposition when new skepticism was voiced about the benefits of uncon- strained development for the quality of life in the state of Florida. In addition to the fact that many wetlands de- velopment proposals are now being denied on aEI i.m. I grounds of unacceptable impacts on the environ- LINE--- ~~~~~~~~~~~~ment, attention is being given to methods that min- imize environmental damage when the construction INFWI II~i i is deemed necessary or permissible. We have learned a good deal in the past decade about how wetlands function and about how their functions may be pur- posely or accidentally damaged or obliterated. A marsh, we now know, can be attacked directly or indirectly. The time-honored methods of destruc- tion by dredging, filling, and draining are imme- diately effective. Construction involving dredging near marshlands-such as channelization-can also destroy plant and fish populations by creating tur- bidity, which impedes light penetration necessary for photosynthesis, or by filling marshes with sus- pended sediments which literally suffocate fish by clogging their gills. More subtle are the effects of construction which alters the quality or quantity of water upstream or of the coastal industry or energy production plant which can cause heat pollution or chemical pollution-methods of wetland alteration which our forefathers never dreamed of.55 Marinas and Vacation Homes Marinas and commercial port facilities are gen- erally considered the most legitimate construction in wetlands simply because docking facilities can be located only on the shorefront, but marina construc- A single runway, now used as a training strip, is the only portion ever constructed of the Big Cypress Jetport. Original plans called for a facility five times as large as Kennedy International in New York. 43 tion which minimizes adverse environmental im- lagoons, which have been constructed in resort areas pacts is more and more often discussed. of the east coast and the Gulf of Mexico, change In resort areas, acres of wetlands often appear coastal marshes into alternating strips of fast land to be occupying the most desirable site for a dock. and water by dredging parallel channels for boat It is precisely because the site is sheltered from the docking and using the dredged material to create waves that the marsh was able to form. Waterfront high ground between them for channelside housing. property is also at a premium for building sites, and These lagoons, which are typically deeper than the traditional arguments hold that when marshes are receiving waters into which they open, generally changed into expensive waterfront real estate, com- flush inadequately, and without sufficient tidal munities benefit through tax revenues. In fact, the cleansing, they tend to stagnate. New studies have cost of services which must be provided to owners resulted in recommendations that docking facilities of the new properties often cancels such gains, be concentrated in one area of a resort community These services include flood and storm water pro- and in guidelines for engineering these canals in tection, transportation, schools, fire and police serv- order to minimize damage to coastal water quality ices, and water and sewage facilities, and fishing resources?6 A popular type of construction which turns Inland wetlands, especially those near recreational marshes into both boat docking and building sites lakes, are also being lost or adversely affected by is the lagoon or Venetian development. Finger-fill development. Because soil types and a high water ~~~~~~~~~~~~~---_ -: ~~~~~~~~~~~~~-' 2_,plo L' table generally create conditions unsuitable for water quality maintenance, are destroyed as devel- septic tanks adjacent to or in wetlands, sewers be- opment occurs. come a principal limitation of development. Sewers constructed to improve and protect the recreational lake's water quality from point sources of pollution Pa can allow higher density development to occur as JL Irkffi .LA.J an unanticipated secondary effect. Too often no steps are taken to limit or direct this secondary de- m -iiaysd velopment away from the wetlands, and develop- ment frequently results in filling the wetlands adjacent to a recreational lake. Then the filled or Wetlands have routinely been filled for other degraded wetlands no longer provide needed water construction-highways, airports, parking lots, and quality maintenance or flood protection. In addition, playing fields, or they have been used simply as the nonpoint runoff from developed areas can have dumping grounds. Most often these facilities, unlike as great an adverse effect on the wetlands as the marinas, could be located away from the shoreline original point sources of pollution. Ironically, the because water is not a requirement. In the late expected benefits of a sewer project may not be re- 1950's a plan to load 3.5 million cubic yards of alized if the wetlands, which play a major role in gravel dredged from Long Island Sound on Sher- FINGERM-FILL DEVELOPMENT Finger-fill development destroys natural habitat and interrupts the natural flushing action of the tides. Debris and sewage often accumulate at the dead ends of artificial lagoons, which are beyond the influence of sufficient tidal currents. 45 wood Island Marsh, located in a state park, aroused immediate, but ultimately unsuccessful, opposition. The stockpiled gravel was slated for use in building the Connecticut Throughway and for a parking lot to accommodate park visitors although other dump and parking lot sites were available and the marsh was regularly visited by naturalists, hikers, bird- watchers, and duck hunters. A group called Con- necticut Conservationists, Inc., was hastily formed by representatives of several conservation-minded organizations, and members passionately attempted to defeat the plan legally. The case was dismissed by the court on grounds that the organization could not demonstrate financial damage "not shared by all the citizens of the state." .2 Today most people agree that replacing a healthy and useful marsh with a parking lot is inadvisable and that using wetlands as dumping grounds is im- permissible. Until recent years, the dredge spoils from channel construction or maintenance were commonly dumped on nearby wetlands, smothering vegetation, destroying marshes with the polluted B materials, or raising the level of the marsh above tidal reach so that valuable cordgrass changed to ecologically less productive reeds, which take over in less saline conditions. Such changes in vegetation may also occur when roads crossing wetlands are supported on fill causeways instead of on open structures such as pilings. Industrical Plants Industrial development in a former tidal wetland on the shore Marine life may be destroyed as a result of in- the elevated water temperatures but by shock when dustrial processes-particularly those of power- the powerplants are shut down in winter. But for plants-that take up large quantities of cooling the powerplant effluent (warm waste water), these water and discharge heated water. All organisms fish would have migrated south for the winter. In have limits of tolerance to heat, and although lethal 1972, 100,000-200,000 menhaden were killed by levels are rarely reached due to the movement of cold shock near a powerplant at Oyster Creek, water and the ability of larger organisms to swim Barnegat Bay, New Jersey, following a winter shut- away, thermal pollution may affect such vital func- down.62 tions as migration, spawning, and basic metabolic Direct fish kills also occur as fish larvae and other rate." Under conditions of heat stress, fish and tiny aquatic creatures are drawn into plant pumps shellfish are also more vulnerable to predators,59 and condensers despite mesh screens which keep more susceptible to disease,"' and more sensitive to out the larger organisms. In addition, the chlorine to reductions in salinity.0' and other biocides used to clean out these organism- As water temperatures rise, oxygen levels de- clogged condenser systems are lethal water pol- crease. One result is changes in fish populations be- lutants. A number of such incidents have been re- cause some species require more oxygen than others. ported at shoreside and estuarine plants, including Some are able to adapt, and they are killed not by a kill of 40,000 blue crabs at Chalk Point in Mary- 46 of Long Island Sound, New York land's Patuxent River.63 may be damaged as acids, alkalis, heavy metals, de- Industries which extract oil, gas, sand, shell, tergents, and other pollutants leach from the fill into gravel, or phosphates from coastal waters can dam- the water. Shellfish from waters polluted in this age or kill wetlands and their flora and fauna fashion or by discharge of municipal wastes can be through turbidity, sedimentation, destruction of pro- poisonous to humans because shellfish consume both ductive bottoms, or rupture of pipelines, with re- food particles and toxic materials from the water sultant contamination. Extraction of shell, which is and in fact may concentrate these materials in their used for making cement, poultry grit, and a variety tissues. of other calcium-based products, is highly damaging Although new federal dredge and fill disposal reg- environmentally, and some ecologists suggest that ulations should radically decrease construction in the practice be abandoned because other sources of wetlands, some development determined to be in calcium are available.4 In photographs of the gulf the public interest will continue. A number of re- coast taken by astronauts in Gemini XII, clouds of cent guides discuss alternative methods of dredging, silt from shell dredging were plainly visible 177 causeway construction, location of boat docking miles above the earth.65 facilities, and building of bulkheads, jetties, and When building sites are created by using solid groins with emphasis on minimizing damage to wet- wastes as fill material, marshes some distance away land areas.66 ~~~~~/~~~~~~~~~~~~~47 47 4~~~~~~~~~~~ CHAPTER SIX Today and How much of our wetland acreage has in fact century by the U.S. Department of Agriculture, one been lost? How much more can be sacrificed? in 1906617 and one in 1922,68 to determine the num- Knowing what we do today, what guidelines should ber of wetland acres considered suitable for agricul- we use in making future decisions about whether ture. The first survey to be undertaken for reasons specific wetlands will be preserved, modified, or de- other than agricultural development was the 1954 stroyed? U.S. Fish and Wildlife Service inventory, inspired by the realization that reclamation activities were dangerously depleting our heritage of wetlands, viewed at the time primarily in terms of their value Weflcmd Surveys ~~~~~~~as wildlife habitat.6 On the basis of its own surveys, older local surveys, drainage censuses, and other No precise figures are available-or can ever be statistical data, the Soil Conservation Service esti- -on total wetland loss. Wetland definitions are only mated that the original wetlands in the lower 48 now being standardized, and our original wetland states had totaled 127 million acres."" The Fish and heritage was never mapped or inventoried. The Wildlife Service inventory, by far the most compre- most commonly accepted estimates of the total na- hensive of the three, concluded that 82 million tional wetland resource lost run from 30 to 40 per- acres remained. The nationwide survey now being cent, and they are calculated from surveys designed undertaken by the Fish and Wildlife Service will be for different purposes and employing different very much more comprehensive than any previous ground rules. Although none was a complete na- tally, will include the extensive wetlands of Alaska tional inventory, they all revealed many vital facts as well as the other 49 states, and will recognize about soil types and wildlife habitats in addition to that wetlands serve a variety of functions to society providing statistical information on wetland acreage. in addition to their wildlife values. Two national surveys were undertaken in this Scattered data on wetland losses have also been A wetland oasis in South McKittrick Canyon, Guadalupe Mountains National Park 49 A rgiedvor e nladsl as gahee bysaeadohrsres fClfri' esenMneoahdbe etoe nta mih dreaginbyte year20o urves disloed tinsgland saltentv siemorncsary ostrc hathrd byostat n other suprceys. of itCalfrnashwesbyther sionnexsot. Oher conervtin mesthoyds includeatc1- 16'.Souhatrn iscninhadlot6 per- quisition ovaubewetlands throgfes, tit94ole yaneid.7 c5,0 emantd7 by 1968 it7was estimated onehalf Thewelnsasementguraes forpealrmanngto prsratgrowng boyo inteprii potoercegint of theonitedtactes lcoalstatase, hand conceraledgecientss and inorell lasy sucl, ho hdbeen lostainced by 1914suve.5 It currestimated ofhatplaudcurrent effoups as Thealtfture Conervandclos 35t00acre ofthie prairinwelnsarer Bsnow be-uth-enta Nebasationoralternative Fedeation, the Agiultuboepn- inhacrfcd each over 80 sureyrcondutedb Sofciety, marshe oyther naturalist. ande conservation metodsicuea- 190s7 otheatr Fiscosi hand Wldlif 61Servic qisiin 197 rvealualetads throug ietes Inadtioatlemt arbengmdet ovr4 ecent of the.~ pohoe exstimate in194ire-cralfthe wetlands. eAleethourchae nor oemnen diputesterainb intepareptoergo fteUie5tts loasae n0eea gnisa ela ysc fact that only God can make a tree, many people Francisco Bay, on the Texas gulf coast, on Butter- have suspected that man can make a marsh. A cur- milk Sound in Georgia, on the James River in Vir- rent series of large-scale experiments by the U.S. ginia, on Nott Island in the Connecticut River, on Army Corps of Engineers is demonstrating that it 'Millers Sands Island in the lower Columbia River,"' can in fact be done. and at other locations on the gulf coast and the Chesapeake Bay. Critical areas have been selected for the restora- tion of marshes. In an attempt to combat erosion Manmade problems in the Mississippi River Delta, 352 acres of marshes have been established. Two months Marshes after planting was begun, herons, egrets, ducks, and nesting muskrats were observed feeding and shelter- aing among the recently sprigged marsh grasses.812 As anyone who has ever attempted to keep a In San Francisco Bay, marshland occupied 300 hedge clipped knows, nature is a very difficult ad- s ur ie eoe15.Tdy u odkn n versary. Each year the Corps of Engineers removes fligoeainol 5sur ie ean ovro30mnaigation cubchardes7mc of dredge maeinds 75 percent loss. Because the Bay is an important fonaigt io hnes78- ho wayibch fginds resting and feeding area for millions of birds who itheCrs way back cargedaince12.wt e travel the Pacific flyway from Canada to Mexico, sosbThe Corp constructin cargd mainteace 184ofh e the destruction of such extensive areas of wetland- shiponingi coanesthrouctionutn mitenne cofnr.Drn which once also provided large shellfish harvests- shippn channears ithacrouhote th00ies ounry During seems particularly regrettable. In 1972 the Corps thsn ears and has reveloed 2 5007 comeriale poft can- initiated its San Francisco Bay and Estuary Dredge harbos andhs deeloped 4,000 aditommerciall ports hand Disposal Study, experimenting with both transplant- habors a ela 400adtinlsal othr ing and seeding of marsh grasses.883 Unibecnoers.tehay"oskepn"hr Although no one views manmiade marshes as a Unti redredgnt yeannes thwhavy husekeeplingedb chore solution to the problem of wetland loss, the creation of rdregingchanelswasuncopliatedby on-of new marsh from dredged material is one of the cern about where to dump the dredged material, mr miiu eyln rjcso eettms which was simply pushed aside and piled at sites mr miiu eyln rjcso eettms along the coastline or, most often, was heaped on wetlands-which everyone then considered "waste" l areas. Because of rising concern about destruction IThe Role of of wetlands and also because of questions about possible contaminants in the dredged material, the f n r r m n Corps has undertaken to find new methods of dis- i . S i posal. Current solutions are upland and diked dis- posal areas, off-channel dumping, or ocean dumping. For almost 200 years the federal government lent All these solutions present potential environmental encouragement and often strong financial induce- hazards and involve economic considerations as well. ment to projects involving wetland destruction. Not In 1974 the Corps instituted a 5-year, $30 mil- everyone has noticed yet, but today the federal gov- lion research program at its Waterways Experiment ermient is a leading advocate of wetland preserva- Sation in Vicksburg, Mississippi, to find ways to tion. recycle dredged materials for such useful projects The Fish and Wildlife Service of the Department of as renewing eroded beaches, creating recreation the Interior now manages 12 million wetland acres areas, and establishing new islands for wildlife use. in its National Wildlife Refuges and Waterfowl Pro- One particularly fruitful area of research is the duction Areas, which have been acquired under the Corps' attempt to create new marshes with dredged Migratory Bird Conservation Act and the Land and material. Water Conservation Fund Act, through other au- Although a great deal of research remains to be thorizing legislation, and by withdrawal from the done, experiments so far have brought encouraging public domain. Of these over 3 million are in the results on the coast of North Carolina,"" in San lower 48 states and 8.8 million in Alaska.814 Propos- als are before Congress to add 30-70 million more aroused by recent highly publicized permit decisions Alaskan acres to the National Wildlife Refuge Sys- which reflect strong concern for maintenance of en- tem, over half of which are wetlands. vironmental values, it may be helpful to review the A major policy shift in the use of wetlands for background of the Corps' regulatory function and agriculture-symbolic of a more widespread rever- policy. sal of viewpoint-was revealed in a wetland memo- Since passage of the Rivers and Harbors Act of randum from the U.S. Department of Agriculture's 1899, any construction involving dredging, filling, Soil Conservation Service in 1975. Twenty-two or obstruction of navigable waters has required per- years earlier, in 1953, SCS had announced that 50 mission of the Corps of Engineers. The clear inten- million acres of "wet and swamp lands which are tion of the Act was protection of waters used for subject to overflowing... would be physically suit- commercial navigation. It did little to protect wet- able for crop or pasture use" if proper drainage lands adjacent to rivers because they were usually measures were employed.8 The 1975 Conservation outside the high water mark. Planning Memorandum issued by SCS said that in In 1968, in conformity with increasing national regard to 18 of the 20 types of wetlands described in concern for preservation of the natural 6nvironment, the 1954 Fish and Wildlife Service Survey (season- the Corps rewrote its permit regulations, inserting a ally flooded basins or flats and fresh meadows), "the new provision: Soil Conservation Service is not to provide technical The decision as to whether a permit will and financial assistance for draining or otherwise be issued must rest on an evaluation of all altering wetlands . . . in order to convert them to relevant factors, including the effect of the other land uses." "Millions of acres of the Nation's proposed work on navigation, fish and original wetlands," the Memorandum read, "have wildlife, conservation, pollution, aesthet- been impaired or converted to other uses. Extraor- ics, ecology, and the general public inter- dinary care and effort are required to protect the est.87 remaining aquatic ecosystems." s6 Although the regulation announced a radically In 1977 it became official policy for all federal Ato t regltio e wr new concept of Corps' responsibilities, few were agencies to conserve and protect wetlands. Presi- listening. In 1970 Zabel and Russell, two Florida listening. In 1970 Zabel and Russell, two Florida dent Carter's Executive order on wetlands articulates developers, applied for a permit to fill 11 acres of developers, applied for a permit to fill 11 acres of a strong national policy for preservation of this wetlands in Boca Ciega Bay in an area of mangrove wetlands in Boca Ciega Bay in an area of mangrove resource-requiring agency heads not to undertake flats famed for its tarpon, snook, redfish, and sea or assist construction projects in wetlands unless trout. Zabel and Russell intended to construct a there is no practical alternative (see Appendix D). mobile home park, and because Boca Ciega Bay is Government agencies with regulatory, manage- navigable water, after acquiring the standard local ment, acquisition, or research, planning, and grant permits, they applied to the Corps. Their application programs relating to wetlands include the Environ- was denied on grounds that such construction would mental Protection Agency; in the Department of the adversely affect the marine life of the Bay although Interior, the Fish and Wildlife Service, Bureau of it would not impede navigation. The developers Outdoor Recreation, National Park Service, Bureau sought an injunction to compel the Corps of En- of Land Management, Office of Water Research and gineers to grant a permit and were successful."" The Technology, Bureau of Reclamation, and U.S. decision of the district court was appealed, and the Geological Survey; in the Department of Commerce, U.S. Court of Appeals for the Fifth Circuit upheld the National Oceanic and Atmospheric Administra- the right of the Secretary of the Army to refuse tion, National Marine Fisheries Service; in the De- dredge and fill permits solely on the grounds of partment of Agriculture, the Soil Conservation environmental damage,s89 establishing Corps' author- Service and Forest Service; and the U.S. Army ity to protect ecologically vital areas. Corps of Engineers (see Appendix B). Under the Federal Water Pollution Control Act Under Section 404 of the Clean Water Act of Amendments of 1972 (Public Law 92-500), the 1977, the U.S. Army Corps of Engineers is respon- Congress extended Corps' regulatory jurisdiction sible for issuing permits for activities that involve beyond the traditional "navigable waters" to cover the placement of dredged material or fill material in "all waters of the United States"-including wet- many of the nation's wetlands. Because of interest lands. EPA was made a partner in the program with 52 veto authority and responsibility for establishing mits, the Chief of Engineers noted the important guidelines for protection of the aquatic environ- functions of mangrove swamps and stated that ment (see Appendix C). Although Section 404 does the proposed development would "constitute an not cover the variety of activities regulated by the unacceptable adverse impact upon this aquatic re- 1899 Act, it does require permits for all operations source" and that destruction of environmentally involving the discharge of dredged or fill material important wetland areas was "contrary to the public into the waters of the United States, including wet- interest." 92 lands, and all permits processed now involve as- The Corps of Engineers has officially confirmed sessment of the proposed projects' environmental its resolution to protect wetlands from destruction impacts. Under the 1977 amendments to Section "unless the public interest requires otherwise." It 404, normal agricultural, forestry, and ranching lists a number of factors that bear upon the public operations do not require permits. interest, among them: conservation, economics, The Corps' wetlands policy is that no alteration aesthetics, general environmental concerns, historic of wetlands may take place unless the proposed values, fish and wildlife values, flood damage pre- project can be demonstrated as being in the public vention, land use classifications, navigation, recrea- interest (see Appendix C).9� Primary emphasis is on tion, water supply, and water quality.93 President whether the activity is water dependent (e.g., does Carter's Executive order on wetlands (see Appendix it have to be placed in the wetland to fulfill its basic D) supported the Corps of Engineers' program for purpose?) and whether there are other feasible regulating wetlands as well as establishing a broad alternative sites or methods of construction to ac- national policy for their protection and use. complish the same purpose. In making these deci- State and local agencies have, to a varying de- sions, the Corps relies on the views of the Fish and gree, also acted upon the challenge to preserve wet- Wildlife Service, the Environmental Protection lands from unnecessary destruction. Model state Agency, and the National Marine Fisheries Service wetland protection laws and ordinances for adoption (in the National Oceanic and Atmospheric Admin- by local units of government are currently being istration).91 drafted by the Environmental Law Institute under Guided by the criteria then current, the Corps contract to the FWS, which recently surveyed local denied the Deltona Corporation two dredge and fill and state efforts nationwide. ELI found that al- permits involving destruction of 2,152 acres of man- though many states afford some measure of protec- grove swamps and 735 acres of Bay bottom in a tion for wetland areas through flood plain regula- vast project to create a community housing 35,000 tions or through coastal area, shoreland, scenic or permanent residents at Marco Island on the south- wild rivers, or pollution control programs, few states western coast of Florida. The Marco Island devel- have programs that adequately deal with conserva- opment-one section of which had already been tion of wetlands.94 begun and was allowed to be completed-was to be Under the 1977 amendments to Section 404, states a "finger-fill" resort complex in which parallel la- with approved programs may take over the process- goons are dredged, and the land "fingers" filled with ing of Section 404 permits for the discharge of dredged material from the canals become water- dredged or fill material in certain wetlands. Such front housing sites with private docking facilities. permits must comply with guidelines issued by EPA. The state of Florida had approved the development, Massachusetts was the first state to enact a spe- and most of the lots had been sold in advance of cific wetland regulatory program in 1963, but since dredging operations. then 15 states have adopted legislation specifically The "Marco Island case" aroused the partisan regulating development or use of wetlands.95 Many interests of both environmentalists and developers. others are regulating wetland use through dredge The plan was opposed by the Environmental Pro- and fill and critical area programs. Several offer tax tection Agency on grounds of water quality, includ- incentives to property owners to encourage protec- ing wetland and Bay bottom destruction, and by the tion of wetlands or broader open spaces. Although Fish and Wildlife Service, the National Marine the scope of efforts varies greatly, many states have Fisheries Service, and the Florida Game and Fresh acquired wetlands for park and wildlife purposes, Water Fish Commission because it would adversely usually through federal matching grants. There are alter productive fish habitat. In denying the per- three major sources of such funds. The Department 53 of Housing and Urban Development makes monies available for wetland acquisition through revenue sharing programs; the Bureau of Outdoor Recrea- tion, Department of the Interior, makes money available for acquisition of outdoor recreation areas; and the Fish and Wildlife Service makes grants to the states for fish and wildlife restoration projects, including acquisition of wildlife areas. Ile Highest Form of National Thrift When the Marco Island permit was denied, the Deltona Corporation repeatedly pointed out that the 2,000 acres of mangrove swamp to be destroyed ac- counted for only one-half of I percent of those re- maining in the state. But today, as we continue to lose 300,000 acres of wetlands per year,90 those concerned with environmental protection ask about the next 2,000 acres . . . and the next. The principle applies equally to the owner of 20 acres who is denied a permit to develop on grounds of public interest. A decade and a half ago President John F. Kennedy referred to conservation as "the highest form of national thrift." 11 Today conservationists continue to pose the question of value on an eco- nomnic, ecological, and social level: What is a marsh worth? What is it worth to someone with a financial stake in its destruction? What is it worth to society in its natural state? How much acreage financial benefits may accrue to individuals from a must be preserved in order to maintain the services project involving wetland destruction, undeveloped wetlands now provide? wetlands offer benefits to all-and will continue to We have reached a point when uses of wetlands benefit our children and grandchildren, whose right- beyond those considered "productive" in the strictest ful inheritance of a rich natural environment de- sense of the word must be guarded. We have learned pends on our priorities and on our vigilance. enough to know that we do not know enough. We It was a mere decade ago when children came cannot put a figure on how much acreage we can running home from school on Earth Day to chide afford to lose because we are only beginning to un- the older generation of unmindful wasters and willy- derstand the value of wetlands. It is difficult for most nilly polluters. The children brought glad tidings, citizens to accept fully the fact that a wetland is assuring all citizens of good will that the situation something "good," when we all learned in early was correctable, that if we delivered our newspapers childhood that a swamp is "bad"-a waste place to recycling centers and stopped spilling sewage in where mosquitoes breed and snakes lurk, ready to the waters, we could save the earth and perhaps, strike. We must now understand that, although next year, go swimming in the river. 54 Today all of us-who scarcely shuddered as query-what is a marsh worth?-will not be re- marshes were filled for construction-have lost our solved by ecologists or economists. Whether we elect naivete. We recognize that the drive to restore clean to save our wetlands will not be a scientific decision waters, to retain the ecological diversity of a won- but a social decision made up of an infinite number drous universe, to fashion a national ethic of con- of small and large choices and actions in which each servation rather than of profligacy will require of us, if we wish, can play a part. individual sacrifice and a grave long-range commit- In his Environmental Message to Congress, Presi- ment. We know that enlightened public policies and dent Jimmy Carter reminded the nation that "none wise, enforceable legislation will come about only of us is a stranger to environmental problems." In through our dedication. elevating environmental protection from the purely Researchers can tell us a great deal today about legislative to the executive realm, he made official a the structure and functions of wetlands. They will view that many concerned citizens have espoused, offer us new information and new insights in the that "intelligent stewardship of the environment on months and years ahead. But how we use this infor- behalf of all Americans is a prime responsibility of mation is up to us. Ultimately the answer to the government." 98 55 1. Lynn A. Greenwalt, Director, U.S. Fish and 11. McHugh, supra note 2. Wildlife Service, speech delivered at the National 12. H.A. Whelland and B.G. Thompson, Fisheries of Wildlife Federation annual conference, Louisville, the United States, 1974, U.S. Department of Com- Kentucky, March 20, 1976, Department of the In- merce, National Oceanic and Atmospheric Ad- teror news release, p. 2. Statistics on wetland ministration, National Marine Fisheries Service, losses appear in Chapters IV and VI (discussion of Current Fisheries Statistics No. 6700, 1975. wetland surveys). 13. Charles H. Wharton, "The Southern River Swamp 2. J.L. McHugh, "Management of Estuarine Fish- -A Multiple Environment," quoted in Richard H. eries," A Symposium on Estuarine Fisheries, Goodwin and William A. Niering, "Inland Wet- American Fisheries Society Special Publication lands: Their Ecological Role and Environmental No. 3, 1966. Status," Bulletin of the Ecological Society of 3. Ibid. America 55:2 (1974). 4. U.S. Department of the Interior, Fish and Wildlife 14. John S. Rankin, Jr., "Salt Marshes as a Source Service, Classification of Wetlands and Deep-Water of Food," Connecticut's Coastal Marshes: A Van- Habitats of the United States: An Operational ishing Resource, Connecticut Arboretum, Con- Draft, 1977, p. 3. necticut College, Bulletin No. 12; 1961. 5. U.S. Department of the Interior, Fish and Wild- 15. U.S. Department of the Interior, Fish and Wild- life Service, Wetlands of the United States, Cir- life Service, Office of Migratory Bird Management, cular 39, 1956, p. 15. unpublished data. 6. Ibid. 7. John and Mildred Teal, Life and Death of the 16. Among the many articles and publications on Salt Marsh (New York: Ballantine Books, Inc., wildlife management are the following: J.P. Lin- 1969), p. 75. duska (ed.), Waterfowl Tomorrow, U.S. Depart- 8. Eugene P. Odum, Ecology: The Link Between the ment of the Interior, Bureau of Sport Fisheries Natural and the Social Sciences (New York: Holt, and Wildlife, 1964; U.S. Department of Agricul- Rhinehart and Winston, 1975), p. 72. ture, Forest Service, Fisheries and Wildlife Habitat 9. Eugene P. Odum and Armando de la Cruz, "Par- Management Handbook, Forest Service Handbook ticulate Organic Detritus in a Georgia Salt Marsh- R-9; Don Shuhard and Shirley Foster Fields, "Con- Estuarine System," Estuaries (George Lauff, ed.), servation Benefits at Blackwater," Soil Conserva- American Association for the Advancement of tion, May 1976; Soil Conservation Society of Science Publication No. 83 (Washington, D.C., America, Wildlife and Water Management: Strik- 1957). ing a Balance (Ankeny, Iowa, 1973); U.S. De- 10. Eugene P. Odum, Fundamentals of Ecology (3d partment of Agriculture, Forest Service, cooperat- ed.) (Philadelphia: W.B. Saunders Company, ing with U.S. Department of the Interior, Bureau 1971), p. 357. of Sport Fisheries and Wildlife, and Minnesota 56 Department of Conservation, "Wildlife Manage- 35. U.S. Department of Agriculture, Soil Conservation ment Plan: Wetlands of the Chippcwa National Service, Wet Soils and Their Importance to Major Forest, Minnesota," 1965; U.S. Department of the Crops Grown in the United States, 1977 (draft). Interior, Bureau of Land Management, Denver 36. U.S. Corps of Engineers, Department of the Service Center, "A Review of the Management Army-Regulatory Programs of the Corps of En- and Development of the San Simon Cienega Mex- gineers, 33 C.F.R. 323.2(c) (1977). ican Duck Habitat and Recommendations for 37. U.S. Department of the Interior, Fish and Wild- Future Management," 1976. life Service, Report on Drainage Trends in the 17. Wharton, supra note 13, p. 3. Prairie Pothole Region of Minnesota, North Da- 18. Robert R. Grant. Jr. and Ruth Patrick, "Tinicum kota and South Dakota, March 1969. Marsh as a Water Purifier," Two Studies of Tini- 38. Niering, supra note 27. cum Marsh (Washington, D.C.: The Conservation 39. George V. Burger, "Agriculture and Wildlife," Foundation, 1970). Chapter 7, in Council on Environmental Quality 19. H.T. Odum, K.C. Ewel, W.J. Mitsch, and J.W. (ed.), Wildlife and America, to be published in Ordway, Recycling Treated Sewage Through Cy- 1978. press Wetlands in Florida, University of Florida 40. U.S. Department of Agriculture, Economic Re- Center for Wetlands, Occasional Publication No. search Service, Land Use Change in the Southern 1, December 1975, p. 1. Mississippi Alluvial Valley, 1950-69, Agriculture 20. Maxwell J. Small, Data Report-Marsh/Pond Economic Report No. 215, 1971. System, Brookhaven National Laboratory Report 41. Wet Soils, supra note 35. No. 50600, November 1976, p. 1. 42. John K. Small, From Eden to Sahara, Florida's 21. "Why Save the Salt Marshes?" editorial, Mari- Tragedy (Lancaster, Pa.: The Science Press Print- times 9:2 (summer, 1965). ing Co., 1929), cited in Florida Department of 22. Ruth L. Hine, "Leaky Sponge," Wisconsin Con- Administration, Division of State Planning, Bu- servation Bulletin 37(2):18-19 (1972). reau of Comprehensive Planning Document, Final 23. Florida Statutes 76-113, 1976. Report on the Management Plans of the Special 24. University of Miami, Center for Urban and Re- Project To Prevent the Eutrophication of Lake gional Studies, The Kissimmee-Okeechobee Basin: Okeechobee, DST-BPC-36-76, 1976, p. 25. A Report to the Cabinet of Florida (2d ed.), 1972, 43. Michael F. Toner, "Farming the Everglades," Na- p. 29. tional Parks and Conservation Magazine, August 25. Bill O. Wilen, Office of Biological Services, 1976, p. 6. Fish and Wildlife Service, U.S. Department of 44. Florida Department of Administration, supra note the Interior. 42, p. 25. 26. William A. Niering, "The Ecology of Wetlands in 45. Id. at 78. Urban Areas," Preserving Our Freshwater Wet- 46. Ibid. lands, Connecticut Arboretum, Connecticut Col- 47. Jack Stubbs, "Wetland Forests," Forest Farmer lege, Bulletin No. 17, 1970. 21(11):10 (June 1962). 27. William A. Niering, The Life of the Marsh: The 48. Roger R. Bay and Ralph A. Klawitter, "What's North American Wetlands (New York: McGraw- New in Wetland Hydrology," Wood, Water, and Hill Book Company, 1966), p. 177. People, Proceedings of the Society of American 28. Quoted in U.S. Army Corps of Engineers, New Foresters Meeting, Boston, 1963, p. 175. England Division, Natural Valley Storage: A Part- 49. Stubbs, supra note 47. nership with Nature, spring 1976, p. 1. 50. Herbert S. Sternitzke, "Impact of Changing Land 29. Charles River Natural River Storage: Summary Use on Delta Hardwood Forests," Journal of For- of First Costs and Annual Charges, enclosure with estry 74(1):26 (1976). letter from Brig. Gen. Drake Wilson, Deputy Di- 51. U.S. Department of Agriculture, Forest Service, rector of Civil Works, to Russell E. Peterson, "Response of Slash Pine to Drainage and Rain- Chairman, Council on Environmental Quality, fall," Forest Service Research Note SE-186, March September 10, 1976, p. 2. 1973, p. 1. 30. Wharton, supra note 13. 52. 33 U.S.C. �1251 et seq. (P.L. 92-500, October 18, 31. Joseph S. Larson (ed.), Models for Assessment of 1972, �404), and U.S. Army Corps of Engineers, Freshwater Wetlands, University of Massachu- supra note 36. setts, Water Resources Research Center, Publica- 53. U.S. Department of the Interior, Environmental tion No. 32, 1976. Impact of the Big Cypress Swamp Jetport, 1969. 32. Eugene P. Odum, "A Description and Value As- 54. Id. at 1. sessment of South Atlantic and Gulf Coast 55. For more on the subject of construction in wet- Marshes and Estuaries," Proceedings, Fish and lands, see John Clark, Coastal Ecosystems, Eco- Wildlife Values of the Estuarine Habitat-A Sem- logical Considerations for Management of the inar for the Petroleum Industry, Atlanta, 1973. Coastal Zone (Washington, D.C.: The Conserva- 33. Hugh H. Wooten and Lewis A. Jones, "The His- tion Foundation, 1974); Rezneat M. Darnell, Im- tory of Our Drainage Enterprises," in U.S. De- pacts of Construction Activities in Wetlands of the partment of Agriculture, Water, The Yearbook of United States, U.S. Environmental Protection Agriculture, 1955, p. 478. Agency, Environmental Research Laboratory, 34. The states involved were: Alabama, Arkansas, Ecological Research Series, EPA-600/3-76-045, California, Florida, Illinois, Indiana, Iowa, Lou- 1976; and U.S. Army Corps of Engineers, Effects isiana, Michigan, Minnesota, Mississippi, Missouri, of Engineering Activities on Coastal Ecology, Au- Ohio, Oregon, and Wisconsin. Circular 39, supra gust 1971. note 5, p. 5. 56. William N. Lindall, Jr. and Lee Trent, "Housing 57 Development Canals in the Coastal Zone of the 73. Nebraska Game and Parks Commission, "Final Gulf of Mexico: Ecological Consequences, Regula- Report, Survey of Habitat," March 1971-February tions, and Recommendations," Marine Fisheries 1972. Review 37:24 (1975), Marine Fisheries Review 74. J.H. March, G.F. Marte, and R.A. Hunt, Breed- Paper 1163. ing Duck Populations and Habitat in Wisconsin, 57. Louis Darling, "The Death of a Marsh: The Wisconsin Department of Natural Resources Tech- Story of Sherwood Island Marsh and Its Political nical Bulletin No. 68, 1973. Consequences," Connecticut's Coastal Marshes: A 75. Goodwin and Niering, supra note 13, p. 5. Vanishing Resource, Connecticut Arboretum, Con- 76. U.S. Department of the Interior, supra note 37. necticut College, Bulletin No. 12, 1961, p. 23. 77. U.S. Department of the Interior, Fish and Wild- 58. J.R. Clark, "Thermal Pollution and Aquatic Life," life Service, "Western Minnesota Wetlands In- Scientific American 220(3):19-27, cited in Clark, ventory," 1974. supra note 55. 78. Lt. Gen. J.W. Morris, Chief of Engineers, "The 59. J.R. Sylvester, "Effect of Thermal Stress on Pred- Corps in Perspective since 1775," presented to a ator Avoidance in Sockeye Salmon," J. Fish. Star Session of the American Society of Civil En- Res. Bd. Can. 29:601-603 (1972), cited in U.S. gineers Annual Convention and Exposition, Phila- Environmental Protection Agency, supra note 55, delphia, September 28, 1976. p. 257. 79. Ibid. 60. J.A. Plumb, "Effects of Temperature on Mortality 80. W.W. Woodhouse, Jr., E.D. Senneca, and S.W. of Fingerling Channel Catfish Experimentally In- Broome, Marsh Building with Dredge Spoil in fected with Channel Catfish Virus," J. Fish. Res. North Carolina, U.S. Army Corps of Engineers, Bd. Can. 30:568-70 (1973), cited in U.S. Environ- Coastal Engineering Research Center, undated. mental Protection Agency, supra note 55. 81. Dredged Material Research, U.S. Army Corps of 61. P.A. Butler, Effects of Floodwaters on Oysters in Engineers Information Exchange Bulletin, March Mississippi Sound in 1950, U.S. Fish and Wildlife 1975, September 1975, December 1975, July 1976, Service Research Report No. 31, quoted in U.S. and September 1976. Environmental Protection Agency, supra note 55, 82. Roy Reed, "Engineers Build Marsh on Missis- p. 256. sippi," reprinted in Water Spectrum 8(2):36 (fall 62. John Clark and William Brownell, Electric Power 1976) from the New York Times. Plants in the Coastal Zone: Environmental Issues, 83. Dredged Material Research, supra note 81. American Littoral Society Special Publication No. 84. Information provided by the U.S. Department of 7, October 1973. the Interior, Fish and Wildlife Service. 63. Ibid. 85. H.H. Wooten, Major Uses of Land in the United 64. Clark, supra note 55, p. 153. States, U.S. Department of Agriculture Technical 65. Clarence Cottam, "Research Needs in Estuarine Bulletin No. 1082, 1953. Areas of the Gulf Coast," in John D. Newsom 86. Kenneth E. Grant, Administrator, Soil Conserva- (ed.), Proceedings of the Marsh and Estuary tion Service, Conservation Memorandum-15, May Management Symposium, Baton Rouge, 1967, p. 5, 1975. 235. 87. 33 C.F.R. 209.120(d) (1968). 66. For more information, see Clark, supra note 55; 88. Zabel v. Tabb, 296 F. Supp. 764 (D.M. Fla. 1969). Darnell, supra note 55; U.S. Army Corps of En- 89. Zabel v. Tabb, 430 F. 2d 199 (5th Cir. 1970), cert. gineers, supra note 55; A. Carroll, Developer's denied, 301 U.S. 910 (1971). Handbook, Connecticut Department of Environ- 90. 33 C.F.R. 320.4 (1977). mental Protection, Coastal Area Management 91. Ibid. Program; Steven P. Giannio and Hsiang Want, 92. 33 C.F.R. 209.120(g) (1975). Engineering Considerations for Marinas in Tidal 93. 33 C.F.R. 320.4 (1977). Marshes, University of Delaware, College of Ma- 94. Jon A. Kusler, "Strengthening State Wetland Reg- rine Studies, Newark; and G. Dawes, K. Marcel- ulation" and "Wetland Protection: A Guidebook lus, and G. Siberhorn, Local Management of Wet- for Local Governments," 1977 (drafts). lands Environmental Considerations, Virginia Insti- 95. Ibid. The states are: Connecticut, Delaware, Flor- tute of Marine Science Special Report No. 35. ida, Georgia Indiana, Maine, Maryland, Michi- 67. Discussed in Circular 39, supra note 5, p. 6. gan, Mississippi, New Hampshire, New Jersey 68. L.C. Gray and others, "The Utilization of Our New York North Carolina Rhode Island and Lands for Crops, Pasture, and Forests," in U.S. Vria Department of Agriculture Yearbook 1923. Virg ina. 69. U.S. Department of the Interior, supra note 5 p. The President's Messa ge to the Congress, The. 1. 1. ) , Environment, May 23, 1977. 70. Id. at 7. 97. Special Message to the Congress on Conservation, 71. Ibid. March 1, 1962. 72. Connecticut's Coastal Marshes, supra note 14, 98. The President's Message to the Congress, supra cover 4. note 96. 58 APPENDIX A Glossary ALGAE-simplest green plant forms having neither ECOLOGY-a branch of science concerned with the roots, stems, nor leaves and ranging from micro- interrelationship of organisms to one another and to scopic single-cell organisms to large macroscopic their environment. seaweeds several hundred feet long. ECOSYSTEM-system of exchanges of materials and ALLUVIAL SOILs-deposits of sediments, clay, silt, energy between living things and their physical en- sand, and gravel deposited by running water. Or- vironment. The biotic community and the nonliving dinarily occurring on floodplains. environment functioning together as a system. BARRIER BEACH-long, narrow sand islands lying EMERGENT VEGETATION-various aquatic plants parallel to shore and built up by the action of the usually rooted in shallow water and having most of waves, currents, and winds. their vegetative growth above water, such as cattails BOG-a wetland usually developing in a depression. and bulrushes. Often a lake with poor drainage. Generally charac- ENVIRONMENT-all the external conditions which terized by extensive peat deposits, acidic water, float- surround living things, such as soil, water, and air. ing sedge or sphagnum mats, and health shrubs and ESTUARY-a semienclosed coastal body of water often by the presence of coniferous trees such as which has a free connection with the open sea. Es- black spruce and various cedars. tuaries are strongly affected by tidal action and the CHANNELIZATION-modifying the course and shape mixing of seawater with freshwater from land drain- of a stream bed to permit more efficient stream flow. age. Examples are river mouths, coastal bays, tidal CONSUMER-any living thing that is unable to man- marshes, and bodies of water behind barrier beaches. ufacture food from nonliving substances but depends EUTROPHICATION-the process by which a lake be- on the energy stored in other living things for its comes rich in dissolved nutrients and deficient in food supply. oxygen, occurring either as a natural stage in lake DETRITUS-minute particles of the decaying re- or pond maturation or artificially induced by human mains of dead plants and animals. activities (principally by the addition of fertilizers 59 and organic wastes). PREDATOR-an animal that lives by capturing other FOOD WEB-a system of interlocking food chains in animals for food. which energy and materials are passed through a PRODUCERs-primarily green plants, the basic link series of plant-eating and meat-eating consumers. in any food web. By means of photosynthesis, plants HABITAT-place where a plant or animal species manufacture the food on which all other living naturally lives and grows, its immediate surround- things ultimately depend. ings. RHIzoMEs-elongate underground stems or branches HYDROLOGY-a branch of science dealing with prop- of a plant which send off shoots above and roots be- erties, distribution, and circulation of water. low and are often tuber shaped. Contain deposits INTERFACE-a plane forming a common boundary of reserve food material. of two bodies or surfaces. SALINITY-concentration of salt in a solution, us- MARSH-a wetland dominated by herbaceous or ually measured in parts per thousand. nonwoody plants, often developing in shallow ponds SEDIMENT-the matter that settles to the bottom of or depressions, river margins, tidal areas, and es- a liquid-both organic and inorganic materials. tuaries. Marshes may contain either salt- or fresh-pper layer of earth consisting of disinte- water. Vegetation is dominated by grasses and water. Vegetation is dominated by grasses and grated rock with an admixture of organic matter sedges. and soluble salts in which living organisms may be NUTRIENT-a chemical element, organic compound, found. or inorganic compound used to promote growth. PEAT-partly decayed organic matter formed in SUBSTRATE-nonliving base material which may boggy areas where lack of oxygen and/or high acid- provide habitat for living organisms. ity limits decomposition. SWAMP-a wetland dominated by woody plants, PHOTOSYNTHESIS-synthesis of chemical compounds shrubs, and trees such as maples, gums, and cypress. with the aid of light in chlorophyll-containing cells. TURBIDITY-a state of having sediment disturbed, POLLUTANT-a substance, medium, or agent which of being opaque, cloudy, or muddy, with matter in causes physical impurity. suspension. A Iligator 60 APPENDIX B Federal Aec ucin SOIL CONSERVATION SERVICE Department of ~~~~TECHNICAL ASSISTANCE PROGRAMS-The mission of the SCS is to assist in the conservation, develop- ment, and productive use of the nation's soil, water, on many aspects of resource conservation to individ- FOREST SERVICE uals, organizations, local and state agencies, and RESEARCH AND MANAGEMENT-The Forest Service federal agencies. Resource data and interpretive is cncened nd ctiv wih welan mangemnt, assistance offered through the National Cooperative maintenance, and improvement in relation to wild- Soil Survey, Small Watershed Program, Water Bank life, timber management, range resources, water Program, and others help local people make work- yield, and water quality. Programs are ongoing with able long-term decisions about wetlands. SCS par- state and private forestry, National Forest adminis- ticipation in activities that alter wetlands is limited tration, and research. Substantial research on bog by technical constraints, mainly soil potential, and hydrology has originated from a project in Laramie, by policy constraints as contained in its revised wet- Wyoming, including water yield and water quality lands conservation policy of May 1975. aspects. A project in Juneau, Alaska, is involved with coastal wetland research. Studies are being launched on shoreline habitat requirements of har- bor seals and the potential of activities associated LIfO with logging to influence habitat quality and the ecology of coastal plant communities, with reference '..Commir erc~e to productivity of waterfowl, shorebirds, and other birds or mammals. The Southeastern Forest Experi- ment Station at Charleston, South Carolina, has NATIONAL MARINE FISHERIES done research on the coastal plains. SERVICE (NATIONAL OCEANIC AND 61 ATMOSPHERIC ADMINISTRATION) of pollutants in all waters of the United States, in- cluding wetlands. Under Section 402 of the Federal ADMINISTRATIVE, MANAGEMENT, AND REGULATORY Water Pollution Control Act Amendments, EPA FUNCTIONS-The NMFS has a responsibility to pro- Wa ter Pollution Control Act Amendments EPA also administers a permit program to regulate dis- tect and conserve the marine, estuarine, and anadro- charges from industrial and municipal sources. Al- mous fish environment. More than 20 federal laws though some discharge programs are administered mandate NMFS involvement in fish habitat protec- tion. The NMFS analyzes and comments on con- by the states, EPA has authority to rescind state programs. Under Section 311, EPA and the Coast struction proposals and applications for dredge and Guard regulate spills of oil and hazardous sub- fill permits issued by the Corps of Engineers, on National Pollutant Discharge Elimination System stances. Gudeles developed by EPA conunc- tion with the Corps of Engineers provide the frame- and ocean dumping permits issued by the Environ- m ental Protection Agenc y, on bridge and causeway work for reviewing proposed discharges of dredged mental Protection Agency, on bridge and causeway permits issued by the Coast Guard, and on license or fill materials to evaluate their physical effects and potential for chemical contamination. EPA may applications submitted to the Federal Power Com- mission and Nuclear Regulatory Commission. Any deny or restrict such discharges that will have an mission and Nuclear Regulatory Commission. Any proposed federal construction affecting living ma- unacceptable adverse effect on the aquatic environ- rine resources requires analyses and comments from ment. NMFS. Programs are directed toward protection and enhancement of fish habitats and resources. The NMFS is concerned with establishing sanctuaries and reserves to protect critical fish habitats and with dis- Department of seminating information on fish habitat conservation to other agencies and the public. Activities relating the Inter r to preservation of wetlands are closely tied to man- agement of fishery resources. U.S. FISH AND WILDLIFE SERVICE CONSULTATIVE RESPONSIBILITIES-Under the Fish and Wildlife Coordination Act, the FWS assesses the Enviroinmental impacts on fish and wildlife of all water and related .Prortection ferally funded or are constructed under a federal permit or license and provides reports to federal construction or regulatory agencies and to permit Agency applicants. Many of the projects involved occur in or affect wetland areas. Federal permits for water- GRANT PROGRAMS-EPA has an extensive program related development are reviewed by FWS to encour- of grants to assist state and local governments in age avoidance of adverse impacts on fish and wildlife developing plans for comprehensive protection of and their habitat, particularly in wetland areas. water resources, including wetlands, under Section ACQUISITION-The U.S. Fish and Wildlife Service 208 of the Federal Water Pollution Control Act. uses two funding systems to acquire wetlands. The Under Title 1 of this Act, EPA is funding research first is the Migratory Bird Conservation Account, projects specifically designed to advance understand- used to acquire significant migratory waterfowl hab- ing of freshwater and coastal wetlands and to pre- itat by direct purchase or perpetual easement. Funds dict the effects of pollution from industrial and come from the sale of "Duck Stamps" required of municipal sources and from discharge of dredged or all waterfowl hunters 16 years and older. The Land fill material. In cooperation with the Corps of En- and Water Conservation Account is used to acquire gineers, EPA has issued 5 grants to develop infor- habitat for endangered species, recreation and wil- mation that should allow further refinements in derness areas, and other lands designated by legisla- describing the upper boundaries of wetlands for tion. Acquisitions become part of the National regulatory purposes. Wildlife Refuge System. REGULATORY FUNCTIONS-EPA controls discharges RESEARCH-A national inventory of wetlands, lim- 62 nological studies of prairie wetlands, and research on wetland habitat for fish and wildlife are presently being conducted. HERITAGE CONSERVATION AND RECREATION SERVICE ACQUISITION-The Service administers the Land and Water Conservation Fund for wetland and other natural resource acquisition by federal and state agencies. NATIONAL PARK SERVICE ACQUISITION AND MANAGEMENT-The Park Service Canvasback drake preserves outstanding examples of our natural re- sources through management of the National Park studies of the hydrology of wetlands and classifica- System and by administration of the Natural Land- tion mapping of wetlands using high altitude and marks Program. Significant examples of wetlands satellite remote sensing. are often involved. RESEARCH: The research program is geared to rec- ognize and inventory wetlands worthy of park or , 4 landmark status and to better manage wetlands Drtme t within the Park System. the A my BUREAU OF LAND MANAGEMENT the ADMINISTRATIVE AND MANAGEMENT FUNCTIONS- U.S. ARMY CORPS OF ENGINEERS BLM prepares management plans to suggest opti- CIVIL WORKS PROGRA-The Cors of Engineers mum use of wetland areas within its jurisdiction. has responsibility for the development and mainte- has responsibility for the development and mainte- OFFICE OF WATER RESEARCH nance of the nation's water and related land re- OCAND OWTE ACHNOLOGY sources, including construction and operation of projects for navigation, flood control, shore and RESEARCH-Allotment and matching grants are made beach restoration and protection, hurricane and available to state and local institutions and univer- flood protection, hydroelectric power production, sities. Examples of present wetland studies include: water supply, water quality control, fish and wildlife prediction of pesticide effects in salt marshes, eval- conservation and enhancement, and outdoor recrea- uation of marsh ecosystem response to nutrients tion. contained in agricultural runoff, and effects of sew- age effluents on freshwater tidal marsh ecosystems. RESEARCH-In its Dredged Material Program, the Corps conducts research on methods of reducing BUREAU OF RECLAMATION the adverse environmental impacts associated with ADMINISTRATIVE AND MANAGEMENT FUNCTION- dredging and on beneficial uses for dredged material. Wetlands important to waterfowl in the western states which lie on or adjacent to reclamation proj- REGULATORY FUNCTIONS-Corps' permission is re- ects come under this authority quired for any construction activities in navigable waters, including coastal waters up to their mean high tide line (about 40 percent of U.S. coastal wet- U.S. GEOLOGICAL SURVEY lands). The Corps also has permit authority to reg- RESEARCH-USGS is involved in topographic, geo- ulate activities involving discharges of dredged or logic, and hydrologic mapping, with recent emphasis fill material in all "waters of the United States," on coastal and flood-prone areas. Projects include including all adjacent wetlands. 63 APPENDIX C * U. S. Army Corps of Engineers' Public Interest Review and Wetlands Policy *Wetlands Considerations in the Environmental Protection Agency 404 Guidelines which it will be allowed to occur, are therefore COTS Of ~~~~~~~~~~determined by the outcome of the general balancing ~iiI~c~psa process (e.g., see 33 CFR 209.400, Guidelines for Engffieers ~~~~~~~~Assessment of Economic, Social and Environmental Effects of Civil Works Projects). That decision should reflect the national concern for both protec- 42 Fed. Reg. 37136-37 (1977) tion and utilization of important resources. All fac- � 32.4 eneal olices or valatin pemitap-tors which may be relevant to the proposal must be �304Gnrlpolicie o vlations.emi p considered; among those are conservation, eco- Tefloigplceshlbeaplicabetionthe nomics, aesthetics, general environmental concerns, Theve ofoallown applicaions forl Deappiartmen tof the historic values, fish and wildlife values, flood dam- Armpermits. Adtofnall apolicaions fosDpecifintlly ap- age prevention, land use, navigation, recreation, Aryplbermts. Additaiona tpesofciviies arecienificalyap water supply, water quality, energy needs, safety, plcbet etin Parts3234 of athiviis capeietifer. food production, and, in general, the needs and wel- (a ulcintParets review. of Theeisionper fare of the people. No permit will be granted unless whether to issue a permit will be based on an eval- its issane isfoundlowbeing thenerali cinteriawl est.n uation of the probable impact of the proposed ac- siee in) The folluationgo generyapl cicteiailbon- tivity and its intended use on the public interest.siedintevauioofvryplcto: Evaluation of the probable impact which the pro- (i) the relative extent of the public and private posed activity may have on the public interest re- need for the proposed structure of work; quires a careful weighing of all those factors which (ii) the desirability of using appropriate alterna- become relevant in each particular case. The benefit tive locations and methods to accomplish the objec- which reasonably may be expected to accrue from tive of the proposed structure or work; the proposal must be balanced against its reasonably (iii) the extent and permanence of the beneficial foreseeable detriments. The decision whether to au- and/or detrimental effects which the proposed struc- thorize a proposal, and if so, the conditions under ture or work may have on the public and private 64 4% American beaver uses to which the area is suited; and barrier beaches, islands, reefs and bars; (iv) the probable impact of each proposal in rela- (v) Wetlands which serve as valuable storage tion to the cumulative effect created by other exist- areas for storm and flood waters; ing and anticipated structures or work in the general (vi) Wetlands which are prime natural recharge area. areas. Prime recharge areas are locations where sur- (b) Effect on wetlands. (1) Wetlands are vital face and ground water are directly interconnected; areas that constitute a productive and valuable pub- and lic resource, the unnecessary alteration or destruc- (vii) Wetlands which through natural water fil- tion of which should be discouraged as contrary to tration processes serve to purify water. the public interest. (3) Although a particular alteration of wetlands (2) Wetlands considered to perform functions may constitute a minor change, the cumulative effect important to the public interest include: of numerous such piecemeal changes often results (i) Wetlands which serve important natural bio- in a major impairment of the wetland resources. logical functions, including food chain production, Thus, the particular wetland site for which an ap- general habitat, and nesting, spawning, rearing and plication is made will be evaluated with the recog- resting sites for aquatic or land species; nition that it is part of a complete and interrelated (ii) Wetlands set aside for study of the aquatic wetland area. In addition, the District Engineer may environment or as sanctuaries or refuges; undertake reviews of particular wetland areas in (iii) Wetlands the destruction or alteration of consultation with the appropriate Regional Director which would affect detrimentally natural drainage of the Fish and Wildlife Service, the Regional Direc- characteristics, sedimentation patterns, salinity dis- tor of the National Marine Fisheries Service of the tribution, flushing characteristics, current patterns, National Oceanic and Atmospheric Administration, or other environmental characteristics; the Regional Administrator of the Environmental (iv) Wetlands which are significant in shielding Protection Agency, the local representative of the other areas from wave action, erosion, or storm Soil Conservation Service of the Department of damage. Such wetlands are often associated with Agriculture, and the head of the appropriate State 65 agency to assess the cumulative effect of activities outweigh the damage to the wetlands resource and in such areas. the proposed alteration is necessary to realize those (4) No permit will be granted to work in wet- benefits. In evaluating whether a particular altera- lands identified as important by subparagraph (2), tion is necessary, the District Engineer shall con- above, unless the District Engineer concludes. on sider whether the pIroposed activity is primarily de- the basis of the analysis required in paragraph (a), pendent on being located in, or in close proximity above, that the benefits of the proposed alteration to the aquatic environment and whether feasible alternative sites are available. The applicant must provide sufficient information on the need to locate Wild iris the proposed activity in the wetland and must pro- vide data on the basis of which the availability of feasible alternative sites can be evaluated. Environmental Protection Agency 40 Fed. Reg. 41296 (1975) (8) Wetlands. (i) Discharge of dredged material in wetlands may be permitted only when it can be demonstrated that the site selected is the least envi- ronmentally damaging alternative; provided, how- ever, that the wetlands disposal site may be per- mitted if the applicant is able to demonstrate that other alternatives are not practicable and that the wetlands disposal will not have an unacceptable adverse impact on the aquatic resources. Where the discharge is part of an approved Federal program which will protect or enhance the value of the wet- lands to the ecosystem, the site may be permitted. (ii) Discharge of fill material in wetlands shall not be permitted unless the applicant clearly dem- onstrates the following: (a) the activity associated with the fill must have direct access or proximity to, or be located in, the water resources in order to fulfill its basic purpose, or that other site or construction alternatives are not practicable; and (b) that the proposed fill and the activity asso- ciated with it will not cause a permanent unaccept- able disruption to the beneficial water quality uses of the affected aquatic ecosystem, or that the dis- charge is part of an approved Federal program which will protect or enhance the value of the wet- lands to the ecosystem. 66 APPENDIX D ExeutveOrder 11990 42 Fed. Reg. 26961 (1977) By virtue of the authority vested in me by the to private parties for activities involving wetlands on Constitution and statutes of the United States of non-Federal property. America, and as President of the United States of SEC. 2. (a) In furtherance of Section 101 (b) (3) America, in furtherance of the National Environ- of the National Environmental Policy Act of 1969 mental Policy Act of 1969, as amended (42 U.S.C. (42 U.S.C. 43 31 (b) (3) ) to improve and coordinate 4321 et seq.), in order to avoid to the extent Federal plans, functions, programs and resources to possible the long and short term adverse impacts the end that the Nation may attain the widest range associated with the destruction or modification of of beneficial uses of the environment without deg- wetlands and to avoid direct or indirect support of radation and risk to health or safety, each agency, new construction in wetlands wherever there is a to the extent permitted by law, shall avoid under- practicable alternative, it is hereby ordered as fol- taking or providing assistance for new construction lows: located in wetlands unless the head of the agency SECTION 1. (a) Each agency shall provide leader- finds (1 ) that there is no practicable alternative to ship and shall take action to minimize the destruc- such construction, and (2) that the proposed action tion, loss or degradation of wetlands, and to pre- includes all practicable measures to minimize harm serve and enhance the natural and beneficial values to wetlands which may result from such use. In of wetlands in carrying out the agency's responsibil- making this finding the head of the agency may take ities for (1) acquiring, managing, and disposing of into account economic, environmental and other Federal lands and facilities; and (2) providing Fed- pertinent factors. erally undertaken, financed, or assisted construction (b) Each agency shall also provide opportunity and improvements; and (3) conducting Federal ac- for early public review of any plans or proposals for tivities and programs' affecting land use, including new construction in wetlands in accordance with but not limited to water and related land resources Section 2(b) of Executive Order No. 11514, as planning, regulating, and licensing activities. amended, including the development of procedures (b) This Order does not apply to the issuance by to accomplish this objective for Federal actions Federal agencies of permits, licenses, or allocations whose impact is not significant enough to require 67 ited by law; or (c) withhold such properties from disposal. SEC. 5. In carrying out the activities described in Section 1 of this Order, each agency shall consider factors relevant to a proposal's effect on the survival and quality of the wetlands. Among these factors are: (a) public health, safety, and welfare, including water supply, quality, recharge and discharge; pol- lution; flood and storm hazards; and sediment and erosion; (b) maintenance of natural systems, including conservation and long term productivity of existing flora and fauna, species and habitat diversity and stability, hydrologic utility, fish, wildlife, timber, and food and fiber resources; and (c) other uses of wetlands in the public interest, including recreational, scientific, and cultural uses. SEC. 6. As allowed by law, agencies shall issue or amend their existing procedures in order to comply with this Order. To the extent possible, existing processes, such as those of the Council on Environ- mental Quality and the Water Resources Council, shall be utilized to fulfill the requirements of this Order. SEc. 7. As used in this Order: (a)The term "agency" shall have the same mean- ing as the term "Executive agency" in Section 105 of Title 5 of the United States Code and shall in- clude the military departments; the directives con- tained in this Order, however, are meant to apply The peregrin falcon, The peregrin falcon, only to those agencies which perform the activities an endangered species an endangered species described in Section 1 which are located in or affect- ing wetlands. the preparation of an environmental impact state- (b) The term "new construction" shall include ment under Section 102(2) (C) of the National En- draining, dredging, channelizing, filling, diking, im- vironmental Policy Act of 1969, as amended. pounding, and related activities and any structures SEC. 3. Any requests for new authorizations or or facilities begun or authorized after the effective appropriations transmitted to the Office of Manage- date of this Order. ment and Budget shall indicate, if an action to be (c) The term "wetlands" means those areas that proposed will be located in wetlands, whether the are inundated by surface or ground water with a fre- proposed action is in accord with this Order. quency sufficient to support and under normal cir- SEC. 4. When Federally-owned wetlands or por- cumstances does or would support a prevalence of tions of wetlands are proposed for lease, easement, vegetative or aquatic life that requires saturated or right-of-way or disposal to non-Federal public or seasonally saturated soil conditions for growth and private parties, the Federal agency shall (a) refer- reproduction. Wetlands generally include swamps, ence in the conveyance those uses that are restricted marshes, bogs, and similar areas such as sloughs, under identified Federal, State or local wetlands potholes, wet meadows, river overflows, mud flats, regulations; and (b) attach other appropriate re- and natural ponds. strictions to the uses of properties by the grantee or SEC. 8. This Order does not apply to projects purchaser and any successor, except where prohib- presently under construction, or to projects for 68 which all of the funds have been appropriated 2 and 5 of this Order are applicable to projects through Fiscal Year 1977, or to projects and pro- covered by Section 104(h) of the Housing and Corn- grams for which a draft or final environmental im- munity Development Act of 1974, as amended (88 pact statement will be filed prior to October 1, 1977. Stat. 640, 42 U.S.C. 5304(h)), the responsibilities The provisions of Section 2 of this Order shall be under those provisions may be assumed by the implemented by each agency not later than October appropriate applicant, if the applicant has also as- 1, 1977. sumed, with respect to such projects, all of the re- SEC. 9. Nothing in this Order shall apply to as- sponsibilities for environmental review, decision- sistance provided for emergency work, essential to making, and action pursuant to the National save lives and protect property and public health Environmental Policy Act of 1969, as amended. and safety, performed pursuant to Section 305 and 306 of the Disaster Relief Act of 1974 (88 Stat. JIMMY CARTER 148, 42 U.S.C..5145 and 5146). The White House, SEC. 10. To the extent the provisions of Sections May 24, 1977. Statement by the President Accompanying Executive Order 11990 The Nation's coastal and inland wetlands are vital wetlands through draining, dredging, filling, and natural resources of critical importance to the peo- other means has had an adverse cumulative impact ple of this country. Wetlands are areas of great na- on our natural resources and on the quality of hu- tural productivity, hydrological utility, and environ- man life. mental diversity, providing natural flood control, The problem of loss of wetlands arises mainly improved water quality, recharge of aquifers, flow from unwise land use practices. The Federal Gov- stabilization of streams and rivers, and habitat for ernment can be responsible for or can influence fish and wildlife resources. Wetlands contribute to these practices in the construction of projects, in the the production of agricultural products and timber, management of its own properties, and in the pro- and provide recreational, scientific, and aesthetic re- visions of financial or technical assistance. sources of national interest. In order to avoid to the extent possible the long The unwise use and development of wetlands will and short term adverse impacts associated with the destroy many of their special qualities and important destruction or modification of wetlands and to avoid natural functions. Recent estimates indicate that the direct or indirect support of new construction in United States has already lost over 40 percent of our wetlands wherever there is a practicable alternative, 120 million acres of wetlands inventoried in the I have issued an Executive order on the protection 1950's. This piecemeal alteration and destruction of of wetlands. 69 Photo Credits Cover and contents page: Susan Bournique, The 18, 20: Allen Carroll; 30: � National Geographic Nature Conservancy; iv, vi: Allen Carroll; 2-3: Society; 35, 38, 40: Allen Carroll; 42-43: �i Na- � National Geographic Society; 4: Tim Loomis, The tional Geographic Society; 44-45 (Marco Island, Nature Conservancy; 6, 7: Allen Carroll; 8: � Na- Florida): � National Geographic Society; 46-47: E. tional Geographic Society; 9, 10, 11: Allen Carroll; Zell Steever; 48: � National Geographic Society; 50, 12-13: Susan Bournique, The Nature Conservancy; 54-55 (Phragmites communis), 66: Allen Carroll. 13: Allen Carroll; 14, 15: The Nature Conservancy; L'* ~~~~~~~~~~~~~~~Moose 70 * U.S. GOVERNMENT PRINTING OFFICE 1979 0-251-726 PARTICIPANTS Members of the Task Force Council on Environmental Quality E. Zell Steever, Project Director Sheila Mulvihill, Editor U.S. Department of Agriculture Forest Service Roy W. Feuchter Donald D. Strode Soil Conservation Service Billy M. Teels Carl H. Thomas U.S. Department of the Army U.S. Army Corps of Engineers Lt. Col. John R. Hill, Jr. William N. Hedeman U.S. Department of Commerce National Marine Fisheries Service Kenneth L. Beal U.S. Environmental Protection Agency J. Vance Hughes Peter F. Smith U.S. Department of the Interior Fish and Wildlife Service Margaret T. Kolar Joseph E. Townsend Advisors Harold L. Kibby John Matheson U.S. Environmental Protection Agency Forest Service Jon Kusler William A. Niering Environmental Law Institute Connecticut College Joseph S. Larson Bill 0. Wilen University of Massachusetts U.S. Department of the Interior, Fish and Wildlife Service U.S. Department of Agriculture Forest Service Soil Conservation Service U.S. Department of the Army U.S. Army Corps of Engineers U.S. Department of Commerce National Marine Fisheries Service U.S. Environmental Protection Agency U.S. Department of the Interior Fish and Wildlife Service Coordinated by the Council on Environmental Quality 3 6668 00003 0017