Great Lakes Aquatic Habitat News
The Newsletter of the Great Lakes
Aquatic Habitat Network and Fund
Volume 9, Number 1 • January-February 2001
Great Lakes Aquatic Habitat NewsThe Newsletter of the Great Lakes
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In New York, around three-quarters of the state’s wetlands are located in the St. Lawrence Valley and the Adirondacks. They function as a giant sponge to reduce flooding. They also act like nature’s kidney, filtering pollutants out of water. The food and habitat they provide make the North Country one of the most important migratory flyways in North America. Wetlands under 12.4 acres (in NY) not immediately adjacent to navigable waterways will no longer be under the regulatory scope of the Army Corps of Engineers. If the ruling is applied that narrowly, Congress would have to amend the Clean Water Act or States and Local Governments would have to enact laws within their legislative bodies to fill the gaps.
On January 19, 2001, the General Council of EPA and the Chief Counsel of the Corps issued a memorandum providing the agencies’ legal interpretation of Clean Water Act jurisdiction in light of SWAANC (available at www.epa.gov/owow/wetlands/). The EPA and the Corps will need to provide additional guidance on the meaning of key terms in the SWAANC opinion such as “significant nexus”, “adjacent”, and “tributary”. These interpretations will likely be tested in the courts over the coming months and years.
New York wetlands 12.4 acres or greater, OR of unusual local importance are regulated by the NYS Department of Environmental Conservation. In some instances (very few) local governments have also enacted overlay districts or other zoning mechanisms to regulate wetlands. Vulnerable wetlands in NY include vernal pools, many forested wetlands, seeps and springs, and bogs. It is unknown at this time how many acres may be affected.
State and local wetland regulatory programs throughout the Nation focus primarily upon navigable waters, tributaries, and adjacent wetlands (See generally, Kulser, Jon et.al 1995, State Wetland Regulation; Status of Programs and Emerging Trends, Association of State Wetland Managers, Berne, N.Y. 12023). New York provides regulatory programs for isolated waters and freshwater wetlands that provide protection for isolated freshwater wetlands. Cooperative state/local regulatory efforts are achieved in cooperation with local governments. However, in New York, regulations are limited by wetland size (e.g., 12.4 acres in New York). New York will have to adopt an independent program in order to maintain a pre-SWANCC level of wetland protection.
Here is the latest SWANCC document, produced by ASWM. It is located at www.aswm.org/swancc/aswm-int.pdf. For more information in New York contact: Jennifer Brady-Connor from New York State Wetlands Forum, Inc. email - jennifer@aswm.org or call her at (518) 783-1322.
New York State Department of Environmental Conservation (DEC) Commissioner John P. Cahill announced that Donald Zelazny has been appointed as the agency’s new Great Lakes Programs Coordinator.
In his new post, Zelazny serves as DEC’s primary contact for Great Lakes activities and planning initiatives, coordinating inter-agency and intra-agency activities involving natural resource and environmental quality programs as they affect the Great Lakes basin. Working out of DEC’s regional office in Buffalo, Zelazny is responsible for administering the New York State Great Lakes Protection Fund research grant award process, overseeing ongoing development and implementation of the Lake Erie and Lake Ontario Lakewide Management Plans and the Niagara River Toxics Management Plan, and representing DEC on several basin-wide Great Lakes committees, councils and commissions. He also serves as the DEC liaison to the New York State Great Lakes Basin Advisory Council and the New York State Coalition of Great Lakes Legislators.
The United Nations Commission on Sustainable Development comes to NY this spring to discuss Energy and Sustainability. From 16 -27 April the UN Commission on Sustainable Development (CSD) convenes in New York. One of the issues on the agenda for its ninth session (hence CSD 9) will be energy and sustainability. The CSD was established to monitor the implementation of the outcome of the Rio Earth Summit (1992). Countries report to the Commission on the progress made, and the Commission advises the UN and its Member States on how to achieve sustainable development in the 21st century.
New York State and Connecticut have asked Canada to convert three coal-fired plants to cleaner-burning natural gas, saying pollution from the generators is increasing death rates and damaging the Adirondack’s forests, lakes, and aquatic habitats and is causing species degradation.
For over 30 years, millions of Americans have joined together to question the forces causing environmental problems and celebrating planet Earth on April 22, Earth Day. In Western New York, members of our community have been working at the international, ederal, state and local levels to make everyday Earth Day.
We have seen some awesome progress: Lake Erie is no longer considered dead, knowledge of chemicals and their health effects are increasing daily and environmental organizations are strong political players at all levels of governing. We also recognize there is a long way to go. Pollution still befouls our air, water, and land. Our beautiful farms, forests, wetlands, and wild lands are disappearing due to unplanned and inappropriate development, while our inner cities suffer and buildings sit unused. The need for increased public awareness of and involvement with environmental issues calls us to action.
In 2000, a coalition of environmental organizations, government agencies, businesses, faith-based organizations, educators, and elected officials came together to celebrate the 30th anniversary of Earth Day. Building on the momentum of last year’s highly successful event, the Earth Day Steering Committee has organized Earth Day 2001: Our Water Our Future, reaching out to educate, connect, and involve even more members of the Western New York/Southern Ontario community.
We would like your organization to join our Earth Day 2001 festivities. You can do so in a variety of ways. Set up a display of your group’s environmental projects, efforts, or programs. Tabling at the event will be $10 per table. We encourage tablers to create displays that are interactive. Include an activity from your table in the children’s scavenger hunt at the Earth Day event. Donate paraphernalia from your organization (hats, t-shirts, mugs, etc.) to offer as door prizes. Promote the event to the members of your organization, community, or constituency. (Flyer included) Coordinate an activity or event to complement the Celebration festivities.
We hope that you will join in the Earth Day 2001 Celebration. To participate, please complete and return the registration form and check to Dana Bobinchek, Activities Chair at the following location: NYLCV, 775 Main Street, Suite 230 Buffalo, NY 14203. P: 716-856-0457 F: 716-856-0458 www.nylcv.org.