Rollie Schmitten Responds to AFS Editorial

The American Fisheries Society s (AFS) May 1994 issue of Fisheries contains an editorial letter from NMFS Assistant Administrator for Fisheries, Rolland Schmitten. The letter is in response to AFS Executive Director Paul Brouha s February 1994 editorial entitled, the The NMFS Habitat Protection Program: Lost in the Bureaucracy." Brouha s editorial reported shortcomings in the NMFS Habitat Protection Program, based on the findings of three recent major program assessments. Particular attention was addressed to the 1994 Office of Inspector General s (OIG) report Major Initiatives Needed to Protect Marine Habitats."

Schmitten's letter concurs with the major findings of the OIG Report. He pointed out that the loss of nearshore ocean and estuarine fishery habitat is probably the greatest long-term threat to U.S. marine fishery productivity. He then laid out several steps now underway to improve the NMFS Habitat Protection Program for the 1990's and beyond. Among these are:

o Development of a multi-year NMFS habitat protection budget initiative to meet the Program's unfunded needs and to be included in NOAA's strategic plan. o Pursuit of new legislation to improve NMFS habitat protection authorities will be included in NOAA s Fiscal Year 1995 legislative package. o Redirection of NMFS resources now employed in support of other NOAA/NMFS missions back to habitat protection mandates.

Copies of both the editorial and letter are attached. Copies of the OIG report are available upon request from the F/HP. (Ken Roberts, 301-713-2325)

NMFS-FWS Unveil Joint Rule-making Effort For Fishway Prescription Responsibilities.

On May 5, 1994, high ranking officials and staff of NMFS, Interior s Fish and Wildlife Service (FWS), and the Federal Energy Regulatory Commission (FERC) met to explore interagency issues, communications, and understanding. The intent for for NMFS and FWS was to provide FERC officials with early notice of plans to undertake joint rule-making to carry out fishway prescription responsibilities. The prescription responsibilities are cited under section 18 of the Federal Power Act. Administrators present at the FERC offices included NMFS Deputy Director Nancy Foster, FWS Director Mollie Beattie, and FERC Chair Elizabeth Moler.

Other discussion items included: (1) proposed FERC policies on hydroelectric dam decommissioning and cumulative impacts; (2) increased NMFS-FERC information exchanges, perhaps under procedures similar to those in an existing 1993 FWS/FERC Agreement; and (3) the National Hydropower Association s proposal to amend FERC s relicensing procedures. (John Hall, 301-713-2325)

Status of Habitat Provisions in Magnuson Act (MFCMA) Reauthorization

The pace of Magnuson Act reauthorization has quickened in recent weeks. In early April, the F/HP briefed House Merchant Marine and Fisheries staffers on the NMFS Habitat Protection Program. The briefing covered key NMFS habitat authorities, headquarters and regional habitat program responsibilities, possible habitat amendments to the Magnuson Act, and other habitat protection issues, including the Commerce OIG Report.

At this writing, the Merchant Marine and Fisheries Committee is completing their Magnuson Act amendments and expects to introduce them in early June. This legislation also addresses foreign fishing, large-scale driftnet fishing, improvements to fishery management plans and the emergency rule-making process, and the establishment of fees to pay the costs of carrying out conservation and managemen measures.

On May 12, Representative Wayne Gilchrest (R-MD) of the Merchant Marine and Fisheries Committee introduced H.R. 4404, the Marine Fish Conservation Amendments of 1994. Of particular habitat protection importance, H.R. 4404 would extend the Commerce Department s fishery habitat protection authorities to review state and Federal, projects, permits, and licenses. Under certain conditions, it calls for a Secretarial veto power over Federal development actions. The bill was developed by the Marine Fish Conservation Network, a nationwide coalition of over 60 conservation and fishing groups, and proposes several changes to the Magnuson Act. Other possible changes address overfishing, bycatch, regional Fishery Management Council reform, and research and enforcement needs.

On May 16, the Secretary of Commerce forwarded the Administration s proposal to amend the Magnuson Act to the Congress. With respect to habitat protection, the Administration s bill calls for the identification of essential fishery habitat" in each Federal fishery management plan. (Ralph Lopez, 301-713-2325)

NOAA/NMFS Pursuing Basic Fish and Wildlife Coordination Act (FWCA) Amendment

F/HP has acted to rekindle a basic, but critical, technical amendment to the FWCA. The amendment would at long last officially establish NMFS as a Federal fish and wildlife agency under this important habitat advocacy law. The action came about because of the 1994 Department of Commerce s OIG report on the NMFS Habitat Protection Program. In response to that report, NOAA committed itself to launch a legislative plan to strengthen NMFS s legal habitat authorities. At this time, it is being pursued within the Administration.

Long overdue, the amendment is needed because of an oversight which occurred with the transfer of responsibilities from the FWS to NMFS in 1972. The Nixon Administration s Reorganization Plan 4, which created NOAA, transferred the old Bureau of Commercial Fisheries FWCA staff and responsibilities from the Department of Interior. Over the years, NMFS FWCA authority has been challenged because the law does not acknowledge NMFS as a Federal fish and wildlife agency.

The last attempt for enactment occurred in 1991. The Bush Administration developed and delivered to the Speaker of the House and the President of the Senate, a package of amendments to the Fish and Wildlife Coordination Act. These amendments would have codified the authorities and responsibilities of the NMFS to protect fish habitats. However the package was not enacted.

Anyone interested in more information or obtaining a copy of the proposal contact James Burgess (301-713-2325).

Multi-year NMFS Habitat Protection Initiative Completed

In its response to the 1994 OIG Report on the NMFS Habitat Protection Program, NOAA committed itself to make NMFS Habitat Program needs a high agency priority. One proposed action was that NMFS would develop a comprehensive multi-year plan to develop adequate resources to meet the Program s mandated, but unfunded, resource requirements.

This plan was developed and submitted by F/HP in time for consideration in NOAA s FY 96 budget process. We are pleased that an initial year of funding has been included in NOAA s request to the Department of Commerce.

While the specifics of the proposals, including funding amounts, are confidential, the initiative would focus upon carrying out procedures and options available under the FWCA, Federal Power Act, Magnuson Act, and National Environmental Policy Act to influence Federal decisions about important habitats. These activities will include direct involvement in Federal decisions regarding dredge and fill projects, OCS oil and gas development, ocean dumping, water diversion, artificial impoundments, energy facility siting, water quality degradation, and removal or degradation of tidal and intertidal wetlands.

The funding proposals include: (1) base program enhancement to address yers of underfunding; (2) identification of essential habitats under the Magnuson Act, if amended; (3) an anadromous fish habitat initiative directed at Federal hydroelectric licensing and relicensing; and (4) activities to prevent the need to list species as endangered or threatened. (James Burgess, 301-713-2325).

Options Paper Completed on Dredging Problems and Solutions

An Interagency Working Group was formed last fall by the Department of Transportation s Maritime Administration. Its purpose is to identify potential solutions to problems associated with port development and Federal dredging and dredged material disposal processes. An initial series of public outreach sessions were held early this year throughout the United States. Based on these sessions, an Options Paper has been developed and released.

The paper presents a spectrum of options to address problems associated with dredging and disposal in port development. Of particular importance are the options dealing with the creation of a national dredging policy, advance planning incentives, and changes in methods and processes for funding dredging projects. The paper overviews how the Group assimilated the results of the first round of outreach meetings, discusses five major issue areas, and sets forth options that will be discussed at a second round of outreach sessions. These sessions are scheduled to occur May 18 to June 2. (Ralph Lopez. 301-713-2325).

June Federal Register Release Scheduled for Review of Mitigation Banking Policy

For several months, representatives of NMFS, FWS, Environmental Protection Agency (EPA), U.S. Army Corps of Engineers and the Soil Conservation Service have been preparing an interagency policy on wetland mitigation banking. The policy will provide guidelines for use by Federal personnel and prospective sponsors in setting up mitigation banks. Publication of the policy in the Federal Register for comment is scheduled for June or July 1994. A completed policy should be available by early Fall.

The policy addresses many aspects of mitigation banking, from preliminary planning meetings to long-term protection of the bank wetlands. To ensure interagency cooperation, the policy recommends that an interagency Mitigation Review Team (MRT) be established for each bank. The MRT sets up guidelines under which a specific bank will be operated and reviews monitoring reports, credit accounts, and the general operation of the bank. Through participation in MRT s, NMFS will have an opportunity to establish banking procedures that ensure appropriate compensation for fishery habitat lost under the Clean Water Act Section 404 permit program. (Susan Stedman, 301-713-2325)

Good News For Alaskan Wetlands -- Release of Alaska Wetlands Policy Paper

The final Summary Report of the Alaska Wetlands Initiative was released on May 13, 1994, by the Corps and EPA. Concurrently, the controversial 1992 proposed Alaska 1%" rule-making was withdrawn. These two actions were in response to recommendations in the Administration s August 24, 1993, report on protecting America s wetlands. At stake are Alaskan wetlands, which provide habitat for the highly valuable fishing industry and employment for Alaskans.

The Summary Report details the environmentally appropriate actions that are being taken to ensure regulatory flexibility in protecting Alaska s wetlands. If promulgated, the 1%" rule would have excepted all wetlands in Alaska from National mitigation requirements which would have resulted in placing to high value coastal habitats for living marine resources in danger of destruction.

The NMFS habitat protection staff played a substantial role during the seven months of initiative development. NMFS regional staff participated in the Alaskan stakeholder meetings and development of issue papers and Headquarters staff articipated in development of the final Summary Report. NMFS was invited because of its trustee responsibilities for living marine resources and their habitats. The Initiative addresses the concerns of stakeholders, while ensuring the protection of wetlands and associated living marine resources. Key elements in the Summary Report include: abbreviated permit processing procedures under certain conditions in Alaskan villages; development of general permits where potential impacts are small, such as construction of schools and medical clinics; and strengthening of relationships among State and local governments, Native corporations and villages. (Ramona Schreiber, 301-713-2325)

Qualified No" To Schmitten on NMFS Elevation Rights for Gastineau Channel, Juneau, A laska

In a letter of May 12, 1994, Acting Assistant Secretary of the Army John H. Zirschky has denied NMFS Assistant Administrator Rolland Schmitten s request to waive an administrative restriction to NMFS elevation rights. At issue is a controversial permit application under the Army-Commerce Section 404(q) Memorandum of Agreement for the Alaska-Juneau Mine, near Juneau. However, Army has said that, NMFS will have an opportunity to provide its views informally in the Corps decision process if the FWS elects to elevate the issue to Washington, D.C.

The Alaska-Juneau Mine, a gold mine near Juneau, Alaska, has filed Federal permits to reopen the mine. NMFS is concerned about impacts that construction and operation of the mine may have on aquatic resources. NMFS believes that the proposal should require reexamination of the permit and reopening of the public review process. A proposed tailings impoundment on Sheep Creek (a state-designated anadromous fish stream) would be used to dispose of cyanide-treated tailings. Most of the Sheep Creek flow and excess effluent from the impoundment would be discharged into the adjacent Gastineau Channel. The diversion of 80 percent of Sheep Creeks s freshwater flow will essentially de-water 1.1 miles of productive spawning habitat. Sheep Creek is an essential habitat for several fisheries resources including Dolly Varden char and anadromous populations of pink and chum salmon. The natural fish populations are augmented by a private, non-profit fish hatchery at the mouth of Sheep Creek. A significant roadside sport fishery also exists in this area, which in 1987, was valued at $14.4 million. Rerouting of Sheep Creek would drastically alter and impair the ecosystem. Because of the potentially damaging impacts to living marine resources, NMFS fully intends to use all available avenues to assure full consideration of the fishery issues in the Corps decision process. (Ramona Schreiber, 301-713-2325)

Opportunity to Protect Fish Habitat Through FPA Section 10(a)

Conservation agencies and organizations should be aware that the Federal Power Act (Act) requires the Federal Energy Regulatory Commission (FERC) to consider fully other Federally authorized mandates before arriving at a licensing decision. Section 10(a) of the Act states that FERC must consider The extent to which the [proposed] project is consistent with a comprehensive plan (where one exists) for improving, developing, or conserving a waterway or waterways affected by the project . . . .." In order for section 10(a) to be applicable, the comprehensive" plans must be on file with FERC.

The F/HP has been taking steps to assure that applicable NMFS comprehensive fish and wildlife plans are officially filed with FERC. The West Coast Salmon Fishery Management Plan is already on file. Four additional plans -- The Alaska and Atlantic salmon FMPs and two critical habitat plans for West Coast salmon -- were submitted to FERC during May.

Conservation agencies and organizations are encouraged to familiarize themselves with Section 10(a) and take steps to see that their applicable comprehensive plans" are also find their way to FER s file. The Office has briefed the Atlantic States Marine Fishery Commission and NOAA s Office of Coastal Resource Management so they could also file their plans with FERC. FERC s interpretation of Section 10(a) (FERC Order 481-A) and a list of current plans filed with FERC have been distributed to NMFS Regional Habitat Offices. For more information, contact Mr. Clem Bribitzer (301-713-2325).

NMFS Comments on PACFISH Interim Strategies

PACFISH is a long-term ecosystem based, aquatic habitat and riparian-area management strategy, for Pacific salmon, steelhead, and sea-run cutthroat trout habitats on lands administered by the U.S. Forest Service (FS) and the Bureau of Land Management (BLM)." The strategy is being developed to provide a management framework to arrest the decline of anadromous fish populations and the destruction of their habitats. Of approximately 400 stocks of salmon, steelhead, and sea-run cutthroat trout occurring in the region addressed by the EA, 214 stocks are considered at-risk and 106 are already extinct. The region addressed by PACFISH includes anadromous fish habitat on all or parts of 15 national forests in 4 FS Regions in 4 states and 7 BLM districts in 4 states.

In March 1994, FS and the BLM forwarded for review an Environmental Assessment (EA)" of proposed interim PACFISH strategies. The EA addresses interim or temporary strategies, which are to be implemented while the longer-term, permanent PACFISH strategy is under development. The EA proposes five alterative management scenarios that provide varying levels of habitat protection.

In May 1994, NMFS completed detailed comments and recommendations on the EA interim PACFISH initiative. The Anadromous Fish Habitat Division, F/HP solicited and coordinated NMFS comments from the Protected Resources and Habitat Protection Offices of the Northwest, Southwest, and Alaska Regions. NMFS has recommended adoption of PACFISH Alternative 5, because it offers the most comprehensive protection for anadromous fish. (Stephen Waste 301-713-2325)

Call For Oyster Disease Research Proposals

A solicitation for FY 1994 proposals to conduct oyster disease research was published in the Federal Register on May 16, 1994. NMFS receives $1.5 million annually to conduct a program of oyster disease research. These funds are administered out of the NOAA Chesapeake Bay Office, Annapolis, Maryland. Seventeen proposals from universities and state agencies from Maine to South Carolina were funded with FY 1993 funds.

The program is in response to infections of oysters on both the East and Gulf Coasts by the parasites MSX (Haplosporidium nelsoni) and Dermo (Perkinsus marinus). In Chesapeake Bay, these parasites kill the oyster before it reaches marketable size and, as a result, the Bay oyster catch has plummeted to record lows. Long Island hatcheries in recent years have also suffered from extensive, poorly-understood, juvenile oyster mortality.

Since 1989, NMFS has funded a competitive extramural program to investigate aspects of the life cycle of oyster pathogens, physiological and genetic factors influencing resistance, and management strategies such as oyster reef restoration to enhance survival of the American oyster, Crassostrea virginica, in Northeastern states. One recent accomplishment has been the development of a technique for culturing Dermo, which for the first time enables lab-based experimentation with Dermo.

For more information, contact Ms. Bess Gillellan (410-267-5660).

Effort Beginning to Update Chesapeake Bay Bathymetry

The NOAA Chesapeake Bay Office has taken the lead in organizing an interagency effort to update Chesapeake Bay bathymetry information. The NOAA Office met in mid-May with officials from Maryland state agencies, the EPA Chesapeake Bay Program Office, nd the Coast and Geodetic Survey of NOAA s National Ocean Service to begin defining user needs, project objectives, and logistics.

Decades of shoreline erosion and sedimentation in tributaries and channels limit the value of existing bathymetry data. The vintage of depth data used on nautical charts dates from pre-1940 for a large portion of the northern Bay; some data are from 100-year-old lead line surveys.

More accurate depth information is increasingly important for habitat protection and restoration efforts of the multi-agency state/Federal Chesapeake Bay Program. For example, accurate bathymetry is needed to estimate acreages of potential submerged aquatic vegetation habitat and to screen the Bay for suitable sites for oyster reef creation.

While the interagency project may eventually cover the entire tidal Bay and tributaries, it is expected to focus on Maryland waters initially, beginning as early as spring, 1995. (Bess Gillellan, 410-267-5660).

New Catch-and-Release Video -- Fishing for a Future"

An excellent new 30-minute video on catch-and-release fishing, entitled Fishing for a Future," is now available. Co-produced by the NOAA Chesapeake Bay Office and Maryland Sea Grant, the video features footage with George Reiger at a tuna-tagging tournament in Watchapreague, VA; Bob Lippson amberjack fishing at the mouth of Chesapeake Bay; shark tag-and-release fishing out of Ocean City, MD, with Capt. Mark Sampson and John Riggins; and cod fishing out of Gloucester, MA, with Capt. Tom Hill. A reference card on catch-and-release techniques and an ethical angling sticker come with the video.

Copies are available for $5.00 by check (payable to University of Maryland Sea Grant College) sent with return mailing address to: Maryland Sea Grant, Fishing for a Future, 0112 Skinner Hall, University of Maryland, College Park, MD 20742. For more information on the video and other resources on the catch-and-release ethic, contact John Jacobs at the NOAA Chesapeake Bay Office in Annapolis (410-267-5660).

These items have been prepared by the Office of Habitat Protection (F/HP), National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD, tel. 301/713-2325. Questions and comments may be directed to the staff members cited in the notes.