7377

• UCREFRP Catalog Number: 7377
• Author: Kusler, J. A. and S. Daly.
• Title: Wetlands and River Corridor Management.
• USFW Year: 1989.
• USFW - Doc Type: \
• Copyright Material: NO

And, recently (April) we won a criminal
enforcement case where two Florida men were
sentenced to 21 months of incarceration and a fine
of $5000 each for knowingly discharging fill
materials into wetlands. Around the nation, there
have been four other convictions for illegally
filling wetlands in the last 12 months.
We are hoping that vigorous enforcement will
significantly decrease the illegal fill activity
which has been rampant in the past.
In Region IV, we completed two Section 404(c)
veto actions in the past year. One (Lake Alma)
involved 1400 acres of prime bottomland hardwoods
in Georgia. The other involved 432 acres of the
East Everglades threatened by agricultural opera-
tions. Also, we are working to resolve a 404(c)
issue with the Mississippi Highway Department.
I believe in strong enforcement with, hope-
fully, criminal convictions when the law is
flaunted.
Mitigation
Another effort we are working on cooperatively
with the Corps is developing a joint policy on how
we will implement mitigation within the Section
404 Program. And when we talk about mitigation, we
are talking about minimization of impacts as well
as compensation for unavoidable wetland losses.
The mitigation policy is not yet final, but we
are hopeful that a joint policy will be signed
within a month. This policy should incorporate a
process that directs the Corps, during the review
of individual Section 404 permit applications, to
follow a mitigation sequence of avoidance, minimi-
zation, and lastly compensation for unavoidable
wetlands impacts.
ADVANCE IDENTIFICATION
Another major EPA initiative is to increase the
use of the advance identification authority and
other wetlands planning processes to plan for
wetlands protection prior to projects in wetlands
being conceived and permit applications submitted.
If we can be more clear about what is allowable we
can avoid a lot of confusion.
We are hoping that communities who know where
their valuable wetlands are will take it upon
themselves to avoid impacts to these valuable
natural systems.
In Region IV, we are planning an advance
identification study of a wetland area in each of
our eight states; in Florida we have five planned;
three are underway. In South Carolina, we are
proceeding on an advanced identification study for
the Carolina Bays. The wetland areas to be evalu-
ated are ones threatened by development pressures
which need an assessment to help direct future
development activities away from the remaining
highly valuable wetlands.
EDUCATION
As an agency, we are also focusing attention on
increasing public information and outreach on the
functions and values of wetlands. We are trying to
reverse the long-held public perception that
swamos and bogs are inherently evil, mosquito-
infested stagnant useless areas. Ana insteaa
nurture and develop within the collective public
consciousness an appreciation and a respect for
wetlands that is based on the many valuable
functions these systems provide to society.
The agency has developed several products which
provide information to a variety of audiences, and
we are planning to develop materials suitable for
primary and secondary school programs (slide
shows, brochures, coloring posters for kids).
INTEGRATION WITH OTHER PROGRAMS
The agency is also looking for ways to
integrate wetlands protection within our other
programs such as non-point source pollution and
water quality management.
We are working with the Superfund and Resource
Conservation and Recovery Act (RCRA) programs to
insure that wetlands at these sites are appropri-
ately evaluated and remedied.
Under RCRA subtitles C and D, we are working to
insure through regulation development the siting
of new facilities outside of wetlands.
We are developing water quality standards
applicable to wetlands, since water quality in
many wetlands does not lend itself to management
with traditional open-water-type standards.
IMPLEMENTING NO NET LOSS IN THE EPA PROGRAM
The no net loss goal as a policy and a
directive will be touted in retrospect as one of
the important turning points in the protection of
wetlands in this country. At this early point in
time, however, we are struggling within the agency
on how to implement the goal.
We understand, as federal and state program
managers, that we cannot as a matter of policy
deem every wetland untouchable or unfillable. The
policy forum also acknowledged this and recommend-
ed that the goal not be applied on a permit by
permit basis. The Section 404 Program is, however,
a permit program, and if we at EPA and the Corps
are to do our share in meeting the goal, then we
must try to apply the goal permit by permit,
allowing exceptions in only special situations.
And if we are to achieve no net loss of
wetlands through Section 404 permits, we will need
to depend on the ability to restore, create and
enhance wetlands as a way to recover the wetland
acreage lost through permits.
Unfortunately, the regulatory need to restore
and create wetlands is here now, but the science
and method to perform these operations success-
fully is lagging behind. Do we go forward with
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