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DEPARTMENT
OF DEFENSE
Department of the Army; Corps of Engineers
Intent [To
Prepare a Programmatic Environmental Impact Statement] for a Proposed
Introduction of the Oyster Species, Crassostrea ariakensis, Into the
Tidal Waters of Maryland and Virginia To Establish a Naturalized, Reproducing,
and Self-Sustaining Population of This Oyster Species
AGENCY:
Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION:
Notice of
intent.
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SUMMARY:
The U.S. Army Corps of Engineers (Corps) is the lead Federal agency. The
Virginia Marine Resources Commission (VMRC) on behalf of the Commonwealth of
Virginia and the Maryland Department of Natural Resources (MDNR) on behalf of
the State of Maryland are the lead state agencies (States). The lead agencies,
in cooperation with the U.S. Environmental Protection Agency (EPA), the
National Oceanographic and Atmospheric Administration (NOAA), and the U.S.
Fish and Wildlife Service (FWS), announce their intent to prepare a
programmatic Environmental Impact Statement (EIS) to evaluate alternative
approaches to increasing Oyster populations into the tidal waters of Maryland
and Virginia (Chesapeake and coastal bays) to provide the following benefits.
The benefits of a rehabilitated Oyster resource include the potential for
improved water quality, creation of aquatic habitat, and the re-establishment
of an economically viable Oyster industry preserving the region's culture
associated with working waterman.
The proposed action to be evaluated in the EIS will be a
proposal by the states to introduce the Asian oyster species, Crassostrea
ariakensis, propagated from existing 3rd or later generation of the Oregon
stock of this species, into the tidal waters of Maryland and Virginia to
increase oyster populations. The States and the Corps will continue native
oyster (C. virginica) restoration efforts throughout the Chesapeake
Bay.
DATES: MEETINGS: Public scoping meetings will be held
January 26, 2004, 7 p.m. at MD DNR, Tawes Building, Annapolis, MD 21401 and
January 28, 2004 at 6 p.m. at the VMRC, 2600 Washington Avenue, Newport News,
VA.
COMMENTS: Submit comments by February 20, 2004.
ADDRESSES: Written comments on the scope of the
programmatic EIS or request for information should be sent to Mr. Peter Kube
at the U.S. Army Corps of Engineers, Regulatory Branch, 803 Front Street,
Norfolk, VA 23510 or sent via e-mail at peter.r.kube@usace.army.mil.
FOR FURTHER INFORMATION CONTACT: Questions about the
proposed action and Draft EIS can be answered by Mr. Peter Kube at the Corps,
(757)441-7504, Mr. Thomas O'Connell, Fisheries Service, MDNR, 410-260-8261, or
Mr. Jack Travelstead, VMRC, (757) 247-2247.
SUPPLEMENTARY INFORMATION:
Proposed Action
The State of Maryland and Commonwealth of Virginia propose to
introduce the oyster species, Crassostrea ariakensis, into the tidal
waters of Maryland and Virginia, beginning in 2005 or as soon as a rigorous,
scientifically based EIS can be undertaken and a Record of Decision prepared,
for the purpose of establishing a naturalized, reproducing, and
self-sustaining population of this oyster species.
Diploid C. ariakensis would be propagated from existing
3rd or later generation of the Oregon stock of this species, in accordance
with the International Council for the Exploration of the Sea's (ICES) 1994
Code of Practices on the Introductions and Transfers of Marine Organisms.
Deployment of diploid C. ariakensis from hatcheries is
proposed to occur first on State designated sanctuaries separate from native
oyster restoration projects, where harvesting would be prohibited permanently,
and then on harvest reserve and special management areas where only selective
harvesting would be allowed.
The States further propose to continue native oyster (C.
virginica) restoration efforts with the Corps throughout the Chesapeake
Bay by using the best available restoration strategies and stock assessment
techniques, including the maintenance and expansion of the existing network of
sanctuaries and harvest reserves, enhancing reproduction through broodstock
enhancement, and supplementing natural recruitment of this species with
hatchery produced spat.
The objective of this proposal and continuing restoration of
native populations is to establish a self-sustaining oyster population that
reaches a level of abundance in Chesapeake Bay that would support sustainable
harvests comparable to harvest levels during the period 1920-1970. The
benefits of a rehabilitated oyster population may include: Improving water
clarity by filtering phytoplankton, suspended solids and organic particles
from the water, providing important reef habitat for oysters, finfish, crabs
and a diversity of other species; enhancing essential fish habitat,
rehabilitating an oyster population capable of supporting an economically
viable Oyster industry, and preserving the Chesapeake Bay's communities and
culture associated with working waterman.
Purpose and Need
Oysters are a keystone species in the Bay ecosystem. Oyster
management in Chesapeake Bay has failed to prevent native oyster populations
from declining to less than one percent of their historic levels in the face
of harvest pressures, habitat loss and the two parasites MSX and Dermo. A need
exists to restore the ecological role of oysters in the Bay and the economic
benefits of a commercial fishery through native oyster restoration and/or an
ecologically compatible non-native oyster species that would restore these
lost functions.
Introduction of C. ariakensis would only be attempted
if it is determined that the benefits of the introduction would outweigh
negative impacts, giving consideration to effects on the ecology of the Bay,
potential for introduction of new diseases or parasites, restoration of native
oysters, potential for C. ariakensis to become self-sustaining, and
alternatives to the proposed action.
Preliminary Alternatives to the Proposed Action
It is anticipated that the following alternatives to the
proposed action will be evaluated in the EIS:
Alternative 1--No Action--Not taking the proposed action:
Continue Maryland's present Oyster Restoration and Repletion Programs, and
Virginia's Oyster Restoration Program under current program and resource
management policies and available funding using the best available
restoration strategies and stock assessment techniques.
Alternative 2--Expand native Oyster Restoration Program:
Expand, improve, and accelerate Maryland's Oyster Restoration and Repletion
Programs, and Virginia's Oyster Restoration Program in collaboration with
Federal and private partners. This work would include, but not be limited to
an assessment of clutch limitations and long-term solutions for this problem
and the development, production, and deployment of large quantities of
disease resistant strain(s) of C. Virginia (Eastern Oyster) for
broodstock enhancement.
Alternative 3--Harvest Moratorium: Implement a temporary
harvest moratorium on native oysters and an Oyster industry compensation
(buy-out) program in Maryland and Virginia or a program under which
displaced oystermen are offered on-water work in a restoration program.
Alternative 4--Aquaculture: Establish and/or expand
State-assisted, managed or regulated aquaculture operations in Maryland and
Virginia using the native oyster species.
Alternative 5--Aquaculture: Establish State-assisted,
managed, or regulated aquaculture operations in Maryland and Virginia using
suitable triploid, non-native oyster species.
Alternative 6--Introduce and Propagate and Alternative
Oyster
Species (Other than C. ariakensis) or an Alternative
Strain of C. ariakensis: Introduce and propagate in the
State-sponsored, managed or regulated oyster restoration programs in
Maryland and Virginia, a disease resistant oyster species other than C.
ariakensis, or an alternative strain of C. ariakensis, from
waters outside the U.S. in accordance with the ICES 1994 Code of Practices
on the Introductions and Transfers of Marine Organisms.
Alternative 7--Combination of Alternatives
Programmatic EIS Process
Scoping Process
The programmatic EIS process begins with the publication of
this notice of intent. This public notice establishes the beginning of the
scoping period. The scoping period will continue for 3 weeks after the last
public scoping meeting.
The lead and cooperating agencies will conduct an open scoping
and public involvement process during the development of the programmatic EIS.
The scoping process is the key to preparing a concise EIS an clarifying the
significant issues to be analyzed in depth. Public concerns on issues, studies
needed, alternatives to be examined, procedures and other related matters
would be addressed during scoping. The purpose of the scoping meetings is to
assist the Corps, MDNR, VMRC, NOAA, EPA, and FWS representatives in defining
the issues that will be evaluated in the EIS.
The lead agencies invite Federal agencies, State and local
governments, Native American Tribes and the public to comment on the scope of
this programmatic EIS. The lead agencies will hold scoping meetings to receive
public input on the alternatives to the proposed action and the range of
issues to be addressed in the programmatic EIS. Written scoping comments will
be considered in the preparation of the draft programmatic EIS (see DATES).
Comments postmarked or received by e-mail after specified date will be
considered to the extent practicable.
Two public scoping meetings will be held at the locations
indicated above (see DATES). Further information will be published in local
newspapers in advance of the meetings. Any necessary changes will be announced
in the local media.
Each public scoping meeting will begin with a briefing on the
state of C. virginica in the Chesapeake Bay and its tributaries, the
status of restoration efforts, preliminary programmatic EIS alternatives, and
the proposed action of the programmatic EIS. Copies of the meeting handouts
will be available to anyone unable to attend by contacting MDNR or VMRC as
described above under ADDRESSES. Following the initial presentation, MDNR,
VMRC, and Corps representatives will answer scope-related questions and accept
comments.
EIS Preparation
Development of the draft programmatic EIS will begin after the
close of the public scoping period. Technical and advisory support will be
obtained from lead and cooperating agencies and organizations. Preparation of
the programmatic EIS will also be supported by concurrent research sponsored
by the MDNR and NOAA and by others.
A scientific advisory panel will advise on the research that
is essential for the EIS, appropriate analytical methods for use of existing
data, quality assurance for data, analytical results to be used in the EIS,
and comment on the general sufficiency of the scientific research used in the
EIS.
Schedule
Subject to the availability of funds, the existing schedule
anticipates an expedited process to produce a programmatic EIS leading to a
record of decision. The draft programmatic EIS is expected to be available for
public review in the spring of 2005 or as quickly as a rigorous,
scientifically based EIS can be produced. Public meetings may be held
following the notice of availability of the draft programmatic EIS. Following
the Record of Decision (ROD) of the Programmatic EIS, site-specific deployment
of non-native oysters may be subject to regulatory requirements of the Rivers
and Harbors Act and the Clean Water Act, National Environmental p act NEPA.
Issues To Be Addressed
The following issues have been identified for analysis in the
programmatic EIS. The list is tentative and intended to facilitate public
comment on the scope of the programmatic EIS. The lead agencies specifically
invite suggestions for the addition or deletion of items on this list:
(1) Pathogen disease and virus risk analysis associated with
introduction of a non-native Oyster;
(2) Life history and biology of Crassostrea
ariakensis;
(3) Socioeconomic effects toward commercial and recreational
activities in the Chesapeake Bay;
(4) Production of a comprehensive risk assessment and Oyster
growth, mortality and demographic model;
(5) Development of a model to determine the specific
locations and scenarios and the outcome of introduction in these specific
locations;
(6) Development of management practices for an introduction
of a non-native species and study of the habitat requirements of the Asian
Oyster;
(7) Other appropriate studies identified by the National
Academy of Sciences in its report Non-Native Oysters in the Chesapeake Bay
(NRC, 2003);
(8) Development of a model for the expansion, improvement,
and acceleration of Oyster restoration programs in Maryland and Virginia,
including locations, scenarios, and outcomes of expansions in specific
locations.
(9) Development of management practices for implementation
of expanded, improved and accelerated Oyster restoration programs in
Maryland and Virginia, and;
(10) Any other issues identified as part of the public
scoping process.
Other Environmental Review and Consultations
To the fullest extent possible, the programmatic EIS will be
integrated with analysis and consultation required by the Endangered Species
Act of 1973, as amended (Pub. L. 93-205; 16 U.S.C. 1532 et seq.); the
Magnuson-Stevens Fishery Conservation and Management Act, as amended (Pub. L.
94-265; 16 U.S.C. 1801, et seq.), the National Historic Preservation Act of
1966, as amended (Pub. L. 89-655; 16 U.S.C. 470. et seq.); the Fish and
Wildlife Coordination Act of 1958, as amended (Pub. L. 85-624; 16 U.S.C., et
seq.); the Coastal Zone Management Act of 1972, as amended (Pub. L. 92-583; 16
U.S.C. 1451, et seq.); and the Clean Water Act of 1977, as amended (Pub. L.
92-500; 33 U.S.C. 1251, et seq.); Section 10 of the Rivers and Harbors Act of
1899, 33 U.S.C. 403 et seq.); Non-indigenous Aquatic Nuisance Prevention and
Control Act of 1990, as amended (16 U.S.C. 4701 et seq.); Lacey Act, as
amended (18 U.S.C. 42), The 1993 Chesapeake Bay Policy for the Introduction of
Non-Indigenous Aquatic Species and applicable and appropriate Executive
Orders.
