Policy News

Policy Letters

AFS Calls for More Investment in Conservation in Farm Bill

October 7, 2021 The Honorable Chuck Schumer, Majority Leader United States Senate The Honorable Nancy Pelosi, Speaker of the House United States House of Representatives Dear Leader Schumer and Speaker Pelosi, Thank you for your ongoing efforts to pass a Build Back Better Act that includes robust funding for climate-smart agriculture. As you continue to consider this important legislation, the undersigned groups write in strong support of the proposed $28 billion investment into USDA agriculture conservation programs and conservation technical assistance and urge you to ensure that it remains in the final budget reconciliation package. This would be the largest investment into agriculture conservation in decades and would be transformative for farms, ranches, and forests across the country. Increasing funding for USDA’s popular and effective Farm Bill conservation programs is one of the quickest and most practical ways to energize rural economies, improve climate resilience, and ensure that our nation’s farmers, ranchers, and foresters are part of the solution to climate change. USDA’s voluntary, incentive-based conservation programs enable farmers, ranchers, and forest owners to adopt practices that build soil health, sequester carbon, and reduce greenhouse gas emissions, while also improving surface and ground water quality, increasing water efficiency, creating habitat for fish and wildlife, and protecting agricultural lands for future generations. Unfortunately, Farm Bill conservation programs are critically oversubscribed and meet only a fraction of the need for voluntary conservation on the landscape. Demand for conservation on 13.8 million acres goes unmet because of inadequate funding every year. That’s why last month, over 215 groups announced their support for doubling of the Farm Bill conservation program funding. A $28 billion investment in Farm Bill conservation programs, conservation technical assistance, and climate-smart agriculture would go a long way towards that goal. Hundreds of farm, food and conservation advocates, companies, and private citizens have weighed in with input during the budget reconciliation process, and they confirmed that the climate-smart agriculture provisions of the Build Back Better Budget will make a historic impact on conservation efforts. Increasing funding for the Farm Bill conservation programs and climate-smart agriculture and ramping up conservation technical assistance on the ground will enable landowners to mitigate the impacts of drought and flood, restore wildlife habitat, improve soil health and long-term food security, create new job opportunities for rural economies, and galvanize the agriculture sector to lead the charge in our fight against climate change. Farmers, ranchers, and foresters are ready adopt practices that sequester carbon and reduce emissions if they are provided the tools and resources to make that goal a reality. Action this year on a reconciliation bill with robust funding for climate-smart agriculture represents the best opportunity in decades to meet farmer demand for conservation programs. Thank you for all of your work on the Build Back Better Act and climate-smart agriculture funding. We look forward to working with you in the future to continue to build out these priorities that will energize the American economy and put Americans back to work. Sincerely, National Groups and Companies: Alter Eco American Bird Conservancy American Farmland Trust American Fisheries Society Appalachian Trail Conservancy Carbon180 Ceres Clif Bar & Co Climate Positive Consulting Defenders of Wildlife Dr. Bronner’s Earthjustice Eleni Toubanos, LLC Environment America Environmental Defense Fund Environmental Working Group Farm Aid GreenStep Solutions Inc. Hazon Institute for Agriculture and Trade Policy Impossible Foods Inc. Izaak Walton League of America Johns Hopkins Center for a Livable Future Land Trust Alliance League of Conservation Voters National Association of Conservation Districts National Audubon Society National Center for Appropriate Technology National Deer Association National Farmers Union National Organic Coalition National Parks Conservation Association National Sustainable Agriculture Coalition National Wildlife Federation National Young Farmers Coalition Natural Resources Defense Council North American Grouse Partnership Organic Farmers Association Organic Farming Research Foundation Oregon Tilth Pesticide Action Network Plant Based Foods Association Pollinator Partnership Queenan Productions River Network Save the Dunes Sierra Club Sierra Nevada Brewing Co. Soil and Water Conservation Society Tentree The Bee Girl Organization (BGO) The Conservation Fund The Nature Conservancy The Tofurky Company The Trust for Public Land Theodore Roosevelt Conservation Partnership U.S. PIRG Union of Concerned Scientists Wild Farm Alliance Wildlife Management Institute World Wildlife Fund Xerces Society for Invertebrate Conservation Regional, State, and Local Groups: Alliance for the Shenandoah Valley Anacostia Watershed Society Arizona Wildlife Federation Audubon Western Everglades Bird Conservancy of the Rockies Bread Riot California Climate & Agriculture Network Cacapon Institute Capital Region Land Conservancy Carolina Farm Stewardship Association (CFSA) Carteret Food and Health Council – NC Center for Rural Affairs Chesapeake Bay Foundation Chesapeake Conservancy Chesapeake Legal Alliance Coastal Enterprises, Inc. Community Farm Alliance Community Involved in Sustaining Agriculture (CISA) Conservation Federation of Missouri Conservation Northwest Conservation Voters of Pennsylvania Delaware Valley Ornithological Club Environmental Law & Policy Center Faith Community Church Farm to Table – New Mexico Florida Wildlife Federation, Inc. Foodshed Capital Friends of Family Farmers Friends of St. Clements Bay Friends of the Mississippi River Friends of the Rappahannock Georgia Organics Green Lands Blue Waters Green State Solutions Guilford Urban Farming Initiative Harpeth Conservancy Healthy Gulf Hendry-Glades Audubon Society Hoosier Environmental Council Idaho Wildlife Federation Illinois Stewardship Alliance Indiana Sportsmens Roundtable Iowa Wildlife Federation Izaak Walton League – Illinois Division Izaak Walton League of America – Cypress Chapter (Florida) Izaak Walton League of America – Dwight Lydell Chapter (Michigan) Izaak Walton League of America – Florida Division Izaak Walton League of America – Florida Keys Chapter Izaak Walton League of America – Minnesota Division Izaak Walton League of America – Oregon Division Izaak Walton League of America – Porter County Chapter (Indiana) Izaak Walton League of America – W. J. McCabe Chapter (Minnesota) Izaak Walton League of America – Will Dilg Chapter (Minnesota) Izaak Walton League of America – Wisconsin Division Kansas Rural Center Lancaster Clean Water Partners Lancaster Farmland Trust Land For Good Land Stewardship Project League of Rural Voters Maine Farmland Trust Maine Organic Farmers and Gardeners Association MD Campaign for Environmental Human Rights Michael Fields Agricultural Institute Milwaukee Riverkeeper Mississippi

October 15, 2021 No Comments

AFS and Other Aquatic Science Societies Call for Urgent Reduction in Carbon Emissions to Protect Fish from Climate Change

Download PDF version September 21, 2021 The Honorable John Kerry Special Presidential Envoy for Climate U.S. Department of State Dear Special Envoy Kerry: In advance of the United Nations’ Climate Change Conference (COP26) in Glasgow, UK, the American Fisheries Society (AFS) would like to make you aware of the global consensus of aquatic science societies on the effects of climate change on fisheries and other aquatic resources and the urgency of reducing carbon emissions to ensure the sustainability of this vital global food source, the loss of which could undermine international security and peace efforts. We also seek to underscore the importance of protecting the integrity of healthy aquatic ecosystems and restoring degraded systems in order to maintain their crucial storage of carbon as part of halting and eventually reversing the effects of climate change. We applaud the commitment of the U.S. to securing global net zero greenhouse gas emissions by 2050 and we urge your leadership on the world stage in achieving this goal to hold temperature rise to 1.5 degrees. AFS is the world’s oldest and largest fisheries science society. Founded in 1870, the mission of AFS is to improve the conservation and sustainability of fishery resources and aquatic ecosystems by advancing fisheries and aquatic science and promoting the development of fisheries professionals. With five journals, a monthly magazine, in-house book publishing with over 200 titles, and the world’s largest fisheries science conferences, AFS is the leading source of fisheries science and management information in North America and around the world. We support and promote the use of best-available science in policy-making. Last fall, AFS and 111 other science societies representing 80,000 scientists across the world called for urgent action to reduce emissions to avoid catastrophic impacts to commercial, recreational, and subsistence fisheries, human health, and global economies. Attached please find the statement that details the irreversible impacts to freshwater and marine ecosystems, fish, and fisheries from climate change that are projected to occur without swift and resolute action to curtail greenhouse gas emissions. We must act now to safeguard our drinking water, food supplies, and human health and well-being. Urgency of Carbon Emission Reductions Scientists are already observing significant changes to freshwater and marine species as a result of climate change. Today, freshwater fish species are already imperiled as a result of pollution, habitat loss, water withdrawals, and invasive species. Highly valued fisheries will be further stressed by climate change as it accelerates and intensifies water pollution, species range reductions, species extinctions, and facilitates invasive species expansion to the detriment of native species. Climate change is warming rivers, lakes, and streams and altering precipitation patterns throughout America, reducing habitat availability for fish, particularly for coldwater species. Climate change is also altering marine and coastal ecosystems with significant implications for wild capture fisheries and marine economies. Projected increases in ocean temperature are expected to reduce the maximum catch potential in most areas of the U.S. and this trend is anticipated around the world. Many harvested stocks are already shifting towards cooler and deeper water and will continue to shift from one area to another, or even across international boundaries with implications for seafood supply, ports, and associated businesses. Loss of habitat from sea level rise will lead to declines in the vast majority of commercially and recreationally harvested marine finfish and shellfish that are dependent on estuaries and coastal systems for some stage of their life cycle. Increased carbon dioxide absorption is changing ocean chemistry, rendering some waters too acidic for marine organisms with calcium-based shells, such as oysters and clams, and threatening the base of the marine food web. Many of these changes are and will be irreversible. They will continue to worsen if we persist on our current trajectory with a mounting toll on vulnerable ecosystems, human societies, and local and global economies. In the U.S., commercial and recreational fishing supports more than 1.74 million jobs and results in more than $244 billion in sales per year. Globally, fisheries provide quality protein sources not easily replaced by terrestrial sources. According to the Food and Agriculture Organization of the United Nations, fish accounts for 17% of animal protein consumed globally, fishing and aquaculture directly employ nearly 60 million people, and global trade in fish products is valued at US$152 billion per year. Globally, the loss of fisheries resources could have serious consequences for international security and peace. Mitigation and Adaptation to Help Protect Aquatic Resources As part of any climate solution, we must protect the integrity of our healthy aquatic ecosystems and work to restore degraded systems in order to maintain their crucial storage of carbon as part of halting and eventually reversing the effects of climate change. Land and water-based conservation solutions are critical to capture carbon and to make our rivers, lakes and streams, forests, grasslands, wetlands, and coastal systems more resilient to the impacts of climate change. To the extent possible, we must mitigate the impacts of climate change on fish and fisheries and plan for adaptation required to ensure the long-term health of freshwater, coastal, and marine ecosystems. We applaud the commitment of President Biden to achieve significant reductions in greenhouse gas emissions to address the climate crisis and urge your continued leadership on the global stage. The economic and environmental value of the ecosystem services provided by global aquatic resources is of great importance and must be safeguarded. Sincerely, Douglas J. Austen Executive Director

September 21, 2021 No Comments

Policy Letters

Science, Conservation, and Outdoor Groups Urge Establishment of Replacement Clean Water Act Rule

The Honorable Michael Regan Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Mail Code 1101A Mr. Jaime A. Pinkham Acting Assistant Secretary of the Army for Civil Works Office of the Assistant Secretary of the Army (Civil Works) 108 Army Pentagon Washington, DC 20310-0108 Submitted electronically at www.regulations.gov RE: Docket ID No. EPA-HQ-OW-2021-0328 – Comments on Request for Recommendations: Waters of the United States September 2, 2021 Dear Administrator Regan and Acting Assistant Secretary Pinkham: On behalf of our organization’s members and supporters, who are hunters, anglers, outdoor recreationists, conservationists, and scientists, we call on you to not appeal the recent United States District Court for the District of Arizona’s ruling granting vacatur of the 2020 Navigable Waters Protection Rule (2020 Rule) nationwide. We further urge you to begin the process to engage with stakeholders, consider the extensive administrative record assembled during all past rule-making efforts, and find durable Clean Water Act protections for our country’s waters – including headwaters and ephemeral streams and our remaining wetlands—in the promulgation of a new rule. Judge Rosemary Márquez’s ruling granting vacatur of the 2020 Rule is solid. The court’s ruling acknowledges that the 2020 Rule posed risk of serious environmental harm and is in line with both the science underlying the need for broader protections of streams and wetlands and with legal precedent. The court’s ruling also supports the overall direction the agencies are taking. Therefore, we strongly urge the agencies to abide by the court’s ruling, which stops implementation of the 2020 Rule and requires the use of the pre-2015 regime until a replacement rule is finalized. The case for abiding by the court’s holding is strong. The Clean Water Act was passed to restore and maintain the chemical, physical and biological integrity of the nation’s waters. Unfortunately, the 2020 Rule left up to half of the country’s stream miles and millions of acres of wetlands at risk of being polluted or destroyed. These streams provide essential fish and wildlife habitat that support a robust outdoor recreation economy worth $887 billion. Overall, the 2020 Rule did not incorporate best available science regarding the connectivity of waters and is inconsistent with the objectives of the Clean Water Act which is to restore and maintain the chemical, physical and biological integrity of our waters. Already, thousands of waterways were deemed non-jurisdictional under the 2020 Rule – including two recently revised jurisdictional determinations that removed protections from about 200 acres of wetlands and 10,000 linear feet of streams in Texas and from about 200 acres of wetlands that absorb floodwaters in a flood prone area for a large development near South Carolina’s Savannah National Wildlife Refuge. Overall, according to Environmental Protection Agency officials, at least 333 projects likely to harm streams or wetlands have received determinations allowing them to proceed without a permit. These waters may sometimes be small, but they are enormously valuable. Headwaters, ephemeral and some at-risk intermittent streams provide drinking water to millions of Americans, support fish and estuaries prized for angling and recreation, and provide clean water to larger, beloved rivers, lakes, and bays. EPAs own scientific record underscores that the scientific literature demonstrates that streams, regardless of their size or frequency of flow, are connected to downstream waters and strongly influence their function. Wetlands, even non-floodplain wetlands such as prairie potholes, filter out pollutants, protect communities from flooding, and provide habitat for wildlife, including endangered species and by serving as stops along the country’s major international flyways for migratory birds. In short, protecting these waterways is essential to the Clean Water Act’s primary objective. Restoring protections to these waters is also vital to the administration’s priorities of addressing climate change and environmental justice. As climate change drives more severe storms, wetlands’ flood protection will become even more vital. Wetland systems have also been demonstrated to mitigate the impacts of wildfire on aquatic ecosystems and wetland protection is critical to maintaining carbon sequestration benefits. And as climate change intensifies drought, more of our streams are less likely to run year-round, especially in the arid and semi-arid West. Wetlands can help address these drought concerns by assisting in restoring aquifer recharge and enhancing late season flows critical to fish and wildlife. Preserving wetlands and streams for communities already overburdened by pollution and flooding should also be viewed as an environmental justice imperative. Lack of durable protections of headwaters and ephemeral streams poses significant threats to the access or clean drinking water supplies, which is already a significant challenge disproportionately affecting low-income communities. Tribes recognize water as part of their culture, subsistence, and identity. As hunters, anglers, outdoorsmen and conservationists, we believe the 2020 rule enabled the degradation of waterways that support our community. Without CWA protections, the resulting impacts on wildlife, water quality, climate resilience and environmental justice pose significant challenges to America’s outdoor heritage and the countless Americans who recreate and enjoy streams, wetlands and they biodiversity they support. For these reasons, our organizations urge you to begin the process of developing a science-based, durable rule that provides Clean Water Act protections for those waters that are critical to restoring and maintaining the chemical, physical, and biological integrity for our nation’s waters. Time is of the essence. Given the court’s ruling and administrative record on the 2020 Rule — including widespread public opposition and criticism from EPA’s own science advisors and leadership–the agencies have the tools needed to begin replacing the 2020 Rule as soon as possible and complete it expeditiously. We urge you to do so. Next year, our nation will celebrate the 50th anniversary of the Clean Water Act. As stewards of this bedrock environmental statute, we call on you to engage with stakeholders, consider the extensive administrative record assembled during all past rule-making efforts, and find durable Clean Water Act protections for our country’s waters—including headwaters and ephemeral streams and our remaining wetlands—before we reach that half-century milestone on October 18, 2022. Sincerely, Theodore Roosevelt Conservation Partnership Trout Unlimited American Sportfishing Association

September 8, 2021 No Comments

Policy Letters

Aquatic Science Societies Call for Re-establishment of Science-based Waters of the US Rule

American Fisheries Society • Association for the Sciences of Limnology and Oceanography • Coastal and Estuarine Research Federation • Freshwater Mollusk Conservation Society • International Association for Great Lakes Research • North American Lake Management Society • Phycological Society of America • Society for Freshwater Science • Society of Wetland Scientists September 3, 2021 Mr. Michael S. Regan Administrator Environmental Protection Agency 1200 Pennsylvania Avenue NW, Washington, DC 20460 Mr. Jaime A. Pinkham Acting Assistant Secretary of the Army for Civil Works Department of the Army 108 Army Pentagon, Washington, DC 20310-0104 Re: Waters of the U.S. Docket ID No. EPA-HQ-OW-2021-0328 Dear Administrator Regan and Assistant Secretary Pinkham: Thank you for your commitment to crafting a reasonable, effective, and durable definition of Waters of the U.S. (WOTUS) that protects public health, the environment, and downstream communities. We applaud your intent to rescind the harmful 2020 Navigable Waters Protection Rule (NWPR) 1 and we urge you to quickly re-establish a science-based definition of WOTUS that will allow the Clean Water Act (CWA) to fulfill its mandate to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. The Consortium of Aquatic Science Societies (CASS) is on the record supporting a science-based definition of WOTUS for its importance to fish, fisheries, wildlife, watersheds, water quality and supply, flood control, as well as the people and economies that rely on them.2 The NWPR significantly deviates from previous interpretations of the CWA and largely ignores and oversimplifies science.3 CASS fully supports the definition of WOTUS in the 2015 Clean Water Rule (CWR)4, which was overwhelmingly supported by peer-reviewed science. CASS is composed of nine professional societies representing almost 20,000 individuals with diverse knowledge of the aquatic sciences. Our members work in the private sector, academia, nongovernmental organizations, and various tribal, state, and federal agencies. We support the development and use of the best-available science to sustainably manage our freshwater, estuarine, coastal, and ocean resources for the benefit of the U.S. economy, environment, and public health and safety. The NWPR is inconsistent with more than a half century of scientific research that demonstrates that the integrity of “traditionally navigable” waters fundamentally depends on ephemeral (i.e., flow only after precipitation events), intermittent (i.e., flow seasonally), and perennial (flow year-round) streams, as well as on wetlands located both within (i.e., floodplain wetlands) and outside (i.e., non-floodplain or geographically isolated wetlands) of floodplains.2 The very narrow definition of WOTUS in the NWPR resulted in the loss of protections for millions of stream miles and acres of wetlands, including five types of isolated wetlands with ecological value disproportionate to their area. The comprehensive Environmental Protection Agency scientific report that accompanied the 2015 CWR, “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence,”5 synthesized more than 1,200 peer-reviewed publications. Along with input from 49 experts and a 25-member panel of the EPA’s Scientific Advisory Board (SAB), this report provided the technical basis for the 2015 CWR. Substantial additional literature has emerged that reaffirms the report and the 2015 CWR. 6, 7, 8, 9, 10 11, 12 We stand by this science. The loss of protections for our nation’s waters under the NWPR threatens fish, fisheries, wildlife, aquatic ecosystems, and the human populations that rely on them and places the highly valued ecosystem services that are derived from these systems in great peril.7, 13 Unlike the 2015 definition of WOTUS that established protection based on the connectivity of waters, the NWPR defines a WOTUS in terms of its direct, consistent surface flows with traditionally navigable waters. This is inconsistent with the full mandate of the CWA and is a critical shortcoming of the NWPR since many waters that play an important part in maintaining ecological integrity flow ephemerally or intermittently and fluctuate substantially throughout any typical year. In the face of climate change, it has never been more important to protect streams and wetlands that store carbon, provide critical habitat for fish and wildlife, provide flood storage, and maintain downstream water quality and quantity.14,15,16, 17 Science-based Clean Water Act protections can help to protect the integrity of aquatic ecosystems, maintain crucial ecosystem services for sequestration and storage of carbon, improve climate resilience, and promote our progress towards the drawdown of carbon from the atmosphere.18 Rather than protecting our waters’ integrity, the NWPR intensifies their vulnerability to climate change and extensive and intensive land uses such as agriculture, livestock grazing, forestry, mining, and urbanization.3,13 Climate change is warming rivers, lakes, streams, and wetlands and significantly altering precipitation patterns (both increasing and decreasing precipitation depending on season and location) throughout America and is accelerating and intensifying water-quality problems, altering the functions of aquatic ecosystems, and impacting species’ ranges and survival.18 These impacts to our nation’s waters extend from small lakes and streams to large rivers like the once perennial Gila, lower Colorado, and Río Grande rivers. These changes are not just theoretical; scientists are already seeing massive shifts in seasonal flows, stream length, and surface flows from climate change and land use shifts, water withdrawal, and groundwater pumping.17, 7 By length, approximately half of stream channels in the conterminous United States are ephemeral, and 50% of these are no longer protected under the NWPR; thus, at least 25% of the nation’s stream channels have now lost protection.19 Removing previous protections from millions of miles of these ephemeral headwater streams will only exacerbate the transformation of historically perennial streams and rivers into highly vulnerable intermittent and ephemeral streams and rivers. The NWPR reduces protections across the nation, with some of the strongest impacts in arid areas of the country, such as in many states in the Southwest and Southern Plains. As such, the loss of CWA protections will be most acute where water quantity and quality issues already threaten the sustainability of watersheds and communities. The NWPR also abandons the bipartisan and long-standing “No Net Loss of Wetlands” national policy, first established by President George H. W. Bush, by excluding nonfloodplain wetlands, or

September 8, 2021 No Comments

Aquatic Science Societies Urge EPA to Restore State and Tribal Authority in Clean Water Act Section 401 Certification Rule

American Fisheries Society · International Association of Great Lakes Researchers · North American Lake Management Society · Phycological Society of America · Society for Freshwater Science · Society of Wetland Scientists August 2, 2021 The Honorable Michael S. Regan Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, DC 20460 Via regulations.gov Re: Submission of Comments regarding “Notice of Intention To Reconsider and Revise the Clean Water Act Section 401 Certification Rule” (86 FR 29541; Docket Number EPA-HQ-OW-2021-0302) Dear Administrator Regan: On behalf of the undersigned scientific societies, we respectfully submit the following comments in response to the “Notice of Intention To Reconsider and Revise the Clean Water Act Section 401 Certification Rule,” published in the Federal Register on June 2, 2021. We appreciate this opportunity to provide comments to the Environmental Protection Agency (EPA) on this matter. Our scientific societies represent more than 13,000 individuals with diverse areas of expertise in the aquatic, ecological, hydrologic, biogeochemical, biological and ecological restoration sciences. Our members have deep subject matter expertise and a commitment to independent objectivity and peer-review of science and work in the private sector, academia, and various tribal, state, and federal agencies. We promote the development and use of the best available science to sustainably manage and restore our freshwater, estuarine, coastal, and ocean resources for the benefit of the U.S. economy, environment, and public health and safety. Cooperative federalism is at the core of the Clean Water Act (CWA). The Water Quality Certification (WQC) process served as a successful model of cooperative federalism—until it was constrained by the most recent rule. The CWA requires that, when considering whether to approve certain actions, federal agencies must respect state and tribal authority and control over water quality within their respective boundaries. Revising the CWA Section 401 Certification Rule is of immense importance to the states and tribes that rely on Section 401 as a means of protecting the quality of their surface waters. The current CWA Section 401 Certification Rule—adopted without any rigorous analysis—disrupts the partnership between the states and tribes and the federal government in administering the CWA. The CWA Section 401 Certification Rule undermines the ability to uphold the CWA’s mandate to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. Accordingly, we respectfully request that the CWA Section 401 Certification Rule be revised to provide full state and tribal authority to promote water quality under the CWA. Indeed, as Justice Stevens, concurring in the 7 – 2 majority opinion in PUD No. 1 of Jefferson County v. Washington Department of Ecology, 511 U.S. 700 (1994), observed, “Not a single sentence, phrase, or word in the Clean Water Act purports to place any constraint on a State’s power to regulate the quality of its own waters more stringently than federal law might require. In fact, the Act explicitly recognizes States’ ability to impose stricter standards.” We support revisions to restore the state and tribal roles and authorities to complete adequate review of federal permits. Revisions should be guided by three common-sense principles: (1) to make decisions that promote the CWA’s objective, a certifying authority must have the relevant data related to the proposed activity; (2) to make decisions that promote the CWA’s objective, a certifying authority must have adequate time to review the relevant data; and (3) the federal role in the WQC process should be to support state and tribal efforts to promote the CWA’s objective. The certification request must contain sufficient information for the certifying authority to make an informed decision about how best to protect water quality, including physical, chemical and biological contributions to water quality. The current CWA Section 401 Certification Rule’s requirements for a certification request do not provide the certifying authority with sufficient notice and information to allow it to properly evaluate potential water quality impacts. Furthermore, the current rule is too restrictive about what may be considered—limited to the direct impacts of a point source discharge, rather than the impacts of the activity as a whole, as well as non-point discharges, which at a national spatial extent are more biologically limiting (Herlihy et al. 2020). To provide the certifying authority with sufficient notice and information to begin evaluation of the proposed project, a certification request, or preferably a complete application, should (at a minimum) include the following: (1) A full description of the proposed project: geographic location, boundaries, purpose of the permitted activity, description of the permitted activity, proposed impacts to wetlands and waters (both temporary and permanent), and affected waterbodies; (2) Description of the location, type of material, and extent—acres, square feet, linear feet, volume, as applicable—of any discharge that may result from the proposed project, and the location of receiving waters; (3) A description of any methods and means proposed to monitor the discharge and the equipment or measures planned to treat or control the discharge, including an Inadvertent Return Plan when horizontal directional drilling is proposed; (4) A description of any methods and means proposed to mitigate temporary impacts to wetlands and waters; (5) A delineation of wetlands and waters prepared by a qualified professional; (6) Maps, engineering diagrams, and drawings to support the application; (7) A conceptual Compensatory Mitigation Plan, when one is required by the federal permitting authority; (8) A copy of the Pre-construction Notification (PCN) when one is required by the federal permitting authority (a properly prepared PCN would include items 1 through 7); and (9) Any additional information deemed necessary by the state certifying authority on a case-by-case basis. As a practical matter, we recommend that the project proponent be required to submit to the state certifying authority, at a minimum, a copy of all documents and materials that were submitted to the federal permitting authority. This requirement would facilitate an efficient and easily understandable process. The certifying authority must have adequate time to review the relevant data to make an informed decision about how best to protect water quality. The CWA has a maximum of a one-year review

August 26, 2021 No Comments

Policy Letters

Aquatic Science Societies Urge Congress to Take Action on Greenhouse Gas Emissions and Climate Change

American Fisheries Society ·Association for the Sciences of Limnologists and Oceanographers · Coastal and Estuarine Research Federation · North American Lake Management Society · Phycological Society of America · Society for Freshwater Science · Society of Wetland Scientists July 26, 2021 The Honorable Charles Schumer Majority Leader U.S. Senate Washington, DC 20500 The Honorable Mitch McConnell Minority Leader U.S. Senate Washington, DC 20510 The Honorable Nancy Pelosi Speaker U.S. House of Representatives Washington, DC 20510 The Honorable Kevin McCarthy Minority Leader U.S. House of Representatives Washington, DC 20510 Dear Majority Leader Schumer, Minority Leader McConnell, Speaker Pelosi, and Minority Leader McCarthy: The undersigned aquatic science societies write today to urge your leadership and commitment to significantly reducing greenhouse gas emissions to avoid the worst impacts of climate change. As you consider legislative action on infrastructure, we would like to make you aware of (1) the global consensus of the aquatic science societies on the effects of climate change on fisheries and other aquatic resources, (2) the urgency of reducing carbon emissions, and (3) steps that can be taken to help mitigate the effects of climate change on fisheries in the interim. Statement of Global Aquatic Science Societies The undersigned professional societies represent nearly 17,000 individuals with diverse knowledge of the aquatic sciences. Our members work in the private sector, academia, nongovernmental organizations, and various tribal, state, and federal agencies. We support the development and use of the best-available science to sustainably manage our freshwater, estuarine, coastal, and ocean resources to the benefit of the U.S. economy, environment, and public health and safety. Last fall, the undersigned organizations and 104 other science societies representing 80,000 scientists across the world called for urgent action to reduce emissions to avoid catastrophic impacts to commercial, recreational, and subsistence fisheries, human health, and global economies. Attached please find the statement that details the irreversible impacts to freshwater and marine ecosystems, fish, and fisheries from climate change that are projected to occur without swift and resolute action to curtail greenhouse gas emissions. We must act now to safeguard our drinking water, food supplies, and human health and well-being. Urgency of Carbon Emission Reductions Scientists are already observing significant changes to freshwater and marine species as a result of climate change. Today, forty percent of all freshwater fish species in North America are imperiled as a result of pollution, habitat loss, water withdrawals, and invasive species. Highly valued fisheries will be further stressed by climate change as it accelerates and intensifies water pollution, species range reductions, species extinctions, and facilitates invasive species introduction to the detriment of native species. Climate change is warming rivers, lakes, and streams and altering precipitation patterns throughout America, reducing habitat availability for fish, particularly for coldwater species such as trout, which provide highly valuable recreational fisheries across much of the country. Climate change is also altering marine and coastal ecosystems with significant implications for wild capture fisheries and marine economies. Projected increases in ocean temperature are expected to reduce the maximum catch potential in most areas in the U.S. Many harvested stocks are already and will continue to shift from one area to another, or even across international boundaries with implications for seafood supply, ports, and associated businesses. Loss of habitat from sea level rise will lead to declines in the vast majority of commercially and recreationally harvested marine finfish and shellfish that are dependent on estuaries and coastal systems for some stage of their life cycle. Increased carbon dioxide absorption is changing ocean chemistry, rendering some waters too acidic for marine organisms with calcium-based shells, such as oysters and clams, and threatening the base of the marine food web. In the U.S., commercial and recreational fishing support more than 1.74 million jobs and results in more than $244 billion in sales per year. The economic and environmental value of the ecosystem services provided by our nation’s aquatic resources is also of great importance and must be safeguarded from the damaging effects of climate change. Any plan to address climate change must include significant greenhouse gas emissions reductions to avoid catastrophic impacts to our nations’ freshwater and marine aquatic resources. Mitigation and Research to Help Protect Aquatic Resources As part of any climate solution, we urge you to also protect the integrity of our healthy aquatic ecosystems and work to restore degraded systems in order to maintain their crucial storage of carbon as part of halting and eventually reversing the effects of climate change. Land and water-based conservation solutions are critical to capture carbon and to make our rivers, lakes and streams, forests, grasslands, wetlands, and coastal systems more resilient to the impacts of climate change. Additional investments should be made in already existing conservation programs and activities with established funding delivery systems, partner and volunteer networks, and demonstrated track records for implementation and effectiveness. In other cases, new programs and funding streams will need to be developed in order to capture the full extent and utility of our natural systems to sequester carbon, build climate resiliency, and adapt to climate change. To the extent possible, we must mitigate the impacts of climate change on fish and fisheries and plan for adaptation required to ensure the long-term health of our freshwater, coastal, and marine ecosystems and the many economies that depend upon them. We must also address the regulatory changes over the last four years that put the U.S. on the wrong course to deal with the very real and significant impacts to our fish and aquatic resources from climate change. Again, we urge your leadership in reducing greenhouse gas emissions and protecting and restoring our nation’s aquatic resources. We look forward to working together on this critically important issue. Sincerely, American Fisheries Society Association for the Sciences of Limnologists and Oceanographers Coastal and Estuarine Research Federation North American Lake Management Society Phycological Society of America Society for Freshwater Science Society of Wetland Scientists

July 28, 2021 No Comments

Press Releases

Fish and Wildlife Scientists Commend Introduction of Recovering America’s Wildlife Act

For Immediate Release July 20, 2021 Contact: Drue Banta Winters, 504-220-7868, [email protected] Caroline Murphy, 301-897-9770 x 308, [email protected] Fish and Wildlife Scientists Commend Introduction of Recovering America’s Wildlife Act BETHESDA, MD – Today, fisheries and wildlife professionals from across the United States welcomed the introduction of groundbreaking legislation that will empower natural resource managers to conserve at-risk species for generations to come. The Recovering America’s Wildlife Act (S. 2372), introduced by Senators Martin Heinrich (D-NM) and Roy Blunt (R-MO), will secure $1.3 billion in dedicated funding annually for state fish and wildlife agencies and $97.5 million annually for tribal nations to proactively and cost-effectively conserve the nation’s most at-risk species. “There has never been a more pressing time than now to rise to the challenge of conserving the country’s most at-risk species” said Dr. Carol Chambers, President of The Wildlife Society. “Through Senator Heinrich’s and Senator Blunt’s leadership, fish and wildlife professionals will have more robust tools to advance science-based natural resource conservation and ensure fish and wildlife populations are sustained for future generations.” Through this recent action, Senators Heinrich and Blunt are leading efforts to provide a new funding approach that would address steep declines in the nation’s remarkable biodiversity. The Senate introduction builds on the leadership from Representatives Debbie Dingell (D-MI), Jeff Fortenberry (R-NE), and over 80 of their House colleagues who have endorsed the House companion bill (H.R. 2773). “Increases in water temperatures, lack of water in streams and rivers, poor water quality, and loss of habitat have led to 40 percent of freshwater species now being at risk and unfortunately, a changing climate means the situation will only get worse. With a dedicated stream of funding, we can implement science-based conservation plans that will build resilience in the face of climate change.” said Doug Austen, Executive Director, American Fisheries Society. State fish and wildlife agencies have identified 12,000 species at-risk of becoming threatened or endangered through detailed, proactive conservation blueprints known as State Wildlife Action Plans. The Recovering America’s Wildlife Act will enable implementation of these plans, empowering fish and wildlife professionals to effectively work with partners towards conservation successes and prevent species from becoming endangered and listed under federal law. # # # Founded in 1870, the American Fisheries Society (AFS) is the world’s oldest and largest fisheries science society. The AFS mission is to improve the conservation and sustainability of fishery resources and aquatic ecosystems by advancing fisheries and aquatic science and promoting the development of fisheries professionals. With its renowned journals, books and conferences, AFS is the leading source of fisheries science and management information in North America and around the world. fisheries.org Founded in 1937, TWS and its network of affiliated chapters and sections represent more than 15,000 professional wildlife biologists, managers, and educators dedicated to excellence in wildlife stewardship through science and education. TWS’ mission is to inspire, empower, and enable wildlife professionals to sustain wildlife populations and habitat through science-based management and conservation. wildlife.org To learn more about TWS’ and AFS’ efforts on the Recovering America’s Wildlife Act, check out the Reversing America’s Wildlife Crisis report, a collaboration between TWS, AFS, and the National Wildlife Federation. This report calls attention to North American and migratory wildlife species facing population declines due to a variety of threats. It echoes the intent of the Recovering America’s Wildlife Act in calling for more proactive management to prevent these declines and an improved funding mechanism to support such efforts.

July 20, 2021 No Comments

Infrastructure

AFS Urges More Investment in Farm Bill Conservation Programs

April 27, 2021 Debbie Stabenow, Chairwoman U.S. Senate Agriculture Committee John Boozman, Ranking Member U.S. Senate Agriculture Committee David Scott, Chairman U.S. House Agriculture Committee Glenn Thompson, Ranking Member U.S. House Agriculture Committee Dear Chairwoman Stabenow, Chairman Scott, Ranking Member Boozman, and Ranking Member Thompson: Thank you for your ongoing bipartisan efforts to ensure that agriculture is part of the solution to climate change. As you consider the role of agriculture in the upcoming infrastructure conversations in Congress, the undersigned groups urge you to support a robust investment into USDA agriculture conservation programs and conservation technical assistance in the next climate and infrastructure package. We were pleased to see that President Biden’s American Jobs Plan places a priority on “positioning the U.S. agricultural sector to lead the shift to net-zero emissions while providing new economic opportunities for farmers.” Increasing funding for USDA’s popular and effective Farm Bill conservation programs is one of the quickest and most practical ways to directly equip farmers and ranchers, energize rural economies, improve climate resilience, and ensure that agriculture is part of the solution to climate change. The full suite of voluntary, incentive-based conservation programs administered by USDA enables farmers, ranchers, and forest owners to adopt practices that build soil health, sequester carbon, and reduce greenhouse gas emissions, while also improving surface and ground water quality, increasing water efficiency, and creating habitat for fish and wildlife. Unfortunately, however, Farm Bill conservation programs are routinely oversubscribed. Demand for conservation on 13.8 million acres goes unmet because of inadequate funding every year. Additionally, our current programs meet only a fraction of the need for voluntary conservation on the landscape. That’s why we are urging Congress to double the investment in Farm Bill conservation programs and to ramp up conservation technical assistance funding in a corresponding manner. As funds for conservation programs increase, it is vital for conservation technical assistance to keep pace. This assistance is essential for the delivery of conservation funding and provides on the ground support for farmers, ranchers, and forest owners as they adopt conservation practices on their lands. Increasing baseline funding for the Farm Bill conservation programs and ramping up conservation technical assistance on the ground will enable landowners to mitigate the impacts of drought and flood, improve habitat, improve soil health and long-term food security, create new job opportunities for rural economies, and galvanize the agriculture sector to lead the charge in our fight against climate change. We believe farmers, ranchers, and foresters are ready to move agriculture toward net zero emissions if they are provided the tools and resources to make that goal a reality. Action this year on the climate and infrastructure bill represents the best opportunity in decades to meet farmer demand for conservation programs. We look forward to working with your committee to build out these priorities that will energize the American economy and put Americans back to work. Sincerely, National and Regional Groups: American Farmland Trust American Fisheries Society American Grassfed Association Appalachian Trail Conservancy Association of State Floodplain Managers Carbon180 Center for Rural Affairs Defenders of Wildlife Delta Waterfowl E2 (Environmental Entrepreneurs) Earthjustice Environmental Defense Fund Environmental Working Group Food Animal Concerns Trust Institute for Agriculture and Trade Policy Izaak Walton League of America Land Trust Alliance League of Conservation Voters National Association of Conservation Districts National Audubon Society National Center for Appropriate Technology National Deer Association National Farmers Union National Organic Coalition National Sustainable Agriculture Coalition National Wildlife Federation National Young Farmers Coalition NatureServe North American Grouse Partnership Natural Resources Defense Council Organic Farmers Association Organic Farming Research Foundation Pesticide Action Network Pollinator Partnership Rural Coalition Sierra Club Slow Food USA Soil and Water Conservation Society The Conservation Fund The Nature Conservancy Theodore Roosevelt Conservation Partnership Trout Unlimited Union of Concerned Scientists Western Landowners Alliance Wild Farm Alliance Xerces Society for Invertebrate Conservation Regional, State and Local Groups: Alliance for the Great Lakes Arkansas Wildlife Federation Bird Conservancy of the Rockies Blue Ridge Land Conservancy California Climate and Agriculture Network California Farmers Union Capital Region Land Conservancy Carolina Farm Stewardship Association Chesapeake Bay Foundation Chesapeake Conservancy Clean Fairfax Climate Land Leaders Coastal Enterprises, LLC Colorado Wildlife Federation Conservation Coalition of Oklahoma Delaware Nature Society Delaware Valley Ornithological Club Environmental Law & Policy Center Florida Wildlife Federation, Inc. Food and Agriculture Committee, Sierra Club, Atlantic Chapter Foodshed Capital Friends of the Mississippi River Gallatin Valley Land Trust Georgia Wildlife Federation Goose Creek Association Harpeth Conservancy Hawaii Farmers Union United Hawk Mountain Sanctuary Association Healthy Gulf Heart of the Rockies Initiative Idaho Wildlife Federation Illinois Council of Trout Unlimited Indiana Wildlife Federation Iowa Environmental Council Iowa Wildlife Federation Kalmiopsis Audubon Society Kansas Wildlife Federation Land For Good Louisiana Wildlife Federation Maine Farmland Trust Maine Organic Farmers and Gardeners Association Maryland Bird Conservation Partnership Maryland Ornithological Society Mass Audubon Michael Fields Agricultural Institute Michigan Farmers Union Minnesota Conservation Federation Minnesota Farmers Union Mississippi River Trust Mississippi Wildlife Federation Missouri Farmers Union Montana Organic Association Montana Wildlife Federation Nebraska Farmers Union Nebraska Wildlife Federation Neighboring Food Co-op Association Nevada Wildlife Federation New England Farmers Union North Dakota Farmers Union North Dakota Wildlife Federation Northeast Organic Farming Association-Interstate Council Northern Virginia Conservation Trust Northwest Farmers Union Ohio Conservation Federation Ohio Ecological Food and Farm Association Oregon Climate and Agriculture Network Pasa Sustainable Agriculture PennFuture Prairie Rivers Network Quivira Coalition Rockbridge Area Conservation Council Rocky Mountain Farmers Union Salem Audubon Society Savanna Institute Saving Birds Thru Habitat Sociedad Ornitologica Puertorriquena South Carolina Wildlife Federation South Dakota Wildlife Federation Texas Conservation Alliance Unitarian Universalist Church of Roanoke Utah Wildlife Federation Virginia Association for Biological Farming Virginia Conservation Network Waterkeepers Chesapeake Wildlife Mississippi Wisconsin Farmers Union Wyoming Wildlife Federation

July 13, 2021 No Comments

Policy Letters

AFS & TWS Call for Expansion of USGS Coop Units

June 30, 2021 The Honorable Rosa L. DeLauro Chair, Committee on Appropriations U.S. House of Representatives The Honorable Kay Granger Ranking Member, Committee on Appropriations U.S. House of Representatives Dear Chair DeLauro and Ranking Member Granger, Our organizations support the U.S. Geological Survey’s Cooperative Fish and Wildlife Research Program and we ask that you allocate at least $27 million to the program for fiscal year 2022 to provide for the much-needed expansion of the program with two new units in Michigan and Indiana. The USGS Cooperative Fish and Wildlife Research Units (CRUs) are highly productive, cost-effective, and reputable sources of scientific information that further fish and wildlife management and conservation. Their work directly assists decision-makers in addressing the nation’s greatest natural resource challenges, including climate change, disease, invasive species, and at-risk fish and wildlife. Through a unique cooperative partnership of federal agencies, academic institutions, state fish and wildlife agencies, and non-governmental organizations (PL. 86-686), the CRU program provides actionable science and technical support for state and federal fish and wildlife managers. They uniquely address the applied science needs of management agencies while training diverse students to be the next generation of natural resource and conservation leaders. CRU graduates often go on to work directly for natural resource management agencies, further advancing the nation’s conservation efforts. Currently, there are 40 CRUs across 38 states embedded in major research universities that bridge the gap between science and natural resource decisions. CRU scientists produce credible, applied science that meets the direct needs of cooperators and empowers the front lines of fish and wildlife conservation. Their research yields both very specific, short-term information and long-term state-of-the-art research on complex, longer-term questions to inform critical conservation work. A CRU budget of at least $27 million for FY2022 is $2 million above last year’s appropriation and provides for two important and highly needed new CRUs to be established at universities—Michigan State University and Purdue University. These two new units will address a major gap in the CRU program in the Great Lakes region and provide critical fish and wildlife science to advance regional conservation actions. Furthermore, we support an additional $5 million in each of the next 5 years for the CRU program to complete the Wildlife Migration Corridors Project for Big Game Species. This effort will leverage USGS science and collaboration capacity to comprehensively map migration corridors throughout the western states, aiding on-the-ground efforts to manage and conserve important species migration paths in the face of climate change, development, and other challenges. We appreciated the support for the program in FY21 and we urge the Appropriations Committee to appropriate at least $27 million for the Cooperative Fish and Wildlife Research Program in Fiscal Year 2022. Thank you for your consideration of our request. Sincerely, Douglas J. Austen, Ph.D. American Fisheries Society Carol Chambers, Ph.D. The Wildlife Society AFS is the world’s oldest and largest professional society of fishery and aquatic scientists and managers. The Society seeks to improve the conservation and sustainability of fishery resources and aquatic ecosystems by advancing fisheries and aquatic science and promoting the development of fisheries professionals. www.fisheries.org The Wildlife Society and its network of affiliated chapters and sections represent professional wildlife biologists, managers, and educators dedicated to excellence in wildlife stewardship. The Society’s mission is to inspire, empower, and enable wildlife professionals to sustain wildlife populations and habitat through science based management and conservation. www.wildlife.org

July 9, 2021 No Comments

Aquaculture

AFS Urges Biden Administration to Develop Offshore Aquaculture Regulatory Framework

June 28, 2021 President Joseph R. Biden The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Dear President Biden, As your Administration seeks to reach net zero greenhouse gas emissions by 2050, the American Fisheries Society (AFS) urges you to consider the benefits of a robust marine aquaculture industry in the U.S. in achieving your climate goals. An offshore aquaculture industry in the U.S. can help to reduce our carbon footprint from imported seafood, increase domestic seafood supplies, relieve pressures on wild stocks from increased demand, while increasing the resiliency of our food systems in the face of climate change. The AFS is the world’s oldest and largest fisheries science society. Founded in 1870, the mission of AFS is to improve the conservation and sustainability of fishery resources and aquatic ecosystems by advancing fisheries and aquatic science and promoting the development of fisheries professionals. With five journals, a monthly magazine, in-house book publishing with over 200 titles, and the world’s largest fisheries science conferences, AFS is the leading source of fisheries science and management information in North America and around the world. We support and promote the use of best-available science in policy-making. Today, half of the seafood Americans consume is farm raised and 60-90% is imported, leaving a sizeable carbon footprint as that seafood travels around the world before it ends up our plates. The demand for fish and shellfish is expected to increase by roughly 30 million tons in the next decade, driven by increases in both population and per capita seafood consumption. Yet, capture fisheries landings have not increased appreciably for 30 years and it is unlikely that they can sustainably accommodate increased harvest pressure to meet this demand, particularly in the face of climate change. Climate change is already altering marine and coastal ecosystems with significant implications for wild capture fisheries and marine economies. Projected increases in ocean temperature are expected to reduce the maximum catch potential in most areas in the U.S. Many harvested stocks will shift from one area to another, or even across international boundaries with implications for seafood supply, ports, and associated businesses. Loss of habitat from sea level rise will lead to declines in the vast majority of commercially and recreationally harvested marine finfish and shellfish that are dependent on estuaries and coastal systems for some stage of their life cycle. Changing ocean chemistry is rendering some waters too acidic for marine organisms with calcified shells, such as oysters and clams, and threatening the base of the marine food web. With your leadership and support for U.S. offshore aquaculture, the U.S. can reduce its overreliance on seafood imports and improve seafood security with wholesome, domestically farmed seafood with minimal environmental impact on our marine habitat and resources. Improvements in technology and implementation of best practices has already reduced environmental impacts of aquaculture from reduced use of fish meal and oil in feeds, to strict veterinary oversight of vaccinations and medications, and use of siting tools to minimize user conflicts and effects on water quality. Advances in science and technology fueled by investments in research can further reduce impacts. Well-managed aquaculture, including offshore aquaculture in marine waters, can also mitigate the environmental impacts of land-based animal protein production, such as energy use, greenhouse gas emissions, land use, water use and biodiversity impacts. We applaud your commitment to critically important goal of achieving significant reductions in greenhouse gas emissions in fighting the climate crisis. We ask for your leadership in supporting a clear and predictable legal and regulatory structure for marine aquaculture in the U.S., to allow this industry to achieve the benefits outlined here. Healthy wild fisheries and responsible marine aquaculture can and must coexist if we are to feed ourselves and still fulfill our commitment to wild fish and wild places. Thank for your consideration. Sincerely, Douglas J. Austen, Ph.D. Executive Director

July 1, 2021 No Comments

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