A federal appeals court has held that the U.S. Environmental Protection Agency (EPA) can set pollution limits for the Chesapeake Bay, upholding the Total Maximum Daily Load (TMDL) issued by the agency in 2010.
The TMDL, also known as the Bay “pollution diet,” set limits on the amount of nitrogen, phosphorous and sediment allowed to run into the Bay each year. Watershed Implementation Plans (WIPs) describe the steps each of the seven Bay jurisdictions—Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia—will take to meet these goals, and are included as commitments in the recent Chesapeake Bay Watershed Agreement.
In 2011, the American Farm Bureau Federation, the Pennsylvania Farm Bureau, the National Association of Home Builders and a number of agricultural trade associations filed suit against the EPA, claiming the federal agency lacked authority to issue the TMDL. Numerous local and national partners intervened in support of the EPA, including the Chesapeake Bay Foundation, Midshore Riverkeeper Conservancy, National Wildlife Federation and others. In 2013, Pennsylvania Federal Judge Sylvia Rambo upheld the pollution limits, leading plaintiffs to appeal. On Monday, the U.S. Third Circuit Court of Appeals in Philadelphia again upheld the TMDL as legal under the Clean Water Act.
“Water pollution in the Chesapeake Bay is a complex problem currently affecting at least 17,000,000 people (with more to come),” wrote Judge Thomas L. Ambro, part of the three-judge panel that heard the appeal, in a 60-page ruling. “Congress made a judgment in the Clean Water Act that the states and the EPA could, working together, best allocate the benefits and burdens of lowering pollution.”
Learn more about the plan to reduce pollution in the Bay on the EPA’s TMDL website.
Unique among the exciting goals of the Chesapeake Bay Watershed Agreement is the commitment to establish 300 new public access sites in the region by 2025—the only goal specifically aimed at physically connecting people with the Bay and its tributaries. This goal is important for two reasons.
First, people care for the places they love and enjoy. As they interact with the Chesapeake Bay and its tributaries, they develop an appreciation for this wonderful natural resource. This leads them to become stewards and caretakers who have a vested interest in the decisions affecting local waters.
Second, there is an increasingly high demand for additional public access to the waters of the Bay and its rivers. The six watershed states—Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia—and the District of Columbia all noted a high need for additional public access in their State-wide Comprehensive Outdoor Recreation Plans, public access plans and boating infrastructure plans. Throughout the region, water-based activities—including fishing, boating, swimming and beach use—rank among the top twelve recreational activities. Wildlife observation and views from the water’s edge are also highly desirable.
The demand for water access is also affected by the region’s growing population—now nearly 18 million—and the increasing popularity of relatively new forms of water recreation, such as kayaking, paddle boarding, kite boarding and sail boarding. Unlike larger power craft, these paddle craft are relatively inexpensive, can be easily stored and transported by one person, and may not require much more than a good path to the water’s edge to launch. When you combine these with the more traditional activities of boating, fishing, sunbathing, swimming and enjoying views from the water’s edge, it is not surprising that regional residents and visitors increasingly seek opportunities to connect with the waters of the region.
To help track and implement the goal of 300 new public access sites, sites are lumped into four major categories: boating access, which includes access for all types of water craft; fishing access, which includes fishing piers or bank fishing locations; swimming access, which includes areas specifically designated for swimming; and view access, which includes sites developed at the water’s edge to provide views out over the water or of natural areas and waterfowl. In addition to sites that transition from the land to the water, there is also a need to provide access from the water to the land. This includes points of interest along water trails, campsites, restroom facilities and places where people can explore interesting environments or just stop to picnic.
Meeting this demand and reaching the 300 site goal requires collaboration among multiple partners. While the National Park Service has been assigned the lead role in coordinating the effort, partnerships between local, state and federal agencies and non-profit organizations have been essential in developing new access. One major project recently completed on the James River in Virginia involved a partnership between the local government, Dominion Power, the Chesapeake Conservancy and a state agency. On the Susquehanna River, a boat dock, wildlife viewing platform and fishing access were established at the Zimmerman Center for Heritage with support from Pennsylvania’s Fish and Boat Commission, Department of Conservation and Natural Resources and Department of Transportation, with additional funding from the National Park Service and local donors. National Park Service funding for public access projects serving local communities comes through the congressionally authorized Chesapeake Bay Gateways and Watertrails Network and the Captain John Smith Chesapeake National Historic Trail. This partnership approach has been a continuing pattern throughout the watershed, and it will take this approach to continue to enhance public access opportunities.
State, federal and local governments are generally the guardians of these opportunities, providing public sites where everyone can enjoy the natural and cultural bounty of the Chesapeake Bay watershed—relaxing, learning and reflecting in direct interaction with the region’s treasured waters. Some sites provide direct access to the Bay and its rivers for boating, sunbathing and swimming. Others provide spots where visitors without watercraft can fish, observe wildlife, walk trails and camp along the water’s edge. The Watershed Agreement’s public access goal reaffirms both the need for and benefits of providing citizens access to these resources.
Written by John Davy, National Park Service - Chesapeake Bay Office. John Davy is chair of the Chesapeake Bay Program's Public Access Planning Team.
For more than three decades, improvements in Chesapeake Bay health have been guided primarily by science-based policy. But the study of human behavior could have key applications for Bay restoration, according to a new report from an advisory committee of scientific experts.
The field of behavioral economics seeks to understand how individuals interpret information and why they make certain choices. In the report, experts from the Bay Program’s Scientific and Technical Advisory Committee (STAC) explore the subject and its potential uses for the Bay region.
With a better understanding of human behavior, the report suggests, Bay Program partners could meet the goals of the Chesapeake Bay Watershed Agreement in a more effective way. Several recommendations for research are included, such as how community recognition could make homeowners more likely to implement conservation practices. The report suggests that partnerships between policymakers and social scientists could help identify additional ways to blend behavioral research with restoration work.
The report, Exploring Applications of Behavioral Economics Research to Environmental Policy-making in the Chesapeake Bay Watershed, is available on the STAC website.
While the abundance of adult female blue crabs in the Chesapeake Bay is below target, fisheries experts have reported the blue crab stock is not depleted and overfishing is not occurring.
According to the 2015 Chesapeake Bay Blue Crab Advisory Report, released by the Chesapeake Bay Stock Assessment Committee (CBSAC), the start of the 2015 crabbing season saw 101 million adult female blue crabs in the Bay. This marks a 47 percent increase from last year’s abundance of adult females, which the Chesapeake Bay Program tracks as an indicator of Bay health. Because blue crab abundance is above the 70 million threshold, the blue crab stock is not considered depleted. And because just 17 percent of adult females were harvested in 2014—well below the 25.5 percent target—overfishing is not occurring.
In its report, CBSAC urged the Maryland Department of Natural Resources (DNR), the Virginia Marine Resources Commission (VMRC) and the Potomac River Fisheries Commission (PRFC) to maintain a risk-averse management approach to protect juvenile crabs, whose numbers fluctuate from year to year. The committee, which is made up of scientists, academics and government representatives and housed under the Bay Program’s Sustainable Fisheries Goal Implementation Team (GIT), also recommended evaluating the establishment of a Bay-wide allocation-based management framework.
An allocation-based management framework would allocate an annual “total allowable catch” of male and female crabs to Maryland, Virginia and the PRFC. In the 2014 Chesapeake Bay Watershed Agreement, the Bay Program committed to evaluating the establishment of this framework. “[This report] directly supports our efforts to achieve the blue crab outcomes set forth in the [Watershed] Agreement, using the best science available to provide meaningful input to management decisions made by jurisdictions,” said Peyton Robertson, National Oceanic and Atmospheric Administration (NOAA) Chesapeake Bay Office Director and Sustainable Fisheries GIT Chair, in a media release.