Spring 2009 Delaware Audubon Society Newsletter
Content
DelawareAudubon
www.delawareaudubon.org Vol. XXXI No. 1 • Spring 2009
Lawsuit Ends Cooperative Farming Agreements at Prime Hook National Wildlife Refuge
Farming with Genetically Modified Crops Also Banned; Ruling May Affect Farming on Scores of Other Refuges
A federal court has ordered the U.S. Fish & Wildlife Service to stop all cooperative farming agreements, as well as the planting of genetically engineered (GE) crops on its Prime Hook National Wildlife Refuge in Delaware. While the ruling is limited to Prime Hook, the lawsuit may serve as a model for similar litigation at more than 80 other national wildlife refuges now growing GE crops.
Filed in April 2006 by the Mid-Atlantic Environmental Law Center on behalf of the Delaware Audubon Society, Public Employees for Environmental Responsibility (PEER) and the Center for Food Safety, the federal suit charged that the Fish & Wildlife Service had illegally entered into Cooperative Farming Agreements with private parties, allowing hundreds of acres to be plowed over without required environmental review and contrary to the Service’s own policy prohibiting GE crops.
“It is unfortunate that we had to file suit against the Service to get it to comply with its own policies,” noted Nicholas DiPasquale, Conservation Chair for Delaware Audubon. “It is clear that this Refuge Manager had abdicated control over farming operations at Prime Hook just as it is also clear that farming practices have been extremely destructive to the forested uplands at the refuge.” Cooperative farming at the Prime Hook NWR resulted in damage to the biological integrity and environmental health of the refuge, and was inconsistent with the purposes for which the refuge was established, according to the lawsuit. “These farming programs chew up the habitat that is supposed to provide refuge for wildlife,” stated Grady Hocutt, a former long-time refuge manager who now directs the PEER refuge program. “Genetically modified crops serve no legitimate refuge purpose and have no business being grown there.” Farming within wildlife refuges often interferes with the protection of the wildlife and the native grasses that the national refuge system is designed to protect. Scientists also warn the use of genetically engineered crops can lead to increased pesticide use on refuges and can have additional negative effects on birds, aquatic animals, and other wildlife. The court ruling blocks future agricultural operations on Prime Hook until compatibility determinations required by the National Wildlife Refuge System Administration Act and environmental assessments required by the National Environmental Policy Act have been completed. “The Court’s decision is clearly a victory in the public interest, an unambiguous statement on government mismanagement, and an indictment against the use of public resources for private economic gain,” said DiPasquale.
Photo © 2006 Rich Weiner
FROM THE PRESIDENT
It’s time for a little reminiscing, folks. I have had the honor of sorting and archiving our historical records as we moved them to our new office space at Plaza 273 in Christiana, Delaware. While I have been reviewing the history of the organization, I was impressed by the environmentalists who have led this group since its founding. It is an honor to follow the likes of Dorothy Miller, Ann Rydgren, Lynne Frink, Barbara Lundberg, Nancy Frampton, Bob and Trudy Wendt, Dick and Grace Pierce-Beck, Leslie Savage, Asha Iyengar, Matt DelPizzo, Bob Davis, Andy Urquhart, Peggy and Fred Jahn, Irene Goverts, Kathy Tidball, Kay Tebbens, and others. Their work was outstanding for a group of volunteers: Ann produced an award-winning newsletter and started the Important Bird Areas (IBA) project, among her many contributions. Peggy did outstanding work on the Least Tern project, the Bluebird House project, and led a host of field trips throughout the area. Lynne and Barbara established Tri-State Bird Rescue, now a leading bird rescue organization in the nation. Leslie fought – and continues to fight – river dredging. Trudy, Kay, Kathy, and others worked with Delaware teachers to establish the popular Audubon Adventures school program. Dorothy led the charge to preserve the White Clay Creek Watershed. Bob D. could even find humor in environmental matters. Matt was always willing to go toe-to-toe with anyone on the Horseshoe Crab issue. Bob W. helped me learn Audubon accounting. There are too many people to thank—far too many. I am archiving their work and hope to gradually make the results available. Anyone looking for a history of the achievements of our organization will be able to access this information on our website, at www.delawareaudubon.org.
Limulus Polyphemus
(Horseshoe Crab)
The browning dune grass is a harbinger of the winter soon to arrive. The gentle thud of waves on the deserted beach – less the noise of summer tourists. Lifts my spirit – thoughts come alive of a sea creature from long ago – Limulus Polyphemus It existed before the dinosaurs along our bay sustaining the thousands of hungry shorebirds that feasted on their eggs for food. They continue this vital function today and provide developments in medicine that will do mankind much good. This pre-historic creature with its helmet-like shell is not a crab at all. It’s related to spiders and scorpions – and hibernates in the mud of the sea come the winds of fall. The horseshoe crab will remain environmentally invaluable to Earth’s denizens.
I must also thank the late, great Grace Pierce-Beck. In rummaging through these old records, I found a poem Grace had composed and sent to Ann. Her cover note reads: “Dear Ann, The poem is an afterthought. If you can use it or improve it, please do. Grace.” Well, once I read the poem I believe it needs to see the light of day for our members. It didn’t need improvement from Ann (trust me, Ann can improve the written word as only a great editor can do). The poem is pure Grace.
Mark Martell
THE DELAWARE AUDUBON NEWSLETTER IS PUBLISHED
QUARTERLY BY THE DELAWARE AUDUBON SOCIETY. DESIGN & LAYOUT ........................................... STEVEN BREUKELMAN PRINTING .........................................SPRINT QUALITY PRINTING, INC.
TELEPHONE: 302.292.3970 MAILING ADDRESS: Delaware Audubon Society 56 W. Main Street, Suite 212 B Christiana, DE 19702-1500 EMAIL ADDRESS: [email protected]
The Delaware Audubon Society, incorporated in 1977, is a statewide chapter of the National Audubon Society. Printed on recycled paper.
Delaware River Main Channel Deepening Project Update
On April 6, 2009, the Army Corps of Engineers released an Environmental Assessment report asserting that no new environmental studies were required by law for the proposal to deepen the Delaware River’s main navigation channel. The public notice announcing the release provides no opportunity for public review or comment, nor does it solicit input from other state and federal environmental agencies that have legal obligations to review the project. The public notice can be found at:
Volunteers Still Needed for Breeding Bird Atlas Survey
Volunteers are sought to join in the second year of an exciting five-year effort to explore and document the wide range of bird species that breed in Delaware. Data collected from 2008 to 2012 will be compiled into the Second Delaware Breeding Bird Atlas, a valuable reference for conservationists, biologists, birders, educators, students and anyone interested in Delaware’s avian inhabitants. “This project provides a great opportunity for birders, researchers, nature enthusiasts and students of all ages and skill levels to participate in a large-scale survey project and make a significant contribution to the study of Delaware’s avian populations,” said Anthony Gonzon, atlas project coordinator. “We welcome advanced and experienced birders as well as eager and willing novices.” Beginning early in 2008, volunteers have been offered training to participate in this ultimate citizen science project, using tried-and-true methods along with new ideas to build on the foundation of the first atlas, produced in the 1980s. As in that earlier project, Delaware has been divided into blocks, each spanning about 10 square miles. Blocks are grouped into six regions, each with a regional coordinator to work with volunteers. To collect data, volunteer atlasers survey their block(s) in search of evidence of breeding. Depending on bird activity observed, they will classify their observations into four categories: observed, possible, probable, and confirmed. Atlasers will learn how to identify and confirm the breeding of birds and about their habitats and how they might be impacted by current landscape change or change over the past 20 years. “We have baseline data from the first Delaware Breeding Bird Atlas, which was done from 1983 to 1987. With the data in this new atlas, we’ll learn about the current status, distribution and abundance of Delaware’s breeding birds. This information will help us make plans to conserve and protect our state’s avian population for the future, including our species of special conservation concern,” Gonzon said. The completed atlas will include species-specific summaries of the breeding histories of Delaware birds, detailed distribution maps for all bird species breeding in Delaware, analyses of changes since the first atlas and conservation recommendations. It will be published and available both electronically and conventionally on paper. The Division of Fish & Wildlife is the primary sponsor of the Second Delaware Breeding Bird Atlas, which has been awarded federal and state grant funding. The Division’s conservation partners interested in assisting with the project to date include Delaware Audubon, Delmarva Ornithological Society, Delaware Nature Society, Delaware Museum of Natural History, U.S. Fish and Wildlife Service, and the U.S. Geological Survey, among others. For more information on the Second Delaware Breeding Bird Atlas, please contact Project Coordinator Anthony Gonzon at 653-2880.
www.nap.usace.army.mil/cenap-pa/news.htm#public
The New Jersey Coastal Zone Consistency determination issued in 1997 for the Project was revoked by letter dated September 30, 2002, from then NJDEP Commissioner Bradley Campbell. This determination of revocation was based upon a 5-year lapse of time since issuance, the significant amount of new economic and environmental information that had been received on the project, and changes to the Project. In addition, according to New Jersey, the Clean Water Act Section 401 certification it issued for the project expired on its own terms in 2002. Delaware has yet to issue a State Subaqueous Lands and Wetlands Permit needed for the Project to move forward. The Army Corps submitted an application to DNREC seeking a subaqueous lands and wetlands permit and water quality certification for the project in January 2001. In December, 2003 the administrative hearing officer issued a report to the Secretary of DNREC recommending the Secretary deny the Corps’ permit application, finding that the Army Corps failed to provide “sufficient and necessary information to meet the regulatory burden to obtain a permit under the authority of Chapter 66, as potential adverse effects have not been proven to be minimized.” (Hearing Officer’s Report, p. 58). On December 15, Delaware Audubon, the Delaware Riverkeeper, Delaware Riverkeeper Network, and Delaware Nature Society filed a Petition for a Writ of Mandamus, asking the Superior Court, New Castle County, to force Delaware’s Secretary of the Department of Natural Resources and Environmental Control to issue a decision regarding the subaqueous lands and wetlands permit and water quality certification application for the proposed Delaware River Deepening project. This action is still pending in the court. The deepening proposal would take the Delaware River’s main navigation channel from 40 to 45 feet for a distance of 102 miles. The project has been twice considered by the Government Accountability Office and found not to be economically justified.
This article was adapted from the Delaware Riverkeeper.
IN MEMORIAM:
Delaware Audubon lost a friend and long-time volunteer in March, when Mark Kamalski died in a car accident. Mark served for many years delivering bird seed during our annual fundraiser.
Delaware Audubon
56 W. Main Street, Suite 212 B Christiana, DE 19702-1500
Nonprofit Organization U.S. Postage Permit # 428 Wilmington, DE
PAID
UPCOMING EVENTS:
Sunday, May 3rd Tri-State Bird Rescue & Research Annual Open House 10:00 am – 3:00 pm This is a once-a-year opportunity to tour the Tri-State facility. Learn what they do, enjoy kid-friendly activities, visit exhibitors, and grab a bite to eat. Saturday, May 23 Annual Horseshoe Crab and Shorebird Festival Downtown Milton and Prime Hook National Wildlife Refuge 10:00 am – 4:00 pm Come see us at the Delaware Audubon booth (in Milton Memorial Park).
rd
FREE LECTURE: Impacts of Climate Change on the Mid-Atlantic Region
Wednesday, April 29 – 7:00 pm Limestone Presbyterian Church 3201 Limestone Road Wilmington, DE 19808 Speaker: Dr. Peter Schultz Director, US Climate Change Science Program Office Dr. Schultz oversees and coordinates the work of thirteen federal agencies working on various research aspects of climate change and their impacts on the United States. Peter is looking for feedback on what kinds of information policy makers and others want in order to plan effectively for the coming changes in the region’s climate. The public and policy makers are invited.
Sponsored by: League of Women Voters of New Castle County Delaware Chapter of the Sierra Club Delaware Department of Natural Resources & Environmental Control
JOIN DELAWARE AUDUBON NOW!
INTRODUCTORY MEMBERSHIP OFFER
For $20.00 Receive Membership to National Audubon Society and Delaware Audubon Society
Name
_____________________________________________
Address _____________________________________________ City _______________________ State _____ Zip ____________ Phone (___) ______________ Referred By _______________________ Date ______________
Please make all checks payable to: National Audubon Society Send this application and your check to: Delaware Audubon Society 56 W. Main St., Suite 212B, Christiana, DE 19702
C9ZD900Z
www.delawareaudubon.org Vol. XXXI No. 1 • Spring 2009
Lawsuit Ends Cooperative Farming Agreements at Prime Hook National Wildlife Refuge
Farming with Genetically Modified Crops Also Banned; Ruling May Affect Farming on Scores of Other Refuges
A federal court has ordered the U.S. Fish & Wildlife Service to stop all cooperative farming agreements, as well as the planting of genetically engineered (GE) crops on its Prime Hook National Wildlife Refuge in Delaware. While the ruling is limited to Prime Hook, the lawsuit may serve as a model for similar litigation at more than 80 other national wildlife refuges now growing GE crops.
Filed in April 2006 by the Mid-Atlantic Environmental Law Center on behalf of the Delaware Audubon Society, Public Employees for Environmental Responsibility (PEER) and the Center for Food Safety, the federal suit charged that the Fish & Wildlife Service had illegally entered into Cooperative Farming Agreements with private parties, allowing hundreds of acres to be plowed over without required environmental review and contrary to the Service’s own policy prohibiting GE crops.
“It is unfortunate that we had to file suit against the Service to get it to comply with its own policies,” noted Nicholas DiPasquale, Conservation Chair for Delaware Audubon. “It is clear that this Refuge Manager had abdicated control over farming operations at Prime Hook just as it is also clear that farming practices have been extremely destructive to the forested uplands at the refuge.” Cooperative farming at the Prime Hook NWR resulted in damage to the biological integrity and environmental health of the refuge, and was inconsistent with the purposes for which the refuge was established, according to the lawsuit. “These farming programs chew up the habitat that is supposed to provide refuge for wildlife,” stated Grady Hocutt, a former long-time refuge manager who now directs the PEER refuge program. “Genetically modified crops serve no legitimate refuge purpose and have no business being grown there.” Farming within wildlife refuges often interferes with the protection of the wildlife and the native grasses that the national refuge system is designed to protect. Scientists also warn the use of genetically engineered crops can lead to increased pesticide use on refuges and can have additional negative effects on birds, aquatic animals, and other wildlife. The court ruling blocks future agricultural operations on Prime Hook until compatibility determinations required by the National Wildlife Refuge System Administration Act and environmental assessments required by the National Environmental Policy Act have been completed. “The Court’s decision is clearly a victory in the public interest, an unambiguous statement on government mismanagement, and an indictment against the use of public resources for private economic gain,” said DiPasquale.
Photo © 2006 Rich Weiner
FROM THE PRESIDENT
It’s time for a little reminiscing, folks. I have had the honor of sorting and archiving our historical records as we moved them to our new office space at Plaza 273 in Christiana, Delaware. While I have been reviewing the history of the organization, I was impressed by the environmentalists who have led this group since its founding. It is an honor to follow the likes of Dorothy Miller, Ann Rydgren, Lynne Frink, Barbara Lundberg, Nancy Frampton, Bob and Trudy Wendt, Dick and Grace Pierce-Beck, Leslie Savage, Asha Iyengar, Matt DelPizzo, Bob Davis, Andy Urquhart, Peggy and Fred Jahn, Irene Goverts, Kathy Tidball, Kay Tebbens, and others. Their work was outstanding for a group of volunteers: Ann produced an award-winning newsletter and started the Important Bird Areas (IBA) project, among her many contributions. Peggy did outstanding work on the Least Tern project, the Bluebird House project, and led a host of field trips throughout the area. Lynne and Barbara established Tri-State Bird Rescue, now a leading bird rescue organization in the nation. Leslie fought – and continues to fight – river dredging. Trudy, Kay, Kathy, and others worked with Delaware teachers to establish the popular Audubon Adventures school program. Dorothy led the charge to preserve the White Clay Creek Watershed. Bob D. could even find humor in environmental matters. Matt was always willing to go toe-to-toe with anyone on the Horseshoe Crab issue. Bob W. helped me learn Audubon accounting. There are too many people to thank—far too many. I am archiving their work and hope to gradually make the results available. Anyone looking for a history of the achievements of our organization will be able to access this information on our website, at www.delawareaudubon.org.
Limulus Polyphemus
(Horseshoe Crab)
The browning dune grass is a harbinger of the winter soon to arrive. The gentle thud of waves on the deserted beach – less the noise of summer tourists. Lifts my spirit – thoughts come alive of a sea creature from long ago – Limulus Polyphemus It existed before the dinosaurs along our bay sustaining the thousands of hungry shorebirds that feasted on their eggs for food. They continue this vital function today and provide developments in medicine that will do mankind much good. This pre-historic creature with its helmet-like shell is not a crab at all. It’s related to spiders and scorpions – and hibernates in the mud of the sea come the winds of fall. The horseshoe crab will remain environmentally invaluable to Earth’s denizens.
I must also thank the late, great Grace Pierce-Beck. In rummaging through these old records, I found a poem Grace had composed and sent to Ann. Her cover note reads: “Dear Ann, The poem is an afterthought. If you can use it or improve it, please do. Grace.” Well, once I read the poem I believe it needs to see the light of day for our members. It didn’t need improvement from Ann (trust me, Ann can improve the written word as only a great editor can do). The poem is pure Grace.
Mark Martell
THE DELAWARE AUDUBON NEWSLETTER IS PUBLISHED
QUARTERLY BY THE DELAWARE AUDUBON SOCIETY. DESIGN & LAYOUT ........................................... STEVEN BREUKELMAN PRINTING .........................................SPRINT QUALITY PRINTING, INC.
TELEPHONE: 302.292.3970 MAILING ADDRESS: Delaware Audubon Society 56 W. Main Street, Suite 212 B Christiana, DE 19702-1500 EMAIL ADDRESS: [email protected]
The Delaware Audubon Society, incorporated in 1977, is a statewide chapter of the National Audubon Society. Printed on recycled paper.
Delaware River Main Channel Deepening Project Update
On April 6, 2009, the Army Corps of Engineers released an Environmental Assessment report asserting that no new environmental studies were required by law for the proposal to deepen the Delaware River’s main navigation channel. The public notice announcing the release provides no opportunity for public review or comment, nor does it solicit input from other state and federal environmental agencies that have legal obligations to review the project. The public notice can be found at:
Volunteers Still Needed for Breeding Bird Atlas Survey
Volunteers are sought to join in the second year of an exciting five-year effort to explore and document the wide range of bird species that breed in Delaware. Data collected from 2008 to 2012 will be compiled into the Second Delaware Breeding Bird Atlas, a valuable reference for conservationists, biologists, birders, educators, students and anyone interested in Delaware’s avian inhabitants. “This project provides a great opportunity for birders, researchers, nature enthusiasts and students of all ages and skill levels to participate in a large-scale survey project and make a significant contribution to the study of Delaware’s avian populations,” said Anthony Gonzon, atlas project coordinator. “We welcome advanced and experienced birders as well as eager and willing novices.” Beginning early in 2008, volunteers have been offered training to participate in this ultimate citizen science project, using tried-and-true methods along with new ideas to build on the foundation of the first atlas, produced in the 1980s. As in that earlier project, Delaware has been divided into blocks, each spanning about 10 square miles. Blocks are grouped into six regions, each with a regional coordinator to work with volunteers. To collect data, volunteer atlasers survey their block(s) in search of evidence of breeding. Depending on bird activity observed, they will classify their observations into four categories: observed, possible, probable, and confirmed. Atlasers will learn how to identify and confirm the breeding of birds and about their habitats and how they might be impacted by current landscape change or change over the past 20 years. “We have baseline data from the first Delaware Breeding Bird Atlas, which was done from 1983 to 1987. With the data in this new atlas, we’ll learn about the current status, distribution and abundance of Delaware’s breeding birds. This information will help us make plans to conserve and protect our state’s avian population for the future, including our species of special conservation concern,” Gonzon said. The completed atlas will include species-specific summaries of the breeding histories of Delaware birds, detailed distribution maps for all bird species breeding in Delaware, analyses of changes since the first atlas and conservation recommendations. It will be published and available both electronically and conventionally on paper. The Division of Fish & Wildlife is the primary sponsor of the Second Delaware Breeding Bird Atlas, which has been awarded federal and state grant funding. The Division’s conservation partners interested in assisting with the project to date include Delaware Audubon, Delmarva Ornithological Society, Delaware Nature Society, Delaware Museum of Natural History, U.S. Fish and Wildlife Service, and the U.S. Geological Survey, among others. For more information on the Second Delaware Breeding Bird Atlas, please contact Project Coordinator Anthony Gonzon at 653-2880.
www.nap.usace.army.mil/cenap-pa/news.htm#public
The New Jersey Coastal Zone Consistency determination issued in 1997 for the Project was revoked by letter dated September 30, 2002, from then NJDEP Commissioner Bradley Campbell. This determination of revocation was based upon a 5-year lapse of time since issuance, the significant amount of new economic and environmental information that had been received on the project, and changes to the Project. In addition, according to New Jersey, the Clean Water Act Section 401 certification it issued for the project expired on its own terms in 2002. Delaware has yet to issue a State Subaqueous Lands and Wetlands Permit needed for the Project to move forward. The Army Corps submitted an application to DNREC seeking a subaqueous lands and wetlands permit and water quality certification for the project in January 2001. In December, 2003 the administrative hearing officer issued a report to the Secretary of DNREC recommending the Secretary deny the Corps’ permit application, finding that the Army Corps failed to provide “sufficient and necessary information to meet the regulatory burden to obtain a permit under the authority of Chapter 66, as potential adverse effects have not been proven to be minimized.” (Hearing Officer’s Report, p. 58). On December 15, Delaware Audubon, the Delaware Riverkeeper, Delaware Riverkeeper Network, and Delaware Nature Society filed a Petition for a Writ of Mandamus, asking the Superior Court, New Castle County, to force Delaware’s Secretary of the Department of Natural Resources and Environmental Control to issue a decision regarding the subaqueous lands and wetlands permit and water quality certification application for the proposed Delaware River Deepening project. This action is still pending in the court. The deepening proposal would take the Delaware River’s main navigation channel from 40 to 45 feet for a distance of 102 miles. The project has been twice considered by the Government Accountability Office and found not to be economically justified.
This article was adapted from the Delaware Riverkeeper.
IN MEMORIAM:
Delaware Audubon lost a friend and long-time volunteer in March, when Mark Kamalski died in a car accident. Mark served for many years delivering bird seed during our annual fundraiser.
Delaware Audubon
56 W. Main Street, Suite 212 B Christiana, DE 19702-1500
Nonprofit Organization U.S. Postage Permit # 428 Wilmington, DE
PAID
UPCOMING EVENTS:
Sunday, May 3rd Tri-State Bird Rescue & Research Annual Open House 10:00 am – 3:00 pm This is a once-a-year opportunity to tour the Tri-State facility. Learn what they do, enjoy kid-friendly activities, visit exhibitors, and grab a bite to eat. Saturday, May 23 Annual Horseshoe Crab and Shorebird Festival Downtown Milton and Prime Hook National Wildlife Refuge 10:00 am – 4:00 pm Come see us at the Delaware Audubon booth (in Milton Memorial Park).
rd
FREE LECTURE: Impacts of Climate Change on the Mid-Atlantic Region
Wednesday, April 29 – 7:00 pm Limestone Presbyterian Church 3201 Limestone Road Wilmington, DE 19808 Speaker: Dr. Peter Schultz Director, US Climate Change Science Program Office Dr. Schultz oversees and coordinates the work of thirteen federal agencies working on various research aspects of climate change and their impacts on the United States. Peter is looking for feedback on what kinds of information policy makers and others want in order to plan effectively for the coming changes in the region’s climate. The public and policy makers are invited.
Sponsored by: League of Women Voters of New Castle County Delaware Chapter of the Sierra Club Delaware Department of Natural Resources & Environmental Control
JOIN DELAWARE AUDUBON NOW!
INTRODUCTORY MEMBERSHIP OFFER
For $20.00 Receive Membership to National Audubon Society and Delaware Audubon Society
Name
_____________________________________________
Address _____________________________________________ City _______________________ State _____ Zip ____________ Phone (___) ______________ Referred By _______________________ Date ______________
Please make all checks payable to: National Audubon Society Send this application and your check to: Delaware Audubon Society 56 W. Main St., Suite 212B, Christiana, DE 19702
C9ZD900Z
