Sept. 17 Habitats - 1) Wetlands Habitats Distribution Aquatic Plants Hydrology Freshwater marshes widespread grasses, sedges seasonal to permanent (Carex) flooding Tidal Marshes coastal halophytic grasses, daily, monthly (salt and brackish) sedges (Juncus) flooding Prairie Potholes Northern Plains grasses, sedges, temporary to herbaceous plants permanent flooding Fens near mineral rich grasses, sedges, permanently saturated soils and water shrubs, trees with flowing water Bog recently glaciated moss, shrubs, frequent precipitation areas trees, desmids Swamp prolonged trees standing water saturation (Cyprus, Gum) Bottomlands rolling hills oaks, maples seasonal flooding, annual dry periods Mangroves tropical, red, white, black tidal floods, fresh subtropical mangroves runoff or infiltration Bays, Lagoons coastal eelgrass, open salt water turtlegrass All wetlands have 3 characteristics in common: vegetation - support predominantly hydrophytes hydrology - saturated soil, flooded for some time in a year soil - hydric soil or non-soil substrate (gravel or sand) 2) Riparian and Playa Habitats Definitions: Playa - seasonal wetland, usually a closed basin with periodic flooding (some playas may not be wetlands, instead they are dry salty areas). Riparian zones - wetlands in which soils and soil moisture are influenced by adjacent stream or river. In the southwest US and Mexico a similar ecological zone is a bosque - a gallery forest, usually in a riparian zone. Riparian zones are subject to periodic flooding and represent an area between aquatic environments and terrestrial ecosystems. Riparian zones are extensive in the eastern US. One survey reported 22.9 million hectares in the continental US (mostly in the east) plus 12 million more in Alaska. Arizona has about 100,000 hectares left. Riparian zones have been heavily settled, farmed, logged, and irrigated. In higher elevations, alders and poplars are common riparian trees. Cottonwood, willows, and ash are found in lower elevations. 3) Open Water Habitats Definitions: Lentic - open water ponds and lakes having submergent plants, some emergents along the sides, and floating plants. Lotic - flowing streams and rivers, mostly having submerged and emergent plants. The plant distribution in open water is controlled by the turbidity of the water, the availability of sunlight for photosynthesis (competition with algae), and water motion. 4) Anthropogenic (manmade) Reservoirs and irrigation systems are examples of manmade aquatic environments. These are dependent on substrate (sometimes concrete or soil conveyance systems), water flow, and nutrients (return water is nutrient rich in an irrigation system). Pondweed, Potamogeton, Spiny Niad, and Chara are all common on concrete substrates. Sept. 19 Review of original wetland definition: shallow water or saturated soil unique hydric soil hydrophytic vegetation There are several fuzzy areas in this definition. 1) Variability in flooding conditions within a year, and from year to year. Similarly, fluctuating of water levels in ground water. 2) All three characteristics may not be met (i.e. boundaries of three are not the same). 3) Different kinds of wetlands may not fit criteria. Two types of definitions can be found. 1) one is scientific - involving classification, inventory, and research 2) one for managers and regulators - control wetland modification and changes in water quality. The most widely accepted technical description is the 1979 Scientific Description put out by the USFWS. A legal or jurisdictional definition was developed by the Corps of Engineers in 1984 in the Clean Water Act. The Corps of Engineers responsibility was determined before the Clean Water Act by a court case in 1972 Zabel v. Tabb. In 1975 in Natural Resources Defense Council v. Calloway, wetlands were included in waters of the US. Before this, the Corps was concerned with only navigable waters. In 1985 in US v. Riverside Bayview Homes Inc., the Supreme Court upheld the new Corps argument. Since 1989 jurisdictional wetlands describes those areas that meet the definition. The wetland definition only requires that under normal circumstances vegetation is typically adapted for survival in a saturated area. This is needed for practical limitations of rapid evaluations and reasonable amounts of effort. It is not possible to wait several years to test soil saturation levels, looking at plant life is a good enough evaluation. Federal regulations regarding wetlands are an overlapping patchwork. There is no specific wetland law. 1) Clean Water Act - dredge and fill permits (sec. 404 Corps of Engineers), water quality (sec. 303 EPA), National Pollutant Discharge Elimination System (sec.402 EPA). This is administered in Az by DEQ. 2) Fish and Wildlife Service - Migratory Birds, Wildlife Restoration Act, Endangered Species Act, National Wildlife Refuge. 3) Swampbuster - part of 1985 Food Security Act, Farm Bill. 4) 1972 Coastal Zone Management Act - Dept. of Commerce, Federal government provides an 80% match to a state developing coastal zone management plans. 1987 National Wetlands Policy Forum - advisory board to EPA formulated one major objective - the nation should strive for no net loss of wetlands. The US should create and restore to replace wetlands lost to further development. No net loss was adopted as policy by Bush and Clinton and agencies have been told this as executive direction. Takings issue - Issue is whether regulations which deny an owner from making economically viable use of land require compensation to the landowner. Remember that the constitution protects from unreasonable seizure and requires just compensation for property which is taken. Issue is zoning and rezoning. In June 1992 Lucas v. South Carolina, Supreme Court ruled that the state did have to pay after property was rezoned. 404 Dredge and Fill is still the most important wetland regulation. States must meet for construction, utilities, developers, etc. Wetland delineation - obviously need to determine if land is a wetland. In 1987 the Army Corps of Engineers published tech manual for delineation followed by the EPA, SCS, and USFWS. In 1989, these groups got together and published one manual called the Federal Manual for Identifying and Delineating Jurisdictional wetlands. This is often used by developers and regulators to support their arguments. Modifications to the manual were proposed in 1991 to loosen regulations, but there were a lot of complaints and the effort to alter the manual was dropped.