The Register-Guard, Eugene, Oregon, October 6, 1991
By The Associated Press
PORTLAND--Oregon is sticking with 1989 wetlands protection standards
developed by federal scientific experts and will ignore changes proposed
by a council led by Vice President Dan Quayle.
The Division of State Lands has projected changes proposed by the
President's Council on Competitiveness that could eliminate protection for
as much as half of Oregon's wetlands, the state announced Friday.
Ken Bierly, the division's wetland program manager, said the council's
alteration of the federal wetlands identification manual developed by a
team of experts is an attempt to change federal policy on wetlands
protection.
Conservationists have accused Bush, who unveiled the proposed changes in
August, of keeping his campaign promise to allow "no net loss of wetlands"
by defining them away.
The new criteria relax protections for certain wetlands that are not as
wet, or wet as often, compared with year-round bogs, swamps and marshes.
Under the new definition, the national wetlands inventory would drop by
one-third from the 100 million acres protected under the current
definition.
Under one proposed rule change, for example, regulators would have to
prove that a piece of property is saturated to the surface for 21
consecutive days or flooded for 15 consecutive days during the growing
season.
That standard lacks any scientific basis, Bierly said.
The 1989 standards, developed jointly by the U.S. Fish & Wildlife
Service, the Environmental Protection Agency, the Army Corps of Engineers
and Soil Conservation Service, use a combination of soil types, vegetation
and hydrology to determine if the property is a wetland and eligible for
protection under Section 404 of the Clean Water Act.
Section 404 allows states to assume responsibility for regulating
wetlands, and Oregon has done that. Its removal-fill law, which applies
to actions affecting all state waters, is considered more restrictive and
more comprehensive that the federal law.
Source: The Register-Guard, Eugene, Oregon, October 6, 1991