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Environmental Environmental Perspective Perspective on Creation and Restoration www.vernalpools.org Carol W. Witham, VernalPools.Org

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Page 1: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

Environmental PerspectiveEnvironmental Perspective on Creation and Restoration

www.vernalpools.org

Carol W. Witham, VernalPools.Org

Page 2: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Special ConsiderationsSpecial Considerations pertaining to California vernal pools

87% of this ecosystem has already been lost

On-site avoidance results in highly fragmented “postage stamp” preserves that are difficult to manage

“No net loss” mitigation often results in unnatural vernal pool densities

Loss of the upland matrix can cause adverse impacts to critical ecosystem functions

We can create puddles, but are they really vernal pools?

Page 3: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

National Research CouncilNational Research Council on wetland creation and restoration

In June 2001, the National Research Council (NRC) issued a report entitled:

Compensating for Wetland Losses under the Clean Water Act. Some of the

important conclusions from this report include:

Some wetland types are difficult to recreate

Mitigation wetlands are often designed “too wet”

Mitigation often fails to consider watershed function

Decreases in available land may lead to conflict

Page 4: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Regulatory Guidance LetterRegulatory Guidance Letter Corps’ response to the NRC report

An ecosystem approach that considers watersheds

Mitigation as functional “debits” and “credits”

Preservation of threatened wetlands as mitigation

Off-site and out-of-kind mitigation may be appropriate

Raphanos decision and guidance???

On October 31, 2001, the U.S. Army Corps of Engineers issued a Regulatory

Guidance Letter (RGL) addressing the need to increase the effectiveness and

compliance of mitigation through:

Page 5: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

Despite the Corps’ Regulatory Guidance

Letter suggesting that off-site and

out-of-kind mitigation may be appropriate

for to (re)create wetlands, vernal pools are

endangered species habitat:

www.vernalpools.org

Endangered Species ActEndangered Species Act FWS frowns on out-of-kind mitigation

Page 6: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Recent ImprovementsRecent Improvements in approach and design

Since 2001, regulators have moved away from the on-site mitigation and

consultants have worked hard to create more natural looking landscapes:

Fewer “postage stamp” preserves with the pools

“packed in” like sardines

Improvements in design have lead to more “natural”

looking mitigation wetlands

Off-site mitigation and banking allows for larger

landscapes and enhanced management

Page 7: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

More Improvements NeededMore Improvements Neededto ensure that mitigation is effective

Right now we are still operating on a wish and a prayer that the restored and

created vernal pools are recreating what is being lost.

No one is gathering sufficient information about the

impact site

Mitigation success criteria are too vague and

monitoring is too short

Translocation of species may be a genetic “ticking time

bomb”

Page 8: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Insufficient Baseline InformationInsufficient Baseline Information about the impact and mitigation sites

We don’t know enough about what is being lost to make any reasonable

determination of whether or not mitigation is working or adequate.

Species distribution – abundance and persistence

Vegetation communities – not just plants

Hydrology – vernal pools are usually in complexes

Ecosystem processes – functions and values

Metapopulation dynamics – local extirpation and

recolonization mechanisms

Page 9: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Simplistic Success CriteriaSimplistic Success Criteriain a very complicated ecosystem

Because we have not taken the time to study the dynamics of the vernal pool

ecosystem, success is generally based on a few superficial factors.

Does it hold water in the winter time, dry down in the

spring and become desiccated in the summer?

Does it have a predominance of plants associated with

vernal pools and an absence of marsh plants?

Does it contain one or more of the listed vernal pool

crustaceans?

Page 10: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Inappropriate Monitoring TimelineInappropriate Monitoring Timelineto ensure that the mitigation is successful Generally, the required monitoring period to determine if the mitigation is

successful is only 5 to 10 years.

Vernal pool organisms have a persistent seed/cyst bank

Current practice is to inoculate the (re)created pools

5 or even 10 years is not enough time to tell whether

the populations are sufficiently viable to be replacing

the seed/cyst bank, or whether it is just being depleted

Most mitigation sites have declined over time

Page 11: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Translocation IssuesTranslocation Issuesvernal pools are like clusters of islands The further apart they are, the more their resident populations may have

evolved unique genetic traits.

The practice of translocating seeds/cysts from one area

to another could have significant consequences

Genetic swamping of closely related species

Crossbreeding that leads to mortality/extirpation

We have no idea how far is “too far” to be moving

these organisms around

Page 12: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Innovative New IdeasInnovative New Ideasto overcome some of the problematic issues

Study the soils and aquatard of the mitigation site

Design pools as hydrologically interconnected

complexes

Use local inoculum to preserve genetic integrity

Use only small amounts of inoculum

Base success criteria on demonstrating that the plant

and animal populations are increasing over time

Manage for ecosystem function, not individual species

Page 13: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

Difficult to recreate all functions

www.vernalpools.org

California Vernal PoolsCalifornia Vernal Pools an ecosystem in peril

Page 14: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

An Environmentalist’s PerspectiveAn Environmentalist’s Perspective increase preservation ratios

Vernal pool (re)creation is an inexact pseudoscience and will remain so into

the foreseeable future. In the mean time we are losing natural vernal pools.

86,000 acres converted between 1997 and 2005

63% of those losses were unregulated

21,000 acres in some stage of the planning process in

Sacramento County alone

It just makes more common sense to preserve the real

thing instead of assuming that mitigation is adequate

Page 15: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Advantages of PreservationAdvantages of Preservation instead of in-kind mitigation

Takes a holistic, watershed approach to mitigation

Preserves full complement of ecosystem values

including critical upland matrix functions

Larger area-to-edge ratio helps maintain integrity

“No net loss” can be achieved through out-of-kind

(i.e. seasonal marsh) wetland buffers

Large-scale preservation of vernal pool landscapes in lieu of current in-kind,

“no net loss” mitigation provides numerous environmental advantages.

Page 16: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Disadvantages of PreservationDisadvantages of Preservation over the status quo

Large-scale preservation of vernal pool landscapes will also provide new

challenges for regulators, land use authorities, developers, planners,

environmentalists, and consultants.

Requires long-term and large-scale planning

Can be more expensive than on-site mitigation unless

third party preservation banks are available

Will result in the overall loss of some vernal pools and

the species that occupy them

Page 17: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

How much Preservation?How much Preservation? current vernal pool mitigation ratios

Vernal pools are typically subject to both U.S. Army Corps of Engineers and

U.S. Fish and Wildlife Service mitigation requirements. For “smaller projects

in fragmented or degraded habitat” the usual mitigation requirement is:

2:1 preservation of vernal pool wetted acres, and

1:1 (or greater) recreation to satisfy “no net loss”

These rations are being applied to very large projects

May result in the loss of 33% of all natural vernal pools

and indirect degradation of the remaining 67%

Page 18: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

Preservation Ratios Preservation Ratios how much more can we afford to lose?

2 : 1 3 : 1 4 : 1

10 : 1

The Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon (USFWS 2005) calls for protection of 85 or 95% of vernal pool habitat within numerous large core recovery units. That translates to 6.5:1 and 19:1.

Page 19: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

A Conservation StrategyA Conservation Strategy for California vernal pools

Given the current condition of only 87% remaining, and the speculative nature

of (re)creation, it is imperative to formulate a vernal pool mitigation and

preservation strategy that maximizes protection of the remaining vernal pool

landscapes in California. To achieve vernal pool conservation, we must strive

toward:

A comprehensive vernal pool classification system that

includes quantitative assessment of function and value

Knowledge and distribution of locally rare vernal pool

types and special status vernal pool endemic species

Page 20: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

www.vernalpools.org

A Conservation StrategyA Conservation Strategy for California vernal pools (continued)

An understanding of larger scale watershed function

and value with respect to vernal pool preservation areas

Increased knowledge of landscape-scale vernal pool

hydrology and how disruptions might impact long-term

ecosystem viability

What is the balance between the desire to preserve

wetlands and endangered species habitat with the need

to feed and house our growing population?

Page 21: Environmental Perspective Environmental Perspective on Creation and Restoration  Carol W. Witham, VernalPools.Org

VernalPools.OrgVernalPools.Org dedicated to saving California’s vernal pool landscapes

www.vernalpools.org

For additional information, contact:

Carol W. WithamVernalPools.Org

[email protected]