Crisisfor America’s Wetlands

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D U C K S U N L I M I T E D January/February 2008

n late January, the president of the United

States will summarize his views of how the

nation is doing in his annual State of the

Union address. He’ll also present some ideas for

actions that he thinks could improve things. But

he won’t be covering everything that’s important

to everyone in one short speech. So, Ducks

Unlimited thought it would be useful to the

nation’s duck hunters and others interested in

wetland conservation to provide a short “State

of the Wetlands” report.

In summary, the good news is that, at least until

recently, the overall state of the nation’s wetlands

had been improving. The bad news, however, is

that every year we are still losing more than

80,000 acres of wetlands that are important to

waterfowl and wildlife. The really bad news is

that wetland loss has likely accelerated, and we

are on the verge of having to watch wetlands

disappear from the landscape much more rapidly

unless we act now. Let’s take a closer look at

what’s going on with the nation’s wetlands.

Our nation’s wetlands face their greatest risk in 35 years, and federal legislation that would

protect them needs your support

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January/February 2008 D U C K S U N L I M I T E D

BY SCOTT YAICH, PH.D.

THE STATE OF AMERICA’S WETLANDSThe U.S. Fish and Wildlife Service (USFWS) has pub-

lished four periodic reports covering the status and trendsof wetlands in the United States over the last 50 years.When small, mostly artificial ponds are discounted, thesereports document ongoing and sometimes alarming wet-land loss. Between the 1950s and 1970s, for example, morethan a half-million acres of wetlands were being lost everyyear. By the mid-1980s, the nation had lost over half itsoriginal wetlands.

Fortunately for ducks, the rate of net wetland loss acrossthe nation slowed significantly over the last 30 years.

Important factors in reducing wetland losses included pas-sage of the Clean Water Act (CWA) in 1972, voluntary con-servation programs such as the Wetlands Reserve Program(WRP) and other Farm Bill conservation programs since1985, and the North American Wetlands Conservation Act(NAWCA) in 1989. The 1970s also heralded a greater aware-ness of the importance of conservation to everyone’s day-to-day interests, helping DU and other conservation orga-nizations grow and conserve wetlands at a faster rate.

The most recent USFWS report covering 1998 to 2004showed that wetland loss had slowed, but the nation wasstill losing over 80,000 acres annually. This is equivalent to

for America’s Wetlands

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losing a football field of wetlands everynine minutes. In total, the United Stateshas lost approximately 16.8 millionacres of wetlands since the mid-1950sand more than 2 million acres of vege-tated wetlands just since 1986.

WHAT WETLAND LOSS MEANSFOR DUCKS

Although everyone ought to be con-cerned about wetland loss, duckhunters should be particularly con-cerned about the nation’s wetlandtrends, because small vegetated marsh-es and wetlands that are most impor-tant to waterfowl, such as prairie pot-holes, have long suffered dispropor-tionate losses. The latest USFWS reporthighlighted prairie potholes, stating,“Eighty-five percent of all freshwaterwetland losses were wetlands less than5.0 acres. Fifty-two percent were wet-lands less than 1.0 acre.” This meansthat well over 50,000 pothole-size wet-lands were lost every year from 1998 to2004. Duck populations cannot affordthese continued losses, especially sinceabout two-thirds of the approximately20 million potholes that once existedare already gone.

About half the average total annualproduction of ducks comes from thePrairie Pothole Region (PPR). OneUSFWS analysis suggested that duck pro-duction in the PPR of the United Stateswould decline by 70 percent if all wet-lands less than one acre in size were lost.However, wetland losses far less than thiswould affect duck numbers and couldreduce waterfowl hunting seasons.

Wetland loss in already hard-hitmigration and wintering areas hasalso continued. For example, the U.S.Geological Survey reports that over 25square miles of Louisiana’s coast,among the most important waterfowlwintering habitat in North America, arelost annually. The Rainwater Basinregion of Nebraska is a key migrationarea, particularly in the spring, at timessupporting 50 percent of midcontinentmallards and 90 percent of midconti-

nent white-fronted geese. But, there arefewer than 400 basins remaining, lessthan 5 percent of those once present.

AN UNEXPECTED THREATTO WETLANDS

Although by the turn of the 21st cen-tury the nation had not halted the lossof wetlands most important to wildlife,the rate of loss had slowed substantially.Steady progress was being made, andthere was a sense that, with continued

Given the extent of wetland loss that has already occurredin many states, conserving remaining wetlands is moreimportant than ever for waterfowl populations.

In recent years, urban sprawl has replaced agriculture as the leading cause of wetlandloss in the United States. The wetland above was drained for a housing development.

RATES OF WETLAND LOSS IN THE CONTIGUOUS UNITED STATES(AS OF THE MID-1980s) Source: U.S. Fish and Wildlife Service

D U C K S U N L I M I T E D January/February 2008

CRISISfor America’s Wetlands

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support for programs such as WRP andNAWCA, we might finally turn the cor-ner and begin to add wetlands to thenation’s inventory. Then, in 2001, theU.S. Supreme Court delivered the first oftwo unexpected blows to the CWA, thefoundation of the nation’s system ofwetland protection since 1972. Theymade matters even worse with a seconddecision in 2006.

To summarize two confusing, splitdecisions, the Court essentially said: (1)exercising federal Clean Water Act juris-diction over a wetland required morethan showing that migratory birds usedthe wetland, and (2) there needed to besome significant ecological or hydro-

logical connection, direct or indirect,between wetlands and navigable watersto establish jurisdiction. The decisionscreated many more questions than theyanswered and confused the agenciesresponsible for administration of wet-lands protection (EnvironmentalProtection Agency and the U.S. ArmyCorps of Engineers) about which wet-lands and other waters should be pro-tected by the CWA. The two agenciessubsequently spent many months afterthe second ruling trying to interpret themeaning of the Court’s decisions andworking on new operating guidelines

for their staffs and for people needingpermits for work that affected wetlands.

There was a glimmer of hope in thatfive of the justices supported a positionthat would continue to offer strong wet-land protection, as Congress originallyintended in 1972, as long as there was asolid, scientific foundation for doing so.Unfortunately, they did so in three sepa-rate rulings that contributed to the con-fusion and challenges stemming fromthe rulings. Nevertheless, understandingthat virtually all wetlands and tributariescollectively have a significant effect ondownstream waters and the people whouse them or live near them, DU andother conservation groups remained

hopeful that the guidance being devel-oped by the agencies could restore someprotections that were removed in the2001 Supreme Court ruling.

However, the guidance that was finallyreleased in mid-2007 went the otherdirection. The agencies interpreted theCourt’s decisions in a way that removedmany millions of acres of wetlands fromCWA jurisdiction, leaving them unpro-tected from being drained and filled.Ironically, the process they establishednot only significantly weakened wet-land protections but also created hugedelays and backlogs in the permitting

January/February 2008 D U C K S U N L I M I T E D

WETLANDS, THE ECONOMY, ANDTHE PUBLIC GOOD

Wetlands do much more thanprovide habitat for waterfowl andother wildlife. They produce a diversearray of services such as floodwaterstorage, groundwater recharge, andwater quality protection and improve-ment. These tangible benefits ofwetland conservation provide valu-able economic benefits to everyone.For example:• Waterfowl hunting is a powerfuleconomic engine that depends onwetland conservation. In 2001,approximately 1.8 million waterfowlhunters spent almost $1 billion forhunting-related goods and services,generated a total economic outputof $2.3 billion, and supported21,415 jobs.• Nearly 20 million people watchedwaterfowl and shorebirds in 2001,with an economic output of $9.8 billion.• Coastal storm surges can bereduced by one foot for every 2.7miles of coastal wetlands. Coastalmarsh reduced Hurricane Andrew’sstorm surge by 4.4 to 6 feet,preventing flooding of homesand businesses.• Managed wetlands and other lowareas could store floodwater in theRed River Basin for an estimated $32to $37 per acre-foot. The same stor-age would cost $91 to $213 per acre-foot using structures such as damsand levees.• The Midwest Flood of 1993, thelargest flooding disaster in U.S.history before Hurricane Katrina,caused $16 billion in damage. It hasbeen estimated that restoring halfthe original wetlands in the upperMidwest, approximately 3 percentof the watershed, could have storedmuch of the 1993 floodwater.• To cost-effectively provide a high-quality water supply, New York Citychose a $250 million program toprotect up to 350,000 acres ofwetlands and riparian lands in itswatershed instead of constructingconventional water treatment plantsat a cost of $6 billion to $8 billion.

IN TOTAL, THE UNITED STATES HAS LOST APPROXIMATELY16.8 MILLION ACRES OF WETLANDS SINCE THE MID-

1950s AND MORE THAN 2 MILLION ACRES OF VEGETATEDWETLANDS JUST SINCE 1986.

Without public policies that conservewetlands, many duck populationscould decline to levels that can nolonger support hunting.

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process. This has created serious problems for landownersand developers who applied for permits for projects involv-ing filling of wetlands. The result was that no one washappy, and wetlands left unprotected began disappearingfrom the landscape, along with places for ducks to nest,migrate, and winter—and places for duck hunters to hunt.

A MORE SECURE FUTURE FOR WETLANDS The federal agencies’ interpretation of the Supreme Court rul-

ings has made it clear that passing legislation will be the onlyway to remedy the confusion and delays and restore protectionto the nation’s wetlands before many more thousands of acresare irretrievably lost. The CWA is the “safety net” for thenation’s wetlands, and restoring decades-old wetland protec-tions that the federal agencies have chosen to withdraw isessential to securing the future of waterfowl and waterfowlhunting.

The nation must also continue to provide strong supportfor important wetland- and waterfowl-friendly, science-basedprograms that farmers and other landowners use to voluntar-ily protect and restore wetlands across the landscape. WRPand NAWCA are two examples of programs that conservethousands of acres of wetlands every year and replace a por-tion of those that are lost. If the nation is ever to begin gain-ing wetlands, programs such as these will be pivotal.

Finally, the central element of Ducks Unlimited’s 70-year-oldconservation mission is to continue to work with farmers,

landowners, state and federal agencies, and countless otherpartners to protect and restore habitats important to waterfowlacross North America. The nation’s hunters and other water-fowl enthusiasts expect this of us, and we take the responsibil-ity seriously. But we know that this is a huge task, and power-ful forces have priorities that conflict with those of sportsmenand women. We also know that providing a more secure futurefor the nation’s wetlands and North America’s waterfowl pop-

D U C K S U N L I M I T E D January/February 2008

Waterfowl rely on a variety of wetlands from prairie potholes tocoastal marshes to seasonally flooded bottomland foreststhroughout their annual life cycle.

Rising commodity prices have made wetlands located onactively farmed landscapes vulnerable to drainage and conversion to crop production.

CRISISfor America’s Wetlands

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January/February 2008 D U C K S U N L I M I T E D

WETLAND CONSERVATION AT THE CROSSROADS: THE CLEAN WATER RESTORATION ACT

For waterfowlers, one of the most important pieces of legislation in decades isawaiting congressional action. The Clean Water Restoration Act (H.R. 2421 and S.1870) is critically needed to restore protection to wetlands such as prairie potholes,playa lakes, and rainwater basins that waterfowl populations depend on. This bill iscarefully designed to simply restore longstanding wetland protections that existedbefore 2001—no more, no less. To make it clear that the new legislation would notexpand federal authority beyond what has existed for decades, the bill explicitly main-tains the existing exemptions, such as for certain agriculture and forestry operations,which were included in the original CWA.

Duck hunters need the Clean Water Restoration Act to restore protection to prairiepotholes and at least 20 million acres of similar wetlands. One critical reason is thatalmost 40 percent of the breeding ducks in the Prairie Pothole Region of the Dakotasrely on small temporary and seasonal wetlands, many located in crop fields. Theserelatively easily drained and filled wetlands are at greatest risk, and as they are gradu-ally lost, the ability of the habitat to support huntable duck populations is lost withthem. Tens of millions of other wetland acres that ducks depend on for breeding,migration, and wintering across the United States are also at risk. These wetlandsalso provide places for people to see and hunt ducks, so wetland losses mean fewerhunting opportunities.

Without legislation to clearly restate that Congress originally intended for thesewetlands to be protected by the CWA, wetland loss across the country will unques-tionably accelerate. You can help by calling or writing your senators and congression-al representatives and telling them that you support restoring strong and clear federalwetland protections. Ask them to vote for the Clean Water Restoration Act. Also, visitwww.ducks.org regularly for related updates and action alerts.

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ulations requires hunters, anglers,wildlife watchers, and many others witha stake in these resources to get activelyinvolved. Just as the nation’s wetlandsare all linked in one way or another, sotoo is everyone who cares about theducks, other wildlife, fish, and themany other societal benefits that thenation’s wetlands provide to us all.

Dr. Scott Yaich is director of conser-vation operations at DU national head-quarters in Memphis.

With wetland loss accelerating,waterfowl, fish and humans needchampions now more than ever. Sothe question becomes, “Who will stepup for the wetlands that provide habi-tat for waterfowl and other fish andwildlife, provide our clean drinkingwater, and protect our homes andcommunities from floods?”

Will it be your Member ofCongress? Will they advocate for pot-holes, prairies, and flooded timber?What about clean water, healthy soil,and open spaces for hunting, fishing,or just enjoying the outdoors?

All of these are benefits of wetlands,and all of them are at risk unless wet-land protections are restored.

Your elected representatives, from thetown aldermen to your U.S. Senators, cantake a stand for wetland conservation bysupporting the Clean Water RestorationAct, legislation being discussed in the U.S.House and Senate. This legislation would

restore protection to literally tens of mil-lions of acres of wetlands that had theirClean Water Act protections taken awayby policy changes stemming from federalagency interpretations of two SupremeCourt cases. Have your Members ofCongress signed on to cosponsor this leg-islation? Have you let your elected repre-sentatives know how important protec-tion of the nation’s wetlands and watersupplies is to you and the outdoor activi-ties you love?

There are important and valuablefederal programs that add and protectwetlands on the landscape. For exam-ple, restoration projects undertakenthrough North American WetlandsConservation Act grants have con-served millions of acres of wetlandsand waterfowl habitat across the conti-nent. Each federal dollar spent onthese grants typically leveragesbetween $2 and $3 in partner funding,making it one of the most cost-effec-

tive conservation programs in history.There are also Farm Bill conservationprograms like the Wetlands ReserveProgram and the Conservation ReserveProgram that have conserved morethan 43 million acres of wetlands andother habitats. Yet, in spite of thesewetland conservation gains, thenation continues to lose wetlandsfaster than it conserves them. It hasbecome clear that the future of thenation’s wetlands and waterfowlresources cannot be sustained withoutrestoring the Clean Water Act protec-tions that were in place for over 30years before the recent policy decisionsstripped them away.

Are your Members of Congressdoing all they can to stand up forclean water? Are they co-sponsorsof the Clean Water Restoration Act?To find out, call (202) 224-3121 andask to speak to your Member ofCongress’ offices.

Who Will Step Up for Wetlands?

0192 CNGA

For more information contact:

Ducks Unlimited National Headquarters901.758.3874

syaich@ducks.org

Ducks Unlimited Governmental Affairs Office202.347.1530

nshader@ducks.org

www.ducks.org