spring 2009 delaware audubon society newsletter

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 Delaware   Audubon  www.delawarea udubon.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 Del aware Audubon. “It is clear that thi s Refuge Manager had abdicated contr ol 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 re fuge 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 genetic ally 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. P h  o  t   o  © 2  0  0  6 i   c h  e i  n  e r 

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Page 1: Spring 2009 Delaware Audubon Society Newsletter

8/9/2019 Spring 2009 Delaware Audubon Society Newsletter

http://slidepdf.com/reader/full/spring-2009-delaware-audubon-society-newsletter 1/4

 

Delaware  Audubon  www.delawareaudubon.org Vol. XXXI No. 1 • Spri

Lawsuit Ends Cooperative Farming Agreements

at Prime Hook National Wildlife RefugeFarming 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, aswell as the planting of genetically engineered (GE) cropson its Prime Hook National Wildlife Refuge in Delaware.While the ruling is limited to Prime Hook, the lawsuit mayserve as a model for similar litigation at more than 80other national wildlife refuges now growing GE crops.

Filed in April 2006 by the Mid-Atlantic Environmental LawCenter on behalf of the Delaware Audubon Society, PublicEmployees for Environmental Responsibility (PEER) andthe Center for Food Safety, the federal suit charged thatthe Fish & Wildlife Service had illegally entered intoCooperative Farming Agreements with private parties,

allowing hundreds of acres to be plowed over without required environmental review and contrary to the Service’s ownpolicy 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 NicholasDiPasquale, Conservation Chair for Delaware Audubon. “It is clear that this Refuge Manager had abdicated control ovefarming operations at Prime Hook just as it is also clear that farming practices have been extremely destructive to theforested uplands at the refuge.” 

Cooperative farming at the Prime Hook NWR resulted in damage to the biological integrity and environmental health ofthe 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, aformer long-time refuge manager who now directs the PEER refuge program. “Genetically modified crops serve nolegitimate 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 nationarefuge system is designed to protect. Scientists also warn the use of genetically engineered crops can lead to increasedpesticide 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 theNational Wildlife Refuge System Administration Act and environmental assessments required by the NationaEnvironmental Policy Act have been completed.

  “The Court’s decision is clearly a victory in the public interest, an unambiguous statement on governmenmismanagement, and an indictment against the use of public resources for private economic gain,” said DiPasquale.

Page 2: Spring 2009 Delaware Audubon Society Newsletter

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 FROM THE PRESIDENT 

It’s time for a little reminiscing, folks. I have had the honorof sorting and archiving our historical records as we movedthem 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 thisgroup 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, LeslieSavage, Asha Iyengar, Matt DelPizzo, Bob Davis, Andy Urquhart, Peggy and FredJahn, 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 toestablish 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 historyof the achievements of our organization will be able to access this information on

our website, at www.delawareaudubon.org .

I must also thank the late, great Grace Pierce-Beck. In rummaging throughthese 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 A UDUBON NEWSLETTER IS PUBLISHED

QUARTERLY BY THE DELAWARE A UDUBON SOCIETY . 

DESIGN & L  AYOUT...........................................S TEVEN BREUKELMAN 

PRINTING .........................................S PRINT QUALITY PRINTING, INC.

The Delaware Audubon Society, incorporated

in 1977, is a statewide chapter of the National

 Audubon Society.

Printed on recycled paper.

TELEPHONE:

302.292.3970

M AILING A DDRESS:

Delaware Audubon Society 

56 W. Main Street, Suite 212 B

Christiana, DE 19702-1500

EMAIL  A DDRESS:

[email protected]

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. 

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 Delaware River Main Channel

Deepening Project Update

On April 6, 2009, the Army Corps of Engineers released anEnvironmental Assessment report asserting that no newenvironmental studies were required by law for the proposalto deepen the Delaware River’s main navigation channel.

The public notice announcing the release provides noopportunity for public review or comment, nor does it solicitinput from other state and federal environmental agenciesthat have legal obligations to review the project. The publicnotice can be found at:

www.nap.usace.army.mil/cenap-pa/news.htm#public 

The New Jersey Coastal Zone Consistency determinationissued in 1997 for the Project was revoked by letter datedSeptember 30, 2002, from then NJDEP Commissioner BradleyCampbell. This determination of revocation was based upona 5-year lapse of time since issuance, the significant amountof new economic and environmental information that hadbeen received on the project, and changes to the Project. In

addition, according to New Jersey, the Clean Water ActSection 401 certification it issued for the project expired onits own terms in 2002.

Delaware has yet to issue a State Subaqueous Lands andWetlands Permit needed for the Project to move forward.The Army Corps submitted an application to DNREC seekinga subaqueous lands and wetlands permit and water qualitycertification for the project in January 2001. In December,2003 the administrative hearing officer issued a report to theSecretary of DNREC recommending the Secretary deny theCorps’ permit application, finding that the Army Corps failedto provide “sufficient and necessary information to meet theregulatory burden to obtain a permit under the authority of 

Chapter 66, as potential adverse effects have not beenproven to be minimized.” (Hearing Officer’s Report, p. 58).

On December 15, Delaware Audubon, the DelawareRiverkeeper, Delaware Riverkeeper Network, and DelawareNature Society filed a Petition for a Writ of Mandamus,asking the Superior Court, New Castle County, to forceDelaware’s Secretary of the Department of Natural Resourcesand Environmental Control to issue a decision regarding thesubaqueous lands and wetlands permit and water qualitycertification application for the proposed Delaware RiverDeepening project. This action is still pending in the court.

The deepening proposal would take the Delaware River’smain navigation channel from 40 to 45 feet for a distance of 

102 miles. The project has been twice considered by theGovernment Accountability Office and found not to beeconomically justified.  

This article was adapted from the Delaware Riverkeeper. 

 Volunteers Still Needed for

Breeding Bird Atlas Survey 

  Volunteers are sought to join in the second year of anexciting five-year effort to explore and document the widerange of bird species that breed in Delaware. Data collectedfrom 2008 to 2012 will be compiled into the Second  

Delaware Breeding Bird Atlas, a valuable reference forconservationists, biologists, birders, educators, students andanyone interested in Delaware’s avian inhabitants.

  “This project provides a great opportunity for birders,researchers, nature enthusiasts and students of all ages andskill levels to participate in a large-scale survey project andmake a significant contribution to the study of Delaware’savian populations,” said Anthony Gonzon, atlas projectcoordinator. “We welcome advanced and experiencedbirders as well as eager and willing novices.” 

Beginning early in 2008, volunteers have been offeredtraining 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 intoblocks, each spanning about 10 square miles. Blocks aregrouped into six regions, each with a regional coordinator towork 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 theirobservations into four categories: observed, possible,probable, and confirmed.  Atlasers will learn how to identifyand confirm the breeding of birds and about their habitatsand how they might be impacted by current landscapechange 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 thedata 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 andprotect our state’s avian population for the future, includingour species of special conservation concern,” Gonzon said.

The completed atlas will include species-specific summariesof the breeding histories of Delaware birds, detaileddistribution maps for all bird species breeding in Delaware,analyses of changes since the first atlas and conservationrecommendations. It will be published and available bothelectronically and conventionally on paper.

The Division of Fish & Wildlife is the primary sponsor of theSecond Delaware Breeding Bird Atlas, which has beenawarded federal and state grant funding. The Division’sconservation partners interested in assisting with the projectto date include Delaware Audubon, Delmarva OrnithologicalSociety, 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 AnthonyGonzon at 653-2880. 

I N 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. 

Page 4: Spring 2009 Delaware Audubon Society Newsletter

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  Nonprofit OrganizationU.S. Postage

PAIDPermit # 428

Wilmington, DE

UPCOMING E VENTS:Sunday, May 3rd Tri-State Bird Rescue & Research

 Annual Open House

10:00 am – 3:00 pmThis is a once-a-year opportunity to tour the Tri-State facility.Learn what they do, enjoy kid-friendly activities, visitexhibitors, and grab a bite to eat.

Saturday, May 23rd 

 Annual Horseshoe Crab and Shorebird FestivalDowntown Milton and Prime Hook National Wildlife Refuge

10:00 am – 4:00 pmCome see us at the Delaware Audubon booth (in MiltonMemorial Park). 

JOINDELAWAREAUDUBONNOW!

INTRODUCTORY MEMBERSHIP OFFERFor $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 SocietySend this application and your check to:

Delaware Audubon Society56 W. Main St., Suite 212B, Christiana, DE 19702

C9ZD900Z 

FREE L ECTURE:

Impacts of Climate Change onthe Mid-Atlantic Region

Wednesday, April 29 – 7:00 pm

Limestone Presbyterian Church3201 Limestone RoadWilmington, DE 19808

Speaker:Dr. Peter Schultz

Director, US Climate ChangeScience Program Office

Dr. Schultz oversees and coordinates the work of thirteen federal agencies working on variousresearch aspects of climate change and theirimpacts on the United States. Peter is looking

for feedback on what kinds of information policy

makers and others want in order to planeffectively 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

Delaware Audubon56 W. Main Street, Suite 212 B Christiana, DE 19702-1500