Microbeads and Food Chains

NavalLiaison ...... Senate of Virginia Senate of Virginia ...... VIRGINIA . . . Maryland State Senate Maryland State Senate . . . Senate of Pennsylvania Senate of Pennsylvania ...... Virginia House of Delegates Virginia House of Delegates Virginia House of Delegates ...... Maryland House of Delegates Maryland House of Delegates Maryland House of Delegates ...... DELEGATE DELEGATE SCOTT LINGAMFELTER VICE-CHAIR ...... Virginia Citizen Representative ...... Maryland Representative Citizen ...... PennsylvaniaRepresentative Citizen ...... Pennsylvania Representatives of House Pennsylvania Representatives of House Pennsylvania Representatives of House ......

. . . Secretary of Natural Resources, Virginia ......

Secretary of Natural Resources, Maryland ...... Secretary of Environmental Protection, Pennsylvania

......

...... PENNSYLVANIA ...... REPRESENTATIVE GARTH EVERETT GARTH REPRESENTATIVE VICE-CHAIR ......

MARYLAND address the Chesapeake Bay’s management challenges, relying on a careful scientific understanding of the Bay’s restoration needs to overcome differences of party, background hroughout the Commission’s 35-year history, its members have worked in partnership to SENATOR SENATOR “MAC” MIDDLETON CHAIRMAN A BROAD PERSPECTIVE ❖ Members of the Executive Committee Rear Admiral John C. Scorby, Jr. The Hon. Gene Yaw The Hon. Molly Ward ❖ The Hon. Frank Wagner W. The Hon. Margaret B. Ransone The Hon. John H. Quigley The Hon. Maggie McIntosh The Hon. Emmett Jr. Hanger, W. The Hon. Keith Gillespie The Hon. Bernie Fowler The Hon. John Reynolds J. The Hon. Nancy King J. The Hon. Tawanna P. Gaines❖ The Hon. Tawanna P. The Hon. Barbara A. Frush The Hon. P. Michael❖ The Sturla Hon. P. The Hon. David L. Bulova The Hon. Mark Belton J. The Hon. Richard L. Alloway II ❖ The Hon. L. Scott Lingamfelter, Vice-Chair ❖ The Hon. Garth Everett, D. Vice-Chair 2016 MEMBERS 2016 ❖ The Hon. Thomas McLain “Mac” Middleton, Chairman and culture in their home districts. This multi-disciplinary policy perspective and statesmanship areamong the Commission’s greatest strengths. The Hon. Warren G. Elliott CHESAPEAKE BAY COMMISSION 2015 POLICY FOR THE BAY

Twenty-one members (seven each from Maryland, Pennsylvania and Virginia) define the and Virginia) Maryland, Pennsylvania each from (seven members Twenty-one

The Commission’s targeted geographic focus on Maryland, Pennsylvania and Virginia and Virginia on Maryland, Pennsylvania focus geographic targeted The Commission’s TRANSLATING SCIENCE INTO POLICY INTO SCIENCE TRANSLATING cultivated in an atmosphere of bi-partisanship. in an atmosphere cultivated unique perspective, knowledge and expertise, representing a diverse range of interests of interests range a diverse representing expertise, and knowledge unique perspective, three are citizen representatives. Each Commission member contributes his or her own his or her own member contributes Each Commission representatives. citizen are three from both chambers, three are cabinet-level secretaries representing their governors, and their governors, representing secretaries cabinet-level are three both chambers, from Commission’s identity and determine its priorities. Fifteen members are state legislators legislators state are members Fifteen priorities. its and determine identity Commission’s complex ecological, social and economic concerns that challenge the Bay’s future. future. the Bay’s that challenge concerns social and economic ecological, complex role, predicated on sound science, raises the bar for legislative leadership by balancing the by leadership legislative the bar for raises science, on sound predicated role, secure passage of laws and policies within and across the states. This essential policy the states. and policies within and across passage of laws secure Commission members, with the assistance of staff in each state, craft, coordinate and coordinate craft, in each state, staff of with the assistance members, Commission contribute nearly 90 percent of the nitrogen and phosphorus pollution flowing to the Bay. the Bay. to and phosphorus pollution flowing of the nitrogen 90 percent nearly contribute recognizes that these states constitute over 80 percent of the watershed’s land and of the watershed’s 80 percent over constitute that these states recognizes protection. protection. the Chesapeake Bay and advancing state and federal policies to ensure the watershed’s the watershed’s ensure policies to and federal state and advancing Bay the Chesapeake watershed. The Commission serves as a crucial link between understanding the science of the science understanding between as a crucial link serves Commission The watershed. sources, land uses and other human impacts that threaten the health of the Bay and its and its of the Bay the health that threaten impacts land uses and other human sources,

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Chesapeake Bay Commission Policy for the Bay , virginica Crassostrea Oyster, Eastern he native Bay’s in the Chesapeake role a pivotal plays of millions of gallons filtering by ecosystem Oysters provide a valuable “clean up” service. “clean a valuable provide Oysters by decimated nearly being after Thankfully, another emerges. is answered, As one question OYSTERS AND RESTORATION AND OYSTERS THE SCIENCE HEADQUARTERS AND MARYLAND OFFICE MARYLAND AND HEADQUARTERS OFFICE VIRGINIA PENNSYLVANIA OFFICE PRINTED ON RECYCLED PAPER RECYCLED ON PRINTED HARP DAVE © CREEK MARSHY ON NIGHT STARRY PHOTO: COVER water, providing important habitat for crabs, fish and crabs, for habitat important providing water, and serving as a pillar of the Bay’s benthic organisms, health. economic and stormwater wastewater, from nutrients Excess zone,” “dead the Bay’s broadened have agriculture and sediment algae filter Oysters killing marine life. gas harmless a relatively to nitrogen and convert clearer cleaner, providing denitrification, through can of oysters that an acre report Scientists water. the highest a year, 3,000 pounds of nitrogen remove of any animal anywhere. rate denitrification and sedimentation, quality, disease, poor water are oysters Bay’s the Chesapeake overharvesting, a is due to This resurgence making a comeback. oysters breeding selectively approach: four-pronged to resistant more and are rapidly more that grow through aquaculture oyster pathogens; encouraging and loans low-interest permitting, streamlined more funds and state support; securing federal technical and projects; restoration large-scale complete to in oyster groups nonprofit and citizens engaging local gardening. addressing now are managers fisheries and Scientists of protection between of balance question a critical population so that a disease-resistant areas restored and harvesting the future, for and propagate grow can and economic infrastructure an industry’s maintain to will the policy. so too advances, base. As the science 60 West Street, Suite 406 Annapolis, MD 21401 410-263-3420 General Assembly Building 201 N. 9th Street, Room 270 Richmond, 23219 VA 804-786-4849 c/o Senate of Pennsylvania Room G-05 North Office Building Harrisburg, 17120 PA 717-772-3651 www.chesbay.us Ann Pesiri Swanson, Executive Director [email protected] Bevin Buchheister, Maryland Director [email protected] Jennings,Ann F. Virginia Director [email protected] Marel King, Pennsylvania Director [email protected] Administrative Officer Donnelly, Jennifer [email protected] T SETTING TANKS PRODUCE SPAT ON SHELL FOR RESEARCH,FOR SHELL ON SETTINGRESTORATION SPAT PRODUCE TANKS AND EDUCATION THE COMMISSION IN ACTION 2015 MICROBEADS AND FOOD CHAINS

DAVE HARP DAVE THE SCIENCE THE POLICY

DAVE HARP DAVE icrobeads are tiny particles of plastics — n 2015, Maryland Delegate Barbara Frush and her polyethylene, polypropylene, and polystyrene Commission colleagues successfully strengthened M— used as abrasives in hundreds of personal Ilegislation banning the manufacture and sale care products including soap, body wash, cosmetics of microbeads in personal care products. Virginia and toothpaste. Typically less than a millimeter in Commission member Delegate David Bulova diameter, billions of microbeads easily pass through introduced a bill prohibiting the sale of certain wastewater treatment plants. Those that are captured microbead-containing products. Pennsylvania accumulate in biosolids and can run off in surface Commission members Senator Richard Alloway, water after they are applied to land. Regardless of Senator Gene Yaw and Representative Keith the pathway, these substances are a growing source Gillespie are also sponsoring legislation to restrict of water pollution. Unlike other microplastics, such microbead use. as those resulting from the degradation of plastic This multi-state effort helped influence the 114th bottles, bags and other litter, microbeads are U.S. Congress to ban microbeads in certain skin FOR 25 YEARS, RETIRED SEN. BERNIE FOWLER HAS WADED INTO THE PATUXENT RIVER EACH MARYLAND DEL. TAWANNA GAINES BRINGS UNDERSTANDING MARYLAND DEL. BARBARA FRUSH, CITIZEN REPRESENTATIVES WARREN ELLIOTT (PA.) AND JOHN REYNOLDS (VA.), designed to be washed down the drain and end up in care products nationwide. Signed by the President

YEAR TO MEASURE WATER CLARITY. FOWLER IS THE MARYLAND CITIZEN REPRESENTATIVE PROGRAM BAY CHESAPEAKE OF APPROPRIATIONS TO HER WORK WITH THE COMMISSION PENNSYLVANIA DIR. MAREL KING AND NAVY CAPT. PAT RIOS COMPARE STORMWATER CONTROL OPTIONS the water. in December, the Microbead-Free Waters Act will Small enough to be ingested by aquatic filter phase out their manufacture and use starting in 2017. feeders and bottom scavengers, microbeads have Although a significant step forward, the Act narrowly DAVE HARP DAVE been found in the guts of mussels and crabs, as applies to “rinse-off cosmetics” and toothpaste, VIRGINIA FOREVER VIRGINIA well as the fish and birds that eat them. Microbeads leaving room for Commission members to pursue cause harmful inflammation and blockages in the action on other personal care products. digestive tracts of living organisms, and can adsorb The Commission called on the Bay Program’s toxins, passing them to higher levels of the food Scientific and Technical Advisory Committee to chain, causing liver toxicity and disrupting endocrine convene experts and compile research findings on the systems. They can persist in the environment for fate, transport, and environmental risk of the breadth decades. of microplastic products and the cost of their removal The best solution to microbead pollution is to from drinking water and wastewater. A report of the reduce or eliminate the source. A number of major Committee is expected in early 2016. manufacturers are responding to scientific evidence As a signatory to the 2014 Chesapeake Bay and public pressure and have agreed to replace Watershed Agreement, the Commission championed microbeads with biodegradable plastics or natural the goal of ensuring that “the Bay and its rivers alternatives such as pumice, apricot kernels or are free of effects of toxic contaminants on living VIRGINIA SEN. EMMETT HANGER PRESENTS PENNSYLVANIA SEN. RICH ALLOWAY (THIRD FROM RIGHT) ORGANIZED 200 VOLUNTEERS TO PLANT 1,147 TREES THROUGHOUT SOUTH KEYNOTE ADDRESS AT VIRGINIA FOREVER’S walnut husks, sea salt, or oatmeal. However, not all resources and human health” and will continue to MEMBERS CONSIDER DATA SHOWING SOME RIVERS IMPROVING BUT OTHERS DEGRADING CENTRAL PENNSYLVANIA ANNUAL MEETING manufacturers are following suit, making additional play a leadership role on microplastics and other state and federal action necessary. emerging contaminants. PENNSYLVANIA REP. MIKE STURLA, EXECUTIVE DIRECTOR ANN SWANSON, VIRGINIA DEL. SCOTT LINGAMFELTER AND MARYLAND DEL. MAGGIE M cINTOSH MODEL “LEAST-COST” OPTIONS TO REDUCE POLLUTION DAVE HARP DAVE HARP DAVE MANY PERSONAL CARE PRODUCTS MICROBEADS ARE VISIBLE IN THE GUT OF A MARINE WORM CONTAIN MICROBEADS

GEOLOGIST ROBERT WALTER POINTS OUT DELETERIOUS EFFECTS OF HISTORIC MARYLAND’S DNR SECRETARY MARK BELTON AND MILL DAMS TO PENNSYLVANIA REPS. KEITH GILLESPIE AND MIKE STURLA AND SEN. NANCY KING LEARN THE IMPORTANCE OF

AGRICULTURE SECRETARY RUSSELL REDDING HARP DAVE FISHERIES STOCK ASSESSMENTS 2015 COMMISSION CHAIRMAN SCOTT LINGAMFELTER DAVE HARP DAVE CCRM/VIMS 5 GYRES 5 THE COMMISSION IN ACTION 2015 MICROBEADS AND FOOD CHAINS

DAVE HARP DAVE THE SCIENCE THE POLICY

AGRICULTURE SECRETARY RUSSELL REDDING HARP DAVE FISHERIES STOCK ASSESSMENTS 2015 COMMISSION CHAIRMAN SCOTT LINGAMFELTER DAVE HARP DAVE CCRM/VIMS 5 GYRES 5 A BROAD PERSPECTIVE

HEADQUARTERS AND MARYLAND OFFICE MARYLAND PENNSYLVANIA VIRGINIA 60 West Street, Suite 406 Annapolis, MD 21401 410-263-3420

VIRGINIA OFFICE General Assembly Building 201 N. 9th Street, Room 270 Richmond, VA 23219 804-786-4849

PENNSYLVANIA OFFICE SENATOR “MAC” MIDDLETON REPRESENTATIVE GARTH EVERETT DELEGATE SCOTT LINGAMFELTER c/o Senate of Pennsylvania CHAIRMAN VICE-CHAIR VICE-CHAIR Room G-05 North Office Building Harrisburg, PA 17120 hroughout the Commission’s 35-year history, its members have worked in partnership to 717-772-3651 address the Chesapeake Bay’s management challenges, relying on a careful scientific understanding of the Bay’s restoration needs to overcome differences of party, background www.chesbay.us and culture in their home districts. This multi-disciplinary policy perspective and statesmanship are among the Commission’s greatest strengths. Ann Pesiri Swanson, Executive Director [email protected] 2016 MEMBERS Bevin Buchheister, Maryland Director [email protected] ❖ The Hon. Thomas McLain “Mac” Middleton, Chairman ...... Maryland State Senate ❖ The Hon. Garth D. Everett, Vice-Chair ...... Pennsylvania House of Representatives Ann F. Jennings, Virginia Director ❖ The Hon. L. Scott Lingamfelter, Vice-Chair ...... Virginia House of Delegates [email protected] The Hon. Richard L. Alloway II ...... Senate of Pennsylvania Marel King, Pennsylvania Director The Hon. Mark J. Belton...... Secretary of Natural Resources, Maryland [email protected] The Hon. David L. Bulova ...... Virginia House of Delegates The Hon. G. Warren Elliott ...... Pennsylvania Citizen Representative Jennifer Donnelly, Administrative Officer The Hon. Bernie Fowler ...... Maryland Citizen Representative [email protected] The Hon. Barbara A. Frush ...... Maryland House of Delegates ❖ The Hon. Tawanna P. Gaines ...... Maryland House of Delegates The Hon. Keith Gillespie ...... Pennsylvania House of Representatives

PRINTED ON RECYCLED PAPER The Hon. Emmett W. Hanger, Jr...... Senate of Virginia

COVER PHOTO: STARRY NIGHT ON MARSHY CREEK © DAVE HARP The Hon. Nancy J. King ...... Maryland State Senate The Hon. Maggie McIntosh ...... Maryland House of Delegates The Hon. John H. Quigley ...... Secretary of Environmental Protection, Pennsylvania The Hon. Margaret B. Ransone ...... Virginia House of Delegates The Hon. John J. Reynolds ...... Virginia Citizen Representative ❖ The Hon. P. Michael Sturla ...... Pennsylvania House of Representatives ❖ The Hon. Frank W. Wagner ...... Senate of Virginia The Hon. Molly Ward ...... Secretary of Natural Resources, Virginia Chesapeake Bay Commission The Hon. Gene Yaw ...... Senate of Pennsylvania Policy for the Bay Rear Admiral John C. Scorby, Jr...... Naval Liaison

❖ Members of the Executive Committee CHESAPEAKE BAY COMMISSION 2015 POLICY FOR THE BAY

Twenty-one members (seven each from Maryland, Pennsylvania and Virginia) define the and Virginia) Maryland, Pennsylvania each from (seven members Twenty-one

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RESEARCHERS DOCUMENT AN ABUNDANCE OF RESTOREDON FISH OYSTER REEFS UMCES HORN POINT HATCHERY POINT HORN UMCES Watershed Watershed Bay signing the 2014 Chesapeake ince Commission Bay the Chesapeake Agreement, of Maryland the work and Virginia has supported Many of these efforts are based on a 2009 are Many of these efforts Delegate Virginia Chair, In 2015, the Commission carried legislation complements This success THE POLICY to restore oysters to ten tributaries by 2025. Both by tributaries ten to oysters restore to partners, and non-profit with federal working states, increasing fishery, oyster wild managing the are and bar habitat, oyster rehabilitating aquaculture, sanctuaries. oyster creating Impact Statement Environmental Programmatic and involved complete to six years (EIS) which took of Engineers. Army Corp and the Maryland, Virginia species a non-native at introducing looked The study a path to led the research ultimately the Bay; into using native oysters the Bay’s restore that would secure helped to populations. The Commission policy and subsequent state the EIS funding for industry. the aquaculture changes that advanced championed legislation Lingamfelter, Scott Marine Resource the Virginia strengthen to establishing authority, enforcement Commission’s of fishing and loss revocations, license civil penalties, larceny. oyster those committing for privileges address to members Commission by in prior years thereby sites, restoration poaching on oyster seeding in oyster public investment the protecting Commission sustainability, promote To programs. sponsored also in Maryland and Virginia members watermen, by requested legislation, complementary fund planting to inspection tax the oyster increase to in the bottom seed and shell on working of oyster River. Potomac S , virginica Crassostrea Oyster, Eastern he native Bay’s in the Chesapeake role a pivotal plays of millions of gallons filtering by ecosystem Oysters provide a valuable “clean up” service. “clean a valuable provide Oysters by decimated nearly being after Thankfully, another emerges. is answered, As one question OYSTERS AND RESTORATION AND OYSTERS THE SCIENCE water, providing important habitat for crabs, fish and crabs, for habitat important providing water, and serving as a pillar of the Bay’s benthic organisms, health. economic and stormwater wastewater, from nutrients Excess zone,” “dead the Bay’s broadened have agriculture and sediment algae filter Oysters killing marine life. gas harmless a relatively to nitrogen and convert clearer cleaner, providing denitrification, through can of oysters that an acre report Scientists water. the highest a year, 3,000 pounds of nitrogen remove of any animal anywhere. rate denitrification and sedimentation, quality, disease, poor water are oysters Bay’s the Chesapeake overharvesting, a is due to This resurgence making a comeback. oysters breeding selectively approach: four-pronged to resistant more and are rapidly more that grow through aquaculture oyster pathogens; encouraging and loans low-interest permitting, streamlined more funds and state support; securing federal technical and projects; restoration large-scale complete to in oyster groups nonprofit and citizens engaging local gardening. addressing now are managers fisheries and Scientists of protection between of balance question a critical population so that a disease-resistant areas restored and harvesting the future, for and propagate grow can and economic infrastructure an industry’s maintain to will the policy. so too advances, base. As the science T SETTING TANKS PRODUCE SPAT ON SHELL FOR RESEARCH,FOR SHELL ON SETTINGRESTORATION SPAT PRODUCE TANKS AND EDUCATION LIVESTOCK AND STREAMS PHOSPHORUS AND SOILS

THE SCIENCE THE POLICY THE SCIENCE THE POLICY

aryland, Virginia and Pennsylvania are home n May 2015 the Commission released a report hosphorus is essential for plant growth, s the scientific understanding of phosphorus to 3.5 million hoofed animals, including dairy titled “Healthy Livestock, Healthy Streams,” important to cell division and development of new has evolved, state-specific management tools Mand beef cattle, pigs, horses, sheep and goats. Ihighlighting the impacts of livestock pollution and Ptissue. When farmers use commercial fertilizer, Ahave improved. In June 2015, Maryland adopted Animal production in the three states has advanced recommending simple policy solutions. Its findings phosphorus can be applied precisely at the rate and a new phosphorus index called the Phosphorus dramatically over the last century, yet the tradition of were shared with state and federal lawmakers, time appropriate for the crop. But when litter or Management Tool (PMT). Senator Mac Middleton and watering livestock in streams persists. agency heads and Bay manure is used, phosphorus is often over-applied Delegate Maggie McIntosh assisted in Maryland’s Unimpeded, livestock defecate in streams and Program partners in a series because of the manure’s variability in nutrient PMT implementation efforts by convening critical trample river banks and bottoms. This destroys of briefings and featured content and rate of release. stakeholders and advocating for alternative uses of natural vegetation and aquatic habitat, increases presentations. Phosphorus binds to soil particles, reducing its manure that would minimize the economic impact of water temperature and releases large amounts Based on the findings, mobility, but that binding capacity is finite. After the tool’s adoption. of sediment, nutrients and bacteria that foul local the Commission will seek many years of phosphorus over-application, the soil The Virginia and Pennsylvania PIs have not been waters and contribute to the impairment of the opportunities in the next becomes saturated. Additional phosphorus, unable recently updated to address phosphorus saturation. Chesapeake Bay. Diseases such as mastitis, which Farm Bill to enhance to bind to the soil, is transported through surface and In an effort to educate policymakers on the status of can reduce milk production, are transmitted in the U.S. Department of ground water and becomes a source of pollution to phosphorus management, the Commission released streams polluted with livestock waste, and muddy Agriculture’s Environmental local streams and the Chesapeake Bay. a white paper comparing stream areas make animals prone to leg injuries. Quality Incentives Program Phosphorus saturation has contributed to the the defining features of each Nevertheless, only 20 to 40 percent of the Bay’s and Conservation Reserve increase in phosphorus loads to the Bay over the member state’s assessment livestock areas exclude animals from streams, far Enhancement Program, two significant sources of past ten years, despite an 8 percent reduction tool. The Commission is using short of the commitments made by Pennsylvania, stream exclusion and riparian buffer support. in nitrogen over the same period. Fortunately, the report to inform policy Maryland and Virginia in their Watershed In Pennsylvania, the report prompted the phosphorus saturation can be reversed. Successive leaders as they work with Implementation Plans, which rely on this practice to Commonwealth to submit an $8 million proposal seasons of growing crops without further phosphorus academic experts to reduce achieve 14 percent of the phosphorus and 20 percent to USDA’s Regional Conservation Partnership application will, over time, reduce phosphorus levels the impact of phosphorus of the sediment reductions needed to meet the Program. The Commission facilitated the proposal’s in the soil. pollution on the Bay. Chesapeake Bay Total Maximum Daily Load. development, bringing together 14 partners who Several field-level management tools, known as The report makes clear At a minimum, livestock exclusion practices would provide the 50 percent match needed to “phosphorus indexes” (PIs) have been developed that any policies to reduce the include off-stream watering areas and hardened saturate three small watersheds with livestock by land grant universities to assess the source, risk of phosphorus loss from stream crossings. Adding a fence can reduce four to exclusion. While not selected, efforts to secure transport, and application of manure and fertilizer manure and litter must also consider the viability five times more pollution. Several Virginia studies federal funding are ongoing. to guide farmers’ use of phosphorus. The tools of manure management options, such as transport, showed that fenced livestock exclusion caused In Virginia, the Agricultural Cost-Share Program, evaluate a combination of soil tests, management storage, and uses other than land application. bacteria levels to drop more than 100-fold in one year, which covered up to 100 percent of stream practices, environmental conditions, and hydrologic In Pennsylvania, Commission staff shared and that fencing paired with alternative water sources exclusion costs, quickly outpaced available funding. (water transport) characteristics, score the risk its expertise on legislation to promote the use reduced stream bank erosion by 77 percent and Commission members are working to appropriate the of phosphorus loss, and recommend specific of manure-to-energy technology, a promising phosphorus loading by 81 percent. dollars needed to meet farmer demand. phosphorus applications to crops. alternative to land application of manure.

BEFORE LIVESTOCK EXCLUSION: AFTER ONE YEAR OF LIVESTOCK EXCLUSION: WATERING DEVICES ATTRACT LIVESTOCK A HEALTHY SOIL CLOD CAREFUL MANURE APPLICATION IS NEEDED ON SLOPING FIELDS 3,850 BACTERIA COLONIES 25 BACTERIA COLONIES AWAY FROM STREAMS BOBBY WHITESCARVER (ALL THREE PHOTOS) THREE (ALL WHITESCARVER BOBBY PHOTOS) (BOTH PROGRAM BAY CHESAPEAKE LIVESTOCK AND STREAMS PHOSPHORUS AND SOILS

THE SCIENCE THE POLICY THE SCIENCE THE POLICY aryland, Virginia and Pennsylvania are home n May 2015 the Commission released a report hosphorus is essential for plant growth, s the scientific understanding of phosphorus to 3.5 million hoofed animals, including dairy titled “Healthy Livestock, Healthy Streams,” important to cell division and development of new has evolved, state-specific management tools Mand beef cattle, pigs, horses, sheep and goats. Ihighlighting the impacts of livestock pollution and Ptissue. When farmers use commercial fertilizer, Ahave improved. In June 2015, Maryland adopted Animal production in the three states has advanced recommending simple policy solutions. Its findings phosphorus can be applied precisely at the rate and a new phosphorus index called the Phosphorus dramatically over the last century, yet the tradition of were shared with state and federal lawmakers, time appropriate for the crop. But when litter or Management Tool (PMT). Senator Mac Middleton and watering livestock in streams persists. agency heads and Bay manure is used, phosphorus is often over-applied Delegate Maggie McIntosh assisted in Maryland’s Unimpeded, livestock defecate in streams and Program partners in a series because of the manure’s variability in nutrient PMT implementation efforts by convening critical trample river banks and bottoms. This destroys of briefings and featured content and rate of release. stakeholders and advocating for alternative uses of natural vegetation and aquatic habitat, increases presentations. Phosphorus binds to soil particles, reducing its manure that would minimize the economic impact of water temperature and releases large amounts Based on the findings, mobility, but that binding capacity is finite. After the tool’s adoption. of sediment, nutrients and bacteria that foul local the Commission will seek many years of phosphorus over-application, the soil The Virginia and Pennsylvania PIs have not been waters and contribute to the impairment of the opportunities in the next becomes saturated. Additional phosphorus, unable recently updated to address phosphorus saturation. Chesapeake Bay. Diseases such as mastitis, which Farm Bill to enhance to bind to the soil, is transported through surface and In an effort to educate policymakers on the status of can reduce milk production, are transmitted in the U.S. Department of ground water and becomes a source of pollution to phosphorus management, the Commission released streams polluted with livestock waste, and muddy Agriculture’s Environmental local streams and the Chesapeake Bay. a white paper comparing stream areas make animals prone to leg injuries. Quality Incentives Program Phosphorus saturation has contributed to the the defining features of each Nevertheless, only 20 to 40 percent of the Bay’s and Conservation Reserve increase in phosphorus loads to the Bay over the member state’s assessment livestock areas exclude animals from streams, far Enhancement Program, two significant sources of past ten years, despite an 8 percent reduction tool. The Commission is using short of the commitments made by Pennsylvania, stream exclusion and riparian buffer support. in nitrogen over the same period. Fortunately, the report to inform policy Maryland and Virginia in their Watershed In Pennsylvania, the report prompted the phosphorus saturation can be reversed. Successive leaders as they work with Implementation Plans, which rely on this practice to Commonwealth to submit an $8 million proposal seasons of growing crops without further phosphorus academic experts to reduce achieve 14 percent of the phosphorus and 20 percent to USDA’s Regional Conservation Partnership application will, over time, reduce phosphorus levels the impact of phosphorus of the sediment reductions needed to meet the Program. The Commission facilitated the proposal’s in the soil. pollution on the Bay. Chesapeake Bay Total Maximum Daily Load. development, bringing together 14 partners who Several field-level management tools, known as The report makes clear At a minimum, livestock exclusion practices would provide the 50 percent match needed to “phosphorus indexes” (PIs) have been developed that any policies to reduce the include off-stream watering areas and hardened saturate three small watersheds with livestock by land grant universities to assess the source, risk of phosphorus loss from stream crossings. Adding a fence can reduce four to exclusion. While not selected, efforts to secure transport, and application of manure and fertilizer manure and litter must also consider the viability five times more pollution. Several Virginia studies federal funding are ongoing. to guide farmers’ use of phosphorus. The tools of manure management options, such as transport, showed that fenced livestock exclusion caused In Virginia, the Agricultural Cost-Share Program, evaluate a combination of soil tests, management storage, and uses other than land application. bacteria levels to drop more than 100-fold in one year, which covered up to 100 percent of stream practices, environmental conditions, and hydrologic In Pennsylvania, Commission staff shared and that fencing paired with alternative water sources exclusion costs, quickly outpaced available funding. (water transport) characteristics, score the risk its expertise on legislation to promote the use reduced stream bank erosion by 77 percent and Commission members are working to appropriate the of phosphorus loss, and recommend specific of manure-to-energy technology, a promising phosphorus loading by 81 percent. dollars needed to meet farmer demand. phosphorus applications to crops. alternative to land application of manure.

HE CHESAPEAKE BAY COMMISSION IS A TRI-STATE LEGISLATIVE ADVISORY LEGISLATIVE TRI-STATE A IS COMMISSION BAY CHESAPEAKE HE body created in the 1980’s to advise the General Assemblies of Maryland, advise the General to 1980’s in the body created Commission’s The concern. of Baywide on matters and Virginia Pennsylvania the pollution account into of issues, taking range a broad address is to mandate The Commission’s targeted geographic focus on Maryland, Pennsylvania and Virginia and Virginia on Maryland, Pennsylvania focus geographic targeted The Commission’s define the and Virginia) Maryland, Pennsylvania each from (seven members Twenty-one TRANSLATING SCIENCE INTO POLICY INTO SCIENCE TRANSLATING sources, land uses and other human impacts that threaten the health of the Bay and its and its of the Bay the health that threaten impacts land uses and other human sources, of the science understanding between as a crucial link serves Commission The watershed. the watershed’s ensure policies to and federal state and advancing Bay the Chesapeake protection. land and of the watershed’s 80 percent over constitute that these states recognizes the Bay. to and phosphorus pollution flowing of the nitrogen 90 percent nearly contribute and coordinate craft, in each state, staff of with the assistance members, Commission This essential policy the states. and policies within and across passage of laws secure balancing the by leadership legislative the bar for raises science, on sound predicated role, future. the Bay’s that challenge concerns social and economic ecological, complex legislators state are members Fifteen priorities. its and determine identity Commission’s and their governors, representing secretaries cabinet-level are three both chambers, from his or her own member contributes Each Commission representatives. citizen are three of interests range a diverse representing expertise, and knowledge unique perspective, of bi-partisanship. in an atmosphere cultivated

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, virginica Crassostrea Oyster, Eastern he native Bay’s in the Chesapeake role a pivotal plays of millions of gallons filtering by ecosystem Oysters provide a valuable “clean up” service. “clean a valuable provide Oysters by decimated nearly being after Thankfully, another emerges. is answered, As one question

OYSTERS AND RESTORATION AND OYSTERS THE SCIENCE

water, providing important habitat for crabs, fish and crabs, for habitat important providing water, and serving as a pillar of the Bay’s benthic organisms, health. economic and stormwater wastewater, from nutrients Excess zone,” “dead the Bay’s broadened have agriculture and sediment algae filter Oysters killing marine life. gas harmless a relatively to nitrogen and convert clearer cleaner, providing denitrification, through can of oysters that an acre report Scientists water. the highest a year, 3,000 pounds of nitrogen remove of any animal anywhere. rate denitrification and sedimentation, quality, disease, poor water are oysters Bay’s the Chesapeake overharvesting, a is due to This resurgence making a comeback. oysters breeding selectively approach: four-pronged to resistant more and are rapidly more that grow through aquaculture oyster pathogens; encouraging and loans low-interest permitting, streamlined more funds and state support; securing federal technical and projects; restoration large-scale complete to in oyster groups nonprofit and citizens engaging local gardening. addressing now are managers fisheries and Scientists of protection between of balance question a critical population so that a disease-resistant areas restored and harvesting the future, for and propagate grow can and economic infrastructure an industry’s maintain to will the policy. so too advances, base. As the science T SETTING TANKS PRODUCE SPAT ON SHELL FOR RESEARCH,FOR SHELL ON SETTINGRESTORATION SPAT PRODUCE TANKS AND EDUCATION THE COMMISSION IN ACTION 2015 MICROBEADS AND FOOD CHAINS

DAVE HARP DAVE THE SCIENCE THE POLICY

AGRICULTURE SECRETARY RUSSELL REDDING HARP DAVE FISHERIES STOCK ASSESSMENTS 2015 COMMISSION CHAIRMAN SCOTT LINGAMFELTER DAVE HARP DAVE CCRM/VIMS 5 GYRES 5 A BROAD PERSPECTIVE

HEADQUARTERS AND MARYLAND OFFICE MARYLAND PENNSYLVANIA VIRGINIA 60 West Street, Suite 406 Annapolis, MD 21401 410-263-3420

VIRGINIA OFFICE General Assembly Building 201 N. 9th Street, Room 270 Richmond, VA 23219 804-786-4849

PRINTED ON RECYCLED PAPER The Hon. Emmett W. Hanger, Jr...... Senate of Virginia

❖ Members of the Executive Committee