Coral Reef Biological Criteria: Using the Clean Water Act to Protect a National Treasure
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EPA/600/R-10/054 | July 2010 | www.epa.gov/ord Coral Reef Biological Criteria: Using the Clean Water Act to Protect a National Treasure Offi ce of Research and Development | National Health and Environmental Effects Research Laboratory EPA/600/R-10/054 July 2010 www.epa.gov/ord Coral Reef Biological Criteria Using the Clean Water Act to Protect a National Treasure by Patricia Bradley Leska S. Fore Atlantic Ecology Division Statistical Design NHEERL, ORD 136 NW 40th St. 33 East Quay Road Seattle, WA 98107 Key West, FL 33040 William Fisher Wayne Davis Gulf Ecology Division Environmental Analysis Division NHEERL, ORD Offi ce of Environmental Information 1 Sabine Island Drive 701 Mapes Road Gulf Breeze, FL 32561 Fort Meade, MD 20755 Contract No. EP-C-06-033 Work Assignment 3-11 Great Lakes Environmental Center, Inc Project Officer: Work Assignment Manager: Susan K. Jackson Wayne Davis Offi ce of Water Offi ce of Environmental Information Washington, DC 20460 Fort Meade, MD 20755 National Health and Environmental Effects Research Laboratory Offi ce of Research and Development Washington, DC 20460 Printed on chlorine free 100% recycled paper with 100% post-consumer fiber using vegetable-based ink. Notice and Disclaimer The U.S. Environmental Protection Agency through its Offi ce of Research and Development, Offi ce of Environmental Information, and Offi ce of Water funded and collaborated in the research described here under Contract EP-C-06-033, Work Assignment 3-11, to Great Lakes Environmental Center, Inc. It has been subject to the Agency’s peer and administrative review and has been approved for publication as an EPA document. Mention of trade names or commercial products does not constitute endorsement or recommendation for use. This manual provides technical guidance to States, Territories, and Commonwealths to establish water quality criteria and standards under the Clean Water Act (CWA), to protect aquatic life from the effects of pollution. Under the CWA, States and Territories are to establish water quality criteria to protect designated uses. State and Territorial decision makers retain the discretion to adopt approaches on a case-by-case basis that differ from this guidance when appropriate and scientifi cally defensible. While this manual constitutes the U.S. Environmental Protection Agency’s (EPA) scientifi c recommendations regarding biological criteria to help protect coral reef ecosystem quality and aquatic life, it does not substitute for the CWA or EPA’s regulations; nor is it a regulation itself. Thus, it cannot impose legally binding requirements on EPA, States, Territories or the regulated community, and might not apply to a particular situation or circumstance. EPA may change this guidance in the future. This is a contribution to the EPA Offi ce of Research and Development’s Ecosystem Services Research Program, Coral Reefs Project. The appropriate citation for this report is: Bradley P, Fore L, Fisher W, and Davis W. 2010. Coral Reef Biological Criteria: Using the Clean Water Act to Protect a National Treasure. U.S. Environmental Protection Agency, Offi ce of Research and Development, Narragansett, RI. EPA/600/R-10/054 July 2010. This document can be downloaded from EPA’s website for Biological Indicators of Watershed Health: http://www.epa.gov/bioindicators ii Preface The Earth is a Blue Planet. Oceans cover about 70% of the globe. Coral reefs are the largest living structures on the planet. Coral reefs are one of the most threatened marine ecosystems. Intended Audience This manual has been written to support coral reef managers in United States jurisdictions (see map in Figure P-1), including: • Caribbean Basin (Commonwealth of Puerto Rico, U.S. Virgin Islands, and Navassa Island) • Gulf of Mexico (Flower Garden Banks) • Atlantic Ocean (southeast Florida and the Florida Keys) • Pacifi c Ocean (American Samoa, Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Pacifi c Remote Island Areas) When the term “state” is used throughout the manual it is intended to represent any U.S. jurisdiction, which includes states, territories, tribes and commonwealths. In all jurisdictions with coral reefs, the CWA applies to marine and coastal systems within the 3-mile territorial waters. "State” in this document includes all states, territories, tribes, and commonwealths. Coral Reef Biological Criteria: Using the Clean Water Act to Protect a National Treasure iii Figure P-1. Map of United States Jurisdictions with Coral Reefs. Coral reef ecosystems are managed by a variety of federal and state agencies (Table P-1). Table P-1. Managers whose decisions potentially impact coral reef ecosystems. Types of Managers Role Scale Policy Makers Develop laws and regulations Federal/Regional/State Environmental Managers Implement and enforce federal/ Regional/State state/territorial environmental laws and regulations Natural Resource Managers Manage parks, sanctuaries, Federal/Regional/State refuges, etc. Local Government Managers Enforce land-use rules, permits Local and zoning iv Coral reef managers work for many different organizations both within government (at the federal, state, and local levels) and for non-profi t organizations. While they all have a general responsibility to protect coral reefs, their authorities and roles can be quite varied, including: • Pollution prevention, including various permitting authorities • Coral reef protection • Coral reef restoration • Fisheries management • Park/sanctuary management This document uses the general term coral reef manager in reference to all of these roles. Coral Reef Managers work for many different organizations both within government (at the federal, state, and local levels) and for non-profi t organizations. While they all have a general responsibility to protect coral reefs, their authorities and roles can be quite varied, including: pollution prevention, including various permitting authorities; coral reef protection; coral reef restoration; fi sheries management; and park/sanctuary management. Reef managers and government scientists aren’t the only people interested in protecting coral reefs. All U.S. citizens are stakeholders. The Clean Water Act includes many opportunities for citizens and other stakeholders to comment, understand and infl uence regulatory decisions either during mandated public comment periods or through citizen lawsuits (USC33, §1365 and §505). Stakeholders include: • Residents of local communities adjacent to coral reefs • Tourists and the tourism industry • Fishermen and other marine-based industries • Land-based industries and commercial enterprises • Conservation and environmental groups • Research organizations • Educational institutions Citizen suit provisions USC33, §1365 and §505. Coral Reef Biological Criteria: Using the Clean Water Act to Protect a National Treasure v Why You Should Read This Coral reef managers have challenging jobs. This is truer now than ever before. First and foremost, coral reef ecosystems are declining, threatened by a variety of human activities including polluted runoff from agriculture and land-use practices, over-fi shing, ship groundings, coastal development and climate change, as well as with natural stressors such as tropical storms, bleaching and disease that may also be increasing due to human actions. Second, coral reef managers are often faced with a lack of information, lack of resources, and lack of political will to take the actions necessary to protect or restore coral reef ecosystems. Finally, coral reef managers must navigate a complex web of federal, state, and local legislation—legislation that is too often duplicative, diffi cult to understand, and challenging to coordinate. If you are a coral reef manager, you are already aware of many on-the-reef approaches to management. This Biological Criteria: A document will show you how to use the Clean Water Act description of the desired (CWA) and coral reef biological criteria (biocriteria) as part natural aquatic community of a comprehensive framework to organize your protection based on the numbers efforts and make them more meaningful through enforceable and kinds of organisms coastal and watershed regulations. expected to be present in a water body and serve as If you are a stakeholder, this document will show you how the standard against which the CWA and other management tools can be combined into assessment results are a comprehensive watershed-based management approach compared. Biocriteria can for coral reefs and other coastal ecosystems. also be used to determine aquatic life use attainment The responsibility for implementing coral reef biocriteria lies and can be formally adopted with the state and federal coral reef managers. However, to into a State’s water quality be successful, their actions must be guided and informed by standards (EPA 2002). the knowledge, energy and resources of scientists and other stakeholders. How to Use This Manual Ask the Right Questions. This document is organized—in general—around broad questions that correspond to the needs of coral reef managers. The questions are part of the scientifi c and management discussion, and are topics with which most coral reef managers will be readily familiar. These questions are also essential to the development of scientifi cally sound coral reef biocriteria. • Why do we care about coral reefs? • What do we want to protect? • What should we measure? vi • How do we assess reef condition? • How are the reefs doing (are they getting better or worse)? • How do we account for reef variability?