Interpretation of the Clean Water Act May Adversely Impact Waterfowl

Memphis, TN, June 12, 2003 --- Ducks Unlimited (DU), a world leader in wetland and waterfowl conservation, voiced its concern over changes to wetlands protection provided by the Clean Water Act before the U.S. Senate this week in Washington D.C. Dr. Scott Yaich, director of conservation programs for the nonprofit explained that weakening of federal wetland protection may have serious environmental and economic consequences. How the Bush Administration interprets the Supreme Court’s Solid Waste Agency of Northern Cook County (SWANCC) vs. U.S. Army Corps of Engineers decision, which reduces federal oversight of “isolated” wetlands, and acts on it, may determine the future of duck hunting.

During his testimony Yaich stated, “A broad interpretation of the court decision will have significant consequences, including accelerated losses of the essential prairie pothole wetlands, vulnerability to filling and draining of an extraordinary number of other wetlands, and the potential for periodic closure of duck hunting.”

The prairie pothole region, which is the most important breeding habitat for waterfowl in the U.S. is one of many areas under threat due to the Supreme Court action. Of the 20 million potholes that once existed in the northern U.S., only seven million remain. One analysis suggested that duck production here would decline by over 70 percent if all wetlands less than one acre were lost, and scientists estimate that up to 96 percent of the potholes could be without protection.

Waterfowl are also a valuable interstate resource, and wetland losses would impact the numbers of birds and funds spent by sportsmen and women. According to a 2001 assessment, the economic impact would be significant, impacting nearly three million duck and migratory bird hunters who spend $1.4 billion on hunting-related goods and services.

DU has been heavily involved in assessing the impacts of the court’s decision. A team of DU scientists has studied the issue as it relates to the habitats most important to waterfowl. Their report is available on DU’s website.

The group continues to work to protect “isolated” wetlands under Section 404 of the Clean Water Act based upon the functional hydrologic links that exist between most isolated wetlands and navigable waters and tributaries. See DU's comments and more information on this definition.

For more on the Clean Water Act and the SWANCC decision and to view Dr. Scott Yaich’s testimony click here.

Contacts: Scott Yaich (901)-758-3874 or syaich@ducks.org
Scott Sutherland, (202) 347-1530 or ssutherland@ducks.org