Federal Agency Programs in Living Aquatic Resources and Aquatic Habitat Protection

DEPARTMENT OF DEFENSE

Army Corps of Engineers

Activities Related to Living Aquatic Resources. Living aquatic resource questions are encountered by the Corps in the process of planning and constructing projects and programs authorized by Congress. A significant portion of funds expended for living aquatic resources is related to mitigation features to compensate for aquatic resources lost due to construction and operation of the projects. Aspects of various Corps tasks, functions, and studies related to living aquatic resources include reconnaissance, feasibility, and research studies; environmental, endangered species, and ocean dumping assessments; design and construction of dam bypass facilities for anadromous fish, of hatchery facilities, and of boat harbors used by commercial fishing boats; dredging and dredged material site designation, disposal, and management; regulatory and permit actions; water quality, mitigation, and Clean Water Act evaluations; environmental impact statements and master plans; aquatic plant control; Coastal Zone Management consistency determinations; operational and site management fishery investigations; water level management plans; and wetland development, stabilization, and protection.

Statutory Authority. Fish and Wildlife Coordination Act of 1934, as amended (16 U.S.C. 661 et seq.); Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.); Coastal Barrier Resources Act of 1982, as amended (16 U.S.C. 3501 et seq.); National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.); Estuarine Areas Act of 1968 (16 U.S.C. 1221 et seq.); Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.); Clean Water Act, as amended (33 U.S.C. 1251 et seq.); Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.); Marine Protection, Research, and Sanctuaries Act of 1972, as amended (16 U.S.C. 1431 et seq., 33 U.S.C. 1401 et seq.); Pacific Northwest Power Planning and Conservation Act of 1980 (16 U.S.C. 839 et seq.); Flood Control Act of 1944 (§4), as amended (16 U.S.C. 460d); Federal Water Project Recreation Act of 1965, as amended (P.L. 89-72); Water Resources Development Act of 1986 (P.L. 99-662); and Water Resources Development Act of 1988 (P.L. 100-676).

Ten-Year History of Budget and Personnel Levels. The Corps accounting system does breakdown specific aquatic living resource and habitat expenditures. Estimated expenditures and FTEs are provided.

Five-Year History of Personnel by Civil Service Grade.

National Policy or goals Studies. None

Interagency and State-Federal Coordination Mechanisms. Coordination is conducted for preparation and execution of general plans for use of project lands, for general project planning, and for general project operations. The Corps has a MOA with FWS to transfer funds for conduct of studies required by the Fish and Wildlife Coordination Act. All other coordination with numerous Federal and State agencies is conducted without formal agreements. Informal coordination occurs with many Federal agencies, including: the Natural Resources Conservation Service, Forest Service, NMFS, Office of Coastal Zone Management, Federal Energy Regulatory Commission, Bureau of Indian Affairs, Bureau of Land Management, Bureau of Reclamation, National Park Service, FWS, Geological Survey, Coast Guard, EPA, Bonneville Power Administration, Interstate Commission on the Potomac River Basin and other river basin commissions, and the Northwest Power Planning Council. Informal coordination occurs with State agencies which are responsible for fishery management, land use, water control, environmental protection, water quality, and coastal zone management. Coordination is also maintained with various Native American tribal organizations which have an interest in living aquatic resources, such as the Columbia River Inter-Tribal Fish Commission. There is also a CA between the Department of the Army and NOAA for a pilot study to demonstrate the practicability and desirability of a national program for restoring and creating fishery habitat, within existing authorities, resources, and funding.

Periodic or Annual Reports. Many studies are available related to specific projects. One with more general appeal is:

Annual Fish Passage Reports (adult fish counts at dams on the Columbia and Snake Rivers), 1976-1988. Available from: U.S. Army Engineer District, Portland, P.O. Box 2946, Portland, OR 97208.

Office of Naval Research

Activities Related to Living Aquatic Resources. The Office of Naval Research (ONR) supports basic research on the environment, especially the ocean environment. ONR research projects deal with marine mammals under the Marine Mammal Accelerated Research Initiative (ARI), with marine organisms within the Oceanic Biology Program, and with molecular marine biology within the Biological Sciences Division. Current programs are: (a) effects of low frequency sound (LFS) on marine mammals, and use of LFS by marine mammals as models for Navy LFS sonars; (b) biosonar of dolphins for development of biomimetic-engineered sonars; and (c) hydrodynamics and swimming of marine mammals for biomimetic autonomous underwater vehicles.

Statutory Authority. Act of August 1, 1946, ch. 688 (60 Stat. 779).

Ten-Year History of Budget and Personnel Levels. Not identified. Available in the Annual Report of the Marine Mammal Commission.

Five-Year History of Personnel by Civil Service Grade. Not identified.

National Policy or Goals Studies. Mission-oriented research of importance to the Navy.

Interagency and State-Federal Coordination Mechanisms. Any contact that ONR scientific officers have with other agencies is generally on an informal or ad hoc basis.

Periodic or Annual Reports. Various, produced by individual research programs.

DEPARTMENT OF ENERGY

Bonneville Power Administration

Activities Related to Living Aquatic Resources. The Bonneville Power Administration (BPA) funds fish protection, mitigation, and enhancement projects related to development and operation of Columbia River hydroelectric dams. In these activities, BPA follows the guidance of the Columbia River Basin Fish and Wildlife Program developed and adopted by the Northwest Power Planning Council. A Division of Fish and Wildlife was formally established in 1982. Other activities include analysis of proposed power marketing activities and strategies to determine the effects of flows, spills, and water levels on fishery resources; evaluation of hydroelectric projects proposed for BPA acquisition to ensure consistency with BPA's statutory responsibilities; and coordination of fishery activities which involve participation from other groups within BPA. BPA also complies with the requirements of the National Environmental Policy Act and the Endangered Species Act.

Statutory Authority. Pacific Northwest Power Planning and Conservation Act of 1980 (16 U.S.C. 839 et seq.).

Ten- Year History of Budget and Personnel Levels . In addition to the project funds shown, BPA is responsible for repaying nearly $500 million to the Treasury for investments in Federal Columbia River Power System (FCRPS) fishery mitigation facilities. BPA also repays the power costs of operation and maintenance associated with these facilities. FTE levels shown are for the Division of Fish and Wildlife.

Five-Year History of Personnel by Civil Service Grade. This record indicates people employed by the Division of Fish and Wildlife at the end of each fiscal year without consideration of transfers in or out of fishery-related work during the year, and includes temporary as well as permanent, full-time employees.

National Policy or Goals Studies. None

Interagency and State-Federal Coordination Mechanisms. A 1976 MOU with the Confederated Tribes of the Umatilla, Warm Springs, Yakima, and Nez Perce Indian Reservations, and the Pacific Northwest Regional Commission (PNRC) established funding procedures which assure equitable participation in the preparation of anadromous fishery programs and related policies. BPA financed a regional program of Columbia River anadromous fishery restoration administered under the aegis of the PNRC. In an MOU with the Bureau of Indian Affairs, BPA agreed to provide financial support for certain Columbia Basin anadromous fishery mitigation activities recommended by the Columbia River Fisheries Council.

BPA established a consultation/coordination process to foster greater participation in BPA's fish and wildlife policy development under the authority of the Pacific Northwest Power Act while offering participants an expanded role in FCRPS management and operation.

An Inter-Governmental Agreement (IGA) with the Northwest Power Planning Council was renewed in June 1993, establishing cooperation and clarifying roles and responsibilities under the Pacific Northwest Power Act. This IGA formalized procedures to expedite action under contracts for elements in the Council's Fish and Wildlife Program.

Additional MOUs exist with FWS (Lower Snake River Fish and Wildlife Compensation Plan), the Forest Service (mitigation of impacts caused by transmission lines associated with Federal hydroelectric facilities), and the Corps of Engineers (coordination of fish and wildlife research activities to avoid duplication).

On October 19, 1988, BPA and the Columbia Basin Fish and Wildlife Authority (CBFWA) signed a letter endorsing the Fish and Wildlife Program Implementation Planning Process (IPP). The IPP was a multi-step process by which BPA, in collaboration with the CBFWA, would plan its implementation of the Columbia River Basin Fish and Wildlife Program. The Northwest Power Planning Council is in the process of amending its Program. The amendment process is examining existing and proposed measures and processes, including the IPP Process, in light of recent Federal Court decisions on the Endangered Species Act and the issuance of the final recommendations of the Snake River Salmon Recovery Team.

BPA implementation of the Program will continue in close collaboration with the CBFWA, as well as the State and Federal fish and wildlife agencies, Indian Tribes, U.S. Army Corps of Engineers, utilities, Northwest Power Planning Council, and other interested parties.

Periodic or Annual Reports. Available from: Public Information--EW, Fish and Wildlife Program, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208.

a) Columbia River Basin Fish and Wildlife Program Annual Work Plan.

b) Many annual and final project reports are available upon request.

Federal Energy Regulatory Commission

Activities Related to Living Aquatic Resources. The Federal Energy Regulatory Commission (FERC), in licensing non-federal hydroelectric projects and certifying non-Federal natural gas pipeline projects, ensures the protection and enhancement of aquatic resources and habitat impacted by project construction and operation.

Statutory Authority. The Federal Power Act (16 U.S.C. 791a et seq.) guides licensing of hydroelectric projects. The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) acts as the umbrella for the FERC's environmental review of proposed natural gas facilities. The Endangered Species Act (16 U.S.C. 1531 et seq.), the Coastal Zone Management Act (16 U.S.C. 1451 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.) also place specific statutory responsibility on FERC prior to issuance of a final certificate.

Ten-Year History of Budget and Personnel Levels. Cost data and FTEs are shown for FY1987 through FY1995; information prior to FY1987 cannot be separately identified.

Five-Year History of Personnel by Civil Service Grade. The table below contains a listing by grade of the number of employees working during FY1991 to FY1995 on reviews and analyses of aquatic resources and habitat impacted by proposed hydropower projects and applications for natural gas pipeline construction projects pending before the FERC.

National policy or goals studies. None

Interagency and State-Federal Coordination Mechanisms. Applicants for hydro-power licenses must comply with prefixing requirements that they consult with the fish and wildlife agencies prior to filing an application with the Commission. Applications are not accepted for processing until the applicants have completed this consultation. FERC then requests comments on the application from the Federal and State fish and wildlife agencies. The applicant is provided the opportunity to respond to any agency comments. Also, under §4(e) of the Federal Power Act, the Corps of Engineers, DOI, and the U.S. Forest Service may set such conditions as are determined to be necessary for the protection of aquatic resources and habitats and other resource values affected by hydroelectric projects. FERC staff issues a public environmental assessment or environmental impact statement that contains an analysis of the impacts and proposed mitigative measures, including a discussion of those measures recommended by the fish and wildlife agencies.

Post-licensing coordination is accomplished through requirements contained in the license articles directing licensees to cooperate and coordinate with Federal and State fish and wildlife agencies and certain land management agencies in ensuring that protection of aquatic resources and habitats.

For natural gas pipeline projects, coordination is accomplished by issuing notices of intent to prepare environmental assessments and environmental impact statements requesting interagency coordination and comments of Federal and State fish and wildlife agencies; and by recommending special mitigative conditions be in all certificates for those pipeline projects that require coordination between the applicant and the Federal and State fish and wildlife agencies.

FERC also consults with other Federal agencies regarding natural gas pipeline activities that may affect lands, wetlands, rivers, fisheries, streams, and other waterbodies (such as the outer continental shelf) or facilities under their respective management. These agencies include the U.S. Forest Service, U.S. Army Corps of Engineers, NMFS, EPA, Minerals Management Service, Bureau of Land Management, and the Natural Resources Conservation Service.

Periodic or Annual Reports. None

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control

Activities Related to Living Aquatic Resources. Within the Centers for Disease Control (CDC), the Center for Infectious Diseases conducts investigations whenever significant outbreaks of fish or shellfish-borne diseases are suspected or detected.

Statutory Authority. Public Health Service Act, §301 (42 U.S.C. 241).

Ten-Year History of Budget and Personnel Levels. Recent efforts are estimated to constitute approximately 0.5 FTE annually.

Five-Year History of Personnel by Civil Service Grade. Not separately identified.

National Policy or Goals Studies. None

Interagency and State-Federal Coordination Mechanisms. Direct contact with appropriate personnel in other agencies and affected States.

Periodic or Annual Reports. None

Food and Drug Administration

Activities Related to Living Aquatic Resources. The Food and Drug Administration (FDA) has the primary responsibility at the Federal level for protecting the public against health hazards, sanitation, and economic fraud problems associated with fish and shellfish products. Fish and shellfish are potentially subject to a number of important health and sanitation concerns, including microbial pathogen contamination, pesticide contamination, and hazards posed by natural marine toxins and decomposed product. The agency endeavors to protect consumers against these and other seafood-related health, sanitation, and economic deception concerns by regulating the safety, quality, and identity of these foods; establishing tolerances and guidelines for contaminants; inspecting processing and distribution facilities; classifying shellfish growing areas; examining domestic and imported product samples to assure compliance with the statutory authorities; and conducting research to improve the ability to rapidly detect and identify safety problems. In addition to these activities, the Agency closely coordinates its efforts with NMFS, the other Federal agency which conducts a program for inspecting, analyzing, and labeling seafood products. Moreover, under the National Shellfish Sanitation Program, FDA works cooperatively with State and local governments, foreign countries, and private industry to help assure the safety and sanitation of shellfish products.

Statutory Authority. Federal Food, Drug, and Cosmetic Act of 1938, as amended (21 U.S.C. 301 et seq.); Public Health Service Act, as amended (42 U.S.C. 201 et seq.).

Ten-Year History of Budget and Personnel Levels. These figures include the shellfish sanitation program and other seafood-related activities such as research, field investigation work, and regulations development.

Five-Year History of Personnel by Civil Service Grade. Not separately identified.

National Policy or Goals Studies.

a) Reports and studies:

U.S. General Accounting Offices Seafood Safety -- Seriousness of Problems and Efforts to Protect Consumers. RECD-88-135, Washington, August 1988. 77 p. Available from U.S. General Accounting Office.

Proceedings of the Workshop on Vibrio vulnificus and Sanitary Control of Shellfish, March 15-17, 1988. Available from Food and Drug Administration.

U.S. General Accounting Office. Problems in Protecting Consumers from Illegally Harvested Shellfish (Clams, Mussels and Oysters). HRD-84-36, Washington, June 14, 1984. 51 p. Available from U.S. General Accounting Office.

Shellfish growing water studies and reports conducted and/or prepared by Northeast Technical Services Unit. Available from Food and Drug Administration.

NMFS, Food and Drug Administration, EPA. Federal Survey of PCBs in Atlantic Coast Bluefish, Final report to be issued December 1986.

Food and Drug Administration Compliance Program. Lead, Cadmium, and Other Elements in Domestic Shellfish, October 1, 1986. Available from Food and Drug Administration .

Food and Drug Administration Compliance Programs. Pesticides and Industrial Chemicals in Domestic and Imported Foods, October 1, 1981, and FY1982-FY1986. Available from Food and Drug Administration.

Research on Seafood Toxins, the Chemical and Microbiological Safety of Aquaculture Produced Fish, and Seafood Decomposition. Technical Plan (through FY1992) or Tactical Plan (FY1993-FY1995) of FDA's Center for Food Safety and Applied Nutrition. Available from Food and Drug Administration.

National Shellfish Sanitation Program Manual of Operations, Part I and II. (The latest is the 1993 revision, with the next revision to be published in 1995.) Available from Food and Drug Administration.

Proceedings of the 1994 Workshop on Vibrio vulnificus, June 15-16, 1994. Available from Food and Drug Administration.

Guidance Document for Arsenic in Shellfish, January 1993. Available from Food and Drug Administration.

Guidance Document for Cadmium in Shellfish, January 1993. Available from Food and Drug Administration.

Guidance Document for Chromium in Shellfish, January 1993. Available from Food and Drug Administration.

Guidance Document for Nickel in Shellfish, January 1993. Available from Food and Drug Administration.

Guidance Document for Lead in Shellfish, August 1993. Available from Food and Drug Administration.

FDA Seafood Plan. Available from Food and Drug Administration.

Safe Seafood for America: Strengthening the Regulatory Network, A Status Report from FDA, June 1993. Available from Food and Drug Administration.

The Fish List: FDA Guide to Acceptable Market Names for Food Fish Sold in Interstate Commerce, 1988. Available from Food and Drug Administration.

The Seafood List: FDA's Guide to Acceptable Market Names for Food Fish Sold in Interstate Commerce, 1993. Available from Food and Drug Administration.

b) Compliance Program Evaluation Reports. Available from Food and Drug Administration.

FY1973: Maryland soft shell clams; blue crab, fresh and pasteurized; phthalate esters in fish survey; micro-quality of frozen, breaded fish and shellfish; National Shellfish Sanitation Program; canned tuna program.

FY1974: Blue crab survey; comprehensive fish survey.

FY1974/1976: National Shellfish Sanitation Program.

FY1975: Imported frog legs; hazard analysis and critical control point inspections -fresh frozen packaged fish and crustacea.

FY1975/1976: Survey of Salmonella and parasites in catfish.

FY1977: Kepone and mirex contamination in fish, crustaceans, and shellfish from Virginia and Maryland.

FY1979: Pesticides and metals in fish.

FY1981: PCBs in domestic finfish, mollusks, and crustacea.

FY1984-1993: Field summary seafood accomplishments/expenditures; Summary prepared by ORA's Program Evaluation Branch, HFC-42.

FY1991: Domestic fish and fishery products inspection assignment (summary); import fish sampling assignment (summary); pesticides and industrial chemicals in domestic aquaculture (evaluation); methyl mercury in canned tuna assignment (evaluation); Louisiana oysters sampling survey (summary).

FY1992: Investigation and sampling of fresh tuna in consumer channels assignment (summary); methyl mercury in imported and domestic shark and swordfish assignment (summary); Massachusetts Bay contamination of bottom dwelling fish assignment (evaluation); U.S. shellfish growing area classification status assignment (evaluation); imported frog legs mislabeled as shrimp assignment (summary); survey of imported tiger shrimp for chloramphenicol assignment (summary); pesticides and industrial chemicals in domestic aquaculture products (evaluation).

FY1993: Contract packers-canned seafood assignment (summary); methyl mercury in imported and domestic shark, swordfish, and tuna assignment (summary); chemotherapeutic agents in aquaculture products: oxolinic acid in imported and domestic salmon assignment (summary); selected fishery products assignment - FY1992/ 1993 (summary); survey of domestic and imported frozen raw breaded shrimp for conformance to standard of identity and filth (summary); domestic and imported raw scallops (summary); chloramphenicol in imported and domestic shrimp assignment (summary)

Interagency and State-Federal Coordination Mechanisms.

a) CAs with the U.S. Army Medical Research and Development Command to develop assay methodology for seafood toxins; EPA for sanitary surveys and reclassification of shellfish growing areas; and NMFS for oyster sampling and surveillance.

b) Contracts with the Massachusetts Department of Health to develop expertise in State laboratories to monitor for paralytic shellfish poison. Contracts with Alaska, Washington, Oregon, and California to develop marine toxin monitoring programs.

c) Formal MOUs exist with NMFS (research programs for fishery products and inspection programs for fishery products); and FWS, NOAA, and EPA (acknowledging mutual interests and responsibilities of these agencies in developing actions to protect and manage the estuarine and coastal water environments for shellfish).

d) In addition, about 10 formal MOUs exist with other nations relating to shellfish certification, improving shellfish sanitation practices, and control of shellfish export.

e) FDA is the competent authority for negotiations now ongoing with the European Union (EU) to meet the EU requirements for seafood exports to the EU.

Periodic or Annual Reports. Available from Food and Drug Administration.

a) Compliance Program Guidance Manual (certain programs pertain to fish and/or shellfish) (published annually).

b) Technical Plan (published annually prior to FY1993) and Tactical Plan (published annually, beginning in FY1993) of the Center for Food Safety and Applied Nutrition.

c) Interstate Certified Shellfish Shippers List (published monthly).

d) National Shellfish Register of Classified Estuarine Waters, 1985.