55 



WATERFOWL 



PRODUCTION 



AREA 



ir .^■■.%..i£s&»^ 



Fig. 49. Establishing waterfowl production areas is one way that the Service protects imponant waterfowl breeding habitat. 



The foundation of Federal wetland regulations is Sec- 

 tion 10 of the River and Harbor Act of 1899 and Section 

 404 of the Clean Water Act of 1977, while twenty-four 

 states have passed laws to regulate wetland uses. Federal 

 permits for many types of construction in wetlands are 

 required from the U.S. Army Corps of Engineers, al- 

 though normal agricultural and silvicultural activities are 

 exempt from permit requirements. The Service plays an 

 active role in the permit process by reviewing permit 

 applications and making recommendations based on en- 

 vironmental considerations, under authority of the Fish 

 and Wildlife Coordination Act. The 1982 changes in the 

 Corps regulations reduced the Federal government's role 

 in protecting wetlands and generated much controversy 

 and debate both within and outside of the government. 

 Numerous lawsuits were filed against the Corps by con- 

 cerned environmental groups over these changes. Under a 

 recent out-of-court settlement (National Wildlife Feder- 

 ation V. Marsh), the Corps will propose new regulations 

 requiring closer Federal and state review of proposals to 



fill wetlands. This agreement should broaden Federal 

 protection of wetlands. Meanwhile, nearly half of the 50 

 stales have laws in place which regulate wetland uses to 

 varying degrees (Figure 50). Most of these states protect 

 estuarine wetlands, with palustrine wetlands being large- 

 ly unprotected. For these latter wetlands. Federal regula- 

 tion is the principal means of protection. Unless these 

 regulations are strengthened, extensive wetland acreages 

 will be destroyed before the end of this century. Agricul- 

 ture will continue to convert wetlands to cropland in the 

 Mississippi Alluvial Plain. Prairie Pothole Region, South 

 Florida, Nebraska's Sandhills and Rainwater Basin, Cali- 

 fornia's Central Valley and other areas. Urban develop- 

 ment of wetlands will continue around urban centers 

 throughout the country. Even if direct losses are con- 

 trolled, the problem of degrading quality of wetlands 

 must be addressed by government agencies to maintain 

 the biological integrity of these valuable natural 

 resources. 



