On March 23 citizens and environmental organizations across the state joined together to release a survey of northeastern state wetland laws and call for the protection of New York's vital but threatened wetlands, seasonal streams and other waters. According to the groups, a rollback in federal regulation of wetlands leaves many of New York's wetlands and other waters threatened by pollution. The groups call to action came on a day when more than 75 environmental groups across the nation demanded increased federal and state protections for waters placed in jeopardy by the federal rollbacks.

Advocates urge the State Legislature to pass the Clean Water Protection and Flooding Prevention Act, a.7905 DiNapoli/S.4480 Marcellino. If passed into law, this bill would allow New York's Department of Environmental Conservation to regulate wetlands left unprotected by the changes in federal policy. In addition, advocates argued for stronger federal protection. It would bring New York's wetlands law more in line with neighboring states by amending the law to regulate wetlands one acre or larger, regardless of their presence on the map. The environmental advocates request that New York be allowed to regulate threatened wetlands smaller than one acre.

Louise Harrison, executive director of Friends of the Bay said, "There are scores of small ponds and wetlands in Nassau County that remain unregulated by New York. It's important to protect small wetlands, especially ephemeral (seasonal) ponds, because of their high importance to amphibians (for example frogs, toads and salamanders). Long Island could suffer permanent losses of some of these species if their populations continue to be threatened by wetland filling and suburban sprawl. Amphibians can't pass the saltwater barrier around the Island to repopulate the Island at a later time. Once they are gone they'll stay gone."

Senator Carl Marcellino said, "Wetlands are a vital part of the total ecosystem in New York State. If we do not protect our wetlands, we jeopardize our water quality and flood control efforts from Long Island to Buffalo. The legislation moved through the Assembly Environmental Conservation Committee, which is a positive step that keeps the issue on the front burner here in Albany. The bill in its current form still needs amendments and review, but I look at today's movement as a possible springboard to negotiations that will produce a law that can protect and regulate New York's wetlands for years to come."

Oyster Bay Cove Mayor Ralph Potente said, "Our eco-system is a complicated balance of nature. It is apparent that it is changing all around us, yet most of us seem to bury our heads in the sand when it comes to thinking about what lies ahead. Surely, we've all noticed the proliferation of Canadian geese around Long Island, the disappearance of the lobsters in our Sound, the scallops in Great South Bay, and so many more drastic changes in just the past few years. These are just small signs of the reality of our changing environment.

"Although, Long Island has been all but paved over already, its water system is a vital contributor to our future. Forget for a moment the needs of the little creatures; rather focus on us, the humans. The geese have come to roost on Long Island because we have cut down most of the forested areas that previously supported a former variety of birds and wildlife. The geese prefer to feed on the open lawns of golf courses and corporate landscaping yet have ironically become despised for their setting down to enjoy these manufactured meadows."

Mayor Potente said, "When we back fill our marshlands with topsoil and punch holes in the bottoms of our naturally clay-lined ponds and streams, we kill off the micro food supply that feeds the larger tributaries that would make their way to the sound and bays.

"It's little wonder that the lobsters and other shellfish are disappearing. As I said, it's a complicated business, this nature stuff. We all know the visual magnificence of the salmon fighting their way up stream to spawn in Alaska, but few of us realize that right here on Long Island, many fish come out of the saltwater sound and bays to make their way up our freshwater rivers and tributaries to reproduce.

"We all have a responsibility to care about the place we will leave for our children. Protecting, even the smallest wetland is a vital means to an important end. Although we can no longer save much of what has already been destroyed, the 'cumulative effect' of saving many smaller wetlands and flood-zones is a responsible action to take," he said. "I for one applaud the efforts being taken by our state legislature. While I am a strong proponent of limited government, protecting our environment requires the 'big-picture' control that only government can provide. It's simply too easy to wipe out millions of years of evolution with a bulldozer or thoughtless dumping."

That attitude was reflected recently when the Oyster Bay Cove board voted to put in a moratorium on development in keeping with the Town of Oyster Bay's Special Groundwater Protection Area (SGPA). The purpose of the moratorium was to give the town time to prepare and adopt an Aquifer Protection Overlay District (APO). The legislation is still being drafted, so the town board extended their moratorium for six months so the legislation can be put in place.

"We depend on wetlands to maintain clean water and provide habitat for waterfowl, fish and crustaceans. In addition, billions of dollars in property damage are saved annually by wetlands buffering storm water and absorbing floodwaters," said Adrienne Esposito, associate executive director of Citizens Campaign for the Environment (CCE). "The Bush Administration's roll-back in Clean Water Act protections threaten progress we have made in protecting our waters over the last three decades and expose our communities to the threat of flooding and water pollution."

In January 2003 the Bush administration instructed its agencies not to enforce Clean Water Act protection in many wetlands, small streams and other waters considered "isolated" without first obtaining permission from headquarters. Since New York State law only regulates wetlands 12.4 acres or larger, this change has left many wetlands across the state unregulated unless they can demonstrate unusual local importance and can be put on the map through a regulatory process. New York defines wetlands by vegetation. Massachusetts, for example, uses both vegetation and hydrology to define wetlands and does not have a size threshold for regulation.

For example, Long Island's South Shore Estuary Reserve has a significant number of tributaries protected by wetlands that may now be classified as "isolated wetlands" and will be vulnerable to alteration or degradation. "These tributaries and their wetlands systems play a vitally important role in protecting Long Island's estuaries which impacts our economy, cultural heritage and quality of life," Esposito added.

"Advocates say their survey shows that New York has the least protective wetlands laws in the Northeast. "New York has fallen behind in protecting wetlands," said Liz Kaszubski, chair of Sierra Club Atlantic Chapter's Wetlands Committee. "Unlike New York, all of our neighboring states already protect "isolated' wetlands regardless of size."

Marcia Bystryn, executive director of the New York League of Conservation Voters said, "we strongly urge the state senate and assembly to pass the Clean Water Protection and Flooding Prevention Act. At a time when the federal government is failing to protect our precious wetlands New York State must take action. Preserving our wetlands cannot be left to chance."

"We are, collectively, calling on the Bush administration to reverse its current policy and commit to upholding the Clean Water Act by applying its protection to all waters of the United States. In addition, the Bush administration should reaffirm the historic scope of the Clean Water Act," said Maureen Dolan, CCE program coordinator.