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(Note this Draft Plan is provided as a service to our clients. Since we have no control over the content or accuracy of it, we can not guarantee its content. As with everything, use at your own risk. If you have environmental problems, we suggest that you contact a professional. We would, of course, be flattered to be of service!)
Wetlands Conservation Plan
DRAFT PLAN
Prepared By:
The DRAFT Guam Wetlands Conservation Plan has been created as a result of planning efforts funded by the Guam Environmental Protection Agency, and undertaken by the consultant team of Winzler and Kelly Consulting Engineers, and Daniel Wooster M. S., in concert with the Guam Wetlands Steering Committee under the direction of GEPA. This initial draft version is submitted to government agencies and other interested parties for review . Once review comments have been received and appropriate revisions made, a revised draft will be issued and a number of public hearings will be conducted. Following the public review the Plan will be finalized.
The Plan Goal, developed by the planning team, is as follows:
To assure "No Net Loss" of the important values and functions of Guam's wetland resources, through a program of identification, conservation, public education and outreach, and legal protection.
Within each of the Plan objectives attainable measures have been developed. Implementation and monitoring strategies are other important components of the Plan.
This first version of the Guam Wetlands Conservation Plan is subject to revision. The planning team welcomes any and all comments which will help to assure that the Plan is workable and contributes to the protection of Guam's limited and fragile wetland resources.
The Guam Wetland Conservation Plan is created to promote the national wetland goal of "No Net Loss" of the important values and functions of Guam's wetland resources. Current regulatory efforts for protecting and managing wetlands on Guam are somewhat fragmented. Regulatory control of wetland impacts is generally achieved indirectly or coincidentally through the various water regulatory programs under the Clean Water Act, or through conservation programs under the Endangered Species Act. In order to focus regulatory and resource agency efforts for wetland protection, this Plan is created as a wetland-specific guide to wetland conservation. The Plan also aims to promote wetlands conservation through an integrated program of education and training for the public and professional community, to raise awareness of the need to protect wetlands.
To achieve the Plan goal, four objectives were developed that address technical and administrative requirements for successful wetland conservation. First, a wetland identification program is proposed in order to record known wetlands in a concise and readily available format. This program also includes the classification and prioritization of wetlands. The identification program also provides a means to update the database on a regular basis, so that previously unrecognized wetlands can be recorded.
The second objective, conservation, proposes a multiple-component approach to wetlands protection. Components include wise-use management, mitigation, preservation and restoration. One or more conservation components can be applied to a particular wetland, depending on the type, function, use or priority of the wetland.
The third objective of the Plan is public education and outreach. This program includes wetland-specific training for professionals in government and the private sector. It also includes a program to train teachers and to introduce wetlands ecology into middle and high school curricula.
The fourth objective is legislative. Without proper rules and regulations, and enforcement capabilities, regulatory and resource agencies cannot carry out the goal and objectives of the conservation plan. The legislative objective proposes to amend agency rules and regulations where appropriate, explore the potential of new legislation, and to re-direct or clarify regulatory responsibilities among Guam and federal agencies.
A three-year implementation schedule is proposed for the Wetlands Conservation Plan. A Plan monitoring and evaluation program is also proposed, which makes periodic assessments of how effectively the Plan is implemented. Plan implementation will be scheduled in three phases. The first phase includes technical aspects of the Plan, which include identification, classification and rank/prioritization of wetlands. The second phase includes administrative aspects, such as amending regulations, developing new legislation, or defining agency responsibilities. The final or comprehensive implementation phase will be ongoing, and includes the education and outreach programs that will be a regular feature of wetland conservation efforts on Guam.
TABLE OF CONTENTS
1.1 Introduction to the Plan
2.1 Introduction2.4 Guam Wetlands Resources: The Past
3.0 GOAL AND OBJECTIVES FOR WETLAND PROTECTION
3.1 Introduction3.3.1 Identification Objective
4.0 EVALUATION AND ANALYSIS OF EXISTING WETLAND PROGRAMS
4.1 Introduction4.2 Guam Programs Applicable to Wetland Conservation
4.2.1 General4.3 Federal Programs Applicable to Wetland Conservation
4.3.1 Other Federal Programs4.4 Agencies / Programs Evaluation
4.4.1 Introduction4.4.3 Federal Wetland Programs
5.0 PROTECTION AND CONSERVATION MEASURES
5.1 Introduction5.2.1 Introduction5.2.2 Develop Wetlands Identification Map as Guam Standard
5.2.3 Establish a Guam Wetlands Classification System
5.3.1 Introduction5.4 Wetlands Conservation; Sustainable Use, Mitigation, Preservation, Restoration and Preservation
5.4.1 Introduction5.5 Regulatory and Administrative Improvements
5.5.1 Introduction5.5.2 Regulatory & Administrative Alternatives
5.5.2.1 Regulatory Alternatives
6.0 WETLANDS PLAN IMPLEMENTATION STRATEGIES
6.1 Introduction6.2 Organization and Schedule of Implementation
7.0 WETLANDS PLAN MONITORING AND EVALUATION STRATEGIES
7.1 Introduction7.2.1 Plan ComponentsIdentificationEducation and Outreach
Conservation
Legislation/Administration
7.3.1 Evaluation Elements
8.0 OTHER MANAGEMENT SCENARIOS
APPENDICES
Appendix 1 Glossary of Terms and AbbreviationsA1.1 Introduction
A1.2 Definitions of Terms
A1.3 Abbreviations
Appendix 2 Inventory of Published Resources Pertaining to Guam's Wetlands
A2.1 Introduction
A2.2 Inventory of Published Wetlands Resources
LIST OF TABLES
Table Follows Page
LIST OF FIGURES
Figure Follows Page
1.1 Introduction to The Plan 1.2 Wetland definitions 1.3 Why protect wetlands?
Throughout the world wetlands are an important part of the landscape. They play critical roles in the maintenance of healthy human and natural environments. Because of their location in many watersheds, they protect water quality by trapping sediments and pollutants. Their high productivity and unique flora and fauna make them centers of high biodiversity and the location of nursery areas for species that mature elsewhere. In the human environment wetlands protect against flooding, provide rich farmland and provide the setting for educational and recreational activity. Unfortunately, for many of the same reasons that wetlands are valuable they are also very sensitive to natural and manmade impacts. They are subject to development pressure and a point of conflict between those who seek to realize short term economic benefits and those who wish to preserve them for the long term in a sustainable way so as to preserve the whole range of functions that they perform.
Because of their unique ecological role wetlands have been subject to some of the most complex and occasionally conflicting regulations by both the Federal, state (including territories) and local governments. These regulations, based on a mix of long standing riparian rights, water law, commercial law and environmental protection, have been created to protect often competing interests. In recent years the multidisciplinary field of wetland science has developed in order to both understand how wetlands function and to provide a scientific basis for planning, regulatory and conservation efforts.
On Guam, wetlands comprise less than four percent of the total land area. Guam's wetlands have been subject to an escalating level of human impact since the first islanders arrived some 3,500 years ago, harvested wetland resources, and practiced the cultivation of wetland crops such as rice and taro.
Recognizing the need to protect Guam's wetland resources and to assure no net loss of the important functions that they perform and the values they possess, the Guam Environmental Protection Agency with the assistance of a grant from the United States Environmental Protection Agency issued a Request For Proposals in early 1999 for the purpose of developing a wetland resources conservation plan for the island of Guam. According to the RFP "The proposed plan shall cover the conservation of all wetland resource areas in Guam and include a resource inventory from existing sources, evaluate current government programs which cover both local and federal permitting responsibilities, identify a number of conservation (or management) alternatives both planned and considered for future implementation, provide an implementation strategy, and provide a plan monitoring and evaluation strategy".
According to the Scope of Work, the plan ".. should provide a comprehensive single source management document that will guide the various wetland and natural resource protection, permitting and planning agencies, boards and commissions of the Government of Guam, in conserving the islands wetland resources. The plan should unify conservation strategies and harmonize a variety of conservation efforts, goals and objectives".
The project team of Winzler and Kelly, Consulting Engineers and Daniel Wooster, M. S. was selected as the consultant and, in August 1999, was given the Notice to Proceed to begin work on the Plan. A Guam Wetland Conservation Steering Committee headed by the Guam EPA and whose main membership includes representatives from the Guam Department of Agriculture, the Guam Bureau of Planning, the Guam Department of Land Management. The U. S. Army Corps of Engineers, The USDA Natural Resource Conservation Service, and the U. S. Fish and Wildlife Service also served as Committee members, as well as a member from the general public. The steering committee has provided recommendations to the committee chair (GEPA) and the consultant regarding the various plan components through monthly planning meetings and the review of proposed management alternatives, implementation strategies and evaluation techniques.
This DRAFT Guam Wetlands Conservation Plan is the result of the above described planning efforts. This DRAFT Plan will be submitted for public and agency review, including its presentation in at least three public hearings before being finalized and adopted by the Government of Guam.
Throughout this DRAFT Guam Wetland Conservation Plan there are words and phrases that may be unfamiliar to the reader or whose exact meaning may not be clear. A glossary of wetland words, terms and acronyms is contained in Appendix 1 of this Plan.
Many of these words possess specific definitions that are written in law so as not to be open to multiple interpretations. The foremost word requiring an exact, specific definition is WETLAND, a word having a specific, legal definition agreed upon by U. S. Army Corps of Engineers and the U. S. Environmental Protection Agency, the two primary federal agencies tasked with promulgating and enforcing the main federal law governing activities in wetlands, the Federal Water Pollution Control Act of 1972 (renamed The Clean Water Act in 1977). For regulatory and enforcement purposes, these two agencies define wetlands as:
"Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas."
Other, non conflicting but slightly different definitions are used by other government agencies to define the term wetland in order to clarify the word for the purpose of each agencies' mission. For example, the Food Security Act ("Swampbuster") which is administered by the National Resources Conservation Service defines wetlands as follows:
"land that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions".
The Government of Guam, in its existing wetland regulations, defined wetlands the same as the federal definition but includes references to aquatic life along with aquatic vegetation and makes references to mangroves, natural ponds, surface springs, and estuaries, in addition to swamps, marshes, bogs and similar areas.
While it is often clear what is and what is not a wetland (upland), problems and confrontation between regulators and the regulated community frequently arise in the determination of the wetland/upland boundary. The determination of this boundary is called DELINEATION. Delineation is subject to a well defined set of processes which involves the determination of the soils, hydrology and vegetation at a number of locations perpendicular to the suspected boundary in order to determine the location of the point where the wetland criteria are met. This process is carried out at numerous locations, the boundary points connected to define the wetland. The determination of whether the required wetland criteria are met utilizes methods and data and that have been developed by wetland scientists and accepted by regulators. The procedure is described in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" which was prepared by an interagency committee comprised of the U. S. Army Corps of Engineers, The U. S. Environmental Protection Agency, The U. S. Fish and Wildlife Service, and the U. S. D. A. Soil Conservation Service (now National Resource Conservation Service).
Guam's wetland resources are important for a number of reasons. The majority of the islands' wetlands are located above, along, and at the lowest reaches of the numerous rivers and streams at the southern half of the island. At the headwaters and above the many feeder streams, wetlands act to filter and trap fine sediments which are eroded from upland areas. This action helps to protect downstream water quality and aquatic ecosystems. These upstream wetlands also store, within their hydric soils and vegetation, water which is released gradually downstream, thereby moderating and supporting minimum stream flows during periods of little or no rainfall. This process maintains the biological integrity of the streams and plays an important part in maintaining biodiversity of aquatic flora and fauna.
Within the floodplains and along the banks of Guam's rivers, wetlands play an important part in preventing erosion by absorbing the energy of the streams' flow during periods of flood.
Guam's coastal wetlands protect the shoreline by consolidating sediments, absorbing energy from ocean waves and, in the case of mangroves actually creating new land through the process of consolidation and trapping of sediments.
Wetlands are some of the most productive ecosystems on earth. A primary reason for this is that wetlands process and recycle nutrients that wash into them from upland locations. This material is trapped by wetland vegetation, decays and is converted into nutrients which are utilized by vegetation and pass up the food chain. In situations where there is an excess of nutrients entering the wetland, due to pollution or other reasons, wetlands act as a natural treatment facility by processing, storing and utilizing nutrients that would otherwise overload other freshwater or marine systems.
This filtering and nutrient processing function of wetlands plays an important part in the maintenance of water quality within the Ugum and Fena watersheds, where surface water resources are exploited for human use. At the few locations where wetlands are found upstream from groundwater recharge areas, this filtering function also protects groundwater quality.
Guam's coastal wetlands, primarily the mangrove stands located within Apra Harbor and, to a lesser extent at a few locations along the southwest coast, act as nursery areas for species of marine fish and shellfish, which are used for human consumption. Though wetland agriculture plays a much smaller part than it did in the past, there is still commercial taro cultivation taking place within the Agana marsh. Much of the aquaculture activity now taking place on Guam is located within the floodplains along the lower reaches of the Talofofo and Inarajan rivers. This activity, while providing economic benefit, is controversial because wetland and floodplain functions are lost through this alteration of existing natural systems.
Guam's wetlands also provide an important setting for cultural, educational and recreational activities. The collection of native wetland plants and other resources for medicinal and other cultural practices are all important links to Guam's past. Recreational activities which take place within Guam's wetlands include hiking in natural areas, bird watching, and the aesthetic appreciation of the natural environment as well as damaging uses such as off-road mud trials. Also, recreational fishing occurs(talapia, eel, etc.). While limited at the present, Guam's wetlands also posses the potential for educational uses, such as acting as outdoor classrooms.
2.1 Introduction 2.2 Information Resources 2.3 Plan Setting 2.4 Guam's Wetland Resources: The Past 2.5 Guam's Wetland Resources: The Present 2.6 Guam's Wetland Resources: The Future
This Section describes the Plan setting and the resources that are subject to this DRAFT Guam Wetlands Conservation Plan.
Since the passage of important federal wetland protection regulations in the 1970's, a large body of information concerning wetlands in general, and Guam's wetland resources in particular, has become available. General texts that deal with the multiple disciplines which make up wetland science and which also include descriptions of the regulatory environment are available (refs ) and recommended for those wishing to better understand and appreciate this topic.
Copies of the various laws and regulations which govern activities in wetlands are available at a number of locations, including on the Internet. The federal government is also the source of the following important documents necessary to delineate wetland boundaries; The Federal Manual for Identifying and Delineating Wetlands (ref) and the National List of Plant Species That Occur in Wetlands Hawaii (Region H) (Reed 1988).
There exists a considerable amount of information which specifically relates to Guam's wetland resources. In 1983 the U. S. Fish and Wildlife Service produced their National Wetlands Inventory maps for the Island of Guam. This is the primary source of information concerning the location, size, and type of Guam's wetland resources. Other sources of graphic information related to Guam's resource is contained within the Soils maps found in the Soils Survey of Guam (ref), Flood Hazard Area Maps for Guam, delineation maps submitted with permit applications, and aerial photographs.
Written material important in the understanding of Guam's wetland resources includes monographs and field guides to the islands flora (stone, raulerson ) and fauna (bruner) as well as a number of site specific biological surveys of a number of the islands' wetlands. (uog, ). The Recovery Plan for the Mariana Common Moorhen (USFWS 1991) contains important information on the islands resources as does the Guam chapter in "A Directory of Wetlands in Oceania" (1993 Scott).
Appendix 2 of this Plan contains an inventory of most of the wetland resource material that relates to Guam.
This DRAFT Guam Wetlands Conservation Plan covers all of the fresh and brackish water wetlands on Guam. Special aquatic sites in the marine environment, such as sea grass beds and coral reefs, which are regulated in the same way as wetlands under section 404 of the CWA are not included.
Guam, with a land area of 212 square miles, is the largest and southernmost island of the Mariana Island chain. Guam is located at 13 degrees, 28 minutes north latitude, 144 degrees 45 minutes east longitude, well within the tropics. The weather is tropical marine with an annual daily temperature of 81 degrees Fahrenhieght. There are two distinct seasons, a dry season which lasts from January through May and a wet season which lasts from July through November; June and December are transitional months. The mean annual rainfall averages between 80 and 100 inches with 70% falling during the wet season. Typhoons and tropical storms are fairly common and generally occur during the wet season.
Guam is an uplifted volcanic island which is partially overlain with coralline limestone, a result of periodic submergence and emergence. The surface geology of the southern half of the island consists of nearly impermeable volcanic clays that were laid down under water. The region is mountainous and deeply incised by many streams and rivers. This geology accounts for the fact that the majority of Guam's wetlands are located in the south. The northern half of the island consists of a coralline limestone plateau which, at only two small areas, does the underlying volcanic substrate form outcroppings. This limestone is highly permeable and accounts for the fact that there are no surface streams or rivers in the north. At a few locations springs are found where the limestone meats the less permeable volcanic material below it at elevations above sea level. Maximum elevations range from 180 meters in the north and 400 meters in the south.
2.4 GUAM'S WETLAND RESOURCES: THE PAST
Guam and the rest of the Mariana Islands are oceanic islands which have never been connected to any continental landmass. Prior to the arrival of man on Guam the islands flora and fauna had become established and developed as the result of millions of years of chance colonization and subsequent adaptation to the islands environment. Pre settlement land fauna of the island was limited; the only species of mammal were two species of bats, reptiles were limited to skinks and geckos. Because of their better mobility and greater chances of reaching Guam the islands avifauna was more diverse and consisted of a number of endemic species. The biological setting of the island at the time of man's first arrival was much different than it is today. It is likely that much more of the island was forested and that the savanna grassland areas which now cover much of the south were proportionately smaller. Coastal wetlands such as estuarine and mangroves were much more extensive.
It is thought that man first arrived on Guam approximately 3,500 years before the present time by sea from south east Asia. The arrival of man brought on a many changes to all of the biological resources of the island. The pre-contact (by europeans) period lasted some 3,000 years during which the indigenous Chamorros practiced subsistence agriculture which included the cultivation of wetland food crops including rice and taro, harvested native plant and animal resources and, introduced a number of non-native species of plants and animals. Population estimates for Guam prior to the arrival of the first Europeans are as high as 100,000.
In 1521 the Portugese explorer, sailing for Spain, landed on Guam. This event began the post-contact phase of the island's history. The period of Spanish domination lasted some 350 years and the pace of change accelerated. Under the Spanish the indigenous population was decimated by war and disease. Many new plant and animal species were introduced and the first large scale civil works impacting wetlands were undertaken. The Spanish at the Agana marsh constructed a series of dikes as an attempt to grow rice, built roads and bridges.
In 1898 Guam was ceded to the United States of America under terms of the Treaty of Paris as a result of its victory over Spain during the Spanish American War. Up until the invasion by Japanese forces on December 8, 1941, at the start of World War Two, life on Guam continued much as it had under the Spanish.
Japanese occupation of the island lasted until July 21, 1944, when U. S. forces recaptured the island after heavy fighting. During the Japanese occupation agricultural production, much of which occurred in wetlands, was dramatically increased through forced work by the native population. The Japanese also constructed airfields and other military installations which impacted wetlands.
The extensive shelling of the island prior to the landing of American forces, the heavy fighting which took place during the recapture and, the extensive military buildup following recapture all had a dramatic nearly instantaneous negative impact on Guam's natural resources, including wetlands. The construction of extensive military facilities as a part of Guam's role as a major staging area for the planned invasion of the Japanese home islands affected nearly all areas on the island. Probably the most serious impact to wetlands occurred in the Apra Harbor, Orote Point and Sasa Valley areas where extensive mangrove and other wetlands were filled, or dredged.
Following the end of the war Guam was a staging area for the military demobilization of the western pacific. Though not realized at the time as the environmental disaster which it would eventually become the inadvertent introduction of the brown tree snake, Boiga irregularis, occurred at this time. Other than the construction and operations of military facilities there was little development activity. Economic grown did not begin on Guam until the mid to late 1960's. In the middle 1960's when the Viet Nam War escalating military activity greatly increased. At or about this time the tourist industry began with the construction of the first hotels.
From the early 1980's to the middle 1990's there was a construction boom on the island brought on by the rapid growth of the tourist industry. Construction of hotels and resorts increased until the Asian economic bubble burst
2.5 GUAM'S WETLAND RESOURCES: THE PRESENT
According to estimates made from the USFWS National Wetland Inventory mapping project for Guam, issued in 1983, Guam's wetland resources covered by this Plan total approximately 5,000 acres. This acerage equals slightly less than four percent of the islands total land area.
Guam's wetlands fall into four of the major wetland subclasses used by the USFWS to describe wetlands and are as follows:
1. Palustrine, forested; (freshwater swamps of woody vegetation). 2,170 acres in river valleys in southern Guam. Primarily Hibiscus and Pandanus typically along edges of emergent wetland areas and in areas with less water than emergent wetlands. In the Talofofo River valley there is an extensive forested wetland which is dominated by Barringtoinia racemosa.
2. Palustrine, emergent; (freshwater marshes dominated by reeds and sedges) 1,386 acres typically dominated by Phragmites karka. The largest is the Agana Marsh.
3. Lacustrine , (manmade open water impoundments); 27 acres; wetland margins of the fena reservoir and small man made ponds. Small in area but important as habitat for the endangered Mariana common moorhen.
4. Estuarine (mangrove and lower channels of rivers) 176 acres primarily mangroves located within the inner Apra harbor area and to a lesser extent in Merizo.
2.6 GUAM'S WETLAND RESOURCES: THE FUTURE
The myriad of local and federal regulations and programs currently in effect purportedly protect Guam's wetland resources with the national goal of "no net loss". But, because of the increasing population, economic growth, and the resultant pressure to develop in coastal areas and on the larger undeveloped tracts of land in the south, wetlands face a number of threats. Existing wetland-specific programs and regulations are, for the most part, limited to protecting wetlands from direct threats such as conversion by filling or dredging; activities considered to be point- source impacts. Non point source impacts such as sediment runoff and pollution draining from adjacent uplands are governed by other regulations which may not provide sufficient protection or which may allow for small incremental impacts which have cumulative affects.
Though development can be regulated, it cannot be completely eliminated, from potentially sensitive sites due to a number of factors including the governments recognition that private property owners have certain rights to develop upland sites for projects which will inevitably adversely affect wetlands within the watershed.
Because of Guam's small size and geological setting there may be no practicable alternatives to siting and building projects which impact wetlands. For example, federal regulations specifically prohibit locating municipal solid waste landfills at areas which may impact wetlands. On Guam, there is no alternative to siting an urgently needed new landfill facility in an area where wetlands will be affected. The only alternative would be to site the landfill in the north, over porous limestone soils, which overly the islands' Sole Source Aquifer, a less desirable alternative which would pose a potential adverse threat to much of the islands' drinking water. Because of this contradiction, Guam is in the process of assuming, from the federal government, its own solid waste management program which will allow some flexibility that allows exceptions for local conditions. Other infrastructure related facilities such as sewage treatment plants and lift stations require placement at low elevation within the service area which, in southern Guam, typically is wetland.
Activities in uplands affect wetlands and include such things as inappropriate development on erodible soils, poor construction practices and , project siting. Other sources of sediment loading are such things as brush fires and the indiscriminate use of off road vehicles.
Guam's wetlands face other, non-human, threats which are not easily controlled or mitigated for. The introduction of invasive, non-native, plants and animals can easily upset the existing balance which has developed over millinea. Water hyacynths are an example of a plant which has choked streams. Tilapia and catfish have invaded many of Guam's fresh water areas and have displaced native species. The wallowing activity of feral pigs and carabao increases erosion potential, and provides breeding areas for mosquitos, while waste from these animals introduces unatural1y high levels nutrients and poses potential health risks.
3.0 Goal and Objectives for Wetland Protection
3.1 Introduction 3.2 Plan Goal 3.3 Objectives
Guam's wetlands constitute a unique natural resource that is vulnerable to disturbance from human activity. Roughly one half of Guam's 200 square miles of land area is an uplifted limestone plateau, which does not support any permanent rivers and streams. Wetlands are limited to the coastal fringe in this area. Most of Guam's wetlands are confined to the volcanic soils of the southern mountain range and coastal areas. Historically, development has concentrated on the northern plateau and coastal fringe, and wetland impacts were minimal. This pattern has changed in the past two decades. The increase in population, and accelerated economic development, has increased pressure to develop in the more ecologically sensitive southern areas of the island. Of particular concern during the economic boom of the late 1980's, was the development (and proposed development) of large golf resorts at a number of locations in the southern half of the island. These areas were not well suited to such projects. Regulatory agency staff were not fully trained to evaluate and mitigate the complex impacts from these projects. Finally, the public were not aware of the value of the wetland resources that were affected.
In addition to the major impacts from the 1980s economic boom, many small impacts on the southern watersheds and coastal fringes continue to occur, due mainly to increased population pressure, combined with the same lack of knowledge about the valuable functions that wetlands perform. Individual impacts are generally small, but cumulative effects should be considered a concern.
The public, development community, and regulators now have an opportunity to learn from past mistakes and plan for more orderly development in the future. This Guam Wetland Conservation Plan is created to guide the island's decision-makers, developers and public, towards a balanced approach to wetlands conservation to assure the future of Guam's wetland resources.
Wetland Conservation Goal for Guam
To assure "No Net Loss" of the important values and functions of Guam's wetland resources, through a program of identification, conservation, public education and outreach, and legal protection.
One fundamental purpose of the Plan is to bring together various government agencies and programs and the private sector, in a unified approach to conserve Guam's wetlands. The Plan Goal aims to promote consistency in order to focus on the same end result. The Goal provides an overall federal government principle with which to guide the programs and activities carried out for wetland protection. The Goal program provides a standard in order to assess progress, and encourages cooperation between the public and the government agencies involved in wetlands protection.
Objectives are developed in order to meet the Plan Goal. Each Objective provides focus for the programs established in the Goal, and provides a basis for creation or enhancement of the programs for wetland protection. Four Plan Objectives are presented below.
3.3.1. Identification Objective
To adequately plan for the conservation of Guam's wetland resources it is important to know the extent and types of wetlands present. It is also necessary to rank them according to their value. The existing National Wetlands Inventory Maps for Guam give an aerial estimate of the extent of Guam's wetlands, and classifies them into different types, based on the Cowardin system. The Cowardin classification system uses the physical features of the wetlands, such as soil type, vegetation and water source, to describe the resource. Physical features are used because little has been determined about the functional attributes of Guam's wetlands at this time. Development of a classification system that includes functional attributes of wetlands will be one focus of this objective. A ranking and priority system will also be developed under this objective, and will be used to assess the value of individual wetlands. The principal elements of the Identification objective are presented below.
Identification - Identification aims to locate wetlands on Guam. To do so it will be necessary to prepare updated wetland inventory maps and compile data from other existing delineation maps, to produce a comprehensive, single-source inventory document. The new inventory maps must be in a format that will allow periodic updates or revisions, in order to maintain a current document.
Classification - Classification aims to expand on the Cowardin system currently in use. The proposed classification system will provide a description of the identified wetland, including information on wetland functional attributes, hydrology, vegetation, and soils.
Rank and Priority - A subjective ranking system will be developed to assess the value of each identified wetland. Rank and priority will be determined in terms of function, ecology, economics and aesthetics. Ranking will provide the basis to prioritize wetlands for conservation efforts.
Conservation of Guam's wetlands is an important focus of this Plan. Conservation is a multiple-component approach to wetlands protection that includes sustainable use, mitigation, preservation, and restoration. By using the components described below, conservation can be achieved through preservation of the most highly valued wetlands, comprehensive sustainable use practices for impacted wetlands, and mitigation for lost wetland functions and values. Wetlands that were impacted and degraded in the past can be restored to regain desirable functions.
Sustainable Use in conservation language is typically taken to mean controlled use of, or controlled impact on, a natural resource. This Plan defines sustainable use in terms of controlled use, or controlled impacts, for wetlands resources, within the limits of regulatory control. As defined, sustainable use assumes that some functions or values of the wetland resource will be lost, but that the more desirable ones will be maintained. Thus, sustainable use is distinct from preservation (no impact), and mitigation (impacts are addressed, and functions or values are regained elsewhere).
Mitigation - In this context, mitigation is meant to describe those measures used to offset or compensate for losses resulting from permitted activity. The mitigation objective aims to enhance the quality of mitigation projects through technical assistance to parties tasked with mitigation. Assistance can come from resource agencies, or approved technical documents, to provide clear guidelines for mitigation scope and schedules. Mitigation planning is largely a technical task that requires expertise in a diverse range of subjects. Parties tasked with mitigation often require technical assistance in order to meet the specific criteria outlined in the permit conditions. This assistance can be provided from the regulatory agencies, and wetland protection will be enhanced through the cooperative efforts between agencies and applicants.
Preservation - Preservation aims at the complete protection of the most highly valued, ecologically sensitive, or irreplaceable of Guam's wetlands resources. Preservation should be the method of choice when first evaluating a project including wetland areas. Preserved wetlands also benefit scientific study. This adds to the body of knowledge and provides information for revising or developing conservation measures.
Restoration - Restoration aims to re-establish the functions and values of wetlands that were disturbed by natural or man-made impacts. On Guam, wetland restoration efforts have occurred as a result of enforcement activity. In order to decide on an appropriate scope of effort for restoration, degraded wetlands must first be classified, ranked and prioritized, similar to existing, intact wetlands. Many of the elements discussed above for identification, classification and mitigation can be employed in restoration efforts. Potential funding sources for restoration projects will be an important focus of the restoration component.
Increased appreciation of the functions and value of wetlands, by professionals, government and the general public, is one key to successful implementation of this Plan. Public awareness can be raised through a program of education and outreach. Professional training for regulatory agency staff and the consultant community will promote better technical dialogue between applicants and regulators. This in turn will help eliminate confusion or misunderstanding on each side of the permitting process.
Public Education - Public education aims to develop wetlands curricula for middle and high schools, and at the college/university level. This can be accomplished directly through revision and additions to existing courses. It can also be achieved through continuing education courses for teacher training, so that teachers can develop their own curricula in wetlands science.
Professional Training - Professional training will primarily focus on government agency personnel and the consulting community. This objective aims to identify categories of personnel, in appropriate agencies, for professional development. Once trained, qualified regulatory personnel will provide professional training to the consultant community in the form of workshops and seminars. Visiting federal agency experts will also be part of workshops and seminar series.
Public Outreach - Public outreach aims to make wetlands conservation issues visible to the general public. This can be accomplished through the use of mass media, organized special events, and the creation of wetlands conservation areas with public access.
3.3.4 Regulatory/ Administrative Objective
Wetland protection is a legal requirement of the Clean Water Act, and other federal and Guam laws and regulations. Enforcement of these laws is the responsibility of local and federal officials. Existing regulations may not adequately address Guam's unique circumstances, or resources. This objective aims to promote a review of, and recommendations for revisions to, existing Guam laws and regulations in order to achieve the Goal of the plan - No net loss of wetland functions and values. Promulgation of new Guam laws will also be considered. Legal mandates are crucial as a basis for any conservation effort, yet are only minimally effective without proper enforcement capability. While criminal or civil remedies are least desirable from a conservation perspective, they must be part of a viable suite of conservation enforcement options.
The regulatory and administrative objective also aims to enhance the function of existing Government of Guam agencies, to improve the results of wetlands conservation efforts. Wetlands regulatory jurisdiction is the responsibility of more than one agency. This sometimes leads to gaps in regulatory reviews, overlap or parallel efforts, or duplication of efforts. By improving the efficiency of the regulatory process, agencies can improve wetlands protection efforts without an increase in costs for materials or personnel.
4.0 EVALUATION AND ANALYSIS OF EXISTING WETLAND PROGRAMS
4.1 Introduction 4.2 Guam Programs Applicable to Wetland Conservation 4.3 Federal Programs Applicable to Wetland Conservation 4.4 Agencies / Programs Evaluation 4.5 Conclusions
Wetlands and the values and functions that they perform do not recognize local, state, or even international boundaries. Because of this, impacts resulting from wetland alteration cannot be isolated and may affect areas far from the wetland, even outside of the local regulatory jurisdiction in which the affected wetland is located. Governments have recognized the need to protect wetland resources and to preserve their functions in order to protect the public and preserve commonly held resources.
On Guam, activities affecting wetlands are regulated by both the United States Federal Government and the Government of Guam. The purpose of this section of the Plan is to describe the Guam and Federal programs and then identify and evaluate areas of program overlap, areas where the two programs may conflict, and explore the dual role of some Government of Guam programs which are tasked with administering Federal programs.
4.2 Guam Programs Applicable to Wetland Conservation
Guam is an unincorporated Territory of the United States and has a unique position in terms of applicability of Federal laws and programs. For the purpose of wetland regulation, Guam is treated as a state of the union and is subject to the same laws as the states. Guam is also eligible to participate in federal wetland conservation programs. In terms of wetland regulation, Federal law supercedes Guam law. Because of this, Guam's assumption of the Guam Coastal Zone Management Program and the Guam "401 Water Quality Certification" program are critically important in giving local control over development affecting wetlands. In addition to federal wetland programs, Guam has developed its own set of laws regulating development and other activities in wetlands.
Prior to the passage of the Federal Clean Water Act (CWA) in 1972 there was essentially no protection for wetlands, either federal (other than in navigable waters, as narrowly defined at the time) or at the local Guam level. Following passage of the CWA and the creation of a comprehensive land use plan for the island, Governor Ricardo J. Bordallo signed Executive Order 78-21 which authorized the Territorial Planning Commission (now Guam Land Use Commission) to designate wetlands as Areas of Particular Concern and to develop and promulgate rules and regulations concerning development and conservation activities that might affect them. These rules and regulations promulgated under authority of Titles XVIII and XIV of the Government Code of Guam and are now the primary Territorial law governing activities in wetlands.
Under the Flood Hazard Area and Wetlands Rules and Regulations, the Department of Land Management acts as the management arm of the government which issues permits while the Department of Agriculture and the Guam Environmental Protection Agency provide technical expertise. In practice, the U. S. Army Corps of Engineers and, to a lesser extent, the U. S. Fish and Wildlife Service also provide technical input. This input is most evident in the determination if the activity will affect wetlands, the delineation of the wetlands, and in the formulation of appropriate mitigation measures.
The Guam Wetland Rules and Regulations (as amended by Executive Order 90-13) state that the 1983 National Wetland Inventory (NWI) Map is the official wetland map for Guam until such a time that a study is completed. At the present time, the NWI map for Guam is the official map. Areas under jurisdiction of the Rules and Regulations include all Government of Guam and private lands on Guam. Land under federal jurisdiction is not governed by the Guam rules and regulations, though still subject to all 404 provisions. Compliance with the Guam rules and regulations shall precede application for permits from the U. S. Army Corps of Engineers. Issuance of a permit for development by the GLUC shall not preclude the U.S. Army Corps of Engineers from denying an application under Sec. 404.
In addition to the above described Guam law, there are two Federal laws that allow the states and territories to administer federal programs greatly affecting wetlands. Guam has an approved Coastal Zone Management Program and an approved Section 401 Water Quality Certification Program. Guam's CZM program is administered by the Bureau of Planning while the 401 Water Quality Certification program is administered by the Guam Environmental Protection Agency. These important programs give Guam a powerful tool for managing the island's wetland resources, the denial of either the CZM consistency determination or the 401 certification can effectively veto the issuance of the Federal 404 permit.
Enforcement of wetland violations, such as unpermitted filling and other polluting discharges, is done primarily by the Guam Environmental Protection Agency, Water Division with some joint enforcement by GEPA, USEPA, and the Corps. Violators are usually charged with violations of the Guam Water Quality Standards.
4.2.3 The Guam Wetland Permitting Process
The procedure for application to the Guam Land Use Commission to undertake activities affecting wetlands roughly mirrors the Federal process though the decision making procedure is different. The applicant is required to submit a form titled "Wetland Permit Application to the Guam Land Use Commission". Information submitted includes the name of the applicant, the location, lot number, property ownership status, lot size and existing and proposed land use.
Additionally, the applicant is required to submit a Development Plan which shows the complete layout of the proposed project, including topography, existing structures, locations of property lines, easements, utilities, and drainage structures. The applicant is also required to submit additional information as may be required by the Chief Planner. Such information typically includes a delineation map, an environmental impact assessment, storm drainage calculations, a copy of the U. S. Army Corps of Engineers permit application, if available, and other information supporting the project's viability. A mitigation plan is also required for projects whose impacts are more than minimal.
Once the application is certified as being complete, copies are distributed to members of the Application Review Committee (ARC), a committee made up of representatives from 9 of the Government of Guam regulatory, utility and resource agencies. Agency personnel meet with the applicant to discuss the project. At this meeting, questions about the project are discussed and the applicant is given the opportunity to explain the project.
Following the ARC meeting, a public hearing or series of public hearings if the project is controversial, is held. Planning staff from the Department of Land Management and members of the Guam Land Use Commission Board attend the hearing.
Prior to the regularly scheduled meeting of the Guam Land Use Commission, the various Application Review Committee member agencies prepare and submit agency position statements. These position statements either recommend project approval, approval with conditions, or project disapproval. The planning staff at the Department of Land Management then prepare a project package for the individual Commission members. The Chief Planner, in practice, may also make an independent recommendation for the approval or disapproval of the project. Finally, the project goes before the GLUC meeting and the Commission, during a public meeting, is presented with the project by the applicant or their agent. The Commission hears the position statements of the ARC agencies and the recommendation of the Planning staff and votes on the project. A simple majority of the Commission members is required for project approval. Project approvals are generally issued with ARC Agency conditions and recommendations.
A flow chart for the Guam wetland permitting process is included as Figure 4.2-1.
4.3 Federal Programs Applicable to Wetland Conservation
Federal regulatory involvement affecting wetlands began with the passage of the Rivers and Harbors Act of 1899. Section 10 of the Act regulates activities that could affect the navigable capacity of a waterway such as dredging and filling of "navigable waters of the United States". While not specifically affecting wetlands or environmental protection, the law did establish, for the first time, federal jurisdiction over areas including what are now defined as wetlands. The U.S. Army Corps of Engineers was given the responsibility of administering the Act, but little attention was given to the protection or conservation of the nation's wetland resources.
The Federal Water Pollution Control Act (FWPCA) of 1972 and the FWPCA amendments of 1977 (33 U.S.C. Sections 1251-1376) which changed the name of the law to the "Clean Water Act", are the primary Federal laws which regulate activities in wetlands. Section 404 of the Act establishes the programs which regulate the discharge of dredged and fill material into waters of the United States, including wetlands. The Clean Water Act, including later amendments, defines what constitutes a wetland and what wetlands are under federal jurisdiction.
The question of jurisdiction and the definition of what constitutes a wetland have been contentious issues since the passage of the Clean Water Act. The current interpretation of the Act defines federal jurisdictional wetlands as those possessing the following three characteristics; that under normal circumstances they support a preponderance of hydrophytic vegetation, the substrate is predominantly undrained hydric soil, and the site possesses wetland hydrology. The methods for the determination of wetlands and the methods approved for the delineation of jurisdictional wetlands is contained in the 1987 Corps of Engineers, Wetlands Delineation Manual. Wetlands are included in the definition of "Waters of the United States" but all "Waters" are not necessarily wetlands.
Under section 404 the U. S. Army Corps of Engineers and the U. S. Environmental Protection Agency jointly administer the 404 program, each with different responsibilities. The Corps administers the permitting program, develops policy and guidance, and enforces Section 404 provisions. The USEPA develops and interprets environmental criteria used in evaluating permit applications, determines the scope of geographic jurisdiction, approves and oversees State 404 and 401 program assumption, identifies activities that are exempt, reviews and comments on individual permit applications, has the authority to veto Corps permit decisions, can elevate specific cases, and enforces Section 404 provisions.
Section 404(g) of the Clean Water Act allows states and territories to assume the Section 404 program to regulate activities in wetlands other than those which are traditionally used for navigation, and the adjacent wetlands. The section also sets forth the procedures for state program assumption. State assumption allows states to administer the Federal Section 404 permit program in certain waters within their jurisdiction thereby reducing the unnecessary duplication between state and Federal programs.
The requirements for state assumption are that the state program must:
Section 401 of the Clean Water Act allows states and territories to establish their own water quality standards providing that allowed pollutant levels do not exceed the national standard. The Act also requires that 404 permit issuance will not result in water quality degradation below state standards. In most cases, "Section 401 Water Quality certification" is required before a 404 permit can be issued. Section 401 also allows states to establish water quality standards specifically for wetlands.
The National Environmental Policy Act of 1969, "NEPA" (42 U.S.C. 4321 et seq.), requires that all federal agencies, including the Corps, consider the possible environmental impacts of proposed actions and projects. NEPA is especially important in wetland protection because it requires that all federal agencies and all actions undertaken with any federal involvement prepare environmental documentation (typically a Finding of No Significant Impact, Environmental Impact Assessment, or Environmental Impact Statement) which describes the action and its expected impacts in an impartial and scientific way. The Act affords the public an opportunity for full project review. NEPA also provides a mechanism to resolve disputes when federal agencies cannot agree upon permit decision provisions. Executive Order 11990 (an amendment to NEPA) applies to federal agencies that have programs, facilities, or plans involving federal wetlands. The Order instructs agencies to avoid construction in wetland areas when feasible alternatives exist. In order to comply with NEPA, federal agencies, such as the Federal Highway Administration, the Federal Aviation Administration and the United States Post Office, have prepared agency guidance documents which define procedures for compliance with NEPA. All of these documents specifically address wetland protection.
The Federal Emergency Wetlands Resources Act of 1986 recognized that wetlands contribute to our economy, food supply, environmental quality, and recreational resources. The Act provided a number of protection measures to slow the loss of wetlands, including acquisition of high priority wetlands.
The Fish and Wildlife Coordination Act of 1934 (amended 1946, 1958, 1977; U.S.C. 661-667e) requires that the Corps consider the comments of the Fish and Wildlife Service or the National Marine Fisheries Service before issuing a Section 404 permit.
Section 7 of The Endangered Species Act (ESA) of 1973 (16 U.S.C. Sections 1532 et seq.) protects against federal actions (such as the issuance of a 404 permit) which may destroy or adversely affect designated critical habitat or jeopardize the continued existence of a threatened or endangered species. The Act requires that the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service be consulted to determine the impact to critical habitat or to any species of plant or animal listed as threatened or endangered that will be caused by the issuance of a 404 permit.
In general, consultation with the USFWS must be initiated during review of a wetland permit application based on criteria specified by the Fish and Wildlife Coordination Act, the National Environmental Policy Act, and the Endangered Species Act. Additionally, coordination with the National Marine Fisheries Service may be appropriate for actions potentially affecting sea turtles when they are in the water.
Most ESA consultations with the USFWS are conducted informally with the Federal agency or a designated non-Federal representative. Informal consultations are an unstructured approach to meeting Section 7 requirements and include phone contacts, meetings, conversations, letters, project modifications and concurrences that occur prior to, (1) initiation of formal consultation because adverse effects cannot be avoided, or (2) Service concurrence that formal consultation is not necessary. There is no overall timetable for informal discussions although certain aspects of the process have specific timetables.
Informal consultations help the federal action agency determine whether a proposed action:
If an action agency determines a proposed action is likely to adversely affect listed species or critical habitat, formal consultation is conducted. Formal consultations are conducted to determine whether a project is likely to jeopardize the continued existence of a listed species (jeopardy) or destroy or adversely modify critical habitat (adverse modification).
The Coastal Zone Management Act of 1972 (16 U.S.C. Sections 1451 et seq.) provides states with financial incentives to adopt their own Coastal Zone Management Program to protect coastal resources, including wetlands. This Act provides states (and territories) with a means to veto the issuance of a 404 permit if the action is not consistent with the state CZM program. This "consistency determination" is a powerful tool that allows states considerable authority over federal activities within the coastal zone. Guam has an approved CZM program in which the entire island, including all wetlands, is within the coastal zone.
The Food Security Act of 1985 (16 U.S.C. Section 1201 et. seq.) contains provisions known as the "swampbuster program" which regulates agricultural activities in wetland areas and protects wetlands by withholding federal farm program benefits from any person who plants an agricultural commodity on a converted wetland that was converted by drainage, dredging, leveling, or any other means (after Dec. 23, 1985), and/or who converts a wetland for the purpose of or to make agricultural commodities production possible (after November 28, 1990).
The National Historic Preservation Act of 1966 created the Advisory Council on Historic Preservation, which has the authority to review activities that may affect properties listed, or eligible for listing, on the National Register of Historic places. Section 106 of the Act requires that federal agencies take into account the possible adverse affect on historic properties prior to undertaking any federal action (such as the issuance of a 404 permit) and that the Council on Historic preservation be afforded the opportunity to comment on the proposed action.
4.3.2 The Federal Wetland Permitting Process
The federal wetland permitting process is primarily governed by Section 404 of the Clean Water Act and is administered by The US Army Corps of Engineers. Coordination of the review of the application package by federal agencies is performed by the Corps.
Typically an applicant wishing to undertake any activity that may affect wetlands makes a preliminary visit to the local Corps office to determine the need for a permit, whether the activity may fall under any of the nationwide permits or require an individual permit, and to learn the application process. Nationwide permits may be issued for a number of activities that are deemed, individually or cumulatively, to have minimal environmental impacts and that fall into a number of predetermined categories. At the present time there are 43 categories of activities that may fall under the nationwide permit program. These permits are processed on the regional level (Corps) and require less documentation and have shorter processing time frames. Individual permits are required for activities that are likely to have significant impacts on the environment and will most likely require mitigation.
Mitigation is a procedure that helps to assure that wetland values and functions are not lost. NEPA defines mitigation as a sequential process where the applicant first must make every effort to avoid the adverse impact by not taking the action. If this is not possible, the impact should be minimized by limiting the degree of the action. Unavoidable impacts must then be rectified by repairing, rehabilitating, or restoring the affected environment. Next, the impact must be reduced or eliminated over time by preservation and maintenance operations over the life of the project. Finally, impacts must be compensated for by the replacement or provision of substitute resources or environments.
Once the need for a section 404 permit is ascertained, the permit application form (ENG Form 4345) is filled out and submitted.
The following information, at a minimum, is required:
Upon submission of the application documents and the Corps' determination that the information is complete, a file number is assigned. The Corps then issues a Public Notice "PCN" which is disseminated to the public, special interest groups, and local and federal agencies. Depending upon the nature of the activity, a 30 day (individual) comment period then takes place. The Corps then considers all comments and holds a public hearing, if requested or if the nature of the action warrants. Following the public comment period and hearing (if held), the district engineer makes a decision to either issue or deny the permit. If the permit is denied, the applicant is advised of the reason. Permits contain a number of general conditions and may often contain special conditions added to protect resources that the applicant must abide by.
The above described procedure may be complicated by a number of things. If there is the possibility that the activity may affect any plant or animal species protected by the Endangered Species Act, the Corps is required to initiate formal or informal Section 7 (of the ESA) consultation with the U. S. Fish and Wildlife Service. The Service then has 30 days, from the time they have determined that they have sufficient information, to prepare a "biological opinion" as to whether the action will adversely affect the species. If the Service determines that the project will have an adverse impact which can be eliminated or reduced through mitigation, then they will approve the project with conditions. If the Service is of the opinion that, even with mitigation, the project will "jeopardize the continued existence of the species", it may ask that the permit be denied.
Section 404 permits are not valid unless Section 401, Water Quality Certification is issued or waived by the state, or territorial jurisdiction, providing an approved state program is in place. State, or territorial, Coastal Zone Management consistency certification (or waiver) is also required. Finally the activity must conform to all other required permits (such as grading and building) and approvals.
A flow-chart which shows the federal permitting process is included as Figure 4.3-2.
4.4 Agencies / Programs Evaluation
The following discussion describes and evaluates areas of overlap, areas of conflict, constraints, and the benefits which now exist within and between the individual Government of Guam and Federal Government wetland agencies and programs. This analysis and evaluation is the result of information gathered and opinions of the various Guam Wetland Conservation Plan Steering Committee member agency personnel, who met monthly during the preparation of this DRAFT Plan and who also provided written review comments on the various preliminary submittals to the Committee. Additionally, the project consultants met individually with agency personnel at their place of work.
Steering Committee members include:
The principal problem with the Guam wetland permitting program, which is administered by the Guam Department of Land Management, is that the existing regulations are outdated and do not require sufficient information or project justification from permit applicants. The application procedure is vague and the amount and quality of information required from the applicant is up to the discretion of the Chief Planner.
Technical review of the application is typically adequate, but review agency personnel comment that the responsibilities of the individual agencies are poorly defined. This seems to be especially true with the Guam Environmental Protection Agency and the Division of Aquatic and Wildlife Resources. While the Guam wetland regulations infer that DAWR is the lead technical review agency, the burden, in recent years, has fallen disproportionately on GEPA. The reason for this is the turnover of key personnel at DAWR and the availability of the needed expertise at GEPA.
Another problem inherent with the Guam wetland permitting process is that, after the recommendations have been made by the various Application Review Committee agencies and public input has been received, the ultimate decision whether to approve the project, approve the project with conditions, or disapprove the project is subject to the vote of the Guam Land Use Commission. Commission Members are members of the general public and may not always base their decisions on an analysis of alternatives, public benefit, or the protection of the environment. Decisions are often seen as arbitrary and occasionally counter to agency recommendations.
Other land use laws administered by the Department of Land Management provide potential loopholes whereby a wetland may not be identified on a project site. Planning, design and land parceling is allowed to proceed without adequate field inspection or review. This may happen during the familial and agricultural subdivision process as well as the approval of zone changes (generally to Planned Unit Development or Resort) where approval is granted based on inaccurate or deficient maps and wetland data. Wetlands are usually identified when the need for construction permits such as grading, septic tank approval, and building permits arise. Property owners suffer the loss of development investment to that point when subdivisions result in the creation of land parcels which are unsuitable for development due to the presence of wetlands.
Also, since "One Stop Permitting" was implemented, technical review by wetland competent staff has been greatly reduced and often results in violations of otherwise permitted activities.
Certain projects are undertaken by individuals, and at times the Government of Guam, where the activity does not come under the review of the Department of Land Management or by the Department of Public Works Building Permit section. These projects typically include cleanup activities following typhoons and tropical storms and small scale projects such as clearing and grading by private property owners for the construction of driveways, access roads and parking for funerals and fiestas.
The existing wetland rules and regulations, do not provide for quick enforcement. The typical legal process can be several months or years including issuance of the Notice of Violation, Hearings and Court proceedings.
4.4.3 Federal Wetland Programs
Because of the nationwide applicability of the federal wetland permitting program administered by the U. S. Army Corps of Engineers, it is not appropriate to expect that the program would treat Guam's wetlands in any unique way. The need for a consistency determination by the Guam Coastal Zone Management Program and the issuance (or waiver) of the Section 401 Water Quality Certification by the Guam Environmental Protection Agency before a federal permit can be approved is the point whereby Guam can effectively be involved in the federal permit process.
Administration of the federal permit program on Guam does have some potential problems. The Corps of Engineers is the primary federal agency which deals with development-related wetland issues on Guam. Coordination with other federal agencies on permit issues is done through and by the local Corps office. This office deals with permit applications and wetland violations in the Commonwealth of the Northern Mariana Islands as well as on Guam. Additional responsibilities of the Guam Corps office include work on non-wetlands related Corps activities in the CNMI and on Guam. Following natural disasters the Guam corps office is often tasked with assisting FEMA in recovery efforts.
At the present time, the Guam office of the U. S. Army Corps of Engineers is staffed by one person. This lack of personnel and the large workload occasionally results in situations where the Corps is unable to immediately respond to requests by Government of Guam Agencies and the public for permit related assistance.
The current Guam based Corps representative is a long time resident who is the single most knowledgeable individual on the island concerning Guam's wetland resources (delineation, location, history of development activity and violations, etc.). Unfortunately, this important source of institutional knowledge is unlikely to be replaced when the current office holder eventually moves on.
4.4.4 Government of Guam/ Federal Government Overlap
There appears to be few, if any, conflicts between the Government of Guam and the Federal Government concerning the administration of the various wetland programs. Verification and approval of delineation maps is done jointly and information is shared freely. There is a certain amount of duplication in administration of the programs such as the need for separate permit application forms and procedures. This duplication is not seen as necessarily bad because it serves as one of the checks and balances that helps to prevent oversights. In practice, the federal permit process precedes the local Government Review and Government of Guam Agencies defer to the Corps when determining permit conditions and mitigation requirements.
The general consensus of both Guam and Federal wetland agency personnel is that the present programs generally work, that there are enough checks and balances built into the system to assure that the vast majority of wetlands are property protec