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HomeMy WebLinkAbout2000 Vol 1 No 1 Summer l FISHERS ISLAND CONSERVANCY, INC. Newsletter Volume 1, No.1 Summer 2000 Letter From The President To All Fishers Islanders: Environmentally, so much has happened on so many fronts over the past year, that at its most recent Board meeting in April, the Conservancy decided to publish an information newsletter under the editorship of Board member Ted Crane and distribute it Island- wide free of charge, with written contributions from both conser- vancy leadership and knowledge- able Fishers Islanders. We will vary the topics covered with each issue, and print letters to the edi- tor as the occasion warrants. Frequency of publication will be irregular, but will occur roughly every few months, and issuance will pay particular attention to timeliness of the topics, and rela- tionship of those topics to the life, lifestyle, and natural resource bal- ances of Fishers Island and its sur- rounding waters. Sadly, we are no longer just an isolated island that's pleasant to visit. Increasingly, we find our- TABLE OF CONTENTS Dumping the Saga ........ 2 Green Thoughts .......... 3 Letter from President ...... 1 Lobster Wars/Scars ....... 1 Mosquito Control ......... 4 News Bulletin ... . . . . . . . . . 6 Self Help Department. . . . . . 4 selves involved with natural, eco- logical, and environmental mat- ters that not only directly affect us, but leave impacts and pose problems that stretch far beyond our borders, and interface with similar environmental problems involving our neighbors in Long Island, Connecticut and even Rhode Island. Needless to say then, an edu- cated Island constituency is vital to understanding the problems and events of an environmental nature outlined on the following pages, as well as hopefully work- ing jointly towards finding solu- tions for them. Certainly, we hope you like our first issue. John H. Thatcher Jr. - President Lobster Wars/Scars The wheels of justice grind on in the two separate lawsuits by the State of Connecticut and a Mystic lobsterwoman challenging the constitutionality of the law on the books in New York since 1911 that restricts lobstering in the waters surrounding Fishers Island to New York residents. Connecticut's suit was dis- missed by the Federal District Court in Albany on the grounds that a suit between two states can only be heard in the U.s. Supreme Court. Connecticut Attorney General Richard Blumenthal appealed that decision to the Second Circuit Court of Appeals in New York. On July 7, 2000, the Circuit Court upheld Connect- icut's appeal in a 2-to-l decision, sending the case back to the Albany District Court. Judge Sotomayor wrote a very strong dissenting opinion, and we hope that New York will appeal the decision to the U. S. Supreme Court. Since its jurisdiction is at issue, we believe that there is a good chance that the Court would want to hear the case - and give our lobstermen their day in the highest court in the land! In any case, Blumenthal has been side- lined for a considerable period. Lobsterwoman Vivian Volo- var's suit in the same Federal Court in Albany is slogging through the pretrial discovery process, with each side subpoe- naing and deposing the other, and a trial tentatively set for later in the year. If Connecticut's suit does come back to the District Court, it is likely to be consolidated with the Volovar suit. Meanwhile, the conservancy and the Fishers Island Lob- stermen's Association continue their efforts to get the N.Y. Continued on Page 5 l 2 FISHERS ISLANR CONSERVANCY, lie. Dumping, the Saga After a procedural detour of some nine months while the Conservancy and its co-plaintiffs (including our Congressman Michael Forbes) cured a technical notice requirement, we were back in the Federal District Court in Long Island with our core allega- tions that the 1995-96 dumping of the Seawolf dredge spoils was conducted in clear violation and disregard of the Ocean Dumping Act (the ODA), to wit: the dredg- ing permits issued by the Army Corps of Engineers were not issued in accordance with the ODA and were void; the dredge spoils were not subject to the bioassay tests required by the ODA; the New London Dumpsite had not been tested or designated as a disposal site as required by the ODA, and had no monitoring and management plan as required by the ODA. And the plaintiffs were seeking the same remedies for these clear violations of law that we have sought since the Court denied our request for an injunction in 1996, to wit: that the EPA and the Army corps monitor and test the Dumpsite and take whatever remedial action may be appropriate and practical if the ecosystem is exposed to danger- ous contamination, and that no further dumping be permitted at the New London Dumpsite (except for private projects less than 25,000 cubic yards, such as marinas, which are exempt form the ODA) until a monitoring and management plan has been imple- mented and the site has been properly tested and designated in accordance with the criteria and procedures of the ODA. Un- fortunately, despite these clear violations of the ODA, which the Army Corps and the EPA have never formally denied during the five-year course of this litigation (because, we believe, they can- not), on June 28, 2000 the Court dismissed the case in another in a series of quite remarkable rulings. We are now considering an appeal of this decision (there are ample grounds) and the prospects of having the case remanded to a Court who might be more sensi- tive to abuses of the law by gov- ernmental agencies. This has been a long, frustrat- ing and lonely battle for the plain- tiffs, but one very tangible and direct result of the suit was the decision by the EPA last year to finally begin to Comply with the ODA - 18 years after it was extended to Long Island Sound by N.Y. Representative Ambro's Amendment! - by starting the process for designating one or more disposal sites for the Sound. Conservancy members (including John Thatcher, Margie Purnell, and Barry Bryan) are participating actively in these proceedings to be sure that they do not turn into a heavily processed and papered ratification of business as usual by the Army Corps. We do not believe that the New London Dumpsite (located at the north end of the Race, just over a mile from Fishers Island), with its shal- low waters, strong tidal currents, bisected by a commercial and mil- itary navigation channel, and sur- rounded by lobster, fin fish and shellfish habitats and fisheries, could pass muster in an objective application of the criteria laid down by the ODA. Plain common sense tells us that this is not the place to dump contaminated dredge spoils. The site designation process itself will take several years, start- ing with the development of an environmental impact statement that must consider alternative dis- posal technologies and alternative upland as well as confined and open-water disposal sites. The outbreak of lobster shell disease this past winter and the observation of Island lobstermen that it was heaviest in the waters near the New London Dumpsite underscored the importance of the EPA's site designation process to the Island and the lack of scien- tific data that should have been developed by the EPA over the past 18 years. It also brought wel- come support to our efforts in the dumping arena from New York State (which has been largely silent for the last five years, while the "David" Fishers Island Con- servancy and friends took on the "Goliath" military-industrial com- plex of the Navy, Army, EPA and whole State of Connecticut). The N.Y. Attorney General sent a strongly worded letter to the EPA demanding that there be no more dumping at the New London Dumpsite until research can be completed investigating whether there is a link between the con- taminated dredge spoils dumped there and the shell disease. (See the separate "Lobster Wars /- Scars" story in this Newsletter.) For several years Rep. Forbes has been trying to strengthen and clarify the Ambro Amendment and the application of the ODA to Long Island Sound. The Conser- vancy has no objection to these efforts, but feels that the law is fine as it stands. What has been missing is compliance with the law by the two federal agencies charged with enforcing it, the EPA and the Army Corps. At the same time it is rumored that the Connecticut Congress- Continued on Page 5 FISHERS ISLAiD CDiSERVAiCY, INt 3 Green Thoughts - Summer 2000 by Leila Hadley Luce This article is excerpted by Mrs. Luce from a previous and longer article published recently in the Fishers Island Gazette. Members of the Fishers Island Conservancy Board and I are deeply concerned by the use on Fishers Island of chemical fungi- cides, pesticides, and herbicides that can poison and kill bees, but- terfly caterpillars, butterflies, humming birds, songbirds, and beneficial insects, all of which are valuable pollinators and garden helpers. We urge everyone to employ organic techniques in pri- vate gardens and public spaces. I've discovered that copper strips placed around the perime- ter of flower, shrub, and vegetable beds are an excellent deterrent to the slugs and snails that make lacework out of our hostas. Lengths of board laid between garden rows, or strewing lettuce or cabbage leaves on bare earth will attract a host of slugs, snails, grubs, and cutworms. These pests can then be captured and shaken into soapy water or a mild solu- tion of rubbing alcohol and destroyed. Blackspot and powdery mildew? Dissolve three (3) table- spoons of baking soda per gallon of soapy water as a spray after rain. To control aphids, zap with jets of water, wipe leaves with a Q-tip or washcloth dipped in rub- bing alcohol, or with a mild solu- tion of dishwashing detergent. Use neem oil product to control Japanese beetles, or hand-pick them and drop them into a buck- et of soapy water or a solution of rubbing alcohol. Use boiling water or gas-or-oil-fueled torches or flamers to demolish crab grass or other annual or perennial weeds that resist pulling or dig- ging up. Then cultivate the ground and reseed. Dozens of other effective strategies for safe pest control are outlined in the Brooklyn Botanic Garden's Desk Reference, edited by Janet Marinelli and published by Henry Holt, a copy of which is available in our Fishers Island Library. My bird-watching husband and I provide fresh water, bird- seed, suet, and a few dozen nest- ing boxes on our property, plus trees, shrubs, and flowers which also offer food and cover for birds, bees, and butterflies. Birds get rid of a lot of troublesome grubs and insects. They pollinate flowers, fruits, and berries. They help fertilize lawn and garden. They present us with unexpected plants and add immeasurably to our pleasure with their colors, flights, songs, and presence. If you would like to join over 21,000 property owners in the U.s. and Canada, as we have, in offering wildlife habitat, promoting com- mon-sense conservation by reduc- ing or eliminating the need for fer- tilizers, pesticides or irrigation water, easy step-by-step instruc- tions on how to create a Backyard Wildlife Habitat may by had by telephoning (703) 790-4100 or by writing to the National Wildlife Federation, 8925 Leesburg Pike, Vienna, VIrginia 22184-0001. The NWF on request will send you a list of plants to attract birds and butterflies, information about ponds, wildflower gardens, inva- Continued on Page 5 Photo @ Louisa Preston Race Rock Light - Fishers Island, New York 4 FISHERS ISLANR CONSERVANCt INC. MOSQUITO CONTROL As most Fishers Islanders may know by now, we had a horrific mosquito "blitz" last fall in the rainy aftermath of hurricane "Floyd". For several weeks it was not very pleasant on our beautiful Island until cooler weather arrived in mid-October and made things much more bearable. Fortunately, too, we got our mid- summer mosquito crew back for emergency duty on weekends, and thanks to their help we were able to forget the pesky biters as the fall season went on. We also managed to avoid any cases of the West Nile Virus - the serious mosquito-borne ailment that plagued the New York Metropolitan Area last October, but which fortunately stayed well to our west. Still, one thing became very clear. We simply need to do something about the unavoidable departure of our reg- ular mosquito control crew in late August. They may be perfectly well qualified and state-certified, but they are also college juniors and seniors, and they need to get back to classes by Labor Day at the latest, and their return in a pinch can only be on a week-end basis at best. Obviously we need a solution that will serve the Island all year round (particularly since we have nearly 30 species of mos- quito to handle) and we think such a solution requires a year- round Island resident to run it, or at least a qualified resident who can remain here during the key mosquito months of May and September. Last fall, during the mosquito blitz attendant on hurricane "Floyd", at least 5 people were interested in such a job, and coun- ty funding was found to support it financially. Over the winter months, however, with mosqui- toes safely in hibernation, such interest rapidly waned, so that none were left of the the original five by late spring and early sum- mer. Hopefully, this discouraging state of affairs can be reversed - and quickly. Any responsible Fishers Island residents interested in mosquito control using safe, non-toxic larvicide, should call our current crew chief Megan Gallagher at 788-7130. Training and certification expenses will be bourne by the Fishers Island Conservancy. Meanwhile, an urgent search will begin at once for an emergency September replacement. We'll do our best, and thank our readers for their understanding and their patience. SELF HELP DEPARTMENT Reducing mosquitoes to a minimum on Fishers Island The most important measures to take revolve around eliminating stagnant or standing water - even in seemingly tiny amounts. Mosquitoes often need less than a teacup of water to lay and hatch their eggs successfully. Remember to a) change water in bird-baths at least twice a week and after every heavy rain; b) clean out gutter down-spouts to eliminate any blockage of leaves, etc. that might collect backed-up water; c) check and/or elimi- nate standing water in any child's play-toy, bucket, or wading pool that might collect _ rainwater in your yard; and d) make sure no abandoned tires are around to collect rainwater for breeding spots under the rim. Mosquitoes love discarded tires, so if you see a strange one, please call 788-7130 on an Island phone to report the location to our Island mosquito control crew. It's harder than you think to com- pletely empty an abandoned spare tire of its col- lected water, whereas the mosquito crew can use a non-toxic BTI briquet that will render the water in the tire harmless for a month or more. Lastly, if you own a small boat without a self-bailing cockpit, check it after every rain, and if you see moving lit- tle black specks, call the mosquito crew. I remember once finding three or four hundred mosquito larvae in my own small dinghy's bilges when there was less than 1/2 inch of ,",' ~. water in the stern - no more than a cup or two. Above all, for any questions, or to report anything, please call Megan Gallagher, Elizabeth Muller, or Bridget Thomas at 788-7130. They are courteous, well- trained, and state-certified to handle any problems you might run into. They are also trained and empowered to call in county authorities in any emergency. l. FISHERS ISIANH CONSERVANCY, INt 5 Lobster Wars/Scars Continued from Page 1 Department of Environmental Conservation to establish a "con- servation zone" around the Island, with a 500-pot limit and other regulations designed to pre- vent over fishing by both the 1000-5000 pot boats from Montauk who have carpet-potted east end Island waters for the past two years, as well as by the hoard of Connecticut lobstermen that would likely invade Island waters if the 1911 law were invalidated. As if over fishing were not threat enough to the Island's important lobster industry, this winter saw the lobster shell dis- ease detected here two years ago reach nearly epidemic propor- tions. Island lobstermen found the disease particularly prevalent at the west end of the Island near the New London Dumpsite. Their finding is consistent with studies of the disease in Maine and New Jersey, which have shown that its incidence is higher in polluted waters. The disease is believed to be caused by a virus or bacteria that externally attacks and even- tually penetrates and weakens the shell and makes the lobster vul- nerable to attack. There is no evi- dence that the disease affects the safety or quality of the meat for human consumption, but the eco- nomic effect on lobstering is almost equally devastating, for the lesion-pocked lobsters are not marketable. With shell disease in the east end of Long Island Sound and the par- asitic lobster kill last fall in the west, the plight of the lobster fish- ery has become a major issue in the process launched by the U.S. EPA last fall to designate one or more disposal sites for dredged sediments in the Sound. Recently the New York Attorney General weighed in with a powerful and welcome letter to the EPA, demanding that no further dump- ing take place at the New London site until research is done to estab- lish that there is no connection between the contaminated Sea wolf dredge spoils dumped there in 1995-96 and the recent outbreak of shell disease in Fishers Island waters. (See sepa- rate "Dumping" story in this Newsletter.) In this regard, the Con- servancy has contacted a leading specialist in lobster shell disease at the University of Maine, and is exploring with her the possibility of conducting a research project focused on the disease here in Fishers Island Sound. Such a study could be useful to our Island lobstermen and fill a gap in scientific knowledge about the New London Dumpsite that the EPA and Army Corps of Engineers have over the years not been in a hurry to close. Dumping, the Saga Continued from Page 2 ional delegation is mounting ini- tiatives to repeal the Ambro Amendment and remove the pro- tections of the ODA from Long Island Sound. Since this same Connecticut delegation spear- headed a successful movement last April to get Congress to ear- mark $320 million to clean up the Sound, it would seem particularly perverse to them now to advocate loosening the rules on dumping in the Sound. But stranger things have happened in the corridors of Congress, so we, and New York's Congressional representatives, must be on the alert. Green Thoughts Continued from Page 3 sive plants to discourage, and other habitat issues of interest. Lori Liddick, a program intern, suggests calling her directly at (703) 790-4294 if you would like personal help, suggestions, or additional information. Diseased Lobster Photo @ Geb Cook , I fi FISHERS ISLAND CONSERVANCY, INe. NEWS BULLETIN Because of the many environmental crises affect- ing both the Island and Long Island Sound in gener- al many followers of the environmental scene have felt that a new group should be formed that is sound- wide in scope, and that will supplement the work of the Fishers Island Conservancy, but certainly not replace it. Perhaps appropriately, members Ellie Kelly, Barry Bryan, and John Thatcher of the Conservancy have supported this new group which is called "The Friends of Long Island Sound". This group has already been formed, has obtained 501:c-3 tax exempt status, and has formed a region-wide group of seven environmentalists as officers and board members, including John Thatcher, Jr. of Fishers Island. National groups such as the American Littoral Society and Coast Alliance are represented as well as regional groupings like Clean Ocean Action and the Bay-Keeper of Peconic and Gardeners Bays. Jim King, Long Island Lobstermen's Association President in }I3:0'lOH X09. 11 the early 90's and current Southold Trustee, is also on board, and this leadership group is still in process of formation, and only yesterday a top leader of the North Fork Environmental Council and another two from the Concerned Citizens of Montauk (Rav Friedel and Julie Evans-Brumm) have assumed leadership positions. The outlook is bright for this new group - and there is no question but that its work will be an environmental alliance benefiting Fishers Island and the Long Island Sound as a whole. Even more, the Conservancy Board, in voting to support the new organization, made it plain that our once proud isola- tion is no longer an effective barrier against invasive environmental threats from beyond our immediate borders. We need both alliances with like-minded organizations, and communication with regional groupings who think as we do, to effectively protect Fishers Island and its host of nearly unique environ- mental resources. 06\:90 )jloA MaN 'PUl!ISj Slal.{s!tI \:SS xog 'O'd ':lUj ',{;)ul?A.1asuoJ pUI?lsI slal.{sH