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Governor's Saltwater Marsh Die-Off Action Plan Executive Order
In the body of this message and attached
in PDF format is the Governor's
Saltwater Marsh Die-Off Action Plan Executive Order No. MJF 2000 - 41.
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STATE OF LOUISIANA
EXECUTIVE DEPARTMENT
BATON ROUGE
EXECUTIVE ORDER NO. MJF 2000 - 41
SALTWATER MARSH DIE-OFF ACTION PLAN
WHEREAS, forty percent (40%) of the saltwater marshes in the contiguous
United States are found in the state of Louisiana; nonetheless, Louisiana
has lost more than fifteen hundred (1,500) square miles of marsh since
1930, which is the highest rate of land loss in the nation, and Louisiana
is continuing to lose marsh land at a rate of twenty-five (25) to thirty-five
(35) square miles a year;
WHEREAS, saltwater marshes are vital to the state of Louisiana as both
a critical component of the state's coastal wetland ecosystem and a
first line of defense in the state's coordinated system to protect
coastal communities against harm from storm surges and hurricanes;
WHEREAS, during the spring of 2000, state and federal officials made
the alarming discovery of the "brown marsh phenomenon,"
also referred to as "saltwater marsh die-off," an unusually
extensive browning and/or die-off of the normally lush green saltwater
marsh grass Spartina alterniflora, known more commonly as oyster grass
or smooth cordgrass (hereafter "marsh grass");
WHEREAS, a collaborative team of state and federal officials and university
scientists, coordinated by the governor's executive assistant for coastal
activities, promptly mobilized to determine a) the extent of the
affected saltwater marsh area, b) whether the browning and/or die-off
is spreading, c) the causes of the browning and/or die-off, d) the possible
short-term protective measures and long-term remediation and/or recovery
strategies, and e) the possible funding sources for research and remediation
to prevent the reoccurrence of the browning and/or die-off;
WHEREAS, the collaborative team determined that the saltwater marsh
area in the state of Louisiana primarily affected is located between
the deltas of the Atchafalaya River and the Mississippi River in the
parishes of Lafourche, Terrebonne, Jefferson, and Plaquemines, centering
in the Barataria-Terrebonne National Estuary (hereafter "Estuary"),
a fragile wetland area containing approximately three hundred ninety
thousand (390,000) acres of saltwater marsh, of which about one hundred
ten thousand (110,000) acres is severely impacted and about one hundred
fifty thousand (150,000) acres is moderately impacted;
WHEREAS, of the severely impacted saltwater marsh acreage in the Estuary,
at least seventeen thousand (17,000) acres of marsh grasses have already
converted from dense vegetation to open mud flats with little or no
vegetation and without roots to hold the land together and prevent erosion;
consequently, it is likely that Louisiana's already
staggering rate of annual land loss will be greatly exacerbated;
WHEREAS, although the investigations of the collaborative team are still
on-going, preliminary findings indicate the likely cause of the browning
and/or die-off is a lack of fresh water flow resulting from record drought,
record high temperatures, abnormally low water levels in the Mississippi
River during the spring, and unusually low summer tides, the combination
of which severely compounded the long-term effects of the nation's extensive
levee system which limits natural fresh water flow to Louisiana's saltwater
marshes;
WHEREAS, the combination of recent events and the nation's levee system
has caused a lack of fresh water and/or periodic flooding essential
to saltwater marshes for replenishing the water table and maintaining
the normal salinity levels of the marshes;
WHEREAS, because the browning and/or die-off of the saltwater marshes
constitutes a natural disaster that has created an immediate threat
to public health and safety, the environment, and public and private
property, on October 23, 2000, the governor issued Proclamation No.
55 MJF 2000, which declares a state of emergency to exist in the parishes
of Lafourche, Terrebonne, Jefferson and Plaquemines; and
WHEREAS, the Wetlands Conservation and Restoration Authority (hereafter
"Authority") is the entity legislatively mandated to provide
aggressive state leadership and direction in the development and implementation
of the state of Louisiana's Wetlands Conservation and Restoration Plan
and its wetlands related policies, the best interests of the citizens
of the state of Louisiana shall be served by the Authority and the governor's
executive assistant for coastal activities immediately performing duties
specifically related to saltwater marsh browning and/or die-off;
NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., Governor of the
state of Louisiana, by virtue of the authority vested by the Constitution
and the laws of the state of Louisiana, do hereby order and direct as
follows:
SECTION 1: In conjunction with its statutory duties set forth in R.S.
49:213.1, et seq., the Wetlands Conservation and Restoration Authority
(hereafter "Authority"), under the direction of the
governor's executive assistant for coastal activities (hereafter "executive
assistant"), shall immediately take all feasible and necessary
action to
respond to and/or remediate the unusual saltwater marsh browning and/or
die-off of the normally lush green saltwater marsh grass Spartina alterniflora,
in the parishes of Lafourche, Terrebonne, Jefferson, and Plaquemines.
This remedial and/or responsive action shall include, but is not limited
to, completing the following actions by January 31, 2001:
A. Developing a prioritization plan for stabilizing the saltwater marsh
areas in the parishes of Lafourche, Terrebonne, Jefferson, and Plaquemines
(hereafter "affected parishes"), which are most severely affected
by browning and/or die-off and giving priority ranking to the marsh
areas considered severely or moderately impacted that are located in
the vicinity of coastal communities, fresh water drinking sources, emergency
evacuation routes, and/or flood protection systems;
B. Developing an emergency contingency plan for reintroducing a sufficient
amount of freshwater to the saltwater marshes in the affected parishes
to achieve normal water salinity levels, and identifying factors and/or
events that would occur prior to the institution of such an emergency
contingency plan;
C. Evaluating the feasibility of expediting the construction and early
operation of the Davis Pond Diversion Project;
D. Evaluating the feasibility of expanding the operational functions
of existing structures, such as the Old River Control Structure, pump
stations, and/or navigational locks, to include non-traditional wetland
restoration uses;
E. Evaluating the feasibility of expediting proposed projects to divert
additional fresh water from the Mississippi and Atchafalaya Rivers;
and
F. Evaluating the potential for utilizing satellite remote sensing and
computer modeling technology to monitor wetland conditions and optimize
management of available fresh water.
SECTION 2: As far as practicable, the executive assistant and the Authority
shall collaborate and work in conjunction with the executive director
of the Barataria-Terrebonne National Estuary Program to fulfill the
duties set forth in Section 1 of this Order.
SECTION 3: On or before January 31, 2001, the Authority and the executive
assistant shall jointly submit to the governor, through the governor's
special assistant for environmental affairs, a comprehensive report
which addresses the issues set forth in Section 1 of this Order.
SECTION 4: All departments, commissions, boards, agencies, and offices
of the state, or any political subdivision thereof, are authorized and
directed to cooperate in the implementation of the provisions of this
Order.
SECTION 5: This Order is effective upon signature and shall continue
in effect until January 31, 2001, unless amended, modified, terminated,
or rescinded by the governor, or terminated by operation of law prior
to that date.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed
the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge,
on this 27th day of October, 2000.
GOVERNOR OF LOUISIANA
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