DelawareAudubon

www.delawareaudubon.org Vol. XXXI No. 1 • Spring 2009

Lawsuit Ends Cooperative Farming Agreements

at Prime Hook National Wildlife Refuge
Farming with Genetically Modified Crops Also Banned;
Ruling May Affect Farming on Scores of Other Refuges
A federal court has ordered the U.S. Fish & Wildlife
Service to stop all cooperative farming agreements, as
well as the planting of genetically engineered (GE) crops
on its Prime Hook National Wildlife Refuge in Delaware.
While the ruling is limited to Prime Hook, the lawsuit may
serve as a model for similar litigation at more than 80
other national wildlife refuges now growing GE crops.

Photo © 2006 Rich Weiner

Filed in April 2006 by the Mid-Atlantic Environmental Law
Center on behalf of the Delaware Audubon Society, Public
Employees for Environmental Responsibility (PEER) and
the Center for Food Safety, the federal suit charged that
the Fish & Wildlife Service had illegally entered into
Cooperative Farming Agreements with private parties,
allowing hundreds of acres to be plowed over without required environmental review and contrary to the Service’s own
policy prohibiting GE crops.

“It is unfortunate that we had to file suit against the Service to get it to comply with its own policies,” noted Nicholas
DiPasquale, Conservation Chair for Delaware Audubon. “It is clear that this Refuge Manager had abdicated control over
farming operations at Prime Hook just as it is also clear that farming practices have been extremely destructive to the
forested uplands at the refuge.”

Cooperative farming at the Prime Hook NWR resulted in damage to the biological integrity and environmental health of
the refuge, and was inconsistent with the purposes for which the refuge was established, according to the lawsuit.

“These farming programs chew up the habitat that is supposed to provide refuge for wildlife,” stated Grady Hocutt, a
former long-time refuge manager who now directs the PEER refuge program. “Genetically modified crops serve no
legitimate refuge purpose and have no business being grown there.”

Farming within wildlife refuges often interferes with the protection of the wildlife and the native grasses that the national
refuge system is designed to protect. Scientists also warn the use of genetically engineered crops can lead to increased
pesticide use on refuges and can have additional negative effects on birds, aquatic animals, and other wildlife.

The court ruling blocks future agricultural operations on Prime Hook until compatibility determinations required by the
National Wildlife Refuge System Administration Act and environmental assessments required by the National
Environmental Policy Act have been completed.

“The Court’s decision is clearly a victory in the public interest, an unambiguous statement on government
mismanagement, and an indictment against the use of public resources for private economic gain,” said DiPasquale. „
FROM THE PRESIDENT
It’s time for a little reminiscing, folks. I have had the honor Limulus Polyphemus
of sorting and archiving our historical records as we moved (Horseshoe Crab)
them to our new office space at Plaza 273 in Christiana,
Delaware. The browning dune grass is a harbinger
While I have been reviewing the history of the organization, I of the winter soon to arrive.
was impressed by the environmentalists who have led this The gentle thud of waves on the deserted beach –
group since its founding. It is an honor to follow the likes of less the noise of summer tourists.
Dorothy Miller, Ann Rydgren, Lynne Frink, Barbara Lundberg, Lifts my spirit – thoughts come alive
Nancy Frampton, Bob and Trudy Wendt, Dick and Grace Pierce-Beck, Leslie of a sea creature from long ago –
Savage, Asha Iyengar, Matt DelPizzo, Bob Davis, Andy Urquhart, Peggy and Fred
Limulus Polyphemus
Jahn, Irene Goverts, Kathy Tidball, Kay Tebbens, and others.
Their work was outstanding for a group of volunteers: It existed before the dinosaurs along our bay
ƒ Ann produced an award-winning newsletter and started the Important sustaining the thousands of hungry shorebirds
Bird Areas (IBA) project, among her many contributions.
that feasted on their eggs for food.
ƒ Peggy did outstanding work on the Least Tern project, the Bluebird
House project, and led a host of field trips throughout the area.
They continue this vital function today
ƒ Lynne and Barbara established Tri-State Bird Rescue, now a leading and provide developments in medicine that will
bird rescue organization in the nation. do mankind much good.
ƒ Leslie fought – and continues to fight – river dredging.
ƒ Trudy, Kay, Kathy, and others worked with Delaware teachers to This pre-historic creature with its helmet-like
establish the popular Audubon Adventures school program. shell is not a crab at all.
ƒ Dorothy led the charge to preserve the White Clay Creek Watershed. It’s related to spiders and scorpions –
ƒ Bob D. could even find humor in environmental matters.
ƒ Matt was always willing to go toe-to-toe with anyone on the Horseshoe
and hibernates in the mud of the sea
Crab issue. come the winds of fall.
ƒ Bob W. helped me learn Audubon accounting. The horseshoe crab will remain environmentally
invaluable to Earth’s denizens.
There are too many people to thank—far too many. I am archiving their work
and hope to gradually make the results available. Anyone looking for a history
of the achievements of our organization will be able to access this information on
our website, at www.delawareaudubon.org.
I must also thank the late, great Grace Pierce-Beck. In rummaging through
these old records, I found a poem Grace had composed and sent to Ann. Her cover note reads:
“Dear Ann, The poem is an afterthought. If you can use it or improve it, please do. Grace.”
Well, once I read the poem I believe it needs to see the light of day for our members. It didn’t need improvement from Ann (trust me,
Ann can improve the written word as only a great editor can do). The poem is pure Grace.

Mark Martell

THE DELAWARE AUDUBON NEWSLETTER IS PUBLISHED  TELEPHONE:

QUARTERLY BY THE DELAWARE AUDUBON SOCIETY.
302.292.3970
DESIGN & LAYOUT ........................................... STEVEN BREUKELMAN
PRINTING .........................................SPRINT QUALITY PRINTING, INC.
 MAILING ADDRESS:
Delaware Audubon Society
56 W. Main Street, Suite 212 B
The Delaware Audubon Society, incorporated Christiana, DE 19702-1500
in 1977, is a statewide chapter of the National
Audubon Society.  EMAIL ADDRESS:
Printed on recycled paper. dasmail@delawareaudubon.org
Delaware River Main Channel
Deepening Project Update
On April 6, 2009, the Army Corps of Engineers released an
Environmental Assessment report asserting that no new
environmental studies were required by law for the proposal
to deepen the Delaware River’s main navigation channel.
The public notice announcing the release provides no
opportunity for public review or comment, nor does it solicit
input from other state and federal environmental agencies
that have legal obligations to review the project. The public
notice can be found at:
www.nap.usace.army.mil/cenap-pa/news.htm#public
The New Jersey Coastal Zone Consistency determination
issued in 1997 for the Project was revoked by letter dated
September 30, 2002, from then NJDEP Commissioner Bradley
Campbell. This determination of revocation was based upon
a 5-year lapse of time since issuance, the significant amount
of new economic and environmental information that had
been received on the project, and changes to the Project. In
addition, according to New Jersey, the Clean Water Act
Section 401 certification it issued for the project expired on
its own terms in 2002.
Delaware has yet to issue a State Subaqueous Lands and
Wetlands Permit needed for the Project to move forward.
The Army Corps submitted an application to DNREC seeking
a subaqueous lands and wetlands permit and water quality
certification for the project in January 2001. In December,
2003 the administrative hearing officer issued a report to the
Secretary of DNREC recommending the Secretary deny the
Corps’ permit application, finding that the Army Corps failed
to provide “sufficient and necessary information to meet the
regulatory burden to obtain a permit under the authority of
Chapter 66, as potential adverse effects have not been
proven to be minimized.” (Hearing Officer’s Report, p. 58).
On December 15, Delaware Audubon, the Delaware
Riverkeeper, Delaware Riverkeeper Network, and Delaware
Nature Society filed a Petition for a Writ of Mandamus,
asking the Superior Court, New Castle County, to force
Delaware’s Secretary of the Department of Natural Resources
and Environmental Control to issue a decision regarding the
subaqueous lands and wetlands permit and water quality
certification application for the proposed Delaware River
Deepening project. This action is still pending in the court.
The deepening proposal would take the Delaware River’s
main navigation channel from 40 to 45 feet for a distance of
102 miles. The project has been twice considered by the
Government Accountability Office and found not to be
economically justified. „
This article was adapted from the Delaware Riverkeeper.
IN MEMORIAM:
Delaware Audubon lost a friend and long-time volunteer in
March, when Mark Kamalski died in a car accident.
Mark served for many years delivering bird seed during our
annual fundraiser.
Volunteers Still Needed for
Breeding Bird Atlas Survey
Volunteers are sought to join in the second year of an
exciting five-year effort to explore and document the wide
range of bird species that breed in Delaware. Data collected
from 2008 to 2012 will be compiled into the Second
Delaware Breeding Bird Atlas, a valuable reference for
conservationists, biologists, birders, educators, students and
anyone interested in Delaware’s avian inhabitants.
“This project provides a great opportunity for birders,
researchers, nature enthusiasts and students of all ages and
skill levels to participate in a large-scale survey project and
make a significant contribution to the study of Delaware’s
avian populations,” said Anthony Gonzon, atlas project
coordinator. “We welcome advanced and experienced
birders as well as eager and willing novices.”
Beginning early in 2008, volunteers have been offered
training to participate in this ultimate citizen science project,
using tried-and-true methods along with new ideas to build
on the foundation of the first atlas, produced in the 1980s.
As in that earlier project, Delaware has been divided into
blocks, each spanning about 10 square miles. Blocks are
grouped into six regions, each with a regional coordinator to
work with volunteers. To collect data, volunteer atlasers
survey their block(s) in search of evidence of breeding.
Depending on bird activity observed, they will classify their
observations into four categories: observed, possible,
probable, and confirmed. Atlasers will learn how to identify
and confirm the breeding of birds and about their habitats
and how they might be impacted by current landscape
change or change over the past 20 years.
“We have baseline data from the first Delaware Breeding
Bird Atlas, which was done from 1983 to 1987. With the
data in this new atlas, we’ll learn about the current status,
distribution and abundance of Delaware’s breeding birds.
This information will help us make plans to conserve and
protect our state’s avian population for the future, including
our species of special conservation concern,” Gonzon said.
The completed atlas will include species-specific summaries
of the breeding histories of Delaware birds, detailed
distribution maps for all bird species breeding in Delaware,
analyses of changes since the first atlas and conservation
recommendations. It will be published and available both
electronically and conventionally on paper.
The Division of Fish & Wildlife is the primary sponsor of the
Second Delaware Breeding Bird Atlas, which has been
awarded federal and state grant funding. The Division’s
conservation partners interested in assisting with the project
to date include Delaware Audubon, Delmarva Ornithological
Society, Delaware Nature Society, Delaware Museum of
Natural History, U.S. Fish and Wildlife Service, and the U.S.
Geological Survey, among others.
For more information on the Second Delaware Breeding
Bird Atlas, please contact Project Coordinator Anthony
Gonzon at 653-2880. „
 Nonprofit Organization
Delaware Audubon U.S. Postage
PAID
56 W. Main Street, Suite 212 B Permit # 428
Christiana, DE 19702-1500 Wilmington, DE

UPCOMING EVENTS:
Sunday, May 3rd FREE LECTURE:
Tri-State Bird Rescue & Research
Annual Open House Impacts of Climate Change on
10:00 am – 3:00 pm the Mid-Atlantic Region
This is a once-a-year opportunity to tour the Tri-State facility.
Learn what they do, enjoy kid-friendly activities, visit
Wednesday, April 29 – 7:00 pm
exhibitors, and grab a bite to eat.
Limestone Presbyterian Church
Saturday, May 23 rd 3201 Limestone Road
Annual Horseshoe Crab and Shorebird Festival Wilmington, DE 19808
Downtown Milton and Prime Hook
National Wildlife Refuge Speaker:
10:00 am – 4:00 pm Dr. Peter Schultz
Come see us at the Delaware Audubon booth (in Milton Director, US Climate Change
Memorial Park). Science Program Office

Dr. Schultz oversees and coordinates the work

JOIN DELAWARE AUDUBON NOW! of thirteen federal agencies working on various
INTRODUCTORY MEMBERSHIP OFFER research aspects of climate change and their
For $20.00 Receive Membership to
National Audubon Society and Delaware Audubon Society impacts on the United States. Peter is looking
for feedback on what kinds of information policy
Name _____________________________________________
makers and others want in order to plan
Address _____________________________________________ effectively for the coming changes in the
City _______________________ State _____ Zip ____________ region’s climate.
Phone (___) ______________
The public and policy makers are invited.
Referred By _______________________ Date ______________

Please make all checks payable to: National Audubon Society
Send this application and your check to:
Delaware Audubon Society
56 W. Main St., Suite 212B, Christiana, DE 19702
C9ZD900Z
Sponsored by:
League of Women Voters of New Castle County
Delaware Chapter of the Sierra Club
Delaware Department of Natural Resources &
Environmental Control