The Terrapin Institute is concerned that oyster-centric Bay policies are implemented at the expense of other important natural resources. While the oyster biomass continues to decline, a disproportionate amount of attention and financial resources continue to focus on a single species. Both oyster harvesting and oyster restoration are disturbing or displacing other Bay species and converting vital natural habitats. The financial burden of oyster restoration is large while the benefits to the species, to the stakeholder, and to the public remain small. Unfortunately, without financial incentives, the simple act of resource preservation has become obsolete. Those concerned with the integrity of Maryland’s environment need to decide which capital is most important, i.e. financial, political, or ecological. A return to power dredging on a large scale will have an adverse impact on other resources, namely the terrapin. The DNR was advised in January 2003 that increased power dredging would impact terrapins. Several articles appeared in the press but focused only the impacts to oysters. We advised legislators, environmental organizations, researchers, and others of the potential impacts of power dredging to the terrapin resource. We advised the DNR again in June 2005 of our concerns that power dredging may be causing a significant by-catch of terrapins. The Terrapin Institute provided comments at the hearing in Leonardtown on August 29, 2005.  Still the policy on power dredging ignores the impacts on other resources. In addition to comments provided thus far, we have the following additional comments:

1. A significant area off of Anne Arundel County is scheduled to be opened to power dredging. This area does not fit the qualifications of traditional power dredging areas and other areas recently opened to power dredging. There was no hearing scheduled within Anne Arundel County. According to the Washington Post 21 August, 2005: “[an assistant secretary of DNR] admitted the timing is terrible, politically, and insisted his department ‘isn't advocating it, we're just proposing it and putting it out for public comment.’" Since Anne Arundel is affected by this proposal, that area should be removed from the current power dredging proposal until a hearing is conducted closer to the Anne Arundel County area. More of the “public” should be invited to participate in the regulatory process and to comment on the fate of the natural resources of the Chesapeake Bay.

2. Terrapins use beach strand for nesting, marshes for forage, and bottom habitats for hibernating. Terrapins in hibernation have been recorded at depths of 12 feet, near oyster bars and may be adversely affected by power dredging. If terrapins are in the path of the dredging, they may be crushed or stabbed by the teeth of the dredge. Coincident with increased power dredging, data from DNR indicates a 400% increase in the commercial terrapin harvest from 2003 to 2004. See Report. Very likely, terrapins are harvested along with oysters in power dredging operations. Presumably, any increase in power dredging will result in additional commercial harvest of terrapins which furthers the decline of terrapins. There is already a by-catch mortality resulting from fyke nets, crab pots, and bank traps. This species cannot tolerate an increase in commercial harvest. Without better management, we fear the turtle will disappear again. There are no estimates of the Bay’s terrapin population and no one knows how many terrapins can be taken before causing another collapse. The terrapin resource could collapse over night and no one would know or care. The Terrapin Institute and the 2001 Governor’s Diamondback Terrapin Task Force Recommendations indicated that a moratorium on the commercial harvest of terrapin is necessary. In response to increases in the terrapin trade, this fishery demands immediate attention. Particularly if additional areas of Bay bottom are opened to power dredging, the trade in terrapins must be closed.

3. For research purposes, a stop gap measure and to protect a small population of terrapins, the Terrapin Institute purchased several hundred market terrapins. (Anyone tempted to claim that our efforts contributed to harvest pressure should first check the DNR buyers’ reports). We did not want these tagged animals to be re-harvested in the power dredging, so we decided to release the 2005 purchase in Anne Arundel County where we thought they would find adequate habitat and be safe from power dredging. The area off of Anne Arundel County now slated for power dredging is right in the path of our terrapin restoration efforts. The Terrapin Institute has a stake in this decision. No one can guarantee that all power dredging occurs only on oyster bars. Surely, there is other submerged substrate that is dredged and disturbed in the process of locating appropriate oyster bars. Until we know the full impact of increased power dredging, DNR should take a stand and at least maintain the habitat preservation already in place. If DNR cannot defend this proposal with sound science and is not advocating it at this time, then it would be best to rescind it. If power dredging is to prevail in the 2005-2006 season, the DNR should place observers on select power dredges, evaluate the by-catch and habitat distrubance, buy-back the power dredged oysters at market price, document the percentage of diseased oysters, and repatriate those healthy adult oysters to sanctuaries.

4. The Terrapin Institute is not at odds with the seafood industry. Our objective is to protect both the shoreline and the submerged tidewater in the public domain against disturbance or displacement. We do not pick and choose for political or financial advantage, but remain focused on the preservation of the species. Shorelines and submerged tidewater habitats are vital to terrapin survival. It would be hypocritical for us to remain silent on the power dredging issue. The Terrapin Institute will continue to comment on policies that affect our conservation work. For example, under the limited entry law, the majority of Maryland citizens are denied access to commercial fishing. Nevertheless, we support limited entry because it helps protect the carrying capacity of the Bay. Limited entry also helps to stabilize individual earning capacity. We are working to establish limited entry on to the public domain and a carrying capacity for shoreline and submerged habitat. See Mind Over Matter article. Our organization consistently supports the watermen and defends their access to open water. No other organization has spoken out against the adverse possession of the public domain of the Chesapeake. We recognize and promote the insight of watermen. Letter to the Editor. We depend on the cooperation of the seafood industry to continue our terrapin conservation work. No one is qualified to project the repercussions from this proposal, politically, economically, and ecologically. Quite possibly, the power dredging proposal will have negative fallout for the entire seafood industry, the agency, and the Governor. The public may comment in ways no one has anticipated. In the interest of the long-term stability of Maryland’s seafood industry, remaining resources (including open water) should be preserved and controversial harvesting practices should be avoided.

5. The Terrapin Institute is dedicated to protecting the abundance of terrapins. We implement a comprehensive conservation strategy which includes both species protection and habitat preservation. We operate without public funds and are accountable only to the species. We do not intend to repeat the failures of the oyster fishery or wait until the terrapin population reaches 2% of its historic abundance. We already know what happens when terrapins are harvested and mismanaged. See the Terrapin King article on this website. The priority of the Terrapin Institute is simply more terrapins and more adequate habitats to support them. We want to save this species as efficiently as possible and move on to other problems. Saving this species is turning out to be much more difficult than anticipated, particularly without concerted efforts from management agencies. All species and natural habitats deserve proactive preservation, improved conservation and protection under the law.

6. Despite a Governor’s Task Force in 2001 which produced management recommendations, proposed legislation, and numerous requests to DNR since then for improved management, nothing has happened to improve the conservation of the State Reptile. The Terrapin Institute is dedicated to terrapin conservation and we have received much public support. We all pay taxes and should be able to expect equal consideration under the law. It is incumbent of DNR and the Maryland legislature to consider the terrapin and other species in their policy changes. The resources of DNR should be fairly distributed among all resources and all citizens.

If we do not preserve the natural resources remaining, we cannot be sincere about restoring these resources or the livelihoods they support.   First, do no harm:

1. Power dredging harms the terrapin and its habitat.  Data provided by the DNR indicates a 400% increase in terrapin trade between 2003 and 2004.  See attached chart from DNR, September 2004.  The Institute believes this increase in the trade of terrapins is associated with power dredging because terrapins are an abundant incidental catch or by-catch.  Once these animals have been extracted out of hibernation in the process of dredging for oysters, these terrapins may be sold along with the oyster harvest.  Maryland is one of the few states which still allows a commercial harvest of terrapins.  As such, Maryland's terrapin resource is under more commercial pressure from urban markets and exports.  Terrapin harvesting has been facilitated by power dredging.   

2. Power dredging harms other natural resources.  Species other than oysters could be impacted by power dredging, i.e. blue crabs, horseshoe crabs, clams, and submerged vegetation. Sediment is a declared pollutant which the State has attempted to control. Power dredging re-suspends sediments which settle on other habitats and may impede efforts to restore submerged vegetation. Re-suspended sediments may carry toxins which may affect public health. It is possible that clams and crabs will be dredged up along with targeted oysters.

3. Power dredging harms the credibility of the agencies, research institutions and environmental community.  The data supporting the benefits of power dredging is incomplete and contradictory.  Increased power dredging has been going on for three years and there is no reliable information or attempt to research the impacts of the practice on other resources, such as terrapins, clams, and grasses.  Maryland officials have no room to criticize Virginia for their industrial scale harvesting of menhaden with purse seines if we continue to allow oysters to be harvested by power dredge. Researchers need to utilize and apply the science available and preserve their study subjects and habitats. Environmental organizations have some serious sole searching to do. Clearly, the environment has become an industry fueled by collapse and failures. Restoration efforts have superseded preservation efforts. Since there is no money in preservation the focus is on restoration without any consensus.

4. Power dredging harms the watermen and elected officials.  For a few more bushels of oysters, the watermen may sacrifice much public support, empathy, and income.  Although power dredging may become legal, in the midst of a collapse and limited entry fishery, power dredging may not be considered ethical. If new areas are to be opened up to more efficient harvesting, then the entire commercial fishery should be reopened. Elected officials should use the legislature to advance their causes, agenda, or special interests. If the Chesapeake is a national treasure which we all need to protect and restore, then let the full Maryland legislature and the public decide.

We will never be completely certain, we’ll never have enough science, and we can’t please everyone. You manage with the expertise you have available and preserve the resources still remaining. In this line of work, you either make friends or you make progress, but you can’t do both. Those interested in the environment need to stand for something or continue to fall for anything. For the record, we are not supportive of a return of bank traps, crab pots, pound nets, and other outlawed gear.