A keystone species of the Chesapeake Bay ecosystem, Eastern Oysters serve a vital ecological role by the filtering sediment and other particles from the water column and provide a unique bottom habitat for numerous aquatic species. Oysters have also supported an important economic industry in the region. The Chesapeake oyster industry, once the world’s largest producer during the mid-19th century, began to decline steadily throughout the late 19th and early 20th century. The more recent rapid decline in abundance has been attributed to the introduction of two foreign diseases. Restoring the Chesapeake Bay’s oyster population is a key to improving the bay’s environmental health, as well as the local economies of waterfront communities.

What restoration strategies (alternatives) does the EIS evaluate?

• Introduce the oyster species Crassostrea ariakensis into the tidal waters of Maryland and Virginia for the purpose of establishing a naturalized, reproducing, and self-sustaining population of this oyster species. Also continue efforts to restore the native oyster (C virginica) throughout the Chesapeake Bay using best available restoration strategies and stock assessment techniques.
• Alternative 1 - No Action – Continue Status Quo: Continue Maryland's and Virginia’s current oyster restoration and repletion efforts and available funding using the best available restoration strategies and stock assessment techniques.
• Alternative 2 - Expand Native Oyster Restoration Efforts: Expand, improve, and accelerate Maryland's and Virginia’s oyster restoration and repletion efforts in collaboration with federal and private partners. Expanded efforts would include assessing cultch limitations and long-term solutions for this problem and the development, production and deployment of large quantities of disease-resistant strain(s) of C. virginica for broodstock enhancement.
• Alternative 3 - Harvest Moratorium: Implement a temporary harvest moratorium on native oysters and an oyster-industry compensation (buy-out) program in Maryland and Virginia, or a program that would offer displaced oystermen on-water restoration work. This alternative also evaluated more conservative harvest rates.
• Alternative 4 – Native Oyster Aquaculture: Establish and/or expand state-assisted, managed or regulated aquaculture operations in Maryland and Virginia using the native oyster species.
• Alternative 5 – Triploid Nonnative Oyster Aquaculture: Establish state-assisted, managed or regulated aquaculture operations in Maryland and Virginia using suitable triploid, nonnative oyster species.
• Alternative 6 - Introduce and Propagate an Alternative Oyster Species (other than C. ariakensis) or an Alternative Strain of C. ariakensis: Introduce and propagate in the state-sponsored, managed, or regulated oyster restoration programs in Maryland and Virginia, a disease resistant oyster species other than C. ariakensis, or an alternative strain of C. ariakensis. The Draft EIS dismisses this alternative due to lack of data.
• Alternative 7 – Establish a naturalized, reproducing and self-sustaining population of C. ariakensis in the tidal waters of Maryland and Virginia and discontinue efforts to restore C. virginica. The Draft EIS dismisses this alternative in response to a policy decision to not abandon native oyster restoration efforts.
• Alternative 8 - Combination of Alternatives
  • Combination A: Only Native Oysters – Alternatives 2, 3 and 4.
  • Combination B: Native Oysters and Triploid C. ariakensis aquaculture – Alternatives 2, 3, 4 and 5.
  • Combination C: Native Oysters and Diploid and Triploid C. ariakensis – Proposed Action and Alternatives 2, 3, 4 and 5.

The future of oyster restoration and management represents an incredibly complex challenge and a significant public policy decision, both in the public investment needed and potential risks to our environment. No single solution will meet all of the needs and concerns presented by this issue. Obtaining and taking into consideration the public's input, with the available science, is critical to determining the preferred alternative. A preferred alternative or combination of alternatives will be identified in the Final EIS after considering public comments. At this point, no decision has been made on a preferred alternative.

How many scientists were involved in this effort?

Approximately 90 scientists representing a diverse group of research institutions provided direct input to research supporting the EIS. Included in this group were 75 representatives of institutions located on the Atlantic coast, 7 representatives from mid-western institutions, 8 representatives of Pacific coast institutions, and 1 international representative.

What are the Draft EIS finding highlights?

• Continued native oyster restoration prospects are modest. Only modest improvements in native oyster restoration are expected at the regional level with an expansion of restoration efforts and implementation of more restrictive management of the oyster fishery.
• No critical consequences identified for non-native oyster introduction. For the nonnative oyster, no “show-stopper” issues were identified and there is greater potential for population growth and sustainability. This, however, is based upon a low level of certainty and is tempered by the fact that any unforeseen risk will be irreversible.
• Opportunities for industry re-emergence are greatest with aquaculture.
• Large-scale habitat restoration is required for all strategies. Oyster restoration, regardless of native or non-native, will require a mega-scale oyster bar habitat rehabilitation effort, more restrictive management and enforcement of the traditional public oyster fishery, stringent strategies and policy decisions to improve the Bay’s water quality, and focused research and monitoring of the oyster resource.

• Oct. 17, 2008 Draft EIS published in Federal Register and 60-day public comment begins.
• Nov. 5 to14, 2008 Conduct six public meetings (3 in Md. and 3 in Va.)
• Dec. 15, 2008 End of 60-day public comment on Draft EIS*
• Dec./ Jan. 2008 Review and respond to public comments on Draft EIS.
• Jan. to Mar. 2009 Agencies identify preferred alternative or combination of alternatives.
• April 2009 Final EIS published in Federal Register.
• May / June 2009 Record of Decision issued by lead agencies of U.S. Army Corps of Engineers, Norfolk District, Maryland Department of Natural Resources, and Virginia Marine Resource Commission.

When and how may citizens provide input on the decision making process?

Citizens may comment on the Draft EIS from Oct. 17, 2008 to Dec. 15, 2008. Written comments may be mailed to the Department of the Army, Norfolk District, Corps of Engineers, Fort Norfolk, 803 Front Street, Norfolk, Virginia 23510-1096, Attn. Mark Mansfield. Comments may also be submitted via email to Mark.T.Mansfield@usace.army.mil.

Verbal testimony may be offered at any of the six public meetings to be held in Maryland and Virginia.

For a full copy of the Draft EIS visit http://www.nao.usace.army.mil/OysterEIS/.

The Maryland Oyster Advisory Committee, a 21-member commission of scientists, watermen, anglers, businessmen, economists, environmental advocates, and elected officials, advises the state on matters relating to oysters and strategies for rebuilding and managing the oyster population in Maryland's portion of the Chesapeake Bay. The OAC will review the Draft EIS during the public comment period.

The OAC also recently reviewed the permits requested by DNR from the Maryland Department of Environment and the U.S. Army Corps of Engineers to dredge buried oyster shells on or before December 1, 2008. The OAC recommended that DNR apply for two permits, one to initiate a new effort involving the reclamation of in situ shell and another to expand the use of alternative materials (e.g. concrete, stone, slag). These two permits were prepared by DNR in coordination with Maryland’s oyster partners and are currently under review by the permitting agencies.

In addition, the OAC formed two workgroups, the Industry Re-Emergence (Economic Restoration) Workgroup and the Ecological Workgroup. The Economic Restoration Workgroup is investigating how aquaculture might be used to preserve the oyster industry while allowing for restoration and will report on how the traditional oyster harvesting industry could be integrated with aquaculture. Recently, the OAC reviewed enforcement issues related to natural resources law and legal issues related to bottom leasing for aquaculture. The OAC will be providing comments and recommendations on these subjects in the coming months.

The OAC’s Ecological Workgroup is investigating and developing recommendations pertaining to the re-establishment of an expanding population of native oysters in protected areas, and the ecological services they provide, through management action. The workgroup will assess the likelihood of success and the time horizon needed to achieve this vision, and will develop a list of policy changes that should be considered.

The OAC continues to meet on the third Wednesday of each month, in various locations throughout Maryland. The meetings are open to the public. For more information about the OAC visit www.dnr.maryland.gov/fisheries/oysters/.