903R87109
1987  CHESAPEAKE BAY AGREEMENT
                       FINAL DRAFT
                       DECEMBER 14, 1987

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                  1987 CHESAPEAKE BAY AGREEMENT


      The  Chesapeake  Bay  is  a  national  treasure  and a  resource of
 worldwide significance.   Its ecological,  economic,  and  cultural
 importance are  felt  far  beyond  its  waters and  the  communities
 that,  line its  shores.    Man's use  and  abuse  of  its  bounty,
 however,  together with the  continued growth  and  development of
 population in its watershed, have taken a toll on the Bay system.
 In  recent decades,   the  Bay  has suffered serious  declines in
 quality and productivity.

      Representing the  Federal government,  and  the States which
 surround  the Chesapeake B.ay, we acknowledge our  stake in  the
 resources  of  the  Bay and accept our share of  responsibility for
 ivs  current condition.  We  are determined  that  this  decline will
 be reversed.   In response, all of our jurisdictions have  embarked
 on ambitious  programs  to  protect  our shared  resource  and  restore
 it to  a more productive state.

      In 1980, the legislatures of Virginia and Maryland estab-
 lished the Chesapeake Bay Commission  to coordinate interstate
 planning  and programs  from  a  legislative perspective.    In 1985,
 Pennsylvania joined  the Commission.   And,   in  1983, Virginia,
 Maryland,  Pennsylvania,   the  District  of Columbia,  the  U.S.  En-
 vironmental Protection Agency, and the  Chesapeake Bay Commission
 formally agreed  to a  cooperative  approach to  this  undertaking and
 established specific  mechanisms  for  its  coordination.   Since
 1983,  our joint  commitment  has carried us  to new levels  of
 governmental  cooperation  and  scientific understanding.  It  has
 formed a  firm  base  for  the  future success of  this long-term
 program.   The extent and complexity of  our task now call for an
 expanded  and refined  agreement to  guide our efforts toward the
 twenty-first  century.

     Recognizing that the Chesapeake Bay's importance transcends
 regional boundaries,  we commit to managing the  Chesapeake Bay as
an integrated ecosystem and  pledge our  best  efforts  to  achieve
 the goals  in this Agreement.   We propose a series of objectives
 that  will  establish a  policy and  institutional framework  for con-
 tinued cooperative efforts to  restore and protect  Chesapeake Bay.
We further commit  to  specific  actions  to  achieve those objec-
 tives.  The implementation  of these  commitments will  be  reviewed
annually and  additional commitments developed  as  needed.

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GOALS AND PRIORITY  COMMITMENTS

     This new Agreement contains Goals  and  Priority Commitments
for  Living  Resources; Water  Quality; Population  Growth and
Development;  Public Information,  Education  and  Participation;
Public Access;  and  Governance.

     The parties to this 1987 Agreement are the U.S.  Environmen-
tal Protection  Agency,  representing  the Federal government, the
District  of  Columbia,  the  State of Maryland, and the Common-
wealths of Pennsylvania and  Virginia  (hereinafter the
"States"), and  the  Chesapeake Bay Commission.  This Agreement may
be amended and attachments added in  the  future by  unanimous ac-
tion of the Chesapeake  Executiir> Council.

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                                LIVING RESOURCES


                 GOAL:   PROVIDE  FOR THE  RESTORATION AND PROTECTION  OF
                 THE  LIVING  RESOURCES,  THEIR HABITATS,  AND ECOLOGICAL
                 RELATIONSHIPS.

            The productivity,  diversity and  abundance of  living
        resources are  the  best  ultimate  measures  of  the Chesapeake  Bay's
        condition.  These  living resources are the main focus of  the res-
        toration and  protection  effort.   Some  species of shellfish and
        finfish  are of  immense  commercial  and  recreational  value to  man.
        Others are valuable because  they  are part  of  the vast  array  of
        plant  and animal life that  makes up the Chesapeake Bay ecosystem
        on  which all  species  depend.   We  recognize  that  the entire
        natural  system must be healthy and productive.   We will determine
        the  essential  elements  of habitat  and  environmental  quality
        necessary to  support living  resources  and will  see that  these
        conditions are  attained  and  maintained.   We  will  also-manage the
        harvest  of and  monitor  populations  of  commercially,  recrea-
        tionally and ecologically  valuable  species to  ensure sustained,
        viable stocks.   We recognize that to be successful, these actions
        must  be  carried  out  in  an integrated  and  coordinated manner
        across the whole Bay  system.

        OBJECTIVES:

LRO-01   o    Restore,  enhance,  protect and manage submerged  aquatic
            vegetat ion.

LRO-02   o    Protect,  enhance, and  restore  wetlands,  coastal sand dunes,
            forest  buffers and other shoreline and riverine systems, im-
            portant to water quality and habitat.

LRO-03   o    Conserve soil  resources and reduce erosion and sedimentation
            to protect Bay habitat.

        o    Maintain  freshwater flow regimes  necessary  to  sustain es-
LRO-04       tuarine habitats, including, where appropriate,  establishing
            minimum in-stream flows.

        o    Develop compatible Bay-wide stock  assessment  programs.
LRO-05
        o    Develop Bay-wide fisheries management strategies and develop
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            complementary state  programs and plans  to  protect  and re-
            store the  finfish and  shellfish  stocks of  the  Bay,  espe-
            cially  the freshwater  and  estuarine spawners.

LRO-07   o    Provide for the  restoration of  shellfish  stocks in  the Bay,
            especially the abundance of  commercially important species.

LRO-08  o    Restore,  enhance and protect waterfowl and  wildlife.

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      COMMITMENT:  To achieve this goal we agree:

LRC-01 o    by January 1988.  to  develop  and  adopt  guidelines for  the
           protection of water quality and habitat conditions necessary
           to support the  liviqg resources found in the Chesapeake  Bay
           system, and to use ttyesq guidelines in the implementation of
           water quality and habitat protection programs.
LRC-02     by July  1988,  to  develop,  adopt,  and begin  to implement  a
           Bay-wide pTan  for tfee assessment of commercially,  recrea-
           tionally, and selected ecologically valuable species.

LRC-03     by July  1988,  to  adopt a  schedule for  the  development  of
           Bay-wide resource management  strategies for commercially,
           recreationally and selected ecologically valuable species.

LRC-04 o    by July  1989, to develop, adopt and begin to implement   Bay-
           wide management plans  for  oysters, blue  crabs  and  American
           shad.   Plans  for other major commercially,  recreationally
           and ecologically  valuable species should  be  initiated  by
           1990.

LRC-05     ky Pecember  1988,  to develop and  begin  to implement  a  Bay-
           wide policy  for the  protection of tidal  and  non-tidal  wet-
           lands.

LRC-06     to Provi-de  fr  fish  passage  at  dams,  and  remove stream
           blockages  wherever  necessary  to  restore  passage  for
           migratory fish.
                                WATER QUALITY
                GOAL:  REDUCE AND CONTROL POINT AND NONPOINT SOURCES OF
                POLLUTION TO ATTAIN THE  WATER  QUALITY  CONDITION NECES-
                SARY TO SUPPORT THE LIVING RESOURCES OF THE BAY.

           The improvement and  maintenance of water  quality  are the
      single  most critical  elements  in  the  overall  restoration and
      protection  of  the Chesapeake Bay.   Water is  the medium in  which
      all  living  resources of  the  Bay  live,  and  their  ability to sur-
      vive and flourish is directly dependent  on it.

           To ensure the productivity of  the  living resources  of the
      Bay,  we must clearly establish the  water quality  conditions the}'
      require  and must  then attain  and maintain those  conditions.
      Foremost,  we must improve  or  maintain  dissolved oxygen concentra-
      tions in the Bay and Its  tributaries through  a continued and ex-
      panded  commitment to the  reduction  of  nutrients  from both  point
      and  nonpoint sources.   We  must  do the  same for toxics and conven-
      tional  pollutants.   To be effective,  we  will develop basin-wide
      implementation  plans for the control and  reduction of pollutant-,
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     which are based on our best understanding (including that derived
     from  modeling)  of  the Bay  and  its tributaries as an integrated
     system.

     OBJECTIVES;

WQO-Olo    Provide timely construction and  maintenance  of public  and
          private  sewerage  facilities  to  assure control of  pollutant
          discharges.

WQO*020    Reduce the discharge of  untreated or  inadequately treated
          sewage into Bay waters from such sources as combined sewer
          overflows, leaking  sewage  systems,  and failing septic  sys-
          tems.

WQO-03    Evaluate  and institute, where  appropriate,   alternative
          technologies for  point source  pollution  control, such as
          biological nutrient removal and land application of  effluent
          to reduce pollution loads in a cost-effective manner.

WQO-04Q    Establish and enforce pollutant limitations to ensure com-
          pliance with water qua! "'. I.,  laws.

WQO-05Q    Reduce the levels of nonpoint  sources of pollution.

WQO-06o    Reduce sedimentation by  strengthening  enforcement of  exist-
          ing sediment control regulations.

WQO-07o    Eliminate pollutant discharges from recreational boats.

WQO-oSo    Identify and control toxic  discharges to the Bay system,
          including metals  and  toxic  organics, to  protect  water
          quality,  aquatic  resources  and  human health through  im-
          plementation and enforcement  of  the states'  National Pol-
          lutant  Discharge  Elimination System  permit  programs  and
          other programs.

WQO-090    Reduce  chlorine  discharges  in  critical finfish and  shellfish
          areas.

WQO-io0    Minimize  water  pollution  incidents and  provide  adequate
          response to pollutant spills.

WQO-iEQ    Manage  sewage sludge, dredged  spoil  and hazardous wastes to
          protect the Bay  system.

WQO-12O    Manage  groundwater  to protect  the water quality of  the Bay.

WQO-130    Quantify the impacts and identify the sources  of atmospheric
          inputs  on  the Bay  system.

     COMMITMENT:   To achieve  this goal  we agree:

WQC-Olo    by July 1988,  to develop, adopt,  and begin  implementation of

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           a basin-wide strategy to equitably  achieve  by  the  year  2000
           at least  a  40  percent reduction  of nitrogen  and phosphorus
           entering the main stem of the Chesapeake  Bay.   The strategy
           should be based  on  agreed-upon 1985  point  source  loads and
           on nonpoint  loads in an average rainfall year.

           by jDecember 1991, to  re-evaluate  the 40  percent  reduction
           target based on  the  results  of  modeling,  research, monitor-
           ing and other information available at that time.

WQC-02 o    by December 1988, to  develop,  adopt, and  begin  implementa-
           tion  of  a basin-wide strategy  to achieve a  reduction  of
           toxics consistent with the Water  Quality Act of 1987 which
           will  ensure protection of human health and living resources.
           The strategy will  cover both  point and  nonpoint sources,
           monitoring protocols, enforcement of pretreatment regula-
           tions and methods for dealing  with  in-place toxic  sediments
           where necessary.

WQC-03 o    by July 1988, to develop and adopt  a  basin-wide  implementa-
           tion  strategy for the m^^nr-fment and control of  conventional
           pollutants as required by the Water Quality  Act  of  1987,  en-
           tering  the  Chesapeake  Bay  system from  point  and nonpoint
           sources.

WQC-04 o    by July 1988, the Environmental Protection Agency, acting
           for the  federal  government,  will  develop,  adopt,  and begin
           implementation  of a  strategy  for  the control and reduction
           of point  and nonpoint  sources of  nutrient, toxic,   and  con-
           ventional pollution  from  all  federal facilities.
                      POPULATION GROWTH AND DEVELOPMENT
                GOAL:   PLAN FOR AND MANAGE THE ADVERSE  ENVIRONMENTAL
                EFFECTS  OF  HUMAN POPULATION GROWTH AND LAND  DEVELOPMENT
                IN THE CHESAPEAKE BAY  WATERSHED.

           There  is a  clear correlation between  population growth and
      associated  development  and environmental  degradation  in the
      Chesapeake  Bay  system.    Enhancing,   or  even  maintaining, th<>
      quality  of  the Bay  while  accommodating  growth  will  frequently in-
      volve difficult  decisions and restrictions  and  will require con-
      tinued  and  enhanced commitment to proper  development standards.
      The States  and  the  Federal government will   assert the  full
      measure  of  their authority to mitigate  the  potential  adverse ef-
      fects of continued  growth.

           Local  jurisdictions  have been delegated authority over- rnanv
      decisions regarding growth  and development  which have  both dircrr
      and  indirect effects  on the Chesapeake  Bay  system  and its living
      resources.   The  role  of local governments  in the restorat ion and

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,  -   protection effort  will  be  given  proper  recognition  and  support
     through State and Federal resources.

          States  will engage in  an  active partnership  with local
     governments to  establish  policy  guidelines  to  manage growth and
     development.

     OBJECTIVES:

PGO-Olo    Designate a state-level office responsible  for  ensuring con-
          sistency with  this  Agreement  among the  agencies  responsible
          for comprehensive oversight  of development  activity,  includ-
          ing infrastructure planning,  capital  budgets,  land  preserva-
          tion, and waste management activities.

PGO-020    Provide local  governments with  financial  and  technical as-
          sistance to continue and expand their management  efforts.

PGO-03o    Consult with  local  government  respresentatives  in  the
          development of Chesapeake  Bay  restoration and' protect ion
          plans and programs.

PGO-04    Identify  and  give  public recognition  to innovative  and
          otherwise  noteworthy  examples of  local  government restora-
          tion and protection-related programs.

PGO-05    Assure  that government development  projects meet  all  en-
          vironmental requirements.

PGO-06O    Promote,  among local,  State, and federal governments,  and
          the private sector,  the use  of  innovative techniques  to
          avoid and,  where necessary,  mitigate the adverse impacts of
          growth.

     COMMITMENT:  To  achieve  this goal,  we  agree:

     o     to commission a panel  of  experts  to  report by  Dec ember
PGC-01     1988,  on anticipated /population growth and land  development.
          patterns in the Bay region through the  year 2020,  the  in-
          frastructure  requirements  necessary  to serve  growth  and
          development,  environmental programs  needed to improve  Bay
          resources  while accommodating growth,  alternative means of
          managing and directing growth, and alternative  mechanisms
          for financing  governmental  services and environmental  con-
          trols.  The panel of  experts  will  consist of twelve members:
          three each  from Virginia, Maryland,  and  Pennsylvania,  and
          one  each  from the  District of  Columbia,  Environmental
          Protection  Agency,  and  the Chesapeake Bay Commission.

     o    by January  1989 ,   to adopt  development policies   a ;, d
          guidelines  designed to  reduce adverse  imparts on the water
PGC-02     quality and living  resources  of  the  Bay,  including minimum
          best  management practices  for development and to cooper ^--
          tively assist  local  governments in evaluating  land-use  a; to

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            development.  .li-cLijJons  withiu  their purview, consistent  with
            the  policies  and  guidelines.

PGC-03  o    to evaluate  stai.e an
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            restoration efforts.

 PIO-06     Coordinate the  product '->M and distribution of  Bay  informa-
            tion and education matoi- i a 1 s .

       COMMITMENT;  To achieve then-  r-als, we  agr<>e:

       o    to conduct coordinated  education  and  information programs to
     1      inform the general public,  local  governments,  business, stu-
            dents, community  associations, and others  of  their   roles,
            responsibilities,  and opportunities in the restoration and
            protection effort, and  to promote public involvement  in the
            management and decision-making process.
 PIC-02
       o
to provide for public  review  and  comment on all implementa-
tion  plans developed pursuant  to this 'agreement.
       o    by March  1988,  to  develop state and  federal communication
            plans for  public  information,  education, and participation,
            and by  May 1988,  to develop a  unified,  Bay-wide communica-
            tion plan.

 PIC-04     to Promo1:e Chesapeake Bay  restoration efforts by  estab-
            lishing  an  annual Bay-wide  series  of  Chesapeake  Bay
            Watershed Awareness events,  to include  a Governors'  Cup
            Fishing Tournament.
                                 PUBLIC ACCESS


                      GOAL:   PROMOTE  INCREASED OPPORTUNITIES FOR PUBLIC
                      APPRECIATION AND  ENJOYMENT OF  THE BAY  AND  ITS
                      TRIBUTARIES.

            Interest in and commitment  to  the Chesapeake Bay  and  its
       tributaries are greatly affected  by personal contact, with that,
       natural system.   Consequently,  improved  opportunities for access
       to the  shores  and  waters  of  the system are essential if public
       awareness and support are to be maintained and increased.

       OBJECTIVES:

PAO-01  o    Improve  and  -maintain  ac< ess  to the  Bay including  publi  
            beaches, parks and forested  lands.

PAO-02  o    Improve opportunit }>-,  for  recreational  and  commercial  fish-
            ing.
PAO-03
       o

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PAO-04  o    Secure necessary acreage to protect unique  habitat and  en-
            vironmentally sensitive areas.

       COMMITMENT;  To achieve this goal we agree:

PAC-01  o    to intensify our effqrts to improve and expand public  access
            opportunities being  tpade  available  by  the Federal govern-
            ment, the States,  and local  governments,  by developing  a
            strategy, which  includes an inventory of  current  access  op-
            portunities by July 1988, which  targets  state and federal
            actions  to secure additional tidal shorefront  acres by
            December 1990 along the Bay and its tributaries.

PAC-02  o    by December 1988, to prepare a comprehensive guide  to  access
            facilities and the  natural resource  system  for  the tidal
            Chesapeake Bay.
                                     GOVERNANCE
                 GOAL:   SUPPORT AND  ENHANCE THE  PRESENT  COMPREHENSIVE,
                 COOPERATIVE, AND COORDINATED APPROACH TOWARD  MANAGEMENT
                 OF THE CHESAPEAKE BAY SYSTEM.

                 GOAL;  PROVIDE FOR CONTINUITY  OF  MANAGEMENT EFFORTS AND
                 PERPETUATION OF COMMITMENTS NECESSARY TO  ENSURE LONG-
                 TERM RESULTS.

            The cooperation necessary  to  sustain an  effective  Chesapeake
       Bay  restoration  and  protection effort  requires a  formal  working
       arrangement involving the States  and  the Federal government.
       That institutional arrangement must  allow  for  and  promote volun-
       tary individual actions coordinated  within  a  well-defined  context
       of the individual responsibilities and  authorities of  each State
       and  the  Federal  government.   It  must also ensure that  actions
       which require a concerted,  Bay-wide  approach  be addressed  in com-
       mon and without duplication.   One  of the  principal -functions of
       the  coordinating institution  is to develop strategic plans and
       oversee their implementation, based  on  advice  from the  public,
       from the scientific  community,  and  from  user  groups.

            In addition,  the  coordinating  body must exert  leadership to
       marshal public support, and  it  must be accountable for progress
       made under  the terms of  this agreement.   The  coordinating body
       will continue to be  called  the  Chesapeake Executive Council.  The
       Chesapeake Executive Council  shall be comprised  of  the  Governors,
       the Mayor of the  District  of Columbia,  the Administrator  of thr
       Environmental  Protection  Agency, and  the  Chairman  of  the
       Chesapeake Bay  Commission.   The chairmanship  of  the Council shall
       rotate  annually as determined by the Council.   The term  of  th<
       Chairman  shall  be  one year.   The Administrator  of  the Environmen-
       tal Protection  Agency shall  represent,  the Federal  government, ami

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GO-01
GO-05
GO-06
GO-07
GO-08
       the  Chairman  of  the  Chesapeake  Bay  Commission  shall
       members.
                                               represen t  its
       OBJECTIVES:
GO-02   O
GO-03   O
GO-04
Continue to demonstrate strong,
vening an  annual  public  meeting
Council.
regional
of the  Chesapeake
leadership  by  con-
         Executive
Continue to support  the Chesapeake Executive  Council and
provide for technical  and  public policy advice  by  maintain-
ing strong advisory committees.

Coordinate Bay management  activities and  develop and main-
tain effective mechanisms for accountability.

The Chesapeake  Bay  Liaison  Office shall  provide staff  sup-
port  to  the Chesapeake Executive  Council  by providing
analyses and data  management,  and  by generating reports re-
lated  to the overall program.   The Implementation  Committee
shall  provide guidance  to  the  Chesapeake  Bay  Liaison Office
Director in all matter^ relating to  support for  the Council
and their  supporting  t-umini t tees , subcommittees, and  work
groups  including  the  development  of  all plans and  other
documents associated with the Council.

Examine  the feasibility of joint funding support  of the
Chesapeake Bay Liaison  Office.

Track  and evaluate  activities  which may affect estuarine
water  quality  and resources and report  at  least  annually.

Develop  and maintain   a  coordinated  Chesapeake  Bay  data
management  system.

Continue to implement a coordinated Bay-wide monitoring  sys-
tem and develop a Bay-wide living  resource monitoring  sys-
tem.
       o     Develop  and  implement a  coordinated  Bay-wide  research
GO-09        program.

       COMMITMENT:  To achieve  these goals we agree:

GC-01        to  develop an  annual  Chesapeake  Bay  work plan endorsed  by
            the Chesapeake Executive Council.

GC-02   o     to  continue  to support Bay-wide  environmental monitoring and
            research to  provide the  technical and scientific
            information  necessary to support management decisions.

GC-03   o     to  strengthen the Chesapeake Bay Liaison  Office by assigning
            as  appropriate,  staff  persons  from  each jurisdiction and
            from participating  federal agencies to assist with the  tnch-
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