| I, DR. MARK D. MAFFEI, Ph.D., declare:
1. I am Mark D. Maffei, a wildlife biologist,
employed by the U.S. Fish and Wildlife Service (Service) since
January 4, 1987.
2. During my employment with the Service, I have been
the senior refuge biologist for Arthur R. Marshall Loxahatchee
National Wildlife Refuge (Refuge) and Hope Sound National
Wildlife Refuge.
3. I received my Bachelor of Arts Degree in Biology
from the University of Illinois in 1977, my Master of Science
Degree in Biology from Western Illinois University in 1980, an
my Doctorate in Zoology from Southern Illinois University in
1985. My course work included animal ecology, vertebrate and
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invertebrate zoology, natural history of vertebrates, limnology,
microbiology, animal physiology, evolution, zoogeography, botany,
chemistry and physics. The research for which I was awarded a
Ph.D. included work in the fields of wildlife biology, population
ecology and ecological genetics.
4. During my employment with the Service, I have been
responsible for conducting the biological program of the Refuge.
This includes conducting wildlife surveys, conducting vegetation
studies, overseeing research conducted on the refuge, developing or
assisting in the development of management plans, and
coordinating the exotic plant control program. I have gained
insight into the environmental factors which influence plant
growth in Everglades communities through my participation in
research projects at the Refuge.
5. Arthur R. Marshall Loxahatchee National Wildlife
Refuge is approximately 145,635 acres in size; approximately
143,085 acres of the Refuge is the area referred to as Water
Conservation Area 1. The Refuge was established in 1951 under
the Migratory Bird Conservation Act of 1929. At the present
time, as a result of severe water quality problems, thousands of
acres of natural and diverse habitat have been converted to a
monoculture of cattails, which cannot support the wildlife
population of the Refuge. Indeed, we have estimated that over
24,000 acres have already been damaged, thus threatening to
undermine one of the primary purposes for which the Refuge was
established.
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6. The Everglades, being a vast freshwater marsh,
historically experienced periods of high and low water. The
wildlife native to the Everglades evolved under a regime, which
included seasonal fluctuations in water levels. Populations of
these organisms are capable of surviving this seasonal variation
in water levels, including periods of drought and periods of
extreme flooding. The changes in habitat which have been
documented since 1959, and which have produced habitat of little
value to native wildlife, is the result of the high nutrient
content of waters being pumped into the refuge. The changes in
vegetation which have occurred, and the fact these changes are
nutrient induced, have been documented in several studies and
publications, and are consistent with basic ecological theory
relative to impact of nutrient enrichment on plant communities.
7. The Arthur R. Marshall Loxahatchee National
Wildlife Refuge is unique in that it possesses the last remnants
of freshwater marsh system known as northern Everglades. This
habitat is characterized by its numerous tree islands, encircled
by a ring of sawgrass, and set in a mosaic of wet prairies and
sloughs. In addition, large stands of sawgrass intermixed with
wet prairies and sloughs are present in portions of the refuge.
An important feature of this unique habitat is the high degree of
spatial diversity created by the interspersion of the various
habitat types on the Refuge.
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8. Tree islands, and areas dominated by brush species
cover approximately 35,000 acres (25%) of the Refuge. Some of
the plant species found on tree islands include red bay (Persea
borbonia), Dahoon holly (llex cassine), cocoa-plum (Chrysobalanus
icaco), and wax myrtle (Myrica cerifera). Other hardwood and
herbaceous plants are present, as well as numerous ferns of various
types. Sawgrass (Cladium jamaicense) stands cover
approximately 50,000 acres (35%) of the Refuge. Other species
found within sawgrass stands include wax myrtle, buttonbush
(Cephalanthus occidentalis), willow (Salix species) and ferns.
What I term wet prairies and sloughs cover approximately 52,000
(36%) acres of the Refuge. Wet prairies are dominated by short
emergent vegetation; primarily spikerushes (Eleocharis sp.) and
beakrushes (Rhynchospora sp.), especially Tracy’s beadrushes (E.
tracy). Other emergent species often found in wet prairies
include hat-pins (Eriocaulon sp.) and various grasses and sedges.
I distinguish wet prairies from sloughs in that sloughs have few
emergent plants, and are dominated by floating aquatic plants
such as white water-lily (Nymphaea odorata) and floating heart
(Nymphoides aquatica), or are too deep to allow floating or
emergent vegetation. Many other species of aquatic plants are
present in both wet prairies and sloughs. The remainder of the
Refuge, approximately 6,000 acres (4%) is what I consider
disturbed or impacted.
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9. The Refuge provides feeding, roosting, and nesting
habitat to thousands of migratory birds, including but not
limited to blue- and green-winged teal, ring-necked ducks,
American widgeon, mottled ducks, great blue herons, wood storks,
great egrets, snowy egrets, and little blue herons; 244 of the
253 bird species listed on the 1984 Refuge bird list are defined
as Migratory in 50 CFR Ch.1 § 10.13, 10-1-86 edition. The
Refuge is an important area for wading bird nesting in south
Florida. In 1988, from my field observations, I estimated that
between 35,000 and 40,00 wading birds were fledged from nests
located on the refuge. The Refuge is also designated as Critical
Habitat for the endangered snail kite as provided for in the
Endangered Species Act, and provides habitat for the endangered
Florida panther and the endangered bald eagle.
10. The Service manages the Refuge in accordance with
the following goals; 1) to provide optimum habitat and wildlife
protection for endangered and threatened species of wildlife
which are native to the Florida Everglades, 2) to provide
wintering habitat for migratory waterfowl, 3) to provide habitat
for a natural diversity of wildlife species, and 4) to provide
opportunities for environmental education, interpretation, and
compatible wildlife-oriented activities. The Refuge staff
believes that goals 1, 2, and 3, as stated above, can only be met
by maintaining natural habitat diversity and plant species
composition.
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11. The concept of spatial diversity, or spatial
heterogeneity, is very important when discussing the value of the
Everglades habitat to wildlife. As indicated above, this refers
to the interspersion of a variety of habitat types. On the
refuge there are basically four main habitat types; tree islands,
sawgrass stands, wet prairies, and sloughs. In general, the
different habitat types develop in response to local hydrology
(i.e. hydroperiod). The value of spatial diversity is that 1) it
brings into close proximity the many organisms that require only
one of these habitat types for survival and 2) many vertebrate
and invertebrate species native to the everglades depend on two
or more of these habitat types for survival.
12. For example, the American alligator, which is a
well known inhabitant of the everglades, depends on sloughs and
deep alligator holes to provide aquatic areas in which to feed
and loaf during periods of drought. Alligators require wet
prairies, as these areas serve as the primary nesting areas for
many of the organisms which alligators feed, such as fish.
Alligators also require sawgrass stands or tree islands, as these
areas provide the locations on which they nest.
13. The apple snail, the primary food item for the
endangered sail kite, also utilizes a variety of habitat types.
Apple snails feed on periphyton, which is typically found in wet
prairies. They also may be found feeding in sloughs, especially
during the dry season when wet prairies may be dry. Apple snails
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lay their eggs above the water line, on the stems of emergent
vegetation, often on the edge of three islands or sawgrass stands.
14. The fifteen species of herons, storks and ibises,
which nest in southern Florida also, depend on spatial
heterogeneity. These animals which are a well known feature of
south Florida, generally nest on tree islands, or in some
instances on islands of sawgrass. My observation has been that
the islands which are selected for nesting colonies are almost
invariably surrounded by a deep slough. The deep water provides
some protection against terrestrial predators, such as raccoons,
for the eggs and nestlings. The birds feed in wet prairies
during much of the year, and depend on the sloughs to feed in
during periods of the year when water levels are low. In
addition, the various species feed on different food items, in
different water conditions. For example, white ibis are medium
sized wading birds which feed primarily on invertebrates. Great
Blue herons are larger birds, which feed extensively on
vertebrates, such as fish. Differences in leg length among the
various species of these birds results in them feeding in
different portions of the marsh, little blue herons requiring
shallower water to feed in than do great blue herons. Thus the
spatial heterogeneity allows these birds to partition the
resource according to their own abilities and food requirements.
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15. The spatial diversity of the floral communities on
the Refuge allows for the maintenance of a complex faunal
community. The reduction or loss of spatial diversity results in
the loss of habitat to the native fauna of the Refuge.
16. Water quantity, quality, and timing of water
delivery, are important variables in maintaining the spatial
diversity which is native to the Refuge. There are three main
sources of water for the Refuge. These are rainfall, the S-5A
pump station, and the S-6 pump station. The quantity and timing
of water deliveries to the Refuge has generally been consistent
with that which is necessary to maintain characteristic spatial
diversity. The drought which south Florida experienced from
September 1988 to approximately June, 1990, resulted in extreme
low conditions throughout the Refuge. I observed many
changes in vegetation as a result of the dry conditions, but my
observations since the beginning of the 1990 rainy season suggest
that the vegetative changes which resulted from the drought are
being reversed.
17. The distribution of water on the Refuge has been
altered due to construction of canals and levees in and around
the Refuge. The result of this has been that some portions of
the Refuge remain drier than they were historically, while other
areas are wetter. Shift in vegetation occur as a result of these
changes to the natural hydrology. In drier areas, wet prairies
replace sloughs, sawgrass stands replace wet prairies, and tree
island vegetation, especially wax myrtle, invades sawgrass
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stands. In wetter locations, tree islands have been drowned, saw
grass exhibits a tussock growth pattern, and wet prairies and
sloughs are abundant. In areas where hydrology has been altered,
shifts in vegetation have occurred to reflect the changes in
hydropattern, but the characteristic spatial heterogeneity
remains.
18. The same, however, cannot be said with regard to
the impact of water quality. I have read publications on water
quality impacts in the Everglades, and I have reviewed the water
quality data for water entering the Refuge through the S-5A and
S-6 pumps. Based on the information obtained from these reviews,
and observations which I have made in the field, it is my opinion
that the water entering the Refuge through the S-5A and S-6 pump
stations has caused significantly altered vegetative communities
in areas of the Refuge which I refer to as "impacted". I
identify impacted areas from non-impacted areas in several ways.
Hydrogen sulfide gas is abundant in impacted areas, resulting in
a rotten egg smell in these areas when the peat is disturbed;
this is not present in non-impacted areas. Plant species, which I
have learned to associate to high nutrient conditions, such as
various species of Sagittaria (arrowheads), Pistia stratiotes
(water lettuce), species of Pontederia (pickerelweeds), and
species of Typha (cattails) are abundant. Those areas, which I
consider to be most severely impacted, are dominated by large
stands of cattails, or in some instances Salix sp. (willow).
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19. The results of many studies indicate that the
nutrient enrichment of the refuge is causing an imbalance of the
natural flora of the Refuge. In this context, imbalance refers to
abnormally high populations of some species with the
concomitant reduction in the populations of other species.
20. The impact of nutrient enrichment in everglades
marshes can be seen in the large cattail dominated stands which
have developed along the refuge’s canals. Cattails have been
found to respond to short term increases in nutrient availability
by increasing leaf production. This allows these plants to
displace other native everglades species. When nutrient
enrichment occurs, cattail dominated stands develop which
displace sawgrass, wet prairie, and slough communities. Along
the canals on the Refuge, there is a band of cattail, ranging
from several hundred yards to over one mile wide; far beyond the
portions of the marsh disturbed during canal construction. On
the south west edge of the Refuge, a stand of cattail,
approximately 16 miles long and covering approximately 5,000
acres, was present in May, 1987. This stand occupied land
ranging in elevation from approximately 15.5 feet above mean sea
level to approximately 12 feet above mean sea level. This stand
of cattail experienced a wide range of hydroperiods, and at the
southern end of this stand, where land elevations are lowest, the
cattail grows on floating mats. Water surfaces are totally
covered by cattail plant material. This results in low dissolved
oxygen in the water. Two reasons for the low dissolved oxygen
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are; 1) lack of light penetration into the water column to drive
photosynthesis and 2) lack of direct aeration of the water at the
water/air interface. Other biological and chemical processes,
which reduce dissolved oxygen in these areas may also be
occurring.
21. Based on my field observations, it is my opinion
that wildlife does not normally utilize these cattail stands.
Wading birds cannot feed in these areas. Wading birds feed in
relatively open wet prairies, or along the edges of sloughs,
where the vegetation does not hinder their movement. Many of
these birds are sight feeders, and cannot feed in marshes with
dense vegetation, and the organisms on which wading birds feed
are generally absent from the vast cattail stands located on the
Refuge.
22. Snail kites, an endangered species native to the
Everglades, feeds primarily over wet prairies and sloughs. These
birds have a diet which consists almost exclusively of a snail
called the apple snail. Apple snails graze extensively on the
periphyton, which grows in Everglades marshes. Snail kites
typically search for snails by flying over wet prairies and
sloughs and visually locating the snails. Once a snail is
sighted, the snail kite dives into the water to capture the
snail. This type of foraging activity is only possible where
visibility to the waters surface is good, and where a snail kite
can dive to the water’s surface without obstruction from plants.
The large stands of cattail which have developed on the refuge
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are not suitable as foraging areas for snail kites. These
cattail stands have displaced sloughs and wet prairies, as a
result, there has been a loss of snail kite habitat on the
Refuge.
23. In the areas where cattails are floating on the
top of the water column, the aquatic environment below them is
only marginally suitable for the fish and aquatic invertebrates
found elsewhere in the refuge. I have measured dissolved oxygen
concentrations in the water along the refuge's perimeter canal
and in impacted areas. I have found the dissolved oxygen
concentrations in these areas are generally low, often below 1.0
ppm. This is too low to support the aquatic life associated with
the Everglades. The low dissolved oxygen in impacted areas has
resulted in a loss of nursery areas for many aquatic organisms,
and probably a reduction in population sizes. Many aquatic
organisms are at or near the bottom of the food web of the
Everglades ecosystem, and changes in these populations have an
impact on the entire system.
24. In order to prevent further loss of Everglades
habitats, the quality of water entering the Refuge through
surface inflows must be improved immediately. Based on my
knowledge of the Refuge, as much as 24,000 acres may be damaged.
These losses have impaired the ability of the Fish and Wildlife
Service to manage the refuge for the purposes identified above.
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The foregoing matters are true of my own personal knowledge,
and if sworn as a witness, I would competent to testify to these matters
at trial. I declare under penalty of perjury that the foregoing is true
and correct, and that this declaration was executed on September 4, 1990,
at Boynton Beach, Florida.
__________________
Mark D. Maffei, Ph.D.
Declarant |
