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1

2 ( NO HIATUS) .

3 Q. Dr. Hackney, can you tell me what

4 you intend to testify about at trial?

5 A. I assume that I will answer whatever

6 questions are asked of me.

7 Q. Do you have any specific areas that

8 you intend to offer conclusions about at trial?

9 A. Yes.

10 Q. Can you or would you please tell me

11 what those areas are?

12 A. I am prepared to answer questions

13 relating to fungi and bacteria as it relates to

14 decomposition.

15 I am prepared to answer questions

16 about cattail and sawgrass growth.

17 I am prepared to offer testimony

18 relating to facets that influence cattail and

19 sawgrass eliminations, sawgrass zonation.

20 I am prepared to offer opinions as

21 to how a lot of the variables relating to the

22 Everglades fit together and relate to plant and

23 and natural communities, assuming someone asked

24 me.

25 I am prepared to answer questions

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1 about the hydrologic alterations relative to

2 what it could do in the general sense of things,

3 in some cases maybe specific.

4 I am prepared to offer opinions

5 relative to successional ideas. Some of the

6 thoughts are parts of others that I have given

7 you.

8 It seems that I have forgotten

9 something and I can't quite remember what I

10 didn't say.

11 Could you read my answer back.

12 (Thereupon answer was read back as

13 reported.)

14 I would say that my testimony is

15 going to likely center around my two areas that

16 I consider my primary expertise. One relates to

17 energetics wetlands systems, many of the

18 components that I have mentioned.

19 The second relates to community

20 dynamics. Again that is also included in some

21 of the details.

22 Q. So those are the two areas of

23 specific expertise, but they may encompass some

24 of the other areas that you mentioned?

25 A. Well, some of the things that I

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1 mentioned earlier are contained within those,

2 and in fact I would say that is primary to what

3 I will be dealing with relative to those subject

4 areas.

5 I mean those are descriptions of

6 topics that could be extremely broad ranging.

7 But my opinions would primarily be

8 related to those areas as they relate to

9 energetics and community dynamics/ interaction,

10 and I would include in that influences of

11 disturbance for both of those as again subject

12 components.

13 Q. When you say that you are prepared

14 to answer questions related to some of these

15 specific areas, for those areas, do you have

16 opinions that you have generated regarding these

17 topics or are you just willing to answer

18 questions?

19 A. Well, both, to the best of my

20 ability.

21 Some of my answers to specific

22 questions would likely be "I don't know", and

23 some would be probably qualified by the quantity

24 of data available and others might be simply

25 speculation, if that is what was requested.

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1 Q. I am going to go through these and

2 ask you some more specific questions on these.

3 The first area that you intend to

4 offer conclusions to, as you said, and I am of

5 course just paraphrasing what you said, but

6 answering questions relating to fungi and

7 bacteria as it relates to decomposition.

8 Would that encompass more than what

9 is set forth in your reports, your draft reports

10 or does that primarily encompass your

11 conclusions in this area?

12 A. I think it encompasses some of the

13 data, some of background documents in terms of

14 references that I have used and so forth.

15 And that document will, to some

16 degree or the other, also attempt to put the

17 phenominum, the fine scale phenominum into a

18 bigger prospective.

19 Q. Do you have any conclusions as to

20 this fungi and bacteria as it relates to

21 decomposition?

22 Do you have any conclusions as to

23 this area that are not set forth in that report?

24 A. There are none. I will not, let me

25 say based on what I have done to now, the answer

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1 is no.

2 But as I told you, I am still again

3 looking and going through those data and going

4 to be again comparing to what other people have

5 done and I envision there will be a change, it

6 could be less robust interpretation, it could be

7 more.

8 Plus there are two documents that I

9 am hoping to get to see sometime before anyone

10 is asking me this question again.

11 Q. What are those two documents?

12 A. Those two documents relate to -- I

13 am not sure that I have the names correct here,

14 the one is the Kraft Richardson dosing studies

15 in which all that I have seen is the first year.

16 I have seen the report and I have

17 seen a draft submitted publication.

18 The second would be the Newman and

19 Grace study which hopefully will be available

20 fairly soon. There may be others.

21 The two documents that I have seen

22 since you asked for my documents last week, for

23 instance, were additional information,

24 additional views, additional since they say the

25 Chapter 15 and 16 from the Everglades.

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1 And I would say as new information

2 becomes available, I would be constantly looking

3 at those data to see whatever they were and

4 reformulating the information that I have, plus

5 my interpretation of how other peoples data fits

6 into the patterns that I think are there.

7 Q. How much time do you anticipate

8 spending over the next several months on this

9 project?

10 A. I really couldn't tell you because I

11 do not know how much of that information is

12 going to be available and how much more is going

13 to be available.

14 I can tell you that based upon the

15 manuscript, that is one little paper that you

16 have, I am probably going to spend another 40,

17 50 hours just working with you and much of that

18 is going to be what I would say, fine scale

19 rewriting, making sure that every part of the

20 manuscript is clear and concise following the

21 general format for journals.

22 Q. How did you get a draft copy of the

23 Kraft Richardson dosing study?

24 A. Well, I haven't seen a draft copy,

25 except for the first year.

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1 Other than I have had a conversation

2 with I think it was Chris Kraft or it might have

3 been Curt Richardson asking them whether the

4 study was still ongoing and that's been probably

5 a year ago.

6 Q. How did you get a copy of the study

7 for the first year?

8 A. The study for the first year -- I

9 think that I have seen several different kinds.

10 One time was as an editor of the General

11 Wetlands when it was submitted for publication.

12 At that time I mean I know I saw it

13 and went through it pretty carefully and I know

14 that I also saw it in several of the

15 depositions. I think I have Mendelsohn's,

16 probably the latest one and I have probably seen

17 it maybe with the Davis documents too.

18 I just can't recall but I have seen

19 it several times.

20 Q. Was that document produced in

21 response to my notice?

22 A. I don't remember if it was the first

23 time. I don't recall it being produced the

24 second time.

25 No, I don't believe, and again I

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1 would have to check with what was produced the

2 first time.

3 I don't remember if that was with my

4 documents or not.

5 Q. If there wasn't, is there any

6 particular reason why you wouldn't have produced

7 that.

8 MR. HYDE: It is a document that is

9 generally available. I don't know if it is

10 encumbent for us to produce documents that the

11 other sides has.

12 These are documents that both

13 Doctors Richardson and Kraft have talked about

14 in a lot of different forms and I have seen

15 copies of it floating around in a lot of the

16 different contexts.

17 MR. NETTLETON: It is not a question

18 of being available. It is a question of knowing

19 what he is relying on, so we would be prepared

20 to ask the questions.

21 MR. HYDE: Well, I don't know that

22 he even said that he was relying on it at this

23 point.

24 He said that he had reviewed the

25 first year on it. That is different than

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1 relying on it.

2 THE WITNESS: Let me clarify this

3 conversation that you all are having.

4 I think I mentioned this document

5 because it is one that when it gets to the stage

6 in which there is a reasonable amount of

7 information, the design of study is such that it

8 should clarify some of the relationships that

9 heretofore are ambiguous, confused, et cetera

10 between hydrology and nutrients.

11 At least that would be my hope.

12 Q. Did you say that you were the editor

13 for the Journal of Wetlands?

14 A. I am an associate editor.

15 Q. How long have you been in that

16 position?

17 A. I was associate editor from 1982

18 through 1987.

19 Then from 1987 through 1990 I was

20 the technical editor.

21 Then from 1993 through present I am

22 an associate editor again.

23 Q. How does the Kraft Richardson study

24 or the Newman and Grace study relate to how

25 fungi and bacteria relate to decomposition?

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1 A. Well, they relate to how the plant

2 is responding to sets of conditions. I am

3 hoping that those two studies will give me some

4 understanding of how that relates with changes

5 in hydrology and changes in nutrients.

6 As I said, I also don't know what

7 other information is going to be in there.

8 What I do know is that there is

9 almost no information, experimental in nature,

10 that was developed I guess before this whole

11 litigation began that does a clear and clear job

12 of looking at those two variables.

13 I am waiting to see what those two

14 documents say about it.

15 Q. How does the Kraft Richardson study

16 do a clear comparison between the effects of

17 nutrients and hydrology?

18 A. I don't know; I haven't seen the

19 final version yet.

20 Q. What leads you to believe that it

21 would?

22 MR. HYDE: I think he said he was

23 hopeful it would.

24 A. I do not know that it will.

25 As I recall, and I do not remember

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1 the details of the design, but I recall that

2 there were going to be dosing experiments in

3 which responsive cattails and sawgrass -- I lost

4 my train of thought.

5 There were going to be dosing

6 studies where cattails and sawgrass were part of

7 the experimental design.

8 As I said, I did not base my

9 testimony up to now on what has come out of that

10 study. It was just one of the documents that

11 might be extremely interesting in reformulating

12 opinions.

13 I have listed those two because

14 those are two that I am aware of. There maybe

15 others that you know about that I don't know

16 about, and if I see them, they go into the big

17 pool of data and understanding and maybe change

18 things and maybe not.

19 Q. Do you think dosing studies are

20 valuable for studying the effects of nutrient

21 systems on the ecosystem.

22 MR. HYDE: Object to the form of

23 question. It calls for speculation and doesn't

24 identify what dosing studies are?

25 A. It is a very broad question. Under

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1 some constraints it can give you part of the

2 picture, a facet.

3 As I stated earlier, there have been

4 very few studies that were done in which there

5 was an attempt to weed out the components of

6 potential interests.

7 Q. What constraints?

8 A. You would have to -- I said that was

9 a very general question and one can design

10 experiments in which you set up experimental

11 conditions and attempt then to evaluate the

12 influence of those experiments, whatever the

13 experiment happens to be.

14 The experiment can be in a green

15 house, it can be in the field.

16 And each type of experiment carries

17 its own limitations and carries its own

18 advantages.

19 Q. Have you reached a final opinion

20 then relating to the issue of fungi and bacteria

21 as it relates to decomposition?

22 A. I do have an opinion now. It may

23 not be my final opinion. My opinion again may

24 change depending on what I see between now and

25 then.

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1 I don't believe that my data is

2 going to alter my opinion substantially one way

3 or the other.

4 Someone else could provide me with

5 the data that could.

6 Q. Is there a specific date by which

7 you have been told to have a final opinion?

8 A. No.

9 MR. HYDE: I would like to interject

10 just a moment for the record here.

11 Dr. Hackney is ready to give his

12 opinions. I think that Dr. Hackney is saying

13 something that many of the other experts in this

14 case are saying, and that is that they are not,

15 after the deposition is over, turning off their

16 brains.

17 They continue to look at things and

18 will continue to look at things for weeks to

19 come.

20 But I think that he has opinions, is

21 ready to give his testimony about what his

22 opinions will be.

23 But I don't think that he is telling

24 you that we are playing some game with you and

25 we are hiding them from you.

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1 The opinions are ready now. We just

2 don't -- nobody turns off their brains after the

3 deposition is over and new information becomes

4 available that could affect things.

5 But I think that is what everybody

6 has been saying.

7 MR. BARTELL: I appreciate that

8 comment.

9 MR. HYDE: I think the best thing to

10 do is ask him if he has an opinion. I think

11 that he told you that he does.

12 Why don't you ask him about it, ask

13 him the basis for it and we can take it if

14 there. Certainly if something changes between

15 now and then, we will have to address that if

16 and when it does occur.

17 But that is something that could

18 occur with any and all of our expert witnesses.

19 I don't anticipate any bold changes of direction

20 from anybody at this point.

21 Q. Just to clarify, is there any

22 specific date by by which you intend to be

23 finished?

24 A. When I'm dead.

25 Let me give you several points of

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1 time which might be of interest to you.

2 As I said, I intend to have this

3 manuscript ready for peer review at the end of

4 March sometime.

5 At that point in time, I think it

6 will reflect my best understanding of this

7 particular facet of what you are interested in.

8 There are other facets that relate to it which

9 are probably more than the big picture that we

10 have been discussing that I suspect are going to

11 continue to develop and change as I see more

12 information.

13 I have not, for instance, seen the

14 now Duke report. I presume there is one coming

15 sometime. There has been an annual report for

16 sometime. I haven't seen that at all and I have

17 no idea what could be in it.

18 There may be documents in it that

19 various agencies are producing which could

20 influence my overall view of things and how I

21 interpret them. But I don't know when they will

22 be.

23 I am constantly looking at documents

24 any time anyone sends them to me. Feel free to

25 send me documents if you wish.

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1 Q. Do you intend to write any reports

2 or put any other opinions onto paper other than

3 the one draft report pertaining to the fungi

4 bacteria as it relates to decomposition?

5 A. Not relative to the Everglades.

6 Q. Relative to this case?

7 A. That is the only document that I

8 anticipate delevoping relative to fungi and

9 bacteria.

10 Q. Do you intend to generate or draft

11 any other documents pertaining to any of these

12 other approximately six to eight areas that you

13 mentioned that you would be prepared to offer

14 opinions at trial?

15 A. No, I have not been asked to produce

16 any such except these.

17 Q. You indicated another area that you

18 would be offering your conclusions or opinions

19 or questions relating to cattail and sawgrass

20 growth.

21 Can you tell me more specifically

22 what conclusions and opinions that you would

23 offer with regard to this area?

24 A. I would say they would probably

25 relate to the variables that influence

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1 combinations of one or the other.

2 Q. Variables such as what?

3 A. Such as hydrology, nutrient loading,

4 however you want to look at that, potential

5 competition.

6 Q. With regard to the nutrient loading,

7 what is your opinion regarding nutrient loading

8 as it relates to cattail and sawgrass growth?

9 A. My opinion is that it is

10 inextricably connected to hydrology and my

11 opinion is that the data connecting growth of

12 cattails and sawgrass to phosphorous is very

13 confusing in terms of the direct relationship

14 that I would have anticipated.

15 Q. What would you have anticipated?

16 A. I think that as a working

17 hypothosis, I would have anticipated that there

18 would have been more direct relationships

19 between let's say soil phosphorous and cattail

20 growth in some of the studies that have been

21 done than were shown.

22 The Urban study, for instance, I

23 thought was provided in an anonmoulous data set

24 in that I really expected there to be, just

25 looking at the design and how it was carried

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1 out, I really would have anticipated their

2 statistical procedures and analysis to have

3 addressed the relationship of cattail production

4 and Sawgrass production to soil phosphorous and

5 phosphorous in the water, for instance, and it

6 didn't as well as I might have suspected.

7 As I said, that is one of the

8 reasons that I am very interested in waiting to

9 see some of the experimental work because that

10 is what it is designed to do.

11 Q. Do you have evidence of any direct

12 relationship between hydrology and cattail

13 and/or sawgrass dominance?

14 A. There are several facets of evidence

15 that I would probably use.

16 One comes from the Urban paper and I

17 can't recall the draft of this. There was one

18 draft for instance where the reviewers -- this

19 was a reviewed draft-- I shouldn't say

20 reviewers, I am not sure who wrote this, it says

21 the only statistical relationship they could

22 find was due to hydrology.

23 The final manuscript which was

24 published independent, used phosphorous loading

25 as the only variable that had a relationship to

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1 cattail sawgrass growth.

2 And the way that variable is

3 generated could very well be a hydrologic --

4 could have a hydrologic characteristic. I

5 couldn't use that alone, but it was an

6 interesting side line.

7 I would also say that my

8 observations having been out in the Everglades,

9 walked around in waders is they were just about

10 to flood in the winter time, leading me to

11 conclude that within small scale variation, that

12 for a large portion, or the time the cattail

13 would be in water, that was 10, 15, 20

14 centimeters deep where they were existing in

15 solid stands.

16 And in areas in which I would see

17 cattail growing, even in background cites, the

18 water level tended to be somewhat higher.

19 Again that is not a big surprise to

20 anyone I think.

21 I will stop there. I am sure there

22 is possibly something else.

23 Q. The question is what evidence of

24 direct relationship between hydrology and

25 cattail or sawgrass dominance and you mentioned

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1 there were several facets of evidence, one of

2 which was this Urban paper, one of which was

3 your time spent in the Everglades.

4 A. Uh-huh.

5 Q. Is there any other examples?

6 A. Yes. I think in some of the areas

7 where there had been some burns and there were

8 alligator holes, I guess I am not sure whether

9 that is a proper term in these cases, but where

10 there was depression, where the water was

11 deeper, the cattails were clearly dominant and

12 under on the edges, sawgrass was clearly

13 dominant.

14 Q. This was from your own observations?

15 A. Uh-huh.

16 Q. Were these areas that you personally

17 made observations in the Everglades near canals

18 or other sources of nutrients loading or let's

19 say man's activities as opposed to way off in

20 the wilderness.

21 Could you sort of describe where the

22 different areas are?

23 A. I would say they would be all of the

24 above, clearly any disturbed areas, cattails are

25 a major component of the community and disturbed

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1 in this case is referring to canals for

2 instance, areas where there had been fires.

3 Q. What other kind of disturbances

4 could there be up there?

5 A. Those are the two that I can think

6 of right now.

7 There were also some cites that were

8 close to levees on the side of a levee, I guess

9 that would be 2-B for instance, where there was

10 not a canal, but the proximity of a levee was

11 such that I would guess there probably would

12 have been some disturbance while the levee was

13 constructed near some of gates for instance on

14 some islands or what had apparently been tree

15 islands at one time.

16 Q. Doctor, going back to the question,

17 were any of these places far from any of these

18 structures or canals?

19 A. Yes.

20 Q. Can you tell me where some of these

21 other locations were where you made these type

22 of observations?

23 A. There were some in Loxahatchee.

24 Q. Can you be more specific and I don't

25 mean latitude; I mean interior along the edges?

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1 A. There were some on what I believe

2 were transectionals A and B, the Loxahatchee

3 entry.

4 These were-- oh, I'm sorry, they

5 are not shown on this figure.

6 Q. The figure that you are refering to

7 is where?

8 A. Is figure one. In that document I

9 had included a number of transections on the

10 Loxahatchee and some were ergosterol data.

11 And there is none in these in what

12 we would be considering as far as the background

13 transectionals as far as the Loxahatchee.

14 So there were some there. There

15 were some in areas that are in the lower part of

16 2-A that were far away from the entrance of--

17 the phosphorous entrance of 2-A.

18 Q. Were they far away from the

19 perimeters of 2-A?

20 A. They were not in the center of 2-A.

21 They were reasonably close to the canal.

22 I don't know what that means, but

23 they were definitely influenced by water that

24 came off the canal versus water flowing across

25 2-A.

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1 Q. How many days did you spend in the

2 Everglades actually in the field?

3 A. You are asking me to real time

4 again. Let me think.

5 I think as part of this project,

6 these studies, I guess, probably about five

7 individual trips with multiple days plus an

8 aerial survey at another time a little bit

9 farther of the Everglades.

10 In terms of total number of days,

11 probably average maybe thirty-five days per

12 trip, something like that.

13 Q. What times of the year?

14 A. I was there in August. I was there

15 I guess at the end of the summer, through the

16 fall and I know I was there in the winter time.

17 I remember that clearly.

18 I think that probably my trips down

19 there. I think the last time that I was there

20 as part of this was in March, early March.

21 Q. Over how many years did these visits

22 span?

23 A. For this projects. It has been

24 since August of '92.

25 Q. Do you intend to offer any opinions

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1 relating to cattail growth vis-a-vis any other

2 species in the Everglades such as elio ocrus?

3 A. No. Elio ocrus the word and the

4 answer is not specific, other than in a generic

5 sense of community dynamics.

6 Q. Other than those different variables

7 that go into cattails and sawgrass growth, this

8 is still within the second area of testimony

9 that you maybe giving opinions on, is there

10 anything else that you might add that you might

11 be offering opinions about?

12 A. Let me make sure that you are clear

13 that these two are not totally separate areas.

14 Microbials of the soil affects whether or not

15 some nutrients are available to the plants for

16 growth.

17 So these two or disparite entities

18 are connected. They are also probably related

19 to the imbalance issue.

20 Q. Is there or can you just summarize

21 your conclusions regarding the imbalance issue?

22 A. There is an imbalance-- in my

23 opinion there is an imbalance in the Everglades

24 ecosystem which is occurring now and is going to

25 continue to occur.

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1 Q. What is that imbalance?

2 A. That imbalance is caused by invasion

3 of exotic species.

4 Q. What is causing exotic species to

5 invade the Everglades?

6 A. Their introduction would be the

7 first answer, meaning they obviously weren't

8 there before they were introduced.

9 Q. So you think any species that

10 migrates the Everglades without man having

11 introduced them?

12 A. Let me kind of finish that line of

13 thought.

14 In most cases introduction of exotic

15 species are not successful in terms of their

16 establishment.

17 What frequently is involved with

18 their establishment is disturbance, big scale,

19 small scale, but some facet of disturbance is

20 always important in the success of exotics.

21 Q. Okay. Then returning back to my

22 last question, do you feel any of these species

23 have migrated the Everglades without man's

24 involvement?

25 A. Of the ones that I am thinking about

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1 in terms of the ones that could have an impact,

2 they were brought to this area by people.

3 Q. What species are we talking about

4 that caused an imbalance?

5 A. I think the Maleluka is clearly one.

6 I think the potential for exotic fish species is

7 a second and perhaps even exotic birds.

8 Q. Do you think the Maleluka needs a

9 disturbance to become established in the

10 Everglades?

11 A. I think that the Maleluka probably

12 could go anywhere it damn well pleases, but I

13 think that its movement is probably enhanced by

14 disturbance, it spreads.

15 The second facet of introduction in

16 the Everglades is the fact that this is a

17 subtropical system which has been inhabited by

18 predominantly temperate species, particularly

19 fish and larger animals.

20 So there could be pretty good

21 theoretical arguments to be made for the fact

22 that some tropical species, if introduced, could

23 displace the temperate counter parts, even

24 without a huge amount of disturbance.

25 The disturbance could probably be

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1 most important but there would be some areas

2 that wouldn't be absolutely totally necessary.

3 Q. The third area that you talked about

4 was zonation.

5 Could you describe what conclusions

6 or opinions that you would offer regarding the

7 zonation of cattail and sawgrass?

8 A. My opinions regarding zonation are

9 that relatively small changes in physical

10 variables, and I would include hydrology and

11 nutrients, water quality, and when I say water

12 quality, I am not just talking about nutrients,

13 I am also including in that changes in salts,

14 for instance, increases in sodium chlorides,

15 small changes in those variables working

16 independently and synergisticly, can lead to a

17 variety of different communities in a relatively

18 small landscape.

19 Q. Is that the conclusion that you

20 would be offering those for your opinion?

21 It seems to me that you have just

22 described what zonation is, but do you have any

23 opinion as to what that means as far as the

24 Everglades in this case?

25 A. My opinion would be that within

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1 certain ranges for all those variables, the

2 common types would be expected to persist

3 without disturbance.

4 With disturbance, one could predict

5 maybe fairly rapid replacements of one zone by

6 another.

7 Q. What are those ranges?

8 A. I don't know. I know that within

9 for instance 15 centimeters of variations in

10 flooding, that you can find six clear vegetative

11 zones that are within a very small hydrologic

12 change, understanding that there are other

13 physical variables that are influencing which

14 zone given species or group of species occupies.

15 Q. You are saying with no other changes

16 to any other parameters of the environmental

17 disturbance?

18 A. I thought you asked me that before,

19 is it a disturbance.

20 It is one of the physical variables

21 that could influence the zonation or where a

22 species might be found.

23 Q. So it is a variable that could lead

24 to a disturbance?

25 A. If for instance a plant grows faster

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1 and grows better in a particular cite and it has

2 more energy available, then what that allows a

3 plant to do is to expand some of that additional

4 energy getting additional nutrients, getting

5 more oxygen to its roots and so forth.

6 So with the influence of a nutrient,

7 that system could allow a species to move

8 slightly one way or the other in its natural

9 zone were it to get the opportunity.

10 Q. But you wouldn't characterize it in

11 and of itself as a disturbance?

12 A. I am using disturbance and I think I

13 now understand why you keep coming to this

14 disturbance and I keep having a hard time

15 understanding what you are dealing with.

16 Because in ecological succession we

17 separate influences in the environment into two

18 really categories.

19 One, we talk about a limitation

20 which primarily deals with soils and nutrients.

21 And the second is we talk about

22 succession that is influenced by disturbance

23 such as fire and wind and so forth that are not

24 related to soils.

25 Soils and the water that are moving

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1 over systems tends to be in separate categories

2 from those that are dealt with in more

3 disturbances.

4 Again you see how I am separating

5 the two, and the influence of adding fertilizers

6 to an area, for instance, is not going to have

7 the same effect.

8 Q. The fourth subject category,

9 whatever it is that you said that you maybe

10 offering opinions or conclusions regarding,

11 talks about how variables relating to plants and

12 animal communities fit together in the

13 Everglades.

14 Again I may not be stating that

15 exactly as you phrased it.

16 Can you explain what opinions or

17 conclusion that you would offer regarding this

18 area?

19 A. Well, I think what I would offer is

20 the fact that with the body of information, the

21 technical information that is available, there

22 are a number of hypothoses that can explain the

23 zonation that we see.

24 There are multiple variants that

25 could influence zonation and that the available

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1 signs has not conclusively separated any of them

2 out as evidence that I would suggest that if you

3 were to do a corrolation of cattail abundance

4 and sodium chloride in the water salt, you would

5 find a very high corrolation in northern 2-A.

6 You also can find probably pretty

7 good corrolations between distance from the

8 canals and cattail density.

9 What I am saying is that the data

10 that we have available to us now that I have had

11 available, and I presume you have the same

12 mostly the same data set, are not conclusive

13 enough to separate many of the variables that

14 are normally a part of what dries a wetland

15 community in terms of zonation.

16 The difficulty of what we are doing

17 is that we are trying to come up with generic

18 understandings of what is a fairly large system

19 which is different across many of the areas that

20 we are really discussing.

21 Many of the papers that I have read

22 have attempted to ignore one of the basic, the

23 basic premise by which we understand wetland

24 functions and that is that there are three

25 important things in determining wetlands

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1 functions and species composition.

2 Those things are hydrology,

3 hydrology and hydrology. In other words,

4 hydrology and the geology of an area are the two

5 components that typically one looks at first.

6 Secondarily, one looks at salinity

7 of the soil or water or nutrients available and

8 they typically are important, but the ability of

9 the plant to use nutrients is heavily influenced

10 by how much water it is flooded by, how long the

11 soil stays anaerobic.

12 Q. All those things are interconnected?

13 A. I guess if there is a theme to what

14 I am saying is that there are multiple

15 variables, each of which would be expected to be

16 important, but almost all of them are tied into

17 hydrology in some way.

18 And I don't see a body of

19 information available to lead me to an absolute

20 certain conclusion as to what is doing it.

21 Q. You mentioned these corrolations of

22 cattail and salt, distance from canals and

23 cattails.

24 Would you expect to see a

25 corrolation between the level of phosohorous and

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1 levels of phosphorous in the water?

2 A. I did, and that is why I am

3 surprised that the Nancy Urban study didn't show

4 that.

5 I am still amazed everytime I think

6 of it. That is the kind of thing that I am

7 sort of hoping the dosing study would shed some

8 light on.

9 Q. You also mentioned that you might

10 expect to answer questions on hydrologic

11 alterations relative to what it could do in a

12 general sense. Could you explain what your

13 conclusions or opinions would be on this

14 subject?

15 A. Okay. Increasing flooding type of a

16 wetland soil for instance, influences the length

17 of time that the soil is anaerobic which can

18 have a great deal to do with nutrients

19 undertaken by plants.

20 It could have a great deal to do

21 with germination of seedlings, survival of the

22 plant itself.

23 Hydrology is an extremely important

24 variable in all facets of wetlands plants, and

25 when I say hydrology, I am including-- I am

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1 using that term in the very broadest sense to

2 include not just length of flooding, but

3 duration of flooding, how long in years is it

4 flooded, and I would even expand it more to

5 include the larger cycles that exist in all the

6 wetlands.

7 In other words, not just the day

8 night cycle but the long term cycles that exist

9 in the Everglades and in many other systems of

10 decades of years.

11 Q. Lastly you mentioned that you may

12 have opinions relative to successional ideas-- I

13 am having trouble with my handwriting.

14 Can you expand upon what this last

15 area is that you mentioned?

16 A. The term that I was looking for

17 earlier was disclimax from disturbances like

18 hurricanes versus a climax in the biotic sense

19 as a community that persists indefinitely given

20 no change in the basic environmental parameters.

21 It is considered a steady state that is

22 reached in community.

23 Climaxes are an important community

24 type because it can represent the end point of

25 community change.

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1 Most areas, when they are first

2 vegetated before there is any soil or anything,

3 will go through a series of communities,

4 ultimately ending in a stable community that is

5 self maintained, persistent over long periods of

6 time to climax.

7 Succession in the biotics of

8 succession as we understand it, is a sequential

9 movement towards a climax community.

10 In wetlands, however, there is

11 tremendous debate as to whether the biotics

12 succession phenominum really does occur.

13 Our understanding of wetlands, and

14 this is generic including the Everglades, our

15 understanding is that wetlands will move towards

16 a steady state or a balance with respect to

17 their position relative to flooding, and that

18 position is maintained by the loss of organic

19 matter from the soil when it dries during parts

20 of the year, mineralization I think is the best

21 term, and the accumulation rate of organics.

22 So when systems reach a steady state

23 over long periods of time, what you basically

24 have is the accumulation sediments or pieces or

25 whatever we are talking about reaching zero.

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1 The communities that are existing in

2 that steady state are fairly stable persisting

3 long periods of times.

4 When you alter the steady state and

5 that alteration can be purely natural, it can be

6 human induced, there are lots of things that can

7 cause it; you could, for instance, increase the

8 water level or decrease the water level, then

9 what basically happens is that the potential for

10 a shift of the community, doesn't mean it is

11 going to happen.

12 It can mean that it can happen,

13 frequently climaxed communities will persist

14 even after there have been some fairly major

15 environmental changes, increased flooding,

16 increased or decreased nutrients, just about

17 anything that I would want to add to that, these

18 communities will persist in some form or

19 fashion.

20 I have seen them persist for 30 or

21 40 years after dramatic alterations with very

22 little change and then frequently either the

23 change becomes so great that the plants simply

24 cannot survive or something else happens to

25 disturb them, fire, hurricane, a freeze, almost

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1 anything that would impact plants already

2 stressed.

3 Then there is effectively a dramatic

4 community shift, sometimes a little farther over

5 a few years going from one dominant community

6 type to another.

7 This is basically what is referred

8 to as a Gleasonian approach to succession in

9 that it is the environmental conditions that are

10 determining what species of plants are there or

11 not, but there is no organized sequence of

12 things that will follow one another.

13 Q. Do you think that is applicable to

14 the Everglades?

15 A. I do.

16 Q. You said in the wetlands there is a

17 debate on whether this sequential moment occurs.

18 What is your opinion?

19 A. I think that for some situations

20 there is clearly some successional development

21 that occurs and that is probably in wetlands

22 that is becoming newly extracted in which

23 hurricanes leaves a sand bar, a sand bar where

24 there was none before.

25 It probably occurred in many kinds

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1 of new habitats.

2 However, once there is some steady

3 state in the physical structure of the

4 environment, what seems to be the case is the

5 species that gets there first and can grow under

6 that set of conditions, then persist for fairly

7 long periods of times until something comes

8 along to disturb them.

9 Then there can be a change and that

10 could be natural or hyper-energetic.

11 Q. From looking at your CV it appears

12 that you have done a lot of work in costal

13 wetlands.

14 Would you describe what work you

15 have done in fresh water wetland areas?

16 A. Many of the wetlands that I work in

17 are wetlands that are transitions from fresh

18 water to saline wetlands.

19 Much of my work now is what we refer

20 to as oligohaline, very low salinity, or would

21 be in costal plane wetlands which would include

22 coastlines.

23 Q. Would you characterize the

24 Everglades as Oligohaline?

25 A. Parts of it.

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1 Q. How about the area around the water

2 conservation areas?

3 A. No.

4 Q. Would you consider those fresh water

5 wetlands?

6 A. Yes.

7 Q. Would you tell me of any other

8 research that you have done on fresh water

9 wetlands that are not Oligohaline or coastal or

10 influenced by salt water merging with fresh

11 water?

12 A. I have worked in the sub-borrial

13 forests pete system in Wisconsin, those are pete

14 based.

15 I have worked in the wetlands in

16 Illinois, both isolated, what are called I think

17 intermediate primary wetlands and wetlands

18 associated with extreme drainages, riparian type

19 of wetlands.

20 I have worked in wetlands in upstate

21 New York which had colonized former primarily

22 glavca.

23 I have worked in pete based Atlantic

24 white sea wetlands in New Jersey.

25 I have worked in fresh water swamps

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1 in Louisiana. I have worked two different kinds

2 in Louisiana, one was the bottom hard wood swamp

3 in northwestern Louisiana.

4 Another was a lowland wetland swamp

5 in southern Louisiana.

6 I worked in -- now some of these it

7 depends on your definition of costal, I have

8 worked in fresh water marshes in Louisiana.

9 I have worked in swamps in the upper

10 Mobile basin.

11 I have worked on the outer coastal

12 peninsula of North Carolina.

13 I have worked on wetlands on Barrier

14 Islands. Do you want me to keep going?

15 Q. How do you define a wetland?

16 MR. HYDE: Ask the Corps of

17 Engineers.

18 A. I would define a wetland as a system

19 whose soil characteristics are heavily

20 influenced by the presence of water for a long

21 enough periods of time to cause anaerobic

22 metabolism in the soil.

23 Q. Have you ever worked with cattails

24 in fresh water?

25 A. Yes.

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1 Q. Where was that?

2 A. Okay.

3 Q. Is this going to be an extensive

4 list?

5 A. It is, and the reason is that

6 cattails are an important component in many

7 wetlands ecosystems, especially those that have

8 had disturbances of some type.

9 It frequently is an early invader

10 into disturbed wetlands, sometimes invading

11 farming needs, for instance, in the bottoms of

12 the furrows.

13 It is also a fairly important

14 component in tidal wetlands where it is

15 important along the upper land wetland fringe.

16 The wetland that I remember

17 extremely well that was dominated by that type

18 was in Upstate New York which was the dominant

19 species.

20 It is frequently in drained

21 wetland. It is frequently a component of the

22 drainage ditches on the edges of canals in

23 places where they throw spoiled material.

24 The Corp of Engineers no longer

25 calls it spoil. It is dredge material and often

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1 it is an important species of those disturbed

2 areas.

3 I am saying disturbed, but there are

4 many situations in which Cattails are a very

5 normal part, another sequence of species that

6 occupies a wetland, particularly after a

7 disturbance.

8 And their role often is one in which

9 they invade disturbed cites, they create large

10 quantities of the biomass, they are highly

11 productive, these can be highly productive.

12 They are capable of producing lots

13 of biomass and very quickly regenerating holes

14 and if you want to think of any day a

15 disturbance like a fire in which it burns out a

16 piece of pete and leaves a deeper area,

17 Cattails are frequently the species that end up

18 in deeper areas like that.

19 And the later role in the sequence

20 of things is to accumulate organic material

21 which they can do fairly rapidly.

22 And in doing so bringing the

23 community back into balance, if you want to

24 think of it that way, getting the depositional

25 environment to where deposition minus oxydation

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1 or mineralization are equal to zero.

2 They are important in that role.

3 Q. So cattails can help bring a system

4 into balance?

5 A. Yes.

6 Q. Even if they are not native?

7 A. Most wetland ecosystems are driven

8 by what happens with mineral accumulation or

9 organic accumulation, pete sediment, again

10 related towards hydrology.

11 Q. Have you found evidence of a hybrid

12 species of cattails in any of these wetlands?

13 A. Yes.

14 Q. In fresh waser?

15 A. Yes.

16 Q. Where was that?

17 A. In New York.

18 Q. How do you know it was a hybrid

19 species?

20 A. It is a documented hybrid, I think

21 Florida glavca is a hybrid between two species,

22 I don't remember which ones, but between two

23 species.

24 Q. In your opinion has there been an

25 increase of cattails in the Everglades over the

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1 last 20 years?

2 A. Yes.

3 Q. What would you attribute that to?

4 A. I would attribute it to a number of

5 factors.

6 The first I would attribute it to

7 and maybe I shouldn't put these in orders, the

8 two important ones in my opinion are

9 disturbances in hydrology and you may have

10 somewhat of a difficult time separating those

11 two because they are clearly related.

12 The effect of drying the Everglades

13 for some period of time, that absolutely had to

14 influence the loss of organic material from the

15 surface of the Everglades.

16 The natural zonation alone would

17 remove a fair bit of that and you could see what

18 was in some of the EAA area where it has been

19 drained and you can see the lost organics.

20 Fires, of course, can have very

21 quick removal of organics, especially lowering

22 the surface of the marsh or the swamp or

23 whatever.

24 Effectively what is going on is that

25 the ecosystem is attempting to come into balance

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1 with its hydrological regiment that has been

2 imposed on it.

3 There are periods of time for many

4 areas that there was a lower water table.

5 Following that, there was an

6 increase in water in which the system is going

7 to again attempt to come to equilibrium. So

8 that is a disturbance.

9 The fire is a disturbance and again

10 how you interpret a disturbance can vary, but

11 the levees themselves, by backing water up at

12 particular places, has almost certainly caused

13 there to be an alteration of hydrology and other

14 things too, including nutrients.

15 Q. In your opinion will disturbances

16 always lead to an increase in available

17 phosphorous?

18 A. Not all kinds of disturbances.

19 Q. What types wouldn't?

20 A. A hurricane for instance that

21 destroyed many of the islands for instance which

22 blew all the trees over, maybe produced higher

23 water tables, that might not lead to any

24 increases in nutrients.

25 Increases in water levels, for

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1 instance, over long periods of time would

2 probably tend to remove nutrients from the

3 system.

4 They would certainly remove nitrogen

5 through the process of denitrofication.

6 They could very well remove other

7 types of nutrients that would be precipitated

8 out or included in the organic material that is

9 burried, all dead plant material, pete and so

10 forth contain nutrients.

11 So the act of production of pete

12 removes nutrients -- removes available nutrients

13 from the system to one degree or the another and

14 the nutrients vary a lot depending on their

15 sizes also.

16 Q. With regard to disturbances that do

17 cause an increase in phosphorous--, let me

18 restate that.

19 The disturbances that are currently

20 ongoing in the water conservation areas, are

21 they causing an increase in phosphorous?

22 A. That are currently going on.

23 The disturbance ending up in WCA2A I

24 would say no.

25 What is actually going on in that

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1 cite itself, I would say that the plant responds

2 to disturbance is in fact removing phosphorous.

3 Q. So would you expect over time for

4 levels of phosphorous to decrease in water

5 conservation area 2-A if present conditions

6 remained unchanged.

7 MR. HYDE: Object to the form of the

8 question, increase why, where? The water and or

9 in the soil.

10 MR. BARTELL: Let's start with in

11 the water.

12 A. If we are just talking about 2-A and

13 we are talking about an isolated system in which

14 the inputs and outputs are rain fall-- .

15 Q. I am talking about if present

16 conditions remain unchanged as far as how

17 hydrology of water conservation area 2-A

18 currently exists, would you expect over time,

19 over the near future or over a long-term for

20 phosphorous levels to start decreasing?

21 A. Phosphorous where?

22 Q. In the water.

23 MR. HYDE: Just for clarification,

24 is this assuming the same limit of hypergenetic

25 source that maybe continuing into those areas?

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1 MR. BARTELL: Yes.

2 MR. HYDE: And natural ones such as

3 from the atmospheric composition.

4 MR. NETTLETON: Say everything being

5 the same?

6 A. I am not sure what the same means.

7 Given the continued movement of phosphorous into

8 the system, into WCA2A, what is anticipated, the

9 big picture is that the system will continue to

10 accumulate phosphorous.

11 It is going to accumulate that

12 phosphorous in the soil as part of the pete and

13 as individual minerals probably does deposit

14 within the pete and that accumulation is going

15 to occur until the system reaches an equilibrium

16 with the hydrology.

17 When that occurs, then the system

18 will stop storing phosphorous and basically pass

19 the phosphorous through.

20 Q. While it is in this process of

21 storing it until it reaches its equilibrium, is

22 phosphorous increasing or decreasing?

23 A. Where?

24 Q. We are still in the water.

25 A. I think the water phosphorous

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1 concentration in the water right now is highly

2 variable spacially.

3 I mean clearly phosphorous gets

4 removed from the water through a whole variety

5 of means. I would anticipate that one would

6 continue to have a gradient just as one does

7 right now.

8 Q. What do you mean by hydrologic

9 equilibrium?

10 A. When the accumulation of organic

11 material reaches the point where accumulation

12 minus oxydation equals zero, there is no net

13 increase in pete.

14 At that point in time, assuming

15 everything else stays the same, the rain fall

16 pattern stays the same, the amount of water

17 going in there stays the same, at that point in

18 time, then the net loading of the pete is going

19 to cease.

20 Q. With regard to these questions that

21 I have just asked you, I limited that to the

22 phosphorous levels in the water.

23 How would your answers change

24 regarding phosphorous levels in the soil?

25 A. That is clearly the location of

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1 phosphorous in terms of its storage. That is

2 clearly where it is going to be stored.

3 Q. So is it currently increasing from

4 today until next week, is phosphorous levels in

5 the soil increasing or decreasing in 2-A?

6 A. Well, big picture, just generically

7 it is going to be increasing.

8 Q. We went through when I asked you

9 what areas that you anticipated testifying at

10 trial and you listed six areas.

11 Then you said you would be focusing

12 on two areas of specialty, energetics wetlands

13 system, what do you mean by that?

14 A. Energetics is the manner through

15 which energy moves through the tropic levels of

16 an ecosystem.

17 Q. Can you explain to the people what

18 that means?

19 A. When a plant captures sunlight, it

20 basically takes the energy that is in that

21 photon of light energy and it transfers it to a

22 chemical form.

23 The total quantities of energy

24 captured in an ecosystem dictates basically how

25 the ecosystem functions, what kinds of

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1 organisims they are going to be in that

2 ecosystem, how big they are, how stable

3 populations are, et cetera.

4 The energetics is basically looking

5 at those combinations between tropic levels,

6 between species.

7 Clear enough?

8 Q. That helps. Do you consider

9 yourself an expert in this area?

10 A. Yes.

11 Q. You also mentioned community

12 dynamics slash interaction.

13 Is that stuff that we have already

14 discussed or is this something more? I

15 understand that there are some overlapping among

16 these areas?

17 A. Yes, there are.

18 Q. Is there anything specifically you

19 can add to the conclusions that you may have

20 regarding community dynamics or interaction?

21 A. I think that we have discussed many

22 of the facets.

23 Our discussion of succession and how

24 individual communities respond to the

25 environmental attributes of a typical cite, I

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1 would include that in community dynamics, how a

2 species influences other species and that can be

3 in terms of competition, it can be in terms of

4 grazing, gradiation.

5 I would include all of those facets

6 under that umbrella.

7 Again many of those we have already

8 explored to some degree.

9 Q. My understanding or based on going

10 through these questions with you, it seems that

11 I have covered or you have explained to me all

12 the areas that you anticipate giving testimony

13 about or any conclusions that you have to date

14 which may come up in this case.

15 Is there anything else that you

16 might add that you think that you might be

17 offering opinions about or conclusions on at

18 trial?

19 A. Well, I think that some of the

20 central issues of imbalance are included in the

21 energetics as I would discuss it and I think

22 those are the only details that we probably

23 haven't explored very thoroughly that I can

24 think of.

25 Q. This is the central issue of

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1 imbalance within the energetics. That wasn't

2 the question that I asked. Could you explain to

3 me what you mean?

4 A. Well, shifts in energy availability

5 or quantity and quality can effect the types of

6 species that are going to be supported in that

7 community.

8 For instance, shifting from an

9 aqueous environment like the more flooded

10 prairie situation to a less flooded situation,

11 would and could change the species that are

12 likely to be using the energy produced by the

13 plants.

14 Q. What are other examples of shifts

15 that you would calls shifts in energy available

16 besides for instance water levels?

17 A. Well, the removal of large

18 quantities of energy from the available energy

19 pool through pete deposition for instance.

20 The replacement of a species of a

21 primary procedure by another one that was more

22 or less palatable and those are the kinds of

23 things that could professionally lead to changes

24 in species composition.

25 What I would sort of say about that

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1 is again, what you are really looking at depends

2 a lot on scale.

3 If you took any meters squared in

4 just about any ecosystem, you could probably

5 find shifts in the species that are there over

6 some time scale due to purely natural things or

7 due to other things going on.

8 So from a standpoint of species

9 shift, I think you have to look at the whole

10 system.

11 You can't isolate one square meter

12 of cattail or sawgrass and say that's what is

13 going on and, therefore, there is an imbalance.

14 So one has to look at the entire

15 system and see if the system has changed.

16 The example for the Everglades that

17 I will give you, which is a clear example, is a

18 shift from orbaceous species in parts of the

19 Everglades to woody species occupying the same

20 facilities of a hydrologic regimen.

21 Q. What do you think is causing that?

22 A. A change in primary producers from

23 sawgrass, Typha and all the other species that

24 we have discussed, the Maleluka for instance.

25 That clearly is a significant change

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1 in the way in which energy is moving through the

2 system.

3 MR. BARTELL: Let's take a little

4 recess.

5 (Recess taken.)

6 Q. I ask you to please mark this as

7 Exhibit 3.

8 ( Thereupon exhibit 3 was marked for

9 identification).

10 MR. BARTELL: Let the record reflect

11 that we have just had exhibit number three or an

12 exhibit marked as exhibit number three which is

13 Dr. Hackney's draft report and Dr. Hackney is

14 going to make a statement regarding this

15 exhibit.

16 THE WITNESS: For the record, this

17 is a partial draft of a document that will have

18 this title and was not ready for distribution.

19 BY MR. BARTELL:

20 Q. Dr. Hackney I am showing you what

21 has been marked as exhibit number three.

22 Would you please identify this

23 document to the extent that we have not

24 already.

25 A. Why that is the document that was

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1 provided to you per your duces tecum.

2 Q. Is this the first draft of this

3 document?

4 A. It would depends on what you call a

5 draft.

6 I think right now my computer shows

7 that there has been 30 some drafts, but each

8 time someone walks into my office or at some

9 point in time where I stop and I save it, that

10 constitutes a computer draft.

11 That doesn't constitute what I call

12 a draft.

13 I would say this is a preliminary

14 draft.

15 Q. Is this the latest draft?

16 A. I am sure-- I know there are several

17 updates on the computer of this since this was

18 sent, probably at least one or two a day.

19 Q. Are any of those significant

20 changes?

21 A. I am not sure what the word

22 significant--- none of them change any of the

23 points of the documents, but some of the points

24 are not completed in this document.

25 So those changes are going towards

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1 completing some of those ideas, some of which

2 are totally undeveloped in this.

3 Q. As we going through this document

4 and we aren't going to be going through it word

5 by words, would you please if you see an area

6 that has some changes, indentify them.

7 I would like to ask you to turn to

8 Page 3. I don't see a Page 2 to the document.

9 A. There should be a Page 2. There

10 should be because there is an abstract somewhere

11 for this. There is an abstract of Page 2 that

12 was provided.

13 I think there is an abstract on the

14 document that now exists that was on that

15 document.

16 But I would also tell you that I had

17 a nightmare getting that off the computer and it

18 was a matter of it coming off the computer,

19 putting that paper clip on there with that note

20 that you all notice and shipping it to you all.

21 I did not review that document when

22 it came off the computer so I could not swear

23 there was an abstract with it.

24 Q. According to the Bate Stamp there is

25 not a missing page so it seems from what I have

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1 now is how it was provided to us.

2 Nonetheless could I ask that this

3 second page be provided to us?

4 A. Yes.

5 MR. HYDE: No problem.

6 Q. Referring or I would like to ask you

7 to refer to Page 3.

8 In the first paragraph about halfway

9 through this first paragraph there is a sentence

10 that starts " when water levels in wetlands are

11 higher -- I will just read the sentence,"When

12 water levels are higher than normal, organic

13 materials accumulates and when lower than normal

14 decomposition increases and there is a net

15 annual loss of organic matter".

16 But what I would like to ask you is

17 how do you know this. Where did this conclusion

18 come from?

19 A. This conclusion comes from the basic

20 paradigms of how wetlands grow and develop.

21 If you wanted to review this in

22 detail, I would refer you to Mithchell

23 Groslings 1986 book titled Wetlands and it may

24 very well be there. I know that I added a

25 number of additional references, preliminary

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1 draft articles.

2 I normally draft-- it starts out

3 with an introductory set of materials, much of

4 which I then go back and add the reference, the

5 backup statements, like that one.

6 I can't remember if that has been

7 done for this or not.

8 Q. I would like to ask you to turn to

9 page four and just put on the record that page

10 four is 1261768 which is Earl Blank's Bate stamp

11 number.

12 I would like to ask you to refer to

13 the last paragraph and I am looking at the last

14 two sentences which set forth what the study

15 sets out to do.

16 Doctor, I would like to ask you to

17 read those seven answers and then again I am

18 going to ask you to explain to me what this

19 proves or what this is attempting to

20 demonstrate?

21 A. Okay. Would you like me to read

22 these.

23 Q. You can read them to yourself.

24 A. All right.

25 Q. I just want you to understand what

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1 we are talking about. These are the last two

2 sentences on page four.

3 MR. HYDE: It might be clear for

4 record to read them into the record.

5 A. Okay. The first sentence states

6 "This study examined the concentration of fungi

7 in surface pete across the Everglades in areas

8 subjected to increase flooding and nutrient

9 loading and in the areas less impacted by

10 nutrients".

11 This refers to the examination of

12 the quantification of fungi through ergosterol

13 measures in the course that we've discussed

14 earlier.

15 The second sentence goes into the

16 importance of fungi in decomposition of Typha

17 and Cladium leaves was examined under both high

18 and low nutrient conditions in WCA-2A, and this

19 relates to our discussion on respiration

20 earlier.

21 Q. Is that a pretty concise summary of

22 what it is that you were trying to accomplish or

23 what this study does?

24 A. Yes. It doesn't elaborate on all

25 the facets of those. It doesn't discuss the

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1 real importance of fungi and bacteria in the

2 decomposition but yeah, it summarizes them.

3 Q. What I would like to ask you to do,

4 I am going to scuffle to do is if you could, try

5 to explain to me what this would demonstrate or

6 what this demonstrates.

7 I have read your reports and I have

8 to confess I still don't understand what it is

9 that this shows.

10 Can you explain that to me in lay

11 persons terms where I might be able to

12 understand it?

13 A. Okay. Let's start from the

14 beginning.

15 The first thing it shows is that

16 fungi are a component of the soil/pete/root

17 complex within the Everglades and that they are

18 found in both Typha and sawgrass stands, that

19 they are found under high nutrient and low

20 nutrient conditions and that there is a

21 reasonable amount of spacial variation.

22 Q. Between what?

23 A. Between the presence or absence of

24 quantities.

25 In other words, there is not an even

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1 amount scattered everywhere. There is a fair

2 bit of variation within each species and across

3 the Everglades, and the data also show that

4 there does not appear to be any relationship

5 between quantities of fungi and soil phosphorous

6 or nearness to the EEA.

7 Q. Is that the conclusion?

8 A. That is what the study basically

9 shows.

10 Q. That there is no relationship

11 between-- would you fill that in for me?

12 A. There is no relationship between the

13 biomass of fungi as demonstrated through

14 ergosterol measures and one species of plants or

15 others, or with respect to phosphorous quantity

16 and soil or with respect to nearness to the EAA

17 and that measure was basically using latitude

18 and longitude.

19 Q. Now I understand what this report

20 has done and what the conclusion that is reached

21 is. Now what does that mean.

22 So there is no relationship. What

23 does that tell you? What does that have to do

24 with the Everglades?

25 A. There are several questions there.

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1 From a purely scientific standpoint, it is

2 purely fascinating.

3 From the standpoint of your

4 interest, what it says, what it says to me is

5 that it addresses what I would call my working

6 hypothesis.

7 And that working hyphothesis was

8 whether different species of plants, for

9 instance, would have different relationships to

10 fungi and whether increased growth of plants in

11 the high nutrient area alter the quantities of

12 fungi in those areas.

13 The cells could have been in either

14 direction. It could have been that more

15 nutrient availability for instance would fuel

16 more plant growth which would make the habitat

17 better for fungi or it could have been the other

18 way and made it worse for fungi.

19 What I have was an interest in

20 knowing whether there was a changed area in

21 which there appeared to be an identical primary

22 conductive activity.

23 Q. Forgive me but I am trying to

24 understand what is the difference if there is

25 fungi or not. What does that demonstrate?

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1 MR. HYDE: I think that is the

2 point, that tjere isn't a difference.

3 BY MR. BARTELL:

4 Q. I don't mean to be sarcastic, but I

5 mean, so what? What is that showing us?

6 A. It is showing us if for instance

7 let's take the two possible alternatives that we

8 could have seen, one, we could have seen that

9 there was for instance a loss of fungi from the

10 soils under it, increased nutrients, that could

11 tell us something about the impact the nutrients

12 were having on the plants themselves.

13 That could influence the manner in

14 which nutrients are sequestered. It could

15 influence the way pete was accumulating.

16 It would tell us a lot about why one

17 species could maybe have a competitive advantage

18 in terms of soil interactions.

19 On the other hand, if there is no

20 difference between the two, it basically is</