NONNATIVE OYSTERS IN THE CHESAPEAKE BAY

Committee on Nonnative Oysters in the Chesapeake Bay

Ocean Studies Board

Division on Earth and Life Studies

NATIONAL RESEARCH COUNCIL OF THE NATIONAL ACADEMIES

THE NATIONAL ACADEMIES PRESS
Washington, D.C.
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Nonnative Oysters in the Chesapeake Bay NONNATIVE OYSTERS IN THE CHESAPEAKE BAY Committee on Nonnative Oysters in the Chesapeake Bay Ocean Studies Board Division on Earth and Life Studies NATIONAL RESEARCH COUNCIL OF THE NATIONAL ACADEMIES THE NATIONAL ACADEMIES PRESS Washington, D.C. www.nap.edu

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Nonnative Oysters in the Chesapeake Bay THE NATIONAL ACADEMIES PRESS 500 Fifth Street, N.W. Washington, DC 20001 NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for this report were chosen for their special competences and with regard for appropriate balance. This study was supported by a contract between the National Academies and the following entities: Contract No. 50-DGNA-1-90024 from the U.S. Environmental Protection Agency, Contract No. 50-DGNA-1-90024 from the National Oceanic and Atmospheric Administration, Cooperative Agreement No. 50181-2-J030 from the U.S. Fish and Wildlife Service, Grant from the National Fish and Wildlife Foundation, Grant from the Maryland Department of Natural Resources, Purchase Order No. D227024-4 from the Virginia Sea Grant, Grant No. NA070Z0136-01 from the Virginia Department of Environmental Quality, Grant No. SA7293808L.SA7528018F from the Maryland Sea Grant, and Purchase Order No. D227024-4 from the Connecticut Sea Grant. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the authors and do not necessarily reflect the views of the organizations or agencies that provided support for the study. This study was funded in part by a contract from the National Oceanic and Atmospheric Administration. The views expressed herein are those of the author(s) and do not necessarily reflect the views of NOAA or any of its sub agencies. Library of Congress Catalog Number: 2003117095 International Standard Book Number: 0-309-09052-0 (Book) International Standard Book Number: 0-309-52696-5 (PDF) Additional copies of this report are available from the National Academies Press, 500 Fifth Street, N.W., Lockbox 285, Washington, DC 20055; (800) 624-6242 or (202) 334-3313 (in the Washington metropolitan area); Internet, http://www.nap.edu Copyright 2004 by the National Academy of Sciences. All rights reserved. Printed in the United States of America

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Nonnative Oysters in the Chesapeake Bay THE NATIONAL ACADEMIES Advisers to the Nation on Science, Engineering, and Medicine The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Bruce M. Alberts is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. Wm. A. Wulf is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Bruce M. Alberts and Dr. Wm. A. Wulf are chair and vice chair, respectively, of the National Research Council. www.national-academies.org

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Nonnative Oysters in the Chesapeake Bay COMMITTEE ON NONNATIVE OYSTERS IN THE CHESAPEAKE BAY JAMES ANDERSON (Cochair), University of Rhode Island, Kingston DENNIS HEDGECOCK (Cochair), University of California, Davis MARK BERRIGAN, Florida Department of Agriculture and Consumer Services, Division of Aquaculture, Tallahassee KEITH CRIDDLE, Utah State University, Logan WILLIAM DEWEY, Taylor Shellfish Company, Inc., Shelton, Washington SUSAN FORD, Rutgers University, Port Norris, New Jersey PHILIPPE GOULLETQUER, IFREMER, Paris, France RICHARD HILDRETH, University of Oregon, Eugene MICHAEL PAOLISSO, University of Maryland, College Park NANCY TARGETT, University of Delaware, Lewes ROBERT WHITLATCH, University of Connecticut, Groton Staff SUSAN ROBERTS, Study Director KIM WADDELL, Senior Program Officer SUSAN PARK, Christine Mirzayan Science and Technology Policy Intern DENISE GREENE, Senior Project Assistant SARAH CAPOTE, Project Assistant The work of this committee was overseen by the Ocean Studies Board.

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Nonnative Oysters in the Chesapeake Bay OCEAN STUDIES BOARD NANCY RABALAIS (Chair), Louisiana Universities Marine Consortium, Chauvin ARTHUR BAGGEROER, Massachusetts Institute of Technology, Cambridge JAMES COLEMAN, Louisiana State University, Baton Rouge LARRY CROWDER, Duke University, Beaufort, North Carolina RICHARD B. DERISO, Inter-American Tropical Tuna Commission, La Jolla, California ROBERT B. DITTON, Texas A&M University, College Station EARL DOYLE, Shell Oil (retired), Sugar Land, Texas ROBERT DUCE, Texas A&M University, College Station PAUL G. GAFFNEY II, National Defense University, Washington, DC WAYNE R. GEYER, Woods Hole Oceanographic Institution, Woods Hole, Massachusetts STANLEY R. HART, Woods Hole Oceanographic Institution, Woods Hole, Massachusetts MIRIAM KASTNER, Scripps Institution of Oceanography, La Jolla, California RALPH S. LEWIS, Connecticut Geological Survey, Hartford WILLIAM F. MARCUSON III, U.S. Army Corp of Engineers (retired), Vicksburg, Mississippi JULIAN P. MCCREARY, JR., University of Hawaii, Honolulu JACQUELINE MICHEL, Research Planning, Inc., Columbia, South Carolina SCOTT NIXON, University of Rhode Island, Narragansett SHIRLEY A. POMPONI, Harbor Branch Oceanographic Institution, Fort Pierce, Florida FRED N. SPIESS, Scripps Institution of Oceanography, La Jolla, California JON G. SUTINEN, University of Rhode Island, Kingston NANCY TARGETT, University of Delaware, Lewes Staff MORGAN GOPNIK, Director JENNIFER MERRILL, Senior Program Officer SUSAN ROBERTS, Senior Program Officer DAN WALKER, Senior Program Officer JOANNE BINTZ, Program Officer TERRY SCHAEFER, Program Officer

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Nonnative Oysters in the Chesapeake Bay ROBIN MORRIS, Financial Officer JOHN DANDELSKI, Research Associate SHIREL SMITH, Administrative Associate JODI BACHIM, Senior Project Assistant NANCY CAPUTO, Senior Project Assistant DENISE GREENE, Senior Project Assistant SARAH CAPOTE, Project Assistant BYRON MASON, Project Assistant

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Nonnative Oysters in the Chesapeake Bay Acknowledgments The committee would like to acknowledge the Scientific and Technical Advisory Committee of the Chesapeake Bay Program (STAC) for cosponsoring the Workshop on Nonnative Oysters in the Chesapeake Bay, held on October 7-8, 2002, in Fredericksburg, VA (see Appendix H), especially the efforts of Kevin Sellner (executive secretary) and Melissa Bugg (staff). This report was greatly enhanced by the participants at the first meeting and workshop held as part of this study. The committee would like to acknowledge the efforts of those who gave presentations at the meetings. These talks helped set the stage for fruitful discussions in the closed sessions that followed. Stan Allen, Virginia Institute of Marine Science Jim Andreasen, U.S. Environmental Protection Agency Lowell Bahner, National Oceanic and Atmospheric Administration Gene Burreson, Virginia Institute of Marine Science Frank Dawson, Maryland Department of Natural Resources Mike Fritz, U.S. Environmental Protection Agency Pat Gaffney, University of Delaware Bill Goldsborough, Chesapeake Bay Foundation Eric Hallerman, Virginia Polytechnic Institute and State University Carl Hershner, Virginia Institute of Marine Science Eileen Hofmann, Old Dominion University Bob Hume, U.S. Army Corps of Engineers Chris Judy, Maryland Department of Natural Resources

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Nonnative Oysters in the Chesapeake Bay Tom Kellum, W. E. Kellum Seafood Victor Kennedy, University of Maryland Fred Kern, National Oceanic and Atmospheric Administration Doug Lipton, University of Maryland Mark Luckenbach, Virginia Institute of Marine Science Roger Mann, Virginia Institute of Marine Science Laura McKay, Virginia Department of Environmental Quality Frederika Moser, Maryland Sea Grant Roger Newell, University of Maryland Ken Paynter, University of Maryland Karen Rivara, East Coast Shellfish Growers Association Larry Simns, Maryland Watermen’s Association Julie Thompson, U.S. Fish and Wildlife Service Casey Todd, Metompkin Bay Oyster Jack Travelstead, Virginia Marine Resources Commission George Washington, Virginia Watermen’s Association The committee is also grateful to a number of people who provided important material for this report: Stan Allen, Atlantic States Marine Fisheries Commission, Katherine Holt, Lisa Kline, Charles Peterson, and the Chesapeake Bay Program Scientific and Technical Advisory Committee office. This report has been reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise, in accordance with procedures approved by the National Research Council’s Report Review Committee. The purpose of this independent review is to provide candid and critical comments that will assist the institution in making its published report as sound as possible and to ensure that the report meets institutional standards for objectivity, evidence, and responsiveness to the study charge. The review comments and draft manuscript remain confidential to protect the integrity of the deliberative process. We wish to thank the following individuals for their participation in the review of this report: Michael Beck, The Nature Conservancy, Santa Cruz, California Neil Bourne, Department of Fisheries and Oceans, Nanaimo, Canada Eugene Burreson, Virginia Institute of Marine Science, Gloucester Point Edwin Grosholz, University of California, Davis Eric Hallerman, Virginia Polytechnic Institute and State University Walter Keithly, Jr., Louisiana State University, Baton Rouge Chris Langdon, Oregon State University, Newport

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Nonnative Oysters in the Chesapeake Bay Bonnie McCay, Rutgers University, New Brunswick, New Jersey Charles Peterson, University of North Carolina, Morehead City Edella Schlager, University of Arizona, Tucson John Supan, Louisiana State University Sea Grant, Baton Rouge Although the reviewers listed above provided many constructive comments and suggestions, they were not asked to endorse the conclusions or recommendations nor did they see the final draft of the report before its release. The review of this report was overseen by Judith McDowell, Woods Hole Oceanographic Institution, appointed by the Division on Earth and Life Studies and May Berenbaum, Univerisity of Illinois, appointed by the Report Review Committee, who were responsible for making certain that an independent examination of this report was carried out in accordance with institutional procedures and that all review comments were carefully considered. Responsibility for the final content of this report rests entirely with the authoring committee and the institution.

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Nonnative Oysters in the Chesapeake Bay Contents 1   EXECUTIVE SUMMARY   1      Expectations and Perspective,   1      Loss of the Native Oyster,   2      How Might C. ariakensis Affect the Ecology of the Chesapeake Bay?   3      What Are the Potential Economic and Social Impacts of a Nonnative Oyster?   5      Adequacy of Regulatory and Institutional Structures,   7      Management Options,   7     Option 1: Prohibit Introduction of Nonnative Oysters,   8     Option 2: Open-Water Aquaculture of Triploid Oysters,   9     Option 3: Introduction of Reproductive Diploid Oysters,   11      Choosing Among the Management Alternatives,   12      Recommendations for Establishing Standards for Nonnative Oyster Aquaculture,   13 2   INTRODUCTION AND OVERVIEW   15      History of Oysters in the Chesapeake Bay,   15      Report Organization,   21      Chesapeake Bay Limnology and Oceanography,   22      Physical Description,   22      Changes in Human Population and Land Use,   25      Nutrients and Sedimentation,   26 3   BACKGROUND ON INTRODUCED SPECIES   28      Brief Overview,   28      Case Studies of Shellfish Introductions,   32

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Nonnative Oysters in the Chesapeake Bay      France,   32      Australia,   39      New Zealand,   41      Western North America,   42      Eastern and Gulf Coasts of North America,   54      Chapter Summary,   59 4   OYSTER BIOLOGY   60      General Biology of Oysters,   60      Diseases of Oysters,   62      Crassostrea virginica,   68      Life History,   68      Ecological Value of C. virginica in Chesapeake Bay,   72      Diseases,   80      Disease Resistance,   84      Crassostrea ariakensis,   89      Life History,   89      Disease and Disease Resistance,   94      Summary,   97 5   SOCIAL AND ECONOMIC VALUE OF OYSTERS IN THE CHESAPEAKE BAY   100      Maryland and Virginia State Summaries,   108      Maryland,   108      Virginia,   111      Recreational and Amenity Benefits,   114      Summary,   118 6   HISTORY AND CURRENT STATUS OF RESTORING NATIVE OYSTER REEFS IN THE CHESAPEAKE BAY   120      Introduction,   120      Need for Restoration,   122      History of Oyster Restoration in the Chesapeake Bay,   125      Virginia,   125      Maryland,   127      Evaluation of Oyster Resource Restoration Programs Before 1990,   131      Current Oyster Restoration Programs,   132      Evaluation of Contemporary Oyster Restoration Programs,   133      Fishery-Driven Restoration Versus Ecological Restoration,   138      Alternative Hatchery-Based Management Strategies,   140      Draft Comprehensive Oyster Management Plan,   142

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Nonnative Oysters in the Chesapeake Bay      Potential Constraints to Long-Term Restoration Projects,   143      Funding,   143      Time,   144      Continuous Epizootics,   144      Baywide Recovery (10-fold Increase in Biomass),   144      Self-Sustaining Oyster Populations,   145      Hatchery Production,   145      Sources of Shell for Reef Construction,   146      Social and Cultural Aspects of Restoration,   146      Summary,   148 7   OYSTER AQUACULTURE   150      Present Worldwide Status,   150      Oyster Culture in Chesapeake Bay,   151      Oyster Culture Worldwide,   151      Seed Supply,   153      Grow-Out Facilities,   155      Triploidy and Reversion,   156      Summary,   160 8   REGULATORY FRAMEWORK FOR MANAGING PROPOSED INTRODUCTIONS   162      Introduction,   162      State,   162      Virginia,   163      Maryland,   165      North Carolina,   166      Other States and Countries,   166      Federal,   167      Executive Order 13112,   167      Lacey Act,   168      National Invasive Species Act,   168      Federal Animal Protection Laws,   168      Rivers and Harbors Act § 10 and Clean Water Act § 404 and Related Statutes,   169      Other Issues Related to the Clean Water Act,   171      Code of Conduct for Responsible Aquaculture Development in the U.S. Exclusive Economic Zone,   174      Interjurisdictional,   174      Coastal Zone Management Act,   174      Chesapeake Bay Program,   177      Atlantic States Marine Fisheries Commission,   178

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Nonnative Oysters in the Chesapeake Bay      Potomac River Fisheries Commission,   178      International,   179      International Council for the Exploration of the Sea Convention,   179      Convention on Biological Diversity,   180      1995 Food and Agriculture Organization Code of Conduct for Responsible Fisheries,   181      Ramsar Convention,   181      United Nations Convention on the Law of the Sea,   181      World Trade Organization SPS Agreement,   182      Office International des Epizooties Agreement,   183      Summary,   184 9   ELEMENTS OF RISK ASSESSMENT FOR THE INTRODUCTION OF CRASSOSTREA ARIAKENSIS IN THE CHESAPEAKE BAY   187      Background on Risk Assessment,   187      Risk Factors,   192      Ecological Risk,   192      The International Council for the Exploration of the Sea Code of Practice,   198      Risk to Social, Economic, and Cultural Systems,   209      Implementation Risk,   218      Management Options,   222     Option 1.Status Quo, No Introduction of Nonnative Oysters,   225     Option 2.Open-Water Aquaculture of Triploid Oysters,   226     Option 3.Introduction of Reproductive Diploid Oysters,   228      Findings,   230 10   DECISION MAKING AND RECOMMENDATIONS FOR FUTURE RESEARCH   232      To Introduce or Not to Introduce?   232      Unrealistic Expectations and Common Misconceptions,   236      Recommendations,   241      Biosecurity Against Rogue Introductions,   241      Development of Standards for Regulating Nonnative Oyster Aquaculture,   241      Biological Research,   242      Decision Making and Regulatory Framework,   244      Economic and Sociocultural Analyses,   246

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Nonnative Oysters in the Chesapeake Bay     REFERENCES   249     APPENDIXES   283     A   COMMITTEE AND STAFF BIOGRAPHIES   285     B   LETTER REPORT TO THE VIRGINIA MARINE RESOURCES COMMISSION   290     C   ACRONYMS   297     *D   STATE LEGAL DOCUMENTS   299     *E   FEDERAL LEGAL DOCUMENTS   301     *F   INTERNATIONAL LAW DOCUMENTS   303     *G   CHESAPEAKE BAY PROGRAM REPORTS   305     H   COMMITTEE MEETING AGENDAS   306     I   LETTERS REQUESTING A STUDY ON NONNATIVE OYSTERS IN THE CHESAPEAKE BAY   310     J   GLOSSARY   320     K   SCIENTIFIC AND COMMON NAMES   323 *   Appendixes D through G are found on the CD-Rom attached to the inside back cover.

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Nonnative Oysters in the Chesapeake Bay NONNATIVE OYSTERS IN THE CHESAPEAKE BAY

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