U.S. seagrasses sprout where they hadn't: causing legal issues

As seagrasses expand, state considers new rules to protect them

The Associated Press Fay Observer 24 Dec 07;

An unexpected expansion of underwater seagrass along North Carolina's coast has come as state agencies work on a revised definition of the habitat, a discussion that could protect more areas from human disturbance.

Officials with the North Carolina Division of Marine Fisheries have said the state must modify the definition of seagrass to more accurately describe the habitat _ and possibly help identify and protect areas that could support the seagrass.

But much of the shallow areas ideal for seagrass growth lies in territory ideal for piers or docks. So the discussion among state officials has some regulators and developers worried about what a new definition could mean for coastal development.

"Unfortunately, it's an awkward situation," said Jim Leutze, the former University of North Carolina at Wilmington chancellor who serves on both the Coastal Resources and Marine Fisheries commissions. "But both sides are trying to do the best they can within their responsibilities."

The debate comes as clusters of the so-called submerged aquatic vegetation have sprouted in places where it hadn't been for years. Researchers are trying to figure out whether the grasses are recolonizing old habitat or expanding their range _ and why they're doing so.

New beds are popping up around Topsail Island and appear ready to grow in New Hanover's highly developed tidal creeks and other coastal waters.

The seagrass, found in North Carolina's coastal waters from the Cape Fear River north into Virginia, is critical habitat for a range of sea life from fish to flora. Submerged aquatic vegetation usually grows in water less than 6 feet deep. Water clarity, strength of the current and sedimentation are also critical in determining where the grasses may grow.

Smaller fish seek protection in the beds, other small animals attach themselves to the blades of grass or eat the plants themselves, and big fish and other animals come into the vegetation looking for food.

"You end up with a big food web that's very productive and supports a high-diversity of animal life," Deaton said.

State regulators have for decades treated the areas like a rare commodity, limiting dredging and dock building around them.

Fisheries officials have said a new, broad-based definition is important because some of the vegetation is seasonal. Others can appear one year and not the next. And regulators want to make sure that dredging or development won't cut into the areas where seagrass could grow.

But that could make it difficult for regulators to determine the locations of seagrass beds that aren't always present. And other regulators have worried about an avalanche of permit appeals from developers.

Leutze said officials have to be practical about what a new definition would mean for waterfront property owners and development.

Officials have formed a small committee to find a compromise for differing interests. They hope to have a unified definition by early next year.

Mike Durako, a marine biologist at UNC Wilmington, said while dredging through sea grass effectively destroys the seagrass habitat, people can still build smaller docks to limit how much water they shadow.

"Having seagrass doesn't necessarily prevent people from developing their shoreline," Durako said. "But accommodations have to be made."

Information from: The Star-News