New York State Department Of Environmental Conservation Research Articles

A Comparison of Two Macroinvertebrate Multi-Plate Sampling Methods to Inform Great Lakes Monitoring and Remediation Efforts.

Hester-Dendy (HD) multi-plate samplers have been widely used by state and federal government agencies for bioassessment of water quality through use of macroinvertebrate community data. To help guide remediation and restoration efforts at the Niagara River Great Lakes Area of Concern site, a multi-agency study was conducted in 2014 to assess the contribution of seven major urban tributaries on the US side of the river toward the impairment of the Niagara River. As part of this study, macroinvertebrate communities were sampled using two co-located versions of HD samplers: one version used by the New York State Department of Environmental Conservation (NYSDEC) and another by the US Environmental Protection Agency Office of Research and Development. Samplers were deployed in tributaries in highly developed watersheds with high percent impervious surface. The two sampling methods varied in terms of number and size of plates, between-plate spacing, and deployment method. Comparison of the similarity/grouping of communities with multivariate ordination techniques, Nonmetric Multidimensional Scaling and Multi-Response Permutation Procedure, showed that both methods were able to detect differences in communities at stations, despite some grouping by month and method. The indices and metrics derived from the two HD methods were found to give comparable but not identical assessments of water quality. Despite their differences, the methods were robust with respect to water quality categories derived from indices used nationally (HBI) and by NY state (BAP). For the common richness metrics, total taxa and EPT richness, there was no statistical difference between means from 3 samplings. Some metrics, especially percent tolerant collector-gatherer individuals, did show significant differences at certain stations. Indicator Species Analysis showed some taxa associated with each method. The observed community differences were thought mostly due to the difference in sampler deployment position.

New York State’s WAVE Method - Evaluation of a Method for Water Quality Monitoring by Citizen Scientists using Benthic Macroinvertebrates

New York State Department of Environmental Conservation (NYSDEC) has developed a robust citizen science macroinvertebrate sampling method. The metric relies on the presence and not the absence of key macroinvertebrates and therefore is resistant to collection and sorting errors. It identifies unimpaired streams with high confidence (0.1% type 1 errors) and at a reasonable efficiency compared to NYSDEC’s multimetric index of biological integrity (54%). We rank remaining stream samples for further investigation using a calculated probability of impairment. This method is valuable as a tool for large monitoring programs with limited resources for quality assurance checks. The value of this method goes beyond data collection, however, as data of known quality is an effective communication tool between citizen scientists and state regulatory agencies and/or local decision makers.

Public involvement, trust, and support for endangered species programs

AbstractThe success of wildlife conservation, including endangered species programs, often depends on public support. We examined public support for threatened and endangered species management in New York State (NYS) and the factors influencing support. We surveyed 3 stakeholder groups important to the NYS Department of Environmental Conservation (DEC) in 2017: residents of upstate New York, hunters, and anglers. We measured support in 2 ways: (1) the importance people placed on the government protecting threatened and endangered species in NYS, and (2) satisfaction with DEC's efforts to protect these species. Using structural equation modeling, we examined factors hypothesized to increase public support: trust in the agency, adequate public involvement in decision‐making, and the perceived importance of program outcomes. For hunters and anglers, we found that perceived adequacy of public involvement was positively related to program satisfaction, but only because it fostered perceptions of good management decisions. Although adequacy of public involvement also contributed to program satisfaction for upstate residents, we found no evidence that they were more satisfied because they thought public involvement led to better decisions. For all 3 groups the perception of adequate public involvement was directly related to trust in the agency, which in turn was positively related to belief in agency competency to protect threatened and endangered species. Our results suggest that wildlife managers can enhance public satisfaction with decisions and programs through public involvement, communication about how public involvement contributes to decisions, and building trust in the agency.

Ambient Size-Segregated Particulate Matter Characterization from a Port in Upstate New York

Air pollution impacts human health and the environment, especially in urban cities with substantial industrial activities and vehicular traffic emissions. Despite increasingly strict regulations put in place by regulatory agencies, air pollution is still a significant environmental problem in cities across the world. The objective of this study was to evaluate the environmental pollution from stationary and mobile sources using real-time monitoring and sampling techniques to characterize size-segregated particulate matter (PM), black carbon (BC), and ozone (O3) at the Port of Albany, NY. Air pollution monitoring was carried out for 3 consecutive weeks under a 24-hour cycle in 2018 at the New York State Department of Environmental Conservation (NYSDEC) site within the Port. Sampling was done with an AEROCET 531, optical particle sizer (OPS), ozone monitor, and MicroAeth AE51. Higher mass and number concentrations of size-segregated particles were observed during the daytime. PM2.5 and PM10 concentrations ranged from 1 to 271 micrograms per cubic meter (µg/m3) and 1 to 344 µg/m3, respectively. While these values do not exceed the level of the USEPA 24-hour standards, frequent sharp peaks were observed at higher concentrations. Size-segregated PM at sizes 0.3 µm and 0.374 µm recorded maximum concentrations of 101,631 particle number per cubic centimeter (#/cm3) and 43,432 #/cm3, respectively. Wide variations were observed in the particle number concentrations for 0.3 µm, 0.374 µm, and 0.465 µm sizes, which ranged from 1521 to 101,631 #/cm3; 656 to 43,432 #/cm3; and 311 to 29,271 #/cm3, respectively. BC concentration increased during morning and evening rush hours with the maximum concentration of 11,971 ng/m3 recorded at 8:00 AM. This suggests that mobile sources are the primary contributor to anthropogenic sources of BC within the Port. Episodic elevations in the concentrations of size-segregated PM and BC confirmed the contribution of industrial and vehicular activities around the Port of Albany. This study underscores the importance of measuring particles on a size-segregated basis in order to more fully understand the contributions of the multiple sources present within and surrounding a port environment.

The Contaminated Realities of a Post-IBM Endicott Today

Endicott, a small town in the Southern Tier of New York, experienced great economic success due to the birth of IBM in 1911 through the late 1900s. Today, the town is left with environmental degradation and is tainted by carcinogens as a result. The post-industrial town has endured corporate-state mitigation efforts for years. This research will explore the realities of the toxic plume in the twenty years since operations have ended at the IBM-Endicott plant. Through implementing participant observations and a myriad of interviews with experts, including NYSDEC (New York State Department of Environmental Conservation) officials and Endicott residents, the plume’s lingering situation was revealed. The chemical spill continues to leave mixed emotions within the community. Some are angered at IBM, some retain their loyalty and respect, and others have come to terms with the efforts made and now see the plume as a part of Endicott’s history. This “toxic plume” is the worst reality of the possible effects that powerful corporations can impose on small towns, a reality that has become a fear for many such communities around the world. The ongoing story of the Endicott plume fits into the greater picture for the need of environmental justice; it is an example of precautions needed to be put into place for other industrial towns to prevent pollution and contamination.

Comparison of current Federal Reference Methods for ambient lead measurements adjacent to a secondary lead smelter

ABSTRACT The United States Environmental Protection Agency (EPA) reduced their National Ambient Air Quality Standard (NAAQS) for lead (Pb) an order of magnitude to a concentration level of 0.15 micrograms per cubic meter (µg/m3) when the new rule was promulgated in 2008. At that time, the possibility of revising the Pb sampling method from total suspended particulate (TSP) to particulate matter less than or equal to 10 µm in diameter (PM10) was considered due to potential measurement bias of the Pb-TSP monitoring technique. The New York State Department of Environmental Conservation (NYSDEC) has been operating source-orientated colocated TSP and PM10 monitors documenting ambient air lead (Pb) concentrations since 2011 at a site adjacent to a secondary Pb smelter in Wallkill, New York. The colocated Wallkill data show a very strong correlation between the readings recorded by these two sampling techniques. After the range of the variability in the individual Pb-PM10/Pb-TSP ratios was reduced by using a 0.005 µg/m3 concentration cut point, because of the concerns about the measurements at low concentrations, an adjustment factor (AF) of 1.49 was calculated using the remaining data set. This AF can be used to estimate Pb-TSP concentrations from Pb-PM10 readings at this Wallkill source-orientated location. It was stated by the EPA that there is only a limited data set in situations where Pb-TSP and Pb-PM10 are colocated, especially for those sites considered to be source-oriented, so the analyses performed and summarized herein for the Wallkill colocated airborne Pb concentration data add to that limited data set. Implications: These data analyses add to the limited data set in situations where Pb-TSP and Pb-PM10 are colocated to help refine the derivation of a site-specific adjustment factor for estimating TSP Pb concentrations from measured PM10 Pb concentrations. This could assist the EPA in transitioning away from the use of the Pb-TSP monitoring technique, with its indicated measurement bias, for the Pb NAAQS to the use of Pb-PM10 instead. An adjustment factor of 1.49 was calculated that could be used to estimate Pb-TSP concentrations from Pb-PM10 values collected around this source-orientated location.

Use of the Pesticide Intermediate Benzene Hexachloride as a Tracer to Determine Liability

Solvent alleged that chlorinated benzene contamination detected in Solvent's offsite groundwater recovery wells was 98% due to releases from the neighboring Olin chlorobenzene production facility and only 2% due to Solvent's nearby chlorinated benzene production facility. However, Solvent's position was complicated by the fact that it had acknowledged that its operations had impacted site contamination levels. Solvent's position was that the onsite contamination was partially due to Olin, but it faced an uphill struggle because the New York State Department of Environmental Conservation (NYSDEC) had assigned Solvent responsibility for the Hot Spot cleanup at the Olin site. However, Solvent was able to recover virtually the entire amount of its Hot Spot costs attributable to chlorinated benzenes from Olin, as well as the full percentage of allocation they requested from Olin for the Solvent site through the useof chemical tracers such as benzene hexachloride (BHC).

Anything but a Walk in the Park: Framing Analysis of the Adirondack State Park Land Classification Conflict

State and national park land management is rife with conflict, be it either over how land is managed within the park or how it affects adjacent private lands. The Adirondack Park in upstate New York is an especially interesting case due to its unique mix of public and private lands within the boundaries of the park, often referred to as the Blue Line. A recent land acquisition by the New York State Department of Environmental Conservation (NYSDEC) and the resultant land classification process is the most recent conflict in the region in a long line of land use/land designation conflicts. In the wake of recent attempts for greater collaboration, we explored this conflict by conducting a framing analysis of both stakeholders’ online presence (i.e., websites and blogs) and local news media coverage of the classification process. Primary stakeholders included local town residents, sportsmen groups, NYSDEC, Adirondack Park Agency, local government, and environmental groups. We found that stakeholder groups’ online materials utilized frames to describe their objectives based on different values. Dominant frames included a “reasonable access” frame used by residents and town officials to highlight rights to accessible use. Environmental groups heavily used an “environmental protection” frame, highlighting the ecologically important wetlands and opportunity to increase lands designated as “Wilderness”. In news media articles, the dominant frame was the “conflict frame”, portraying the decision-making process as riddled with tension and incompatibility. These frames indicate that the conflict over land classification stems from different values of accessibility and strong wilderness protection as well as being communicated as intractable by the media.

Changes in Gas-Phase Air Pollutants across New York State, USA

ABSTRACTOver the past several decades, the New York State Department of Environmental Conservation (NYSDEC) has monitored air quality in urban, suburban, and rural locations across the state. Such data are used to determine compliance with national ambient air quality standards (NAAQS), as well as track the effectiveness of pollutant emission controls. This paper summarizes the changes in gas-phase criteria and related pollutants on an annual, seasonal and diurnal basis across New York, USA. Annual average and peak concentrations of carbon monoxide (CO), nitrogen dioxide (NO2), and sulfur dioxide (SO2) have decreased by 50% or more since 1980 across New York, generally consistent with anthropogenic emissions reductions across different source sectors over the past 35 years. At the same time, annual average concentrations of the secondary pollutant ozone (O3) appear flat or are increasing even though peak daily 8-hour concentrations have declined. This pollutant will likely remain a challenging public health issue for the foreseeable future.

Validation of a Macroinvertebrate-Based Index of Nutrient Status in Streams Using Macroinvertebrate, Water-Chemistry, and Diatom Data

Abstract Determination of the causes of water-impairment is a critical part of bioassessment, and it is useful to be able to infer causes from the same sampling data used to assess the impairment. Determination of excess nutrient inputs to a waterbody as a cause of impairment is especially important because of the severity and ubiquity of nutrient-related water-quality problems nationwide. To that end, we tested and validated in New Jersey waters a macroinvertebrate-based nutrient biotic index (NBI) for phosphorus and nitrogen developed by the New York State Department of Environmental Conservation (NYSDEC). We used macroinvertebrate, water-chemistry, and diatom data from New Jersey streams collected in the state biomonitoring program and a study of diatom—nutrient relationships. We calculated tolerance values for widespread taxa based on frequency of occurrence in samples from sites with a range of nutrient concentrations. The NBI of a sample was calculated as a sum of the tolerance values of taxa in a s...

Geochemical Distribution, Enrichment, and Potential Toxicity of Trace Metals in the Surface Sediments of Okinawa Mangrove, Southwest Japan

Surface sediments along the coast of Okinawa Island were analyzed to determine their geochemical compositions, and to assess sediment quality and the potential for ecological harm, based on comparison with established international sediment quality guidelines. The Contamination factor (CF) and the geoaccumualtion index (Igeo) of As, Pb, Zn, Cu, Ni, and Cr were computed to determine the pollution status of the mangrove and foreshore sediments. The lowest effect level (LEL) and the severe effect level (SEL) established by the New York State Department of Environmental Conservation (NYSDEC), and the threshold effect level (TEL) value and the probable effect level (PEL) developed by the Canadian Council of Ministers of the Environment (CCME) were the benchmarks applied to assess the potential for ecological harm. Among the sampling set, the highest average concentration of Pb (22 mg/kg), Zn (82 mg/kg), Ni (26 mg/kg), and Cr (81 mg/kg) occurred in the Ohura mangrove sediments, that of As (17 mg/kg) in the Gesashi mangrove, and that of Cu (22 mg/kg) in the suspended solids. The loss on ignition values of the foreshore sediments (20.32%) are nearly two and three times greater than that of the Gesashi mangrove and the Ohura mangrove, respectively. On average, the CFs of As, Pb, Zn, Cu, Ni, and Cr in the suspended solids, those of Pb, Zn, Cu, Ni, and Cr in the Gesashi mangrove and foreshore sediments, and those of Ni and Cr in the Ohura mangrove display low contamination (CF<=1), whereas the average CF of As in the three sampling areas show moderate enrichment (CF:1-3). The average Igeo values indicate that among the selected trace metals, only As in the Gesashi and Ohura mangroves show significant values, but even these are rated as unpolluted to moderately polluted (Igeo:0-1). The average concentrations of As in the Gesashi and Ohura mangroves and the foreshore sediments exceed both the LEL and TEL, but fall below the SEL and PEL, suggesting that this metal may moderately impact biota health. This is also the case for Cu and Ni in the Ohura mangrove and the suspended solids, and for Cr in the Ohura mangrove.

SCENIC HUDSON'S LONG DOCK PARK CULTIVATING RESILIENCE: TRANSFORMING A POST-INDUSTRIAL BROWNFIELD INTO A FUNCTIONAL ECOSYSTEM

INTRODUCTION Scenic Hudson's Long Dock Park is a resilient living work of art and a vibrant community asset for the Hudson River Valley. A 23-acre peninsula on the east side of the Hudson at Beacon, New York, the site includes the Peter J. Sharp Park and the Klara Sauer Hudson River Trail. Two decades in the making, beginning in 1997, it took a decade to plan and remediate, and, by its completion in early 2017, it will have taken just as long to build and recover. In 1997, nonprofit Scenic Hudson, the largest environmental and land preservation group focused on the Hudson River Valley, started assembling the different ownership parcels of the Long Dock site. From 1999 to 2003, they engaged the Beacon community through a series of community meetings and workshops to articulate its vision for its waterfront and cleanup of the site began. From 2003 to 2007, the design team developed the architectural and site program for the project, restoration measures, and its physical expression with the client. Working with the City and the New York State Department of Environmental Conservation (NYSDEC), the project completed the State Environmental Quality Review Act (SEQR) process, filing a Draft Environmental Impact Statement (DEIS) and received approval of the final EIS ensuring that there was significant environmental, social, or economic value. The NYSDEC and the U.S. Army Corps of Engineers (USACE) were also directly involved in oversight of the brownfield remediation and work within the Hudson River and site wetlands. With the SEQR process complete and approval of a mitigation plan from the USACE, the team worked with the City of Beacon to complete the site plan application process for construction. Our mandate was clear from the start—build resilience, but realize it incrementally. The project's first phase, opened in 2009, included additional remediation and removal of contaminated soils, removal of invasive species, stabilization of the south shoreline, a test plot for different materials, a wetland boardwalk and interior pathways, installation of native plantings, and site-specific artwork. By 2014, the landscape's multiple character zones were complete: the established meadow, the connective network of trails and boardwalks, the working site infrastructure of wetlands with swales and seeps, the dynamic intertidal zone, and earthen buttresses. A new pavilion for kayak storage and rentals and an arts and environmental education center in the historic Red Barn were significant additions for the program and community engagement of the park (refer to Figure 1). Over the past summer of 2016, portions of the site originally designed as a LEED platinum eco-hotel and conference center are now being remediated and reconceived as a new civic plaza, amphitheater, overlook west deck, boardwalk at Quiet Harbor, and a shade structure with an area for food trucks. Long Dock Park will continue to adjust and adapt to changing circumstances of ecology, climate change, flooding and sea level rise, and culture. Our original goals of renewing and revealing the historic waterfront, increasing public access to the river, restoring degraded environmental conditions, and demonstrating exemplary, environmentally sensitive development—these are complete. And the park was one of the first pilot projects for the Sustainable-SITES certification program and subsequently received SITES's highest rating of a SITES project at the time. Even as we considered program, spatial organization, and aesthetics, our work also sought to create in Long Dock a functional and sustainable ecosystem. The park's design needed to initiate natural processes for the degraded post-industrial brownfield to function and sustain ecosystem services that had not existed before. The design of healthy soils, the integration of hydrology, and the establishment of native plant communities form the true story of the site's transformation from postindustrial ruin into a significant waterfront park.

Management decision making for fisher populations informed by occupancy modeling

Harvest data are often used by wildlife managers when setting harvest regulations for species because the data are regularly collected and do not require implementation of logistically and financially challenging studies to obtain the data. However, when harvest data are not available because an area had not previously supported a harvest season, alternative approaches are required to help inform management decision making. When distribution or density data are required across large areas, occupancy modeling is a useful approach, and under certain conditions, can be used as a surrogate for density. We collaborated with the New York State Department of Environmental Conservation (NYSDEC) to conduct a camera trapping study across a 70,096-km2 region of southern New York in areas that were currently open to fisher (Pekania [Martes] pennanti) harvest and those that had been closed to harvest for approximately 65 years. We used detection–nondetection data at 826 sites to model occupancy as a function of site-level landscape characteristics while accounting for sampling variation. Fisher occupancy was influenced positively by the proportion of conifer and mixed-wood forest within a 15-km2 grid cell and negatively associated with road density and the proportion of agriculture. Model-averaged predictions indicated high occupancy probabilities (>0.90) when road densities were low ( 0.50). Predicted occupancy ranged 0.41–0.67 in wildlife management units (WMUs) currently open to trapping, which could be used to guide a minimum occupancy threshold for opening new areas to trapping seasons. There were 5 WMUs that had been closed to trapping but had an average predicted occupancy of 0.52 (0.07 SE), and above the threshold of 0.41. These areas are currently under consideration by NYSDEC for opening a conservative harvest season. We demonstrate the use of occupancy modeling as an aid to management decision making when harvest-related data are unavailable and when budgetary constraints do not allow for capture–recapture studies to directly estimate density. © 2016 The Wildlife Society.

Dispatches

Dispatches

Characterization and Phylogenetic Analysis of the Cytochrome B Gene (cytb) in Salvelinus fontinalis, Salmo trutta and Salvelinus fontinalis X Salmo trutta Within the Lake Champlain Basin

In 2011, record snowfall and rainfall along with tropical storm Irene damaged trout habitat within the tributaries of the Lake Champlain Basin, causing the Salvelinus fontinalis (brook trout) population to decline. In response, the New York State Department of Environmental Conservation (NYDEC) placed the genetic monitoring of S. fontinalis as a priority. Mitochondrial cytochrome b (cytb) is one of the most studied genes to date across vertebrates. The cytb gene has been commonly used to study genetic variation and suggest phylogenetic relationships. To date, no cytochrome b genes have been sequenced from S. fontinalis, Salmo trutta (brown trout), and Salvelinus fontinalis X Salmo trutta (tiger trout) found within the Lake Champlain Basin. In this study, twenty-one trout DNA samples were sequenced and analyzed for sequence alignment, codon usage, and phylogenetic relationships. The sample size was limited due to the reduced number of trout within these tributaries. The results of the bioinformatics analysis supported a high DNA sequence identity for the non-native, stocked S. trutta samples, but not for the S. fontinalis. However, all fish samples demonstrated a highly identical amino acid sequence. Finally, the data did not support the proposed hypothesis that there would be greater differences in the DNA sequences the farther apart the collection sites were located. The data gathered in this study was part of the initial genetic screening of the trout populations and was shared with the NYDEC, the U.S. Department of Interior-Fish and Wildlife Vermont Division and the Lake Champlain Research Institute. These data may play a role in their decision making with regard to trout habitat and the stocking of the tributaries with S. trutta.

NYSDEC's DER‐31/Green Remediation Policy Influences Tool Development and Global Program

AbstractThe New York State Department of Environmental Conservation (NYSDEC) Division of Environmental Remediation (DER) issued a program policy focused on the overall sustainability of hazardous waste site cleanups on August 11, 2010. This DER‐31/Green Remediation program policy (DER‐31) was issued in accordance with 6 New York Codes, Rules and Regulations (NYCRR) Part 375 Environmental Remediation Programs. DER‐31 represents one of the first government‐issued green and sustainable remediation (GSR) policies in the United States. Consistent with other DER policies, DER‐31's provisions are broadly considered to be an expectation/requirement. GSR experts from within AECOM's Remediation Services (RS) Practice Area developed and implemented a GSR program designed to comply with DER‐31 provisions and have now broadly incorporated GSR into our New York remediation projects. Lessons learned from this experience in New York have influenced AECOM's global GSR program and implementation procedures and prompted the development of a new GSR tool (GSRxTM) for identifying and assessing GSR best management practices (BMPs), which has also been employed globally. © 2013 Wiley Periodicals, Inc.

Is Urban Stormwater Ready for Pollutant Trading? Long Island Sound Pollutant Trading Initiative

Is Urban Stormwater Ready for Pollutant Trading? Long Island Sound Pollutant Trading InitiativeThe National Fish and Wildlife Federation (NFWF) has been working with the New York State Department of Environmental Conservation (NYSDEC) and the State of Connecticut Department of Environmental Protection (CTDEP) to develop a pollutant trading scheme for nutrients in Long Island Sound (LIS). CTDEP had successfully implemented a nutrient trading scheme for Publicly Owned Treatment Works (POTW)...Author(s)Richard HaimannSrinivasan RangarajanSourceProceedings of the Water Environment FederationDocument typeConference PaperPublisherWater Environment FederationPrint publication date Oct, 2013ISSN1938-6478DOI10.2175/193864713813716101Volume / Issue2013 / 9Content sourceWEFTECCopyright2013Word count295

Elemental composition of sediments in Lake Jinzai, Japan: Assessment of sources and pollution

Bottom sediments from Lake Jinzai in southwest Japan were analyzed to determine their chemical compositions and to assess the potential for ecological harm by comparison with sediment quality guidelines. The pollution status of lake sediments was evaluated by employing contamination factor (CF), pollution load index (PLI), and geoaccumulation index (I(geo)), focusing on a suite of elements in lakebed and core sediments. Elevated concentrations of As, Pb, Zn, Cu, TOC, N, and P were present in several layers of the upper core and other surface sediments. The elevated metal concentrations are likely related to the fine-grained nature of the sediments, reducing bottom conditions produced by abundant organic matter, and possibly minor non-point anthropogenic sources. Moreover, correlations between the concentrations of trace metals and organic carbon, nitrogen, phosphorus, and iron, suggest that these elements play a role in controlling abundances. Calculated CF, PLI, and I(geo) indicate that the sediments are strongly polluted with respect to As, moderately to strongly polluted with Zn, and moderately polluted with Pb and Cu. Metal concentrations exceed the New York State Department of Environmental Conservation (NYSDEC) lowest effect level and the Canadian Council of Ministers of the Environment (CCME) interim sediment quality guidelines that indicate moderate impact on aquatic organisms in the study area.

State Legislative Oversight - A Case Study: New York State Legislature and High-Volume Hydraulic Fracturing of Natural Gas

New York’s position following other States’ development of fossil gas via high-volume hydraulic fracturing (HVHF) drilling, and the actions of its State Assembly and Senate Environmental Conservation (EnCon) Committees integrated the efforts and facilitated the communications of a wide network of stakeholder organizations and independent experts. These networking efforts were key factors explaining how New York State Legislature performed more effective oversight over agency HVHF well permitting processes than other states. In overseeing the New York State Department of Environmental Conservation (NYSDEC) HVHF permitting process, the legislature held committee investigations and hearings, reviewed agency regulations, made dozens of oversight recommendations to NYSDEC, and passed a temporary moratorium on issuing permits for hydraulic fracturing. Governor Paterson vetoed the moratorium because he felt it would deny new permits for low-volume hydraulic fracturing operations conforming to current requirements, and issued an executive order suspending “high-volume, horizontal hydraulic fracturing,” thus potentially allowing vertical drilling HVHF. Vertical HVHF requires more well pads and vertical bores to produce the same amount of gas, potentially increasing risk of upwards migration of gas and carcinogenic and radioactive fluids into aquifers from well casing failures caused by high-pressure fracking. Will Patterson’s failure to suspend all HVHF create pressure on NYSDEC to issue vertical HVHF permits, or will NYSDEC continue revising its permitting processes in response to public input and legislative oversight requests? If NYSDEC continues its process, oil & gas companies are likely to be subject to more stringent requirements and to experience fewer financial pressures to employ risky drilling practices in New York than in other states thanks in large part to New York State’s effective legislative oversight.

Distribution of Lake Sturgeon in New York: 11 Years of Restoration Management

Lake sturgeon (Acipenser fulvescens) are native within the Lake Ontario drainage basin and listed as threatened by New York State. In 1995 the New York State Department of Environmental Conservation (NYSDEC) initiated restoration management of lake sturgeon. This management included both protection of extant populations and stocking of uninhabited historic waters with juvenile sturgeon. A list compiled by NYSDEC of observations of lake sturgeon from New York State waters for the period encompassing 1800–2005 was combined with recent observations through 2008 and formatted (Geographic Information System) to allow mapping of sturgeon geographical distribution. Distributions of pre- and post-restoration sturgeon were examined by occurrence and type of observation. Distribution patterns indicated lakes and rivers with current sturgeon presence have increased from five to eight, which was the first-phase goal of the New York Lake Sturgeon Recovery Plan. Lake sturgeon have started to expand into joining water to include the Indian R., Oneida R., Seneca R. and Oswego R. The protected historic populations in the Niagara R., Grasse R., St. Lawrence R., and Lakes Erie and Ontario continue to have low numbers of sturgeon observations. This summary of mapped lake sturgeon distribution information will help in guiding research assessments to waters containing substantial populations. These accessible reaches provide a generous advantage to the released juveniles as they move toward the next goal of restoration, spawning of sturgeon in targeted waters.