G-A N'd-M ..c.:.r".,;,d_. _.......__-....__- . . . . - PI Sb 4/3 --=-- - - - - - - - - - -__ sound Georgia's CoastalManagementPr<.>gram Newsletter Vol. 4, Number 3 July - September, 1998 Program Update By: Dr. Stuart Stevens What exciting times these are! As we move forward with implementation of the Coastal Management Program, many of the plans we had.for the Program are now being realized. Remember that this effort is non-regulatory. The Program was designed around existing laws and regulations. The benefits of the Program include increased training, education, coordination, and compliance assurance. Other benefits include funding .for local projects and federal consistency. _ Many of these benefits are already being realized. Last issue I mentioned the activities of the Savannah Site Office and increased compliance assurance throughout the coast. This continues and has proven its valu~ with discovery and resolution of unauthorized impacts to our coastal marshlands. Much of our efforts have centered on finalizing contracts for Coastal Incentive Grants. Several grants have been executed and are underway. Others await final approval (_ )efore the recipient can begin. Those underway include research projects to investigate -groundwater and sur.face water impacts and development of a sediment budget for the Savannah River entrance. Small scale construction projects should begin soon, such as enhancement of the Darien Waterfront and upgrading several boat ramps in Glynn and' McIntosh Counties. Look for construction signs at these locations acknowledging the Coastal Management Program and NOAA as funding sources. Watch your newspapers for coverage of grant awards. The media has been great about telling our story as we meet with recipients to 'kick off these local projects. Of great pleasure to me has been organizing training workshops and coordinating meetings between clients. Recently I attended a conservation tillage workshop and demonstration which was funded by a Coastal Incentive Grant awarded to the Coastal Soil Conservation District. This workshop, attended by about 35 local farmers, taught techniques to reduce surface soil loss, reduce fertilization, reduce water consumption, reduce energy consumption, and reduce cost while increasing crop yield - all of which are important to Coastal Management. This protects water quality, protects air quality, and is good for the farmers. Another workshop was held to bring scientists from the University of Georgia School of Marine Science and Skidaway Institute of Oceanography together with commercial and recreational fishermen, elected officials, State water managers, and members of the general public to discuss on-going scientific studies of the Satilla River. This workshop was a huge success with a great exchange of knowledge and plans for .future studies. Such workshops are a major focus of the Coastal Management Program. Lastly, federal consistency activities are moving smoothly. Federal consistency requires federal activities such as construction and federal permits to be in compliance with Georgia's laws. So far this year we have reviewed over 50 projects for consistency. These range from simple Corps of Engineers permits for recreational docks to complicated projects such as beach renourishment for Tybee Island. / The Coastal Management Program is already a success for the Coast of Georgia. expect the program will accomplish everything we all hoped it would and more. The Program staff are the best and most professional team I have every had the privilege of working with. They will ensure YOUR Program is the best in the Nation! Inside This Issue: Coastal Managemel1t Update From the Director State Owned Tidal Waters and Marshlands Coastal Incentive Grants Conservation Tillage CoastalArk CoastFest Sapelo Island Info A Closer Look at Shellfish Parent/Child Fishing Derby Do you have an interesting article idea for The GeoYBia sound? If so, we want to hear from YOU! Contact the Coastal Resources Division at 912-264-7218 with your ideas. THE GEORGIA SOUND * Summer 1998 * Page 2 Prom the Dterector Duane Harris, Director Coastal Resources Division As of July 1, my career in Georgia will have spanned 28 years. Beginning as a fisheries biologist with the Game & Fish Commission, an agency which was folded into the newly created Department of Natural Resources in 1972, I became director of the Coastal Resources Division in 1983. It has been a wonderful career and I have been fortunate to participate in some exciting projects and spur of the moment experiences. Here is one. In February, 1979, our offshore research vessel, the RN George T. Bagby, was headed offshore when they encountered a mother and calf right whale near the "STS" buoy at the entrance of the St. Simons ship channel. The crew and scientific staff aboard the Bagby recognized this as a very rare sighting and immediately radioed the office to report their find. Jim Couch, DNR's cinematographer, and Bob Busby, DNR still photographer, were in Brunswick producing a new film about endangered species at that time and I knew they did not have footage of whales for their film. Unfortunately, they had checked out of their motel just 10 minutes earlier. Upon learning they had no state radio in .their car, I phoned the Georgia State Patrol and asked them to find the DNR vehicle between Brunswick and Jesup and send them back to the office. While waiting for the efficient state troopers to do their job, I borrowed a boat from our law enforcement section, made arrangements for our airplane to get airborne, found a videographer from the Federal Law II Enforcement Training Center, and waited. When everyone arrived we loaded the gear into the boat, called the hanger, and proceeded toward our rendezvous with the world's most endangered of the great whales. In 28 years of experiences with DNR, this was, without question, the most memorable. We spent an hour right next to a mother and her calf which was probably not over three weeks old. The calfs curiosity was tempered by the natural wariness of a mother interested only in protecting her child. We were careful to make slow and deliberate movements that would not frighten the mother or calf while we took some of the greatest photos of our careers. That sighting and subsequent discussions with the New England Aquarium and others has resulted in significant increases in the scientific body of knowledge about right whales. This species has never recovered from the days when the right whale was one of the most sought after whales by the whaling fleets. The population in the western North Atlantic is estimated at only 300 animals today. Fortunately, the plight of this extraordinary creature is well-known and we just hope we are not too late to recover the right whale from certain extinction. By the way, did you know that the old nautical charts of coastal Georgia called St. Andrews Sound the "Bay of Righf', and drawings of whales were depicted in the sound.?>1I's interesting to think right whales once inhabited the sound of coastal Georgia. . ~ THE GEORGIA SOUND * Summer 1998 * Page 3 Habitat Management in Georgia's Coastal Area A series by: Terry West What Are State Owned'Tidal Waters and Marshlands? Based on the Public Trust Doctrine of law, the lands beneath waters subject to the ebb and flow of the tide are owned by the State, and held in trust for the benefit of all the people. The Public Trust Doctrine concept dates back to sixth century Roman civil law, and provides that the seas, the . shores of the seas, and the living resources within these waters are common to all mankind and are not understood to be the property of any man, but are instead public property for the use of any person. Roman civil law eventually influenced the legal system philosophy of all Western European . A typical example of Georgia's beautiful marshlands. nations. Most important to American ....- - - - - - - - - - - - - - - - -...... jurisprudence, Roman civil law was adopted in substance by English common law with the implementation of the Magna Charta in 1215. As one of the thirteen original colonies, Georgia is a common law state, and as such, succeeded to the rights of the King of England in the waters, and the lands beneath, subject to the ebb and flow of the tide. A ) number of Supreme Court decisions throughout the years have upheld the fact that the tidal waters and marshlands of Coastal Georgia are owned by the State, in trust for the benefit of all people. A valid Crown Grant from the King of England, or a grant from the Georgia General Assembly, are the only exceptions of State ownership of tidal waters and marshlands. These exceptions are very rare, and such claims must be certified by the State of Georgia, Department of Law. At one point in history, virtually the entire coastal area was conveyed to individuals via a Crown Grant by the King of England. Almost all of these Crown Grants contained stipulations which, if violated, nullified the conveyance and resulted in the granted property reverting back to public trust property status. Some examples of such stipulations include required annual rice cultivation, sustained grazing of livestock, and requirements of male family members to serve in a branch of the armed forces. Persons claiming a valid Crown Grant to Georgia's tidal waters and marshlands should assemble all documentation, including an unbroken chain of title to the lands in question dating back to the original Crown Grant, and submit this information to the State of Georgia, Department of Law for official Verification. While it is still a common practice throughout Coastal Georgia to convey through deed the adjacent tidal marshlands along with ownership interest in upland, in absence of a certified Crown Grant or State Grant, the tidal marshlands and waters are owned by the State of Georgia. All six of Georgia's coastal county governments gladly accept payment of property taxes by individuals claiming ownership of tidal marshlands. The payment of property taxes does not support a claim of ownership to tidal lands and waters. Individuals may contact the respective county tax office and request removal ) of any State owned tidal waters and marshlands from their tax assessment. For more information on State owned marshlands and tidal waters, contact the Habitat Management Program at (912) 264-7218. THE GEORGIA SOUND * Summer 1998 * Page 4 GEORGIA COASTfU .M.ANAGEi\\ENT PROGRi\l\l COf\STf\L lNCEN1-