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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
WHY THE FISH ARE DYING
Stuart Lieberman, Esq.,

There is yet additional evidence that we humans are not good neighbors to the other animals found on earth. By over-developing our communities such that too much sewage is being discharged into water bodies, by not engaging in the most efficient farm managing practices, and by allowing chemicals to runoff our lawns and streets into local streams, we have caused serious strain on our public water bodies.

Case in point: what has happened over the past few years to the Chesapeake Bay and other bodies of water from Maryland to Florida. It appears that these waters have become inundated with an ancient microorganism called Pfiesteria. And toxins which are released by this free floating, single celled organism have caused skin lesions on fish. In higher concentrations, they have killed very large numbers of fish.

In fact, some reports indicate that more than one billion (with a "B") fish were killed by Pfiesteria in North Carolina, alone since 1991. There were also major fish kills in the Chesapeake Bay, where mostly menhaden were affected.

In 1997, the following rivers were closed because of Pfiesteria outbreaks: the Choptank River, the Cicamacomico River, the Manokin River, the Pocomoke River, the Rappahannock River and the Patuxent River. The single cell animal has been found as far north as the Delaware Bay all the way down to Florida. Clearly, this is a very real and significant problem.

Though by far not the only cause, many published reports have linked nutrient enrichment sources, such as pig and chicken manure from farm operations, to the proliferation of the Pfiesteria. Thus, one approach for addressing the problem might be to reduce, or better manage, the introduction of these nutrients into the water bodies.

I had the privilege of asking Andrew S. Kane, Ph.D. some questions about this problem. He is an Associate Director of the Aquatic Pathobiology Center at the University of Maryland, School of Medicine. He advises that to his knowledge the problem is not currently under control. However, he stated that there are studies underway which are evaluating the relationship between environmental conditions, such as the agricultural practices and residential runoff discussed above, and the Pfiesteria. According to Dr. Kane, there may be legislative attempts to better control the introduction of these nutrients into the Chesapeake Bay.

Pfiesteria apparently affects humans as well as fish. A report in The Lancet Medical Journal stated that there was evidence some fishermen and other workers were also made ill as a result of direct contact with Pfiesteria-contaminated water. Memory and learning problems were reported, and some also suffered from skin sores. In each case, the problem diminished over a period of months. You should note that these people apparently were not made sick from eating sick fish. Rather, they apparently had direct contact with the affected water.

At this time, it appears that scientists are not sure that Pfiesteria actually made these people ill. Evidence suggests that it did, but I do not believe that this is considered to be conclusive. If you require further information, you should contact your local health department, your state health department, or your state environmental regulatory agency.

While we still have time to enjoy our green lawns, remember that fertilizer and pesticide runoff, which goes into the street and then into storm drains, ultimately pollutes streams, lakes, ponds, and oceans. When that happens, all aquatic life is placed in harm's way. And when we fish those waters, we too fall in harm's way.

Homeowners and farmers need to gain better control over the use and depositing of fertilizers, pesticides and animal waste. Run-off must be reduced by careful application and proper, safe disposal. Otherwise, it all goes into the water and makes everything and everyone sick. After all, we are what we eat -- and we eat what we are.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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