The National Environmental Policy Act (NEPA) requires that an Environmental Impact Statement (EIS) be completed to describe the
possible environmental effects of any proposal or project in which the federal government is involved. Federal agencies must submit an EIS for projects that they undertake themselves. An EIS also is required if a project is federally funded or licensed.
An EIS describes the possible environmental effects of the proposed action, and evaluates possible alternatives and their associated
impacts. The U.S. Environmental Protection Agency (EPA) reviews and comments on EISs, maintains a national filing system for all EISs, and publishes a weekly notice of EIS documents available for public review.
In response to the proposal by Maryland and Virginia to introduce reproductive C. ariakensis into the Bay, the U.S. Congress
directed the U.S. Army Corps of Engineers, in cooperation with the National Oceanic and Atmospheric Administration (NOAA), EPA, and U.S. Fish and Wildlife Service (FWS), to prepare a Programmatic Environmental Impact Statement (PEIS). Although the federal government is not directly involved in the plan to introduce C. ariakensis into the Bay, Congress deemed that the potential effects of an introduction were significant enough to require a PEIS. A series of proposed alternatives to the introduction of C.ariakensis have been developed, ranging from taking no action at all to introducing C. ariakensis and discontinuing native oyster restoration. They are as follows:
- Alternative 1 – No action
- Alternative 2 – Expand native oyster restoration program
- Alternative 3 – Harvest moratorium
- Alternative 4 – Native oyster aquaculture
- Alternative 5 – Non-native oyster aquaculture
- Alternative 6 – Introduce an alternative non-native species other than C. ariakensis
- Alternative 7 - Introduce C. ariakensis and discontinue native oyster restoration
- Alternative 8 – Combination of alternatives
Because at that time, there was insufficient information to fully evaluate the impact
that introduction of this Asian oyster might have on the Bay ecosystem, a summary of research needs 
was prepared by the EPA, FWS, and NOAA to identify the most outstanding gaps in knowledge about what effects an introduction of C. ariakensis might have. NCBO-funded research has explored many of these questions.
There are several steps in the PEIS Process (see flow chart below). A draft of the EIS
for the introduction of C. ariakensis
into the Chesapeake Bay was released for public comment in October 2008.
Activities to date:
Notice of Intent published in the Federal Register, January 4, 2004
Public Scoping Meeting held in Maryland, January 26, 2004
Public Scoping Meeting held in Virginia, January 28, 2004
Research
Draft PEIS released for public comment, October 17, 2008
For more information about the EIS process:
http://www.epa.gov/ebtpages/envienvironmentalimpactstatement.html
For information about NEPA:
http://www.nepa.noaa.gov/