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 an Environmental Impact Statement (EIS). 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 an EIS. 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

Sufficient information does not currently exist to fully evaluate the impact introduction of this Asian oyster might have on the Bay ecosystem. A summary of research needs was prepared by the EPA, FWS, and NOAA in 2004 to identify the most outstanding gaps in our knowledge about what effects an introduction of C. ariakensis might have. Research is currently under way to answer many of these questions.

There are several steps in the EIS Process (see flow chart below). The EIS for the introduction of C. ariakensis into the Chesapeake Bay is currently in the data-gathering and risk-assessment phase. A draft EIS is scheduled for release in May 2008.

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

For more information about the EIS process:
http://www.epa.gov/ebtpages/envienvironmentalimpactstatement.html
For information about NEPA:
http://www.nepa.noaa.gov/