[From the U.S. Government Printing Office, www.gpo.gov]




            Delaware
            National Estuarine
            Research Reserve
            Management Plan




























                W"ne
                Mth
    GC
    1021
     D3                          NENT Of         STATE OF DELAWARE
    D45
          I       , Npartment of Commerce
    1993








































                                                                                      v



                           THE                      HORSESHOE CRAB


                    The Horseshoe crab is one of Delaware's oldest
                  and most intriguing marine residents. Each spring,                   MORE THAN A PRETTY FACE..
                  during the high tides of the new and full moons                        Horseshoe crab eggs are an important source of
                  (called springtides), thousands of Horseshoe crabs                   food for the thousands of migratory shore birds
                  come ashore to spawn. Their ancient mating ritual                    that pass over the Delaware Bay during the crab's
                  has fascinated generations.                                          mating season. Horseshoe crab eggs provide these
                  A CRAB BY ANY OTHER NAME...                                          birds with ridected energy to complete their
                    The horseshoe outline of their shells gave the                     northward migration.
                  "crabs" their name. About thel size of an over-                        Fish search the shallows for the lowest nests, and
                  turned soup plate, the Horseshoe crab is really                      also reap the fruits of the crab's reproductive ef-
                  not a crab at all. If vou were to look under it's                    forts.
                                                                                         In the 1900s, Horseshoe crabs were harvested
                  hood, you would Find it more closely resembles an                    near beaches and dried for use as fertilizer and as a
                  oceangoing spider. Horseshoe crabs are in a classi-                  poultry food supplement. But the advent of ar-
                  fication of their own (Class Merostomata), and are                   tificial' fertilizers put an end to the industry.
                  related to scorpions, ticks, and land spiders.                         An extract made from the Horseshoe crab's blue,
                    There are four species of Horseshoe crabs world-                   copper-based blood, called lysate, is used to test the
                  wide. The Delaware Bay region is the population                      purity of medicines. Properties of the crab's shell
                  center for the American Horseshoe crab (Limulus                      have been found to speed blood clotting and can be
                  pol@yphemus).                                                        used to make absorbable sutures.
                    Although common along the Delaware coast,
                  Horseshoe crabs are not found in very many other                     A CRAB WITH A FUTURE ...
                  places in the world. They live along the western                       The future holds new challenges for this master
                  shores of the Atlantic, from Nova Scotia to                          design of nature. Perhaps the greatest will be to
                  Yucatan, and in the coastal waters of Indonesia                      successfully deal with man's increasing influence
                  and the Phillippines . . . and nowhere else. How                     over the Horseshoe crab's environment. Whatever
                  these helrret-headcd little creatures managed to                     the odds, it is hard to imagine this ancient mariner
                  settle in two widely separated areas, and nowhere                    steered off its timeless course.
                  in between, is a puzzle.










                                     ., 'VAT Or 'a
                                             UNITED STATES DEPARTMENT OF COMMERCE
                                             National Oceanic and Atmospheric Administration
                                             NATIONAL OC EAN SERVICE
                                     Nrts of OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEmENT
                                             Washington, D.C. 20235







                           DESIGNATION OF THE DELAWARE
                       NATIONAL ESTUARINE RESEARCH RESERVE
            LOWER ST. JONES RIVER AND UPPER BLACKBIRD CREEK COMPONENTS



            Consistent with the provisions of Section 315 of the Coastal
       Zone Management Act, 16 U.S.C. 1461, the State of Delaware has met
       the following conditions to establish the Lower St. Jones River
       and Upper Blackbird Creek as components of the Delaware National
       Estuarine Research Reserve.

            1) The Lower St. Jones River and Upper Blackbird Creek are
       representative estuarine ecosystems that are suitable for
       long-term research and contribute to the biogeographic and
       typological balance of the National Estuarine Research Reserve
       System.

            2) Delaware state law provides long-term protection for
       reserve resources to ensure a stable environment for research.

            3) Designation of the Lower St. Jones River and
       Upper Blackbird Creek as reserve components will serve to enhance
       public awareness and understanding of estuarine areas and provide
       suitable opportunities for public education and interpretation.

            4) The State of Delaware has complied with the requirements
       of the regulations relating to designation of a National Estuarine
       Research Reserve.

            Accordingly, I hereby designate the areas of the
       Lower St. Jones River and Upper Blackbird Creek as components of
       the Delaware National Estuarine Research Reserve, the boundaries
       of which are specified in the Final Ma gement Plan.




                                             r'
                                            Acting Director
                                               ice of Ocean  and Coastal
          JUL 2 1 1993                       Resource Management
                                           cut














                  DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE





                                       Final

      Property of CSC Library			MANAGEMENT PLAN


     U . S  DEPARTMENT OF COMMERCE NOAA
     COASTAL SERVICES CENTER
     2234  SOUTH HOBSON AVENUE
     CHARLESTON, SC  29405-2413


                                     JUNE 1993












                                   Prepared by:


                            U.S. Department of Commerce
                         National oceanic and Atmospheric
                                  Administration
                              National Ocean Service
                              1305 East West Highway
                           silver Spring, Xaryland 20910


                                 State of Delaware
                          Department of Natural Resources
                             and Environmental Control
                           Richardson and Robbins Bldg.
                                   P.O. Box 1401
                                  Dover, DE 19903











       
        
       






                                      TABLE OF CONTENTS


                       DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE


                                       MANAGEMENT PLAN

                   Title page
                   Table of Contents      .......................        i
                   List of Figures      .........................        iv
                   List of Tables      ..........................        iv
                   Abbreviation and Acronyms        ...............      v
                   Executive summary      .......................        vi

                                                                                   Page
             I. SCOPE OF THE MANAGEMENT PLAN        ..........................       1
                Ao THE NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM            ....    1
                B. THE NERRS PROGRAM IN DELAWARE o        .......  o ... o........   4
           II.  MANAGEMENT PLAN PURPOSES       ...... o...........  o_   ........    6
           III. OBJECTIVES AND GOALS ...      ....... o.......................       7
           IV.  RELATIONSHIP OF DNERR COMPONENTS        ...................    o..  10
                A. REGIONAL CONTEXT       ......... o_    ......... o...... o....   10
                B. RELATIONSHIP TO OTHER COASTAL PROGRAMS           ...... o.....   11
                C. RELATIONSHIP TO NERRS ..o        .......... oo  ....  o...o..... 13
             V. MANAGEMENT ISSUES _       .......................    o   .......... 15
           VI.  HABITAT MANIPULATION      .............   o....................     17
           VII. BOUNDARIES AND ACQUISITION PLAN ..        .....................     24
                A. KEY ECOLOGICAL AREAS .,o         ....o.................  o....   24
                Bo PRIORITY ACQUISITIONS        ... o.........................      24
                     1.   Lower St. Jones     ........... o...................      24
                          a. Core Areas   ....  o   .......o....................    30
                          b. Buffer Areas ...       .....o......................    31
                          c. Market Values     ...........................     o..  31
                     2.   Upper Blackbird     ..... o...o .....................     31
                          a. Core Areas .    ........ oo ......................     38
                          b. Buffer Areas     ...............................       38
                          c. Market Values     ...  o..........................     38
                C.   STRATEGIES FOR ACQUISITION       ....... o... o...  o........  38
                     1.   Fee-simple    ..............  o ..............  o......   38
                     2.   Conservation easement     -  ....... 0...............     38
                     3.   Memorandum of understanding      ...................      39
                     4o   Long-term Leases    ....  o... _ooo_ ................     39
                     5.   Alternatives          ...........................      o. 39
                     6.   Donations ..   .......... oo ....... oo..o ...........    39
                D. SCHEDULE ..   ............   o   .............. o...  o.......  o. 39
         VIII. PUBLIC ACCESS PLAN       .................  o_   .........  o.....   44
                A.   POLICY   ............................................          44
                B.   SPECIFIC COMPONENT ACCESS      ..............   o   .......... 44
                     1.   Public Visitation     ...... o......................      44
                     2.   Group Use    .....................................        46
                     3.   Access for boat or canoe launching        ...  o.......o  47
                     4.   Fishing, Hunting and Trapping       .................     47
                     5.   Other Uses   .... oo  ..........o...................      47
           IX. ADMINISTRATION PLAN       ..............   o.....o  ...o  .......... 48
                A. ADMINISTRATIVE AUTHORITY                          ...........    48
                B. STAFF ROLES -        ...............   o.. .................     48





                                                    i







                         1.  Administration      ................................       48
                         2.  Research    ......................................         53
                         3.  Education/Interpretation       ......................      53
                         4.  Surveillance and Enforcement        ..................     54
                         5.  Volunteers     ....................................        54
                    C.   ADVISORY COMMITTEE STRUCTURE AND RESPONSIBILITIES              54
                         1. Oversite Committee       ............................       54
                         2. Scientific/Technical Advisory Committee           .......   56
                         3.  Education/Interpretation Advisory Committee           ...  57
                         4.  Landowners Associations       .......................      57
                    D.   FEDERAL GOVERNMENT - NOAA REVIEW        ..................     58
                X. ENVIRONMENTAL RESEARCH AND MONITORING PLAN           ............    60
                    A. GOALS OF ENVIRONMENTAL RESEARCH AND MONITORING.....              60
                    B. -RESEARCH TOPICS AND PRIORITIES         ....................     62
                         1.  National Research Priorities        ..................     62
                         2.  Special Studies      ...............................       63
                             a. Environmental Resources        ....................     63
                             b. Cultural Resources      .........................       64
                         3.  DNERR Research Priorities        .....................     64
                    C.   DNERR POLICIES AND PROCEDURES FOR RESEARCH          ........   71
                         1. Procedures for NOAA-funded DNERR Research            .....  72
                         2. Procedures for State-funded DNERR Research            ....  73
                         3;  Procedures for DNERR Research (funded by sources
                             other than NOAA or the State)        .................     74
                    D.   MONITORING PROGRAM     ................................        74
                         1.  NOAA Phased-Monitoring Program         ................    74
                         2.  Recruitment for DNERR Research Programs          .......   75
                         3.  off-Reserve Research Projects        .................     76
                         4.  Coordination of Research Efforts         ..............    76
                             a. coordination Between DNERR Components           ......  77
                             b. Coordination with the NERR System         ..........    77
                             c. Coordination With other Coastal/Estuarine
                                 Research Programs      ..........................      77
                         5.  Information Dissemination        .....................     79
               XI.  RESOURCE PROTECTION PLAN       ..............................       80
                    A. GOALS     .......................................       * .....  80
                    B. GENERAL POLICIES       ............................              81
                    C. LAWS AFFECTING RESOURCE PROTECTION IN THE DNEi@-.'.*.            82
             XII.   ENVIRONMENTAL RESTORATION PLAN        ........................      87
                    A. NERRS AND ENVIRONMENTAL RESTORATION WORK           ..........    87
                    B. DNERR AND ENVIRONMENTAL RESTORATION WORK           ..........    87
                    C. OMWM AND ENVIRONMENTAL RESTORATION           ................    88
            XIII.   EDUCATION/INTERPRETATION PLAN       ................                90
                    A.   GOALS OF THE EDUCATION/INTERPRETATION PROGL;@".*.*''.          92
                    B.   FRAMEWORK OF.EDUCATION PROGRAMS        ...................     93
                    C.   TYPES OF PROGRAMS     .................................        94
                         1.  Activities     ....................................        94
                         2.  Exhibits    ......................................         96
                         3.  Trails    .........................................        97
                         4.  Individual Components      .........................       98
                             a. St. Jones Component       ........................      98
                             b. Blackbird Component       ........................      98
                         5.  Themes ..   :*                                        ...  98
                         6.  Coordination     ..................................        98







                           a. Coordination of DNERR       ......................       98
                           b. Coordination with the NERR System         ..........     99
                           c. Coordination with other educational programs             99
           XIV. VOLUNTEER PLAN      .........................................        100
             XV. FACILITIES DEVELOPMENT PLAN        ...........................      101
                  A.   CURRENT FACILITIES    ................................        101
                .B.    PLANNING AND DEVELOPMENT FOR FUTURE FACILITIES           .... 101
                       1. Site Needs     ....................................        101
                       2. Costs    ...............................                   114
                       3. Environmental Assessment and Engineering
                             Report    ......................................        115
                  C.   SCHEDULE FOR CAPITAL IMPROVEMENTS        .................    116
                  D.   MAINTENANCE   .......................................         117
           XVI. AFFECTED ENVIRONMENT       ..................................        118
                     LOWER ST. JONES RIVER       ..............................      118
                  A.   ST. JONES COMPONENT PHYSICAL ENVIRONMENT         ..........   118
                       1.  Climate   .......................................         118
                       2.  Hydrology    .....................................        118
                       3.  Geology   .......................................         119
                       4.  Topography     .....................................      120
                  B.   ST. JONES   COMPONENT BIOLOGICAL ENVIRONMENT        ........  120
                       1.  Flora   .........................................         120
                       2.  Fauna   .........................................         122
                  C.   ST. JONES   CULTURAL AND HISTORICAL RESOURCES        .......  123
                  D.   ST. JONES   ZONING AND LAND USE     .....................     128
                  E.   ST. JONES   TRADITIONAL USES     ........................     130
                     UPPER BLACKBIRD CREEK       ..............................      130
                  A.   BLACKBIRD COMPONENT PHYSICAL ENVIRONMENT         ..........   130
                       1. Climate    .......................................         130
                       2. Hydrology     .....................................        130
                       3.  Geology   .......................................         131
                       4.  Topography     ....................................       131
                  B.   BLACKBIRD   COMPONENT BIOLOGICAL ENVIRONMENT        ........  131
                       1. Flora    .........................................         131
                       2. Fauna    .........................................         132
                  C.   BLACKBIRD   PREHISTORIC AND HISTORIC RESOURCES         ...... 135
                  D.   BLACKBIRD   ZONING AND LAND USE      .....................    138
                  E.   BLACKBIRD   TRADITIONAL USES     ........................     140
           XVII.  ACKNOWLEDGMENTS    .......................................         141
                  A. DNERR WORKING COMMITTEE        ...........................      141
                  B. SUPPORT SERVICES      ..................................        141
                  C.   CONSERVATION DISTRICT ASSISTANCE        ..................    141
                  D.   DNERR ADVISORY COMMITTEE MEMBERS        ..................    142
          XVIII.  BIBLIOGRAPHY    ...........................................        143
             XIX. BASE RESOURCE INFORMATION       .............................      149
                  A. PLANT SPECIES LISTS        ...............................      149
                       1. St. Jones River       ...............................      149
                       2. Blackbird Creek       ...............................      150
                  B. FISH AND WILDLIFE       .................................       153
              XX. APPENDICES    ............................................         161
                  A.   DNERR PROPOSED IMPLEMENTATION TIME TABLE         ..........   162
                  B.   BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY          .........  166
                  C.   MEMORANDUM OF UNDERSTANDING       .......................     168
                  D.   DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY           ... 174
                  E.   NERRS REGULATIONS     .................................       177






                                                 iii








                                      LIST OF FIGURES


                                                                                 Page

          Figure A.     General location map of DNERR                             ix
          Figure 1.     Map of the designated Reserves of the National
                        Estuarine Research Reserve System.                          2
          Figure 2.     General location of the       Lower St. Jones
                        River DNERR component, in east-central Kent County.       26
          Figure 3.     Key areas and boundaries of the Lower St. Jones
                        River DNERR component.                                    27
          Figure 4.     Property ownership within the Lower St. Jones River
                        DNERR component (corresponds with Table 1).               29
          .Figure 5.    General location of the       Upper Blackbird
                        Creek DNERR component, in southeastern New Castle
                        County.                                                   32
          Figure 6.     Key areas and boundaries of the Upper Blackbird
                        Creek DNERR component.                                    33
          Figure 7.     Property ownership within the Upper Blackbird DNERR
                        component (corresponds with Table 2, Parts A and B)       37
          Figures 8.-   DNERR Education and Research Center - Architectual       107-
                   13.  schematic Design.                                        112
          Figure 14.    Wetlands classifications within the Lower St. Jones
                        River DNERR component, from the USFWSIs National
                        Wetlands Inventory.                                      121
          Figure 15.    Historical and cultural characteristics of the
                        Lower St. Jones River DNERR component.                   125
          Figure 16.    Land use and zoning within the Lower St. Jones
                        River DNERR component.                                   129
          Figure 17.    Wetlands classification within the Upper Blackbird
                        Creek DNERR component, from the USFWSIs National
                        Wetlands Inventory.                                      133
          Figure 18.    Historical and cultural characteristics of the
                        Upper Blackbird Creek DNERR component.                   136
          Figure 19.    Land use and zoning within the Upper Blackbird
                        Creek DNERR component.                                   139





                                         LIST OF TABLES


                                                                                 Page



          Table 1.   Land ownership in        Lower St. Jones River
                     DNERR component (East Dover, South Murderkill, and
                     North Murderkill Hundreds).                                  28

          Table 2.   Land ownership in       Upper Blackbird Creek
                     DNERR component.
                     A) Blackbird Hundred                                         35
                     B) Appoquinimink Hundred                                     36




                                                iv









                                        ACRONYMS


       AICUZ      Air Installation Compatible Use Zone, Dover Air Force Base
       BMPs       Best Management Practices, established by the Delaware DNREC
       CFR        The Code of Federal Regulations
       CZMA       Federal Coastal Zone Management Act of 1972, as amended
       DEIS       Draft Environmental Impact Statement
       DMP        Draft Management Plan
       DNERR      Proposed Delaware National Estuarine Research Reserve
       DNREC      Department of Natural Resources and Environmental Control
       DNS        Delaware Nature Society
       EIS        Environmental Impact Statement
       EPA        U.S. Environmental Protection Agency
       FEIS       Final Environmental Impact Statement
       FMP        Final Management Plan
       MOU        Memorandum of Understanding
       NEP        National Estuary Program, EPA
       NERR       National Estuarine Research Reserve
       NERRS      National Estuarine Research Reserve System, NOAA
       NMFS       National Marine Fisheries Service, NOAA
       NOAA       National Oceanic and Atmospheric Administration
       NOS        National Ocean Service
       OCRM       Ocean and Coastal Resource Management, office of, NOAA
       SCS        Soil Conservation Service, U.S. Department of Agriculture
       SRD        Sanctuaries and Reserves Division, NOAA
       USFWS      U.S. Fish and Wildlife Service, Department of Interior
































                                           v









                     DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE


                                         Final


                                   MANAGEMENT PLAN


                                   EXECUTIVE SUMMARY



               Section 315 of the Federal Coastal Zone Management Act of
          1972, as amended, established the National Estuarine Research
          Reserve System (NERRS) as a state/federal cooperative venture.
          Federal cost sharing grants are available to coastal states to
          develop a national system of estuarine research reserves which
          are representative of the various regions and estuarine types of
          the United States. Long term annual NOAA development and
          operational grants are available at the ratio of 70% federal and
          30% state. In addition, competitive funding for research and
          education projects are available. The goal of the program is to
          protect areas of representative estuaries,     including valuable
          wetland habitat, for use as natural field laboratories. National
          Estuarine Research Reserves are established to: 1) provide
          opportunities for long-term estuarine research and monitoring; 2)
          provide opportunities for estuarine education and interpretation;
          3) provide a basis for more informed coastal management
          decisions; 'and 4) promote public awareness, understanding, and
          appreciation of estuarine ecosystems and their relationships to
          the environment as a whole.

               The NERRS has adopted a classification scheme that reflects
          differences in regional biogeography and estuarine typology to
          ensure that established reserves are representative and that a
          variety of ecosystem types are included. The Delaware National
          Estuarine Research Reserve (DNERR) is representative of the
          Middle Atlantic (Sandy Hook to Cape Hatteras, excluding the
          Chesapeake Bay) sub-region of the Virginian biogeographic region.

              The Delaware NERR includes the St. Jones River site and the
          Blackbird Creek site as components of a multi-site system with
          the Department of Natural Resources and Environmental Control
          (DNREC) as the lead agency. Because these two sites are
          complementary in their- representation of the Middle Atlantic
          biogeographic categories, the State of Delaware manages the sites
          as one Reserve.

               For. many years DNREC along with the Department of State's
          Division of Historical and Cultural Affairs have recognized the
          values of the lower St. Jones River and its surrounding area. The
          site adjoins the City of Dover and is only 6 miles from the State
          capitol complex including headquarters of DNREC, yet it remains
          undeveloped farm and woodlands as it has been for more than 300
          years. However, the upper less brackish reaches of the St. Jones
          River have been intensely developed, therefore the addition of
          the upper Blackbird Creek site is a complementing component to




                                         vi







          the Reserve. The NERRS is viewed as a compatible tool to provide
          for natural and cultural resource protection, long-term
          management and opportunities for estuarine education and
          research.

               -Boundaries f or the  DNERR    encompasses key land and water
          areas (or "core area") and a buffer area. The core area includes
          all of the tidal wetlands of the lower St. Jones River and upper
          Blackbird Creek sites for a total of approximately 2300 acres.
          The buffer area includes the lands surrounding the core
          consisting of wooded fringe, farmed crop and woodlands and
          freshwater wetlands totaling approximately 1500 acres for the two
          components. Actual acquisition of core and buffer areas will be
          less than the maximum defined due to the voluntary nature of the
          program and the expected cooperation of landowners in less than
          fee simple participation in the Reserve objectives.

               The purpose of the     DNERR is to establish and manage the
          Reserve as natural field laboratories and to develop a
          coordinated program of education and research for the Reserve.
          The DNREC fish and wildlife scientists will be brought together
          with other environmental scientists, educators and managers to
          operate their estuarine and coastal management programs from a
          modern Education and Research Center located in the Reserve. A
          collaborative management approach will be used, involving
          advisory committees, landowners, private organizations, and
          local, state and federal agencies. The DNREC will continue to
          serve as the lead agency.

               Reserve staff includes a program manager, education and
          research coordinators, an estuarine educator, and a clerical
          position. Many others will be located at the DNERR Education and
          Research Center whose responsibilities will enhance the DNERR
          objectives through their normal estuarine and coastal management
          assignments. other staff that will be located at or operate
          programs from the Center will have dedicated DNERR assignments
          that compliment their regular duties including a volunteer
          coordinator, a resource protection specialist, cultural
          preservation specialist, folklorist, aquatic coordinator and
          others, especially visiting researchers and educators.

               There is a committee composed of representatives of agencies
          and organizations that have interests in the programs of the
          DNERR that will serve in an advisory capacity to DNREC on matters
          concerning resource protection, education, research and
          monitoring. The DNERR program manager will coordinate
          administrative functions and operations of the Reserve's programs
          and act as liaison with state and regional estuarine programs,
          NOAA and other NERRs.

               The Reserve research and education programs will gather and
          make available information useful for improved understanding,
          appreciation, and management of estuarine systems especially of
          the State and Middle Atlantic region. Reserve activities augment
          the many on-going conservation and management activities.




                                          vii







          Facilities will be developed as necessary to aid in research and
          education and to serve as a focal point f or visitors to the
          Reserve.


               Valuable natural and cultural resources are protected f or
          long-term research and education by implementation of the
          Management Plan. Natural resources of the Reserve include
          diverse, highly productive estuarine systems comprised of tidal
          and non-tidal wetlands, open waters, with salinities ranging from
          freshwater to sea strength, and uplands. Several species of
          either rare, endangered, or threatened plants and animals occur
          in the   Reserve. In addition to such rich diversity of natural
          resources, the Reserve is also endowed with significant
          archaeological and historical sites and landscapes.

               Traditional uses in the     Reserve include commercial and
          recreational fishing, shellfishing, hunting, trapping, wildlife
          observation, boating, agriculture, and forestry. The DNERR is
          planned to accommodate traditional uses. The Management Plan is
          designed to allow these uses on lands acquired for DNERR as long
          as the safety of visitors and staff is not jeopardized.

               The DNERR program is voluntary and non-regulatory. The
          policies and rules that this Plan contains will only affect lands
          that have been acquired from willing landowners. All other
          landowners within the area of the Reserve will have their rights
          respected by the DNERR.

               The Management Plan is in accordance with all relevant
          state, local, and federal land use plans, policies and controls
          for the areas under consideration.


































                                        viii









                                                                     FIGURE A
                                                        General Location Map
                            M. 13                        of Proposed DNERR

                                                                                  N

                                                                               AL
                     B1 ckbird        N                                         ITT



                                      Doter                 Delaware Bay


                                     11. 13 St' j              ERR






                                                113




                                  RL13                 Geor town












         I. SCOPE OF THE MANAGEMENT PLAN



              This document establishes a management plan for the Delaware
         National Estuarine Research Reserve (DNERR) that. is agreeable to
         the landowners of properties within the DNERR boundaries,         a
         benefit to the state of Delaware, and acceptable to the National
         Oceanic and Atmospheric Administration (NOAA) for inclusion in
         the National Estuarine Research Reserve System (NERRS).

              The mission of DNERR is to establish natural research areas
         which are representative of the diversity of coastal ecosystems
         found within the Middle Atlantic Region. Valuable natural and
         cultural resources will be protected for long term research and
         education by designation of the Reserve. The two components of
         the Delaware National Estuarine Research Reserve are managed by
         the Department of Natural Resources and Environmental Control
         (DNREC) in cooperation with relevant local, state and federal
         agencies.

              This management plan has been developed according to NOAA
         regulations (15 CFR Part 921), using information derived from
         specific site information and public involvement. It is
         consistent with the congressional intent of Section 315 of the
         Coastal Zone Management Act of 1972 (as amended) and the
         provisions of the Delaware Coastal Management Program.

              A. THE NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM (NERRS)

              Congress recognized a need to address threats to the
         country's important and sensitive estuarine areas.    The goal of
         the federal program is to create a system of reserves that
         represents distinct estuarine ecosystems found nationally, and to
         manage these reserves for long-term environmental research and
         education. Although the program is national in scope, individual
         states are responsible for implementing and administering their
         own program, with NOAA providing overall coordination.

              Delaware will be joining 21 National Estuarine Research.
         Reserves that have been designated across the country (Fig. 1) .
         These Reserves are:


         Reserve                            Biogeographic Classification

         Wells                                   Acadian
         York County, Maine

         Great Bay                               Acadian
         Great Bay, New Hampshire

         Waquoit Bay                             Virginian
         Mashpee and Falmouth, Massachusetts


                                    1






                     The National Estuarine Research
                                          Reserve System


             Padilla Bay, WA                                                                      St. Lawrence
                                                                                                  River Basin, NY

                                                                                     Old Woman
                                                                                     Creek, OH           Wells, ME
     South Slough, OR                                                                                  Great Bay NH
                                                                                                        Waquoit b@y'
                                                                                                        arradansett Elay,R1
                                                                                                    Hudson-River, NY
        San Francisco                                                                                Mullica River, NJ
         Bay, CA                                                                                    elaware
                                                                                                   Chesapeake Day. MD
    Elkhorn Stough. CA                                                                             Chesapeake Say, VA
                                                                                                   North Camlina
                                                                                                N04 Inlet. SC
             Tijuana River. CA                                                                ACE Basin, SC
                                                                                              Sapelo, Island, GA
                     0 Designated Sites                                                        East Coast, FL
                     0 Developing Sites                              Wasks Ba   AL            0
                                                                                                            /144, , . @

























                                                                       Apalachicola Bay, FL
          Waimanu Valley. HI                                                                    Rookery Bay, FL
                                                                                                           *Jobos Day. PR







         Reserve                            Biogeographic Classification

         Narragansett Bay                        Virginian
         Newport County, Rhode Island

         Hudson River                            Virginian
         Hudson River, New York

         Chesapeake Bay, Maryland                Virginian

         Chesapeake Bay, Virginia                Virginian

         North Carolina                          Virginian/Carolinian

         North Inlet/Winyah Bay                  Carolinian
         South Carolina


         ACE Basin                               Carolinian
         Colleton County, South Carolina

         Sapelo Island                           Carolinian
         McIntosh County, Georgia

         Rookery Bay                             West Indian
         Collier County, Florida

         Jobos Bay, Puerto Rico                  West Indian

         Apalachicola River/Bay                  Louisianan
         Franklin County, Florida

         Weeks Bay                               Louisianan
         Baldwin County, Alabama

         Tijuana River                           Californian
         San Diego County, California

         Elkhorn Slough                          Californian
         Monterey County, California

         South Slough                            Columbian
         Coos Bay, Oregon

         Padilla Bay                             Columbian
         Skagit County, Washington

         Old Woman Creek                         Great Lakes
         Erie County, Ohio

         Waimanu Valley                          Insular
         Island of Hawaii, Hawaii

              Additional NERR Sites are in the designation process for
         New York, California, Florida, and New Jersey.



                                    3







                This management plan is consistent with the revised
           regulations for NERRS which were adopted July 1990. According to
           the regulations (15 CFR Section 921.40), after designation, NOAA
           will conduct periodic performance evaluations of a reserve at
           least once every three years. Evaluations may assess all aspects
           of reserve operation and management, or they may focus on
           selected issues. Evaluations may also examine whether a reserve
           is in compliance with NERRS regulations, and particularly whether
           the operations and management of the reserve are consistent with
           and further the mission and goals of the NERRS.

                Federal officials will conduct the performance evaluations.
           When necessary, NOAA may request federal and non-federal experts
           to participate in the evaluations. Performance evaluations will
           be conducted in accordance with procedural and public
           participation provisions of CZMA regulations. If performance
           evaluations reveal that the operation and management of the
           reserve is inconsistent with the DNERR approved Management Plan,
           the eligibility of the reserve for federal financial assistance
           may be suspended until the situation is remedied. If major
           deficiencies are not remedied within a reasonable amount of time,
           NOAA may initiate a process to withdraw designation of the
           reserve.


               Federal financial -assistance for acquisition, development,
           operations and management will be requested by the State of
           Delaware. These funds, accompanied by the required 50 percent
           state match for acquisition and 30 percent state match for
           development and operations, will be used for basic program
           activities, including educational and research projects;
           acquisition of key lands and water; the design, engineering, and
           site preparation for the DNERR Education and Research Center; and
           for other facilities required to implement the Delaware National
           Estuarine Research Reserve.


               B. THE NERRS PROGRAM IN DELAWARE

               Delaware's participation in the NERR System will help
           strengthen the federal program by establishing the first System
           located in the NERRS' Middle Atlantic sub-region (Sandy Hook,
           N.J. to Cape Hatteras, exclusive of Chesapeake Bay) of the
           Virginian biogeographic region. Nationally, there are 27
           biogeographic sub-regions recognized by NOAA's classification
           system. In terms of benefiting Delaare, the federal NERR System
           will provide financial assistance awards to the State to acquire,
           develop and operate estuarine areas as natural field laboratories
           and environmental education centers.     Additionally, a NERRS
           program in Delaware will help to conserve open, undeveloped
           spaces, protect valuable resources, and provide areas for outdoor
           recreation, all done in a manner which accommodates conservation-
           compatible, traditional resource uses.

           Background and History of the NERRS Effort in Delaware

               During the early 19801s, the Delaware Department of Natural


                                     4







         Resources and Environmental Control (DNREC) examined the NERR
         System's precursor, the National Estuarine Sanctuary Program,
         established in Section 315 of the Coastal Zone Management Act of
         1972.   While the old Sanctuary Program had several desirable
         attributes, it did not have enough flexibility or utility within
         the context of Delaware's resource needs to warrant the State's
         support. However, during the mid-1980's, the Estuarine Sanctuary
         Program evolved into today's NERRS program, having a greater
         emphasis on applied research and environmental education, while
         allowing more flexibility in the administration of the reserve
         components to accommodate multiple uses and to respond to
         management needs.   This change occurred when the Coastal Zone
         Management Act was re-authorized in 1986, in which Section 315 of
         the Act was changed to the NERRS program with its new emphasis.
         With this new direction at the federal level, the DNREC again
         became interested in the program for Delaware, and in 1988
         started an optimistic inquiry.

         Site Selection Process

              Delaware initially identified 16 potential sites for
         preliminary considerations in the selection process. Based upon
         environmental representativeness and program utility, the State
         chose 6 sites for more intensive review. using intensive site
         selection criteria, which assessed ecological representativeness,
         values for environmental research and education, and acquisition
         and management considerations, a ranking was es-tablished for the
         6 sites. Information used in the ranking process came from
         documented sources, field site visits, and professional expertise
         of the site selection committee members. The top 3 sites were
         presented to the landowners of the sites and the general public.
         Primarily from the willingness of the landowners to participate
         in the NERRS program, 2 sites were selected and nominated to NOAA
         by Governor Michael N. Castle to be a multiple-site Reserve.

              The St. Jones River site was selected to be the primary
         component of the DNERR. Due to the urbanization of the upper
         reaches of the St. Jones River, the upper Blackbird Creek site
         was selected as a second component     to provide lower salinity
         estuarine areas which complement the   St. Jones River component.
         The minimum area of the components is  a representative estuarine
         ecosystem   of the Middle Atlantic subsection of the Virginian
         Biogeographic Region that is suitable for long term research.

         Expectations of Delawarefs NERRS Proara

              Delaware's participation in the NERRS program will permit
         the acquisition and long-term management of selected estuarine
         areas to provide outdoor laboratories for studying ecological
         structure, functions and processes, and man/land relationships,
         including both cultural adaptation and the effects of human-
         induced alterations or stresses. The Reserve will be a valuable
         laboratory for the two EPA National Estuary Programs in the Mid-
         Atlantic Region (the Delaware Bay NEP and the Delaware Inland
         Bays NEP) . DNERR components will also serve to educate students


                                    5







           and the general public about the environmental roles and values
           of estuarine areas.   Additionally, the protection of relatively
           undisturbed natural areas will permit the wise use of these
           natural resources to continue, typically in association with
           outdoor recreational activities. The protection of buffer areas
           which include adjacent uplands will serve to protect significant
           cultural resources.


               Upon NOAA's approval of the Management Plan and successful
           completion of the requirements of the NEPA/EIS and Section 106 of
           the National Historic Preservation Act of 1966, as amended, the
           final phases of property acquisition, facilities development, and
           program implementation can begin.

               Lands will be included in the DNERR        only through the
           voluntary cooperation of the landowners; there will be no land
           condemnation procedures associated with the establishment of the
           Delaware NERR.  Lands included in the    DNERR may be publicly-
           owned or publicly-administered properties (at the state, county
           or municipal levels) and privately-owned properties.          The
           participation of private landowners in helping to manage DNERR
           sites can take various forms, with the landowner deciding what is
           best for him/her, whether this decision be based on economics,
           personal desires for land-use practices and patterns, or both.
           Private landowner interaction with the DNERR to help activate or
           participate in the program might consist of fee-simple sale to
           the DNERR of property at fair market value; other types of
           property sales to the DNERR (e.g. bargain sale, installment sale,
           sale with reserved life estate, right of first refusal); various
           forms of land donations (e.g. outright donation, donation by
           devise, donation with reserved life estate); dedication as a
           State Nature Preserve; participation by conservation easements;
           granting of long-term leases (e.g. 50-year lease); etc.

               The Delaware NERR program will be administered by the DNREC
           in accordance with Federal guidelines.         The NOAA office
           overseeing the establishment and management of the Delaware NERR
           is the Sanctuaries and Reserves Division (SRD) of the Office of
           Ocean and Coastal Resource Management (OCRM) within the National
           Oceanic Service. Even though the DNERR is composed of two
           selected components, the sites will still be administered and
           managed as a single Reserve.

           II. MANAGEMENT PLAN PURPOSES


               The purpose of the Delaware National Estuarine Research
           Reserve is to establish and manage the areas within the
           boundaries as field laboratories and to develop a coordinated
           program of research and education for the reserve. The Management
           Plan contains information on the natural, prehistoric, and
           historic resources of the components; local and regional
           influences on the components (e.g., climate, hydrology, geology,
           land use, and population trends); and historical and traditional
           uses of the components (hunting, fishing, trapping, silviculture,
           research, education, etc.) . In addition, the plan contains a


                                     6







        discussion of management issues affecting the reserve and
        specific policies and activities to address the issues.        The
        policies are resource protection oriented and the activities
        address needs related to research, monitoring, education,
        volunteers,    public    access,   administration,      facilities
        development, and acquisition.

             The Reserve research and education plans              include
        information necessary for improved understanding, appreciation,
        and management of the Middle-Atlantic estuarine systems in
        general. Reserve activities will augment, not replace, the
        conservation, research, education and other programs of the
        reserve property owners. Facilities will be developed as
        necessary to aid in research and education. DNERR access policies
        will be developed and enforced to protect the integrity of the
        reserve.


        III. OBJECTIVES AND GOALS

             The ultimate goals of the Reserve are long-term and somewhat
        open-ended, focusing on desired conditions rather than specific
        actions. The objectives are short-term, measurable steps that can
        be taken to fulfill the goals.       The various activities and
        programs recommended for implementation under this plan are aimed
        at achieving the objectives.

        Resource Protection Goal

             Protect the natural and cultural integrity of the
        ecosystem(s) within the       Reserve and associated historic
        properties from disruptive activities occurring inside and
        outside of the reserve's boundaries.


        Resource Protection Obiectives

             - Acquire and protect key land and water areas which
        approximate an entire ecological unit and comprise the research
        core and adjacent buffer areas through conservation easements,
        management agreements, land trusts, or land acquisition.

             -  Coordinate existing surveillance and enforcement
        activities and establish a mechanism to increase resource
        protection, when necessary;

             - Provide for adequate public participation as a means to
        promote compatible uses of the reserve and awareness of the need
        to protect sensitive resources;

             - Rehabilitate reserve habitats where necessary to restore
        natural bio-diversity and prevent further degradation of
        resources;

             - Promote the protection of historic properties contributing
        to an understanding of the human processes which have occurred
        within the estuary; and


                                   7







                - Include historic properties, especially undisturbed areas
           in land protection decisions.

                The objectives will be accomplished by implementing this
           long-term management plan which is tailored to the components'
           specific resources and management needs.     The Management Plan
           contains an analysis of management issues, a synopsis of existing
           laws and regulations which protect the reserve components, and a
           discussion of DNERR management policies which will add additional
           resource protection.    In addition, DNREC and the Conservation
           Districts will work with affected landowners to develop site-
           specific conservation plans which can be implemented through
           conservation easements, management contracts, or long-term
           leases. Conservation plans will also be developed for properties
           donated to or purchased by the State for the reserve program.

           Research Goal

                Utilize the research reserve for long-term studies to gain a
           better scientific understanding of natural and human processes
           occurring within the estuaries and to develop information for
           improved coastal decision-making.

           Research Obiectives

                - Promote long-term base line studies to characterize flora
           and fauna within the Reserve and gain an understanding of the
           ecological interrelationships between organisms and their
           environments;
                - Promote a better"understanding of tributary water quality
           conditions, particularly spatial and temporal dynamics,
           requirements for growth and survival of living resources, and
           contribution and effects of point and nonpoint pollution;

                - Promote a better understanding of physical processes
           operating within the estuary, such as tidal influence,
           circulation dynamics, freshwater inflow, stratification patterns,
           and sediment dynamics;

                  Encourage studies that make effective use of past research
           and address data gaps in the Reserve's information base;

                - Encourage studies that promote a better understanding of
           human use of the estuaries in the past, including the processes
           by which human groups have adapted to changes in the estuarine
           ecology, as well as understanding the changes which have occurred
           in the estuaries as a result of human activities; and

                  Provide for effective use and communication of research
           results.

                The Reserve's components will serve as natural laboratories
           for field studies in fundamental and applied estuarine sciences
           .and cultural ecology and will provide a linkage between the


                                      8







        scientific community and resource managers. The Reserve will be
        utilized, as appropriate, both for short-term studies to assist
        in the development of management strategies and long-term studies
        to improve understanding of ecosystem processes in the Delaware
        Bay and its tributaries. The Reserve will provide a basis for
        determining the "health" status of coastal habitats in relation
        to population growth and development within Delaware and the
        Middle Atlantic Region.

        Education Goal

             Enhance public awareness, understanding, and wise use of
        estuarine resources in the Middle Atlantic Region and encourage
        an environmental ethic among all users.

        Education Oblectives

             - Promote knowledge of the Reserve, its resources, and its
        programs as well as knowledge of broader coastal issues and
        concerns related to estuarine management and protection;

             - Provide educational and interpretive services at
        appropriate Reserve components directly to students, managers and
        visiting public;

             - Use information on past lifeways to make members of the
        public more aware of the importance of estuarine ecology and to
        promote balanced use of estuarine resources;

             -  Promote the preservation of historic properties through
        public education efforts;

             -  Provide opportunities for teacher training, student
        projects, internships, and assistantships where enrollees work
        jointly with scientists, gain field experience, and learn about
        the importance of research resources;

             - Provide appropriate facilities which contribute to
        educational interpretative, volunteer, and research uses of
        reserve sites; and

               Provide an understanding and appreciation for appropriate
        traditional uses of the reserve components, including hunting,
        fishing, trapping, and boating.

             The Reserve will be utilized, where appropriate, as outdoor
        instructional areas for educational studies in estuarine ecology.
        The reserve program will help foster a long-term commitment to
        the restoration and protection of the Delaware Bay system and its
        resources through education about the Bay system, the problems
        facing it, and the policies and programs designed to help the Bay
        by providing opportunities for interpretive, recreational, and
        leisure activities (hiking, bird watching, canoeing, etc.).
        These activities will be promoted at appropriate reserve sites
        where the natural area character of the reserve and ongoing
        research will not be adversely affected.


                                    9











            IV. RELATIONSHIP OF DNERR COMPONENTS



               A. REGIONAL CONTEXT


                The goal of the NERRS Program is to have at least one
           estuarine reserve representing each biogeographic region of the
           U.S., and within each region, to represent the major estuarine
           types found. Currently no other sites exists in the Middle
           Atlantic region. New Jersey attempted to establish a Reserve
           along the Mullica River several years ago. New Jersey has
           recently begun to re-study the Mullica river through a site
           investigation for nomination to NOAA.

                As the focal component of the DNERR,     the Lower St. Jones
           River estuary has several attributes that are desirable for
           Regional representation:      1) good access and utility for
           environmental education and research; 2) a relatively undisturbed
           tidal marsh representative of the moderate to high salinity
           emergent wetlands found along the Delaware   'Coast; 3) adjacent
           State Wildlife Areas on several sides, permitting studies of
           manipulative and non-manipulative habitat management techniques;
           4) a surrounding upland that surprisingly is still agrarian or
           forested in nature, presenting opportunities to examine the
           impacts of agriculture on estuaries; 5) close proximity to the
           growing City of Dover along the upper St. Jones River, yielding
           opportunities for the study of man's urbanized impacts on
           estuarine systems; 6) close proximity to the oyster grounds of
           the open Delaware Bay; 7) proximity to shoreline segments of
           Delaware Bay that are crucial foraging habitat for the
           international migratory shorebird resource; 8) a rich, well
           documented history of man's use and interactions with the estuary
           (e.g. the Dickinson Mansion would be part of the DNERR complex);
           9) readily available administration and professional management
           expertise, since DNREC headquarters is within 6 miles and there
           is good potential to house pertinent DNREC technical personnel at
           this component and have them assume some of the DNERR management
           responsibilities as part of their routine duties; 10) good
           opportunities for outdoor recreation and educational exhibits
           convenient to a growing metropolis.

                The Upper Blackbird Creek estuary component nicely
           complements the environmental attributes of the Lower St. Jones
           River estuary, since the Upper Blackbird is primarily a low
           salinity or freshwater tidal marsh, containing a varied mixture
           of open water, tidal mud flats, and highly diverse emergent
           wetlands and forested fringes. Desirable attributes of the Upper
           Blackbird Creek for the Region include:         1) the area is
           ecologically representative of the landward ends of many regional
           estuarine rivers and creeks, and is still relatively undisturbed;
           2) contains a high diversity of plant and animal life; 3)
           aesthetic beauty; 4) provides opportunities for outdoor


                                      10







        recreation in a relatively remote setting; 5) surrounding land
        use is primarily agricultural, so provides additional
        opportunities to assess impacts of farmland practices on
        estuaries; 6) is near extensive stands of Phragmites along the
        lower Blackbird Creek, so will provide outstanding opportunities
        for applied research on the biology and control of this problem
        species; 7) is in close proximity to ecologically interesting,
        non-tidal forested wetlands, in particular the Delmarva Bays of
        Blackbird State Forest.

             The two sites are managed as a multi-component Reserve due
        to the complementary nature of the components. The urbanization
        of the upper reaches of the St. Jones River estuary caused by the
        City of Dover limits the opportunity to acquire an ecological
        unit without the complementary upper Blackbird Creek site. The
        minimum defined boundaries of the two components together provide
        the ecologically key land and water areas of the research
        Reserve.



             B. RELATIONSHIP TO OTHER COASTAL PROGRAMS

             These two DNERR components are within Resource Areas
        designated as Lands of State Significance by the Governor's
        Greenspace for Delaware's Future Committee (1990). Additionally,
        the Blackbird Creek wetlands have been designated by the U.S.
        Fish and Wildlife Service, in their draft (1989) Regional
        Wetlands Concept Plan supplemental to the National Wetlands
        Priority conservation Plan (1989) to help actuate the Emergency
        Wetlands Resources Act of 1986, as priority wetlands for
        protection and acquisition. The Delaware Estuarine Reserve should
        also provide opportunities to help strengthen, and in turn be
        strengthened, by interactions with the Delaware Coastal
        Management Program and the EPA/DNREC Delaware Estuary Program,
        since the Delaware Estuary (River and Bay) was designated by the
        EPA in 1988 as part of the EPA's National Estuary Program.


        DCMP Policies that support DNERR proposals

        The purpose of the DCMP "is to provide a systematic approach to
        decisions regarding the use of Delaware"s resources which will
        provide for reasonable growth and development while conserving
        and protecting our irreplaceable resources". The DCMPfs first
        objective of four objectives to achieve this overall purpose is:
        "Develop methods to evaluate coastal land and water uses so that
        informed decisions can be made". This objective is supported,
        among others, by the following DCMP policies:

        Section 5.A.1. Wetlands

             Policy 1. The productive public and private wetlands in the
        State shall be preserved and protected to prevent their
        despoliation and destruction.



                                   11






                Policy 2. Activities in or adjacent to wetlands shall be
           conducted so as to minimize wetlands destruction or degradation,
           to preserve the natural and beneficial values of wetlands, and to
           protect the public interest therein.

                Policy 8. In considering the environmental impacts of a
           proposed activity in wetlands, the Department (DNREC) shall
           consider the cumulative impact of individual projects.

           Section 5.A.2. Beaches and Shoreline

                Policy 1. The public and private beaches of the State shall
           be preserved, protected, and enhanced to prevent their
           destruction and despoliation.

                Policy 2. Publicly owned beaches and shorelines shall be
           managed and maintained to assure adequate and continued public
           access to these areas within the carrying capacity of the
           resource.


           Section 5.A.3. Coastal Waters

                Policy 2. The water resources of the        State shall be
           protected from pollution which may threaten the safety and health
           of the general public.

           Section 5.A.4. Underwater Lands and the Coastal Strip

                The policies of this section depend upon good understanding
           of the values and impacts that proposed activities may have on
           the estuarine environment of the Coastal strip.

           Section 5.B.1. The 11Public Lands"

                Policy 5. DNREC shall manage these lands for public
           recreation purposes and for the conservation and preservation of
           their natural resources and beauty. A management priority shall
           be the maintenance of public access to the beach and ocean where
           such access can be accommodated without serious damage to the
           primary resources...

           Section 5.E.G. Coordination Policies,

                Policy 2. State agencies responsible for implementation of
           the   CMP   shall    coordinate    their     CMP   implementation
           responsibilities with each other to the extent necessary to
           assure well informed and reasoned program decisions.

           BACKGROUND


           COASTAL ZONE MANAGEMENT ACT

                Congress has declared that it is the national policy "to
           preserve, protect, develop, and where possible, to restore or
           enhance, the resources of the Nation's coastal zone" ... and "to


                                      12







        encourage and assist the states to exercise effectively their
        responsibilities in the coastal zone through the development and
        implementation of management programs to achieve wise use of the
        land and water resources of the coastal zone, giving full
        consideration to ecological, cultural, historic, and esthetic
        values as well as the needs for compatible economic
        development" ... (CZMA Section 303).




        DCXP "ENHANCEMENT AREAS"


             The Delaware Coastal Management Program, funded under a
        grant from NOAA, provides guidance for staff members throughout
        DNREC as they work to preserve and enhance Delaware's coastal
        zone, the dynamic zone between land and sea.

             In Section 309 of the CZMA, Congress articulated
        improvements states could make to enhance their approved coastal
        zone management programs. Congress named eight subject areas in
        which states can work to improve their coastal zones:

               ï¿½ Protecting, restoring, enhancing or creating
                 coastal wetlands.

               ï¿½ Preventing or reducing threats to human life
                 and property in coastal areas.

               ï¿½ Increasing public access.

               ï¿½ Reducing marine debris.

               ï¿½ Controlling coastal growth and development.

               ï¿½ Preparing and implementing "special area
                 management plans."

               ï¿½ Planning for the use of ocean resources.

               ï¿½ Siting facilities, such as energy facilities,
                 which may be of "greater than local
                 significance."

             Many of these eight subject areas are addressed in this
        management plan by directing research and education efforts
        toward these subjects which will provide additional information
        in the decision making processes for better coastal resource
        management.


             C. RELATIONSHIP TO NERRS


             The establishment of the Delaware National Estuarine
        Research Reserve within the framework of the National Estuarine
        Research Reserve System provides a means of addressing
        environmental problems in the State's coastal waters, wetlands


                                  13







           and contributing watersheds. A fully implemented DNERR will offer
           protected components where environmental research and education
           can focus on natural estuarine processes and man-induced
           alterations within our coastal habitats, typical of the Middle
           Atlantic Region. Research and Education projects that are
           selected will help decision makers in addressing critical coastal
           management issues. The administrative network that is established
           under the National Program will promote an exchange of research
           findings and education efforts for Delaware's estuarine waters,
           the Middle Atlantic Region, as well as from other estuaries of
           the United States.

                The management plan evaluation and review in this section
           primarily addresses NOAA's interest in a network of estuarine
           reserves that are maintained at a level that will be valuable to
           the national interest in estuary management. The benefit to
           Delaware in joining this network of reserves is the sharing of
           estuarine education, research, and management techniques and the
           grants that are available to a designated reserve that is meeting
           the objectives of the national program. Because DNREC's interest
           in estuarine management complements NOAA's national interest, the
           reserve program operates as a State/Federal partnership. The
           management of DNERR is the long-term responsibility of DNREC, and
           NOAA- cooperates with and assists Delaware on a regular basis.
           NOAA will perform formal reviews to ensure that DNREC is in
           compliance with federal NERRS goals, the Management Plan, and
           NOAA grant work plans.
































                                      14









        V. MANAGEMENT ISSUES

              There are issues pertinent to Delaware that are in and
        around the    DNERR that must be recognized and addressed. The
        Management Plan is based on a strategy that is focused
        sufficiently to minimize the negative impacts of these particular
        issues as well as maximizing the positive impacts that many of
        these issues will provide. The Management Plan also provides the
        flexibility to address issues that may arise over the long term
        nature of the Reserve. Following are the current management
        issues:

              - Population Growth
              - Highway construction; RT 1 Relief Route; RT 9 & 113
                alterations
              - Channel alignment & dredging
              - Fish & Wildlife management; Hunting, fishing, habitat
                improvement
              - Public access; Restricted areas (e.g. long term research,
                education, and facility areas)
              - Refinement of boundaries; To be determined when management
                issues are addressed
              - Traditional uses; State owned - DNERR objectives top
                priority; Easements - Landowners wishes first priority
              - Research management on non-state areas will be permissible
                by concurrence of the private sector first
              - Zoning; Land uses: USAFB flight & noise; Wildcat super
                fund site; City of Dover; Conservation Zones; Agriculture;
                Sludge & animal waste land/wetlands application
              - maintenance of freshwater        flow:  State     stormwater
                management law; water quantity/quality
              - Maintenance of natural conditions within site designated
                areas
              - Protection of significant natural & cultural resources
              - Delineation of research agenda to promote DNERR intent
              - Monitor activities
              - PCB's in fish flesh of the St. Jones River
              - On-site vs. off-site program
              - Representative of Middle Atlantic sub-region
              - Need to implement reserve program that provides better
                management tools for coastal programs
              - Research protection activities (Habitat manipulation or
                alteration)
              - Controlled flexibility (all plans need to include desired
                activities & undesired activities)
              - Administrative oversite
              - Support long-term studies
              - Resource data base
              - Link DNERR with scientific community
              - Transfer & translation of scientific information to
                coastal decision-makers & users
              - Peer review of proposals and technical.reports
              - Tailor education, interpretation & other visitor use
                programs to component needs & constraints
              - Coordinate Estuary research, education & cultural efforts


                                    15








                 in Delaware
               - Cultural resources; Cultural resources protection needs to
                 be integrated with whole program
               - Establish research, education, & cultural center
               - Encourage environmental ethic among all estuary users

          The DNERR and Delaware Bay

               Even though the DNERR lands consist primarily of tidal
          wetlands, wetlands rivers or creeks, and adjacent upland fields
          or woods, a substantial focus of the DNERR (for both
          environmental education and research) will be on ecological
          habitats, environmental processes, economic problems, or societal
          issues associated with the open estuarine waters of Delaware Bay.
          Topics of interest to the DNERR in the large estuary of Delaware.
          Bay are widely varied -- e.g. hydrology of Delaware Bay;
          estuarine water quality; heavy metals and toxics; marine
          sediments; coastal geomorphology; nutrient cycling and microbial
          processes; plankton communities;benthic organisms; estuarine
          fisheries; neritic waterbirds; marine shipping and commerce;
          dredging impacts within the DNERR's limits of physical
          accessibility to Delaware Bay. significant programmatic emphases
          in education or research will be placed on Bay-related topics.

































                                     .16









        VI. HABITAT MANIPULATION

             NOAA regulations provide that habitat manipulation subject
        to certain restrictions and conditions can occur in NERRS sites,
        as long as the ecological or representative integrity of a
        reserve is not compromised. Activities encompassed by the phrase
        "habitat manipulation" may vary widely in scope and scale, from
        gross alterations of topography, hydrology or vegetation
        patterns; to minor modifications of soil, drainage patterns or
        plant cover; to introductions or control of animal species; to
        applications of chemicals or radioactive tracers.      Specifically,
        15 CFR Section 921.1(d) recognizes the need to allow and
        accommodate habitat manipulation for research purposes, as long
        as the manipulative research activities are specified in the
        management plan, they are consistent with the mission and goals
        of the NERRS program and the affected reserve, and they are
        limited in nature and extent to the minimum manipulative activity
        necessary to accomplish the research objective.         Manipulative
        research activities having significant or long-term impacts on
        reserve resources require prior approval from the state and NOAA.
        Habitat manipulation for purposes of restoring degraded areas to
        provide better representations of estuarine ecosystems are also
        permissible, addressed in 15 CFR Section 921.1(e).       Restoration
        activities involving habitat manipulation to improve the
        representative character and integrity of a reserve must be
        carefully planned and approved by NOAA through the management
        plan. Restoration of degraded estuarine areas will often provide
        excellent opportunities to do management-oriented research, as
        stated in 15 CFR Section 921.1(e).

             Habitat manipulation for resource management is generally
        not permitted at NERRS sites, except for purposes of research or
        environmental restoration. However, NOAA may allow exceptions to
        these prohibitions, as stated in 15 CFR Section 921.1(d), if
        manipulative activity is necessary for the protection of public
        health, or to preserve or protect other sensitive resources
        identified under relevant federal or state authority (e.g.
        endangered or threatened species, or historical or cultural
        resources).     If habitat manipulation is determined to be
        necessary to protect public health or sensitive resources, then
        these activities shall be stated in the management plan and
        limited to reasonable actions which have the least adverse and
        shortest term impacts on a reserve's representative and
        ecological integrity.

             The DNERR plans to manipulate habitats, or sees a potential
        need to manipulate habitats, for four primary purposes:           1)
        environmental research; 2) restoration of degraded ecosystems; 3)
        prevention or avoidance of new environmental degradations, or
        prevention or avoidance of undesirable changes in the
        representative characteristics of the reserve; 4) protection of
        public health (e.g. mosquito or biting-fly control).       Secondary
        effects resulting from such manipulative actions may include
        maintenance, restoration or enhancement of fish and wildlife


                                    17






           populations, or improved management and control of the reserve's
           .hydrological   or   vegetative    characteristics    to maintain
           representative integrity. All DNERR habitat manipulation will be
           done in a manner consistent with NERRS regulations, which
           includes their identification and description in the management
           plan, plus pre-approval and post-review by NOAA.

               .Anticipated or potential habitat manipulation in each DNERR
           component include the following six (6) activities:

                     Insecticide Use.

                           Because of each Reserve component's proximity to
                      populated areas, and the potential for mosquitoes
                      causing on-site and off-site nuisances and carrying
                      diseases that could cause human illnesses, such as
                      Eastern Equine Encephalitis, saltmarsh mosquitoes that
                      are produced on the Reserve must be controlled.
                      Fortunately, much of the Reserve's tidal wetlands are
                      regularly-flooded habitats where mosquito production is
                      not too severe. However, there are irregularly-flooded
                      zones behind the creekside natural levees or near the
                      upland fringes that necessitate occasional control
                      efforts.   When warranted, these areas are treated by
                      the Delaware Mosquito Control Section (part of the
                      DNREC's Division of Fish and Wildlife) with aerially-
                      applied larvicides before the adult mosquitoes emerge,
                      done at a frequency of 2-6 times per pest season (May-
                      October). Quite infrequently, it may also be necessary
                      to aerially-apply adulticides along the field-and-
                      forest border of the wetlands' upper fringe.           All
                      insecticides used are chosen and applied with
                      environmental safety and compatibility foremost in
                      mind, in terms of using the best products at the lowest
                      rates to achieve both efficacious abatement while
                      avoiding or minimizing non-target impacts.     Because of
                      the nuisance and human disease problems associated with
                      the far-ranging saltmarsh mosquitoes, these insecticide
                     .control efforts must continue within the Reserve after
                      its designation. Essentially, the need in the DNERR for
                      insecticide use, types of insecticides, methods of
                      application, areas of treatment, and frequency of
                      treatments will be the responsibility and decision of
                      the DNREC's Mosquito Control Section in consultation
                      with the Reserve manager.

                           other pest populations of non-culicid biting flies
                      (e.g. greenhead flies, deer or sheep flies, biting
                      gnats or no-see-ums) occur on the Reserve components,
                      and at times they can be very annoying.           However,
                     -because of their localized distribution and short
                      flights, they are normally not controlled. This policy
                      may have to be re-examined dependent upon the nuisance
                      or health problems that establishment and operation of
                      a Reserve program may engender.








           2) Open Marsh Water management (OMWM)

                       The State is actively pursuing a program to lower
                 its dependence on chemical insecticides to control
                 saltmarsh mosquitoes, by substituting the biological
                 control technique of Open Marsh Water Management (OMWM)
                 as. fast at the State"s resources and landowner
                 cooperation permit. The environmentally-compatible
                 OMWM source reduction technique uses selective
                 ekcavation of ponds and ditches to usurp ovipositioning
                 sites and to increase larvivorous fish access.              In
                 order to reduce the need statewide to use insecticides,
                 the State has included the lower St. Jones River basin
                 for future OMWM implementation, just as has been
                 planned for many other pest-problem production areas
                 within Delaware's coastal marshes.        It is anticipated
                 that no more than 20% of the tidal marsh surface area
                 within the lower St. Jones River reserve component
                 would have to be treated with OMWM, primarily confined
                 to "salt hay" zones behind creekside levees or near
                 upland edges.      An additional advantage of the OMWM
                 technique is that a parallel-grid-ditched marsh which
                 is treated with OMWM has wildlife habitat of pools and
                 pannes restored to a marsh which was dewatered by the
                 parallel-grid ditches.

                       Production of saltmarsh mosquitoes in the
                 Plackbird Creek reserve component is not too much of a
                 problem because of the brackish and freshwater habitats
                 found in the upper Blackbird Creek, so this site is not
                 a probable candidate for OMWM treatment.             However,
                 production of other mosquito species (and biting flies)
                 can locally be severely annoying and a potential health
                 problem, so use of insecticides must continue since a
                 practical source reduction method is not available.

            3) Restoration of Parallel-Grid-Ditched Marsh.

                       Parallel drainage ditches, about 150 feet apart
                 and 30 inches wide by 30 inches deep, were installed in
                 over 70% of Delaware's tidal marshes during the 1930's
                 for purposes of saltmarsh mosquito control. The ditches
                 partially drained breeding areas and provided access at
                 high tides for larvivorous fishes for mosquito
                 abatement.       However, many breeding sites (i.e.
                 potholes) were not drained by the geometrically-located
                 grid ditches,   so mosquito control was often less than
                 satisfactory;   additionally, para 1 le 1-gr id-d itches were
                 often     located    in    non-breeding      marsh     areas,
                 unnecessarily altering wetlands, and frequently larger
                 marsh pools and pannes of high habitat quality for
                 waterbirds and aquatic organisms were drained.             The
                 parallel-grid-ditch network in Delaware was maintained


                                    19







                    ("cleaned") and even somewhat expanded by additional
                    excavation projects in the early 1950's and mid-19601s.

                          Para 1 le 1-gr id-ditching is extensive in the tidal
                    wetlands of the Lower St. Jones River component, but
                    the Upper Blackbird Creek component is not heavily
                    affected.    As such, restoration of wetlands hydrology
                    in the St. Jones site, which would involve reversing
                    the effects of parallel-grid-ditching, might be a
                    desirable future undertaking. An intensive restoration
                    plan might involve filling the grid-ditches with
                    "appropriate" soils, but such an effort would involve
                    much traversing and temporary alteration of marsh to
                    accomplish, and uncertainty exists about the source and
                    suitability of soil to use as fill material.             (Note:
                    in many locations, grid-ditches are naturally filling
                    via tidally-borne sediments, but such processes take
                    several decades to start to have functional effects.)

                          If restoration of grid-ditched marsh                   is
                    undertaken, it is more probable that earthen plugs up
                    to 50 feet long will be placed in the grid-ditches near
                    the ditches, intersections with tidal creeks; the ditch
                    plugs would fill short segments of ditch channels to
                    marsh surface elevation, thus restoring wetlands
                    hydrological patterns (particularly subsurface water
                    tables) upstream from the plugs.*      Plugging those grid-
                    ditches which would most likely restore marsh ponds or
                    surface pannes would be given top priority.          Parallel-
                    grid-ditches that are still necessary for mosquito
                    control purposes would not be restored (i.e. not
                    plugged).    However, when areas are treated with OMWM,
                    grid-ditches are often plugged to incorporate them into
                    certain types of OMWM systems, helping to restore
                    wetlands hydrology.       Thus, restoration of parallel-
                    grid-ditch hydrological effects could be accomplished
                    by plugging grid-ditches, either remote from or in
                    association with OMWM systems.

              4) Phragmites Control

                         The rapid spread of phragmites over many areas of
                    Delaware's costal wetlands has had a net detrimental
                    impact on the quality and quantity of the marshfs
                    resources. While the extent of phragmites cover in the
                    lower St. Jones River reserve component is not yet
                    severe, there is the potential that this problem might
                    someday need control measures on the Reserve.             About
                    11% of Delaware's coastal wetlands are densely infested
                    with phragmites, and about 1/3 of all of the State's
                    tidal marshes have this species' cover at lower
                    densities. Areas of the Ted Harvey Conservation Area,
                    adjacent to the St. Jones River site, had unacceptable
                    phragmites incursions and were treated for marsh
                    restoration.     If phragmites control is required in


                                       20







               order to maintain or restore a balanced representative
               ecosystem, the State's control program,.relying on
               selective application of glyphosate herbicide followed
               by prescribed burning, is the preferred option.

                    The Upper Blackbird Creek reserve component has
               about 20% of its seaward marsh area severely infested
               with phragmites, with vast expanses of phragmites-
               dominated marsh extending downstream from the Reserve
               all the way to Delaware Bay. Because of the Blackbird
               Creek component's incipient problem and close proximity
               to extensive phragmites stands, the need to respond to
               future unacceptable incursions must be recognized.

          5) Research Manipulation.

                    Habitat modifications or alterations may be made
               for purposes of environmental research.             Such
               experimental manipulations are usually small-scale or
               have only temporary effects.     Examples of potential
               habitat manipulations for research include, but are not
               limited to, the following:

               a) Clip-and-harvest of aboveground vegetation plots.

               b) Placement of animal exclosure or inclosure cages.

               c) Taking soil cores, boring soil holes, excavating
               observation wells or profile pits, etc.

               d) Placement of sampling apparatus (and supporting
               structures) for aquatic biotic surveys, such as
               drop nets or fyke nets.

               e)    Construction and operation of hydrological
               monitoring stations, involving devices such a's tide
               gauges and stillwells, current meters, pumpsl or
               electrical probes and sensors.

               f) Marking study plots, boundaries, sampling stations,
               transects, etc. with stakes, flags, tape, signs,
               twine, etc.

               g) Construction and use of wildlife observation blinds.

               h)   Placement of small footbridges or boardwalks to
               allow access to research areas.

               i) Installation of small water control structures for
               hydrological studies, such as weirs, flumes, canal-
               checks, riserboards, etc.

               j)   Additions o'f chemical fertilizers, injections of
               radioactive tracers, release of tracking dyes,
               spraying experimental pesticides, etc.


                                21







                  6) Snow Geese Grazing.

                             Over the past 15 years, snow geese populations in
                       Delaware have rapidly expanded.              Migratory and
                       wintering snow geese flocks have now become so large
                       that these birds are overgrazing many areas of
                       Delaware's tidal wetlands, denuding patches of emergent
                       vegetation up to several dozen acres in size per patch,
                       with a preference for Spartina alterniflora marsh
                       herbivory.    Repetitive grazing of an area for just a
                       few seasons has caused permanent conversions of
                       previously emergent wetlands to mudflats or subaqueous
                       bottoms.

                             At present, snow geese overgrazing is not a
                       problem at either reserve component.            However, the
                       potential exists for future problems, particularly at
                       the lower St. Jones River site.              If it becomes
                       desirable to prevent or discourage snow geese
                       overgrazing in the reserve, corrective methods such as
                       structural detractants, special hunting practices, or
                       other harassment measures could be used.



                   In order to show the extent of anticipated or potential
            habitat manipulations within the DNERR, the following table
            presents estimated maximum percentages (by surface area) of what
            will be permissible manipulation, for both core and buffer areas.

                                              St. Jones              Blackbird
            Habitat Manipulation           Core    Buffer         Core    Buffer
            Insecticide Use                  80(1)   25            50(2)    25
            OMWM                             20      NA            NA       NA
            Restore Ditched   Marsh          80      NA            30       NA
            Phragmites Control                       NA                     NA
            Research Activities              25      70            25       70
            Snow Geese Responses                     NA                     NA



            Codes

            Core      Primarily tidal wetlands and associated water features.
            Buffer  = All non-core areas.
            NA      = Not applicable
                    = unknown maximum (probably if and as needed)
            (1)     = If OMWM is performed, then larviciding for mosquito
                      control would be eliminated in core.
            (2)     = In comparison to St. Jones site, done infrequently at
                      Blackbird site, only once or twice per year or not at
                      all.







                                           22







              In order to insure the long-term representative and
        ecological integrity of the DNERR, it is important that accurate
        record-keeping and tracking be done - for all previous or ongoing
        habitat manipulations, and that all newly proposed manipulations
        be given thorough review and prior approval by the State and
        NOAA. Records of cumulative surface areas (acreages) affected by
        the various habitat manipulation practices will be kept and
        continuously updated, in order to confine and perform needed
        manipulative activities without exceeding the identified
        maximums.    If (or as) maximum limits are approached in the
        future, it will become more and more important to sparingly
        approve new manipulations in previously non-manipulated areas,
        and to direct where possible new manipulation proposals into
        already manipulated areas (i.e. recycle or reuse formerly
        manipulated sites when possible)4

              Review procedures and requirements by the State and NOAA
        for specific habitat manipulation activities are addressed later
        in the plan, in the sections dealing with environmental research
        and monitoring or with environmental restoration.



































                                    23












           VII. BOUNDARIES AND ACQUISITION PLAN



                 A. KEY ECOLOGICAL AREAS

                 Boundaries for DNERR include an adequate portion of the land
           and water areas of the natural system to form an ecological unit
           which ensures effective conservation.       These areas are discrete
           enough to be effectively managed, and large enough to make long-
           term research possible.      To help focus management efforts, site
           boundaries encompass core and buffer areas.

                 NOAA regulations 15 CFR Section 921.11 define core areas as
           areas which contain "ecological units of a natural estuarine
           system which preserves, for research purposes, a full range of
           significant physical, chemical, and biological factors
           contributing to the diversity of fauna, flora, and natural
           processes occurring within the estuary."        The core area is "so
           vital to the functioning of the estuarine ecosystem that it must
           be under a level of control sufficient to ensure the long term
           viability     of    the    reserve    for    research     on    natural
           processes... [These areas] should encompass resources that are
           representative of the total ecosystem which, if compromised,
           could endanger the research objectives of the reserve." A buffer
           area is defined as an "area adjacent to or surrounding key lands
           and water areas and essential to their integrity. Buffer zones
           protect the core area and provide additional protection for
           e stuar ine -dependent species".    The buffer area may include an
           area for research and education facilities.

                 Site surveys were conducted to.establish boundaries for each
           6NERR - component.   Acquisition strategies to establish adequate
           State control have been established to provide long-term
           protection for reserve resources within these boundaries.
           Expenditure of federal and state funds will be minimized by
           giving priority to non-fee simple acquisition strategies, such as
           Memoranda of Understanding (MOUs), conservation easements and
           long term leases when possible. Fee simple acquisition was used,
           and is expected to be used, to obtain . some privately owned
           parcels of land.      The state will acquire control of land and
           water areas from willing sellers and participants only.               No
           condemnation procedures will be used.


                 B. PRIORITY ACQUISITIONS


                      1. Lower St. Jones


                 The Lower St. Jones River DNERR component is located in
           east-central Kent County, approximately 6 miles southeast of


                                         24







        downtown Dover (Fig. 2). The proposed maximum boundaries include
        landowners with title to about 5000 acres, with most of the area
        east of Rt. 113 (at Barkers Landing), on the north side of the
        St. Jones River (Fig. 3).    The other portion of the component
        east of Rt. 113 is on the    south side of the St. Jones River,
        extending up Trunk Ditch to Rt. 113, with the remainder of the
        component on both sides of the St. Jones River west of Rt. 113,
        extending up Cypress Branch to C.R. 363 (Fig. 3).

              ST. JONES SITE BOUNDARIES

             The component is,between the Logan Lane tract on the east,
        which forms the state-owned, 2019-acre Ted Harvey Conservation
        Area and the 176-acre Roberts tract on the west, also part of the
        State Wildlife Area system managed by the DNRECIIs Division of
        Fish and Wildlife. The Wildlife areas proximity to the Reserve
        nicely complement the component's conservation, research and
        educational   activities.

             The distance along the main channel of the St. Jones River
        between the Reserve's upstream, western boundary and Delaware Bay
        is about 5 1/2 miles.     The river continues upstream past the
        landward boundary of the DNERR component for another 5 miles,
        flowing out of Silver Lake near downtown Dover.        The DNERR
        component encompasses the John Dickinson Mansion (north of the
        St. Jones River and east of Rt. 113), managed by the Delaware
        Division of Historical and Cultural Affairs.    The component is
        partially adjacent to the Dover Air Force Base on the north, and
        the main body of the component is two miles west of the Delaware
        Bay shoreline. The DAFB is not within the Reserve.       Known or
        potential hazardous sites at the DAFB are not located on the St.
        Jones River and are not expected to cause any potential harm to
        research activities. The St. Jones component does not lie within
        the flight line of DAFB and any noise levels will be taken into
        account when designing DNERR facilities.   River area to the Bay
        is included in the component as well as the section of the
        Delaware Bay from the mouth of the St. Jones north and along the
        shore boundary of the Logan Lane tract to near its limit along
        the shore and extending bayward a distance of two miles.

















                                   25



















                                                                                                                  HEAD
                                                                                                                Will
                                                                                                                             All






                                                                                                                                                      Wf












                                                                                                                                                       Mc
                                                                                                                                                            Q

                                                                                                 x                     'E"'j








                                                                      S@ T





                         A,
                                                            VAT!E I




                                                                                                                                                                                                                 MMFOIW
                                                                                                                                                                                                                      E aU







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                               N'                                                                                 Hdl
                                                                                                                  Vd
                                         GTO'
                                 k   MP 37





                                                                                                                  FIGURE 2

                                                                General location of the proposed Lower                                                         St. Jones
                                                                                                                                                                iiz-

















                                                              River DNERR Component, in east-central Kent County






                           Delaware National Estuarine Research Reserve
                                                                                       St. Jones Component\,,

                                                                                                                                                                                                 gure 3.
                                                                                                                                                                           Key a a and boundaries
                                                                                                                                                                        of the                    er St. Jones River
                                                                                                                                                                                    DNE R component.
                                                                                                                      ........ ........
                                                                                                            .................      ....
                                                                                                                             ..........
                                                                                                                             . . . . . . . . . .
                                                                                                                 .-7    X.,  V---------
                                                                                                             ..... .....
                                                                                                              ........ .....     ...


                                                                                                                                                 Logan Lane
                                                                                                                                     Fish       and Wildlife Area
                       Site Boundaires
                M Core Area (Acquired)                                                                                                                                                                        Delaware Bay
                [0 Core Area (Proposed)                                                                                                                       ex
                M Buffer Area (Protected)
                El Buffer Area (Proposed)


                                  N
                                                                                                                                                                                         re
                                                                                                                                                                                         L  01@










                                           TABLE 1


                                 Land Ownership in the Lower
                              St. Jones River DNERR Component

            14AP PARCEL     ACREAGE                   OWNER


            East Dover Hundred


              96  20          95.4           Adele Conner
                  19         264.7           George & Lunch, Inc.
                  15         306.5           Delmarva Land Co.
                  21          13.0           State of Delaware, Dept. of State

            106   23           5.3           Thomas B. Farr Estate
                   8           1.3           David J. & Sharon Lewis
                   7           2.5           Joan M. & Mabel I. Jones
                   6          12.0           Robert Clouser
                   5           8.4           Alexander Auchterlonie
                   3          12.0           Fraternal Order of Police
                   2          11.1           Delmarva Power & Light
                  24         124.6           Alvin G. & Loretta Wilson
                   1         142.6           Alvin G. & Loretta Wilson
                             431.3           State of Delaware, DNREC

            105    7         249.8           Delagra Corp.
                  10          90.0           James McIlvaine
                   8.01       23.0           State of-Delaware
                   8         100.0           King Cole Farms, Inc.
                   1          40.0           Marjorie Lane

            South Murderkill Hundred

            114    1         543.3           David Vance & Wm. George Morris

            113   17          76.9           The Island Farm, Inc.
                  34         366.4           King Cole Farms, Inc.
                  15.01        1.2           King Cole Farms, Inc.
                  16         996.4           King Cole Farms, Inc.
                  43          75.0           John Wilkins
                  41          55.8           Ester & James Orvis (lifetime Est.)

            105   23          43.5           King Cole Farms, Inc.
                  13           4.4           Capital Office Equipment
                  12          51.0           Henry Zimmerman
                  27          80.2           King Cole Farms, Inc.

            North Murderkill  Hundred


             96   03         100.0           John Farrow
                  @04        144.0           State of Delaware, DNREC

            105    3          10.0           Henry Zimmerman
                   2         363.0           Calvin Meyers
                   1         177.2           Calvin Meyers


                                         28














                                                                                                             FIGURE 4
                                                                      EAST DOVER HUNDRED                                             st. Jones
                                                                                     property ownership within the Lower
                                                                                  River DNERR COMPonent (corresponds with Table 1)
                                    144.0                 264.7
                             100.0                             23.         13.0                     t5      1.3
                 NORTH                                  40@O                                                8.4
                 MURDERKILL                363.0            100.0         249.8                  11A
                 HUNDRED     177.2                                                  233.5                  110
                                             10.0                    90'D                                                         N
                                                                                            470.8

                                                51.D
                                                           0.5
                                                    4.4




                              MAGNOVA                          11                                           giver


                                                                 76.9

                                                                                         543,3
                                                                366.4
                                                                            75.0

                               SOUTH
                               MURDERM                                 55@8
                               HUNDRED
                                                                                                          LOWER ST, JONES
                                                                                                                 Scale In Fed
                                                                                                                  iil!!!!!!!M -







                      Local Interest and Participation

               The Lower St. Jones River received the most local support and
           interest of any site that was examined. Significant interest in
           the Lower St. Jones River area f or its research and educational
           potential was expressed by both Delaware State College and Wesley
           College.   Letters of support for the Lower St. Jones site were
           sent by the Principle Planner for Kent County, and by the Mayor
           of Dover. A joint letter of support for the St. Jones site from
           the Mayor of Dover and the President of the Kent County Levy
           Court was sent.to Governor Castle.     A local historical society,
           the Friends of Dickinson Mansion, was supportive. Town officials
           from Bowers Beach expressed interest in having the DNERR program
           help in land-use planning to conserve rural characteristics along
           the south side of the lower St. Jones River. The formation of a
           Lower St. Jones River-DNERR Landowners Management Association!
           with three property owners elected to serve as Association
           officers, was quite encouraging.     One of the private landowners
           within the site, an owner of about 700 acres of contiguous key
           parcels, has expressed a strong int  *erest in helping to establish
           the program (the landowner has sold 431.3 acres to the State for
           the Reserve and has signed a conservation Easement to keep the
           remainder of his lands in farm and woodlands).

                     Land Ownership

                The Lower St. Jones R    iver site boundaries encompass 35
           parcels of land representing 24 landowners (Table 1 and Fig. 4).
           The figure of 5022 acres for this site is a maximum value, since
           it includes upland areas for parcels containing wetlands where
           not all of the upland may need to be included in the DNERR
           component, although some upland area is needed for buffers and
           support facilities.     In terms of percent ownership, 12.2% is
           owned by the State; 6.1% by a construction company doing sand-
           and-gravel excavation on its adjacent property; 0.2% by a
           fraternal organization; 33.1% by a corporate farm; 5.0% by
           another corporate farm; and the remaining 43.4% by 16 private
           landowners, with four of these private landowners owning 40.8% of
           the component.


                           a. Core Areas

                The minimum core area of the St. Jones component, which
           includes a complete State owned ecological unit, consists of
           approximately 50 percent of the estuarine wetland complex located
           on the north side of the river between the Logan Lane Tract of
           the Ted Harvey Wildlife Area and Route 113.            This complex
           includes the tidal marshes, tidal creeks and guts,, and the open
           waters.   Excepted from this wetland complex are:     the old wharf
           site immediately behind the Dickinson Mansion in the edge of the
           tidal marsh; the boardwalk sites and the wetlands upstream of the
           boardwalks; and other areas surrounded by upland. The minimum
           core and buffer areas were acquired by the State from Alvin G.
           and Loretta Wilson in the purchase of parts of two tracts, in
           November 1991 the Slaughter tract of 343.8 acres fee simple and
           124.58 acres of conservation easement (development rights) and in


                                       30







          April 1992 the Wilson tract of 87.5 acres fee simple and 142.63
          acres conservation easement (development rights).

               The maximum core area includes all of the estuarine wetland
          complex on both sides of the river from the Delaware Bay to the
          Delmarva Land Company located 1.75 miles west of the Barkers
          Landing Bridge.

                         b. Buffer Areas

               The buffer areas of the     component includes the present
          agricultural and wooded areas    immediately adjacent to the core
          areas.   Included in the buffer areas are the freshwater marshes
          surrounded by upland.    The old wharf site and the areas around
          the boardwalks are part of this   buffer. The other areas located
          south of the St. Jones       River east of Route 113 and on both
          sides of the St. Jones River west of Route 113 will be within the
          buffer of the minimum defined core. Adequate buffer areas were
          acquired in the Slaughter and Wilson tract purchases.

                         c. Market values

               Market values will be established by appraisal reports in
          conformance with the "Uniform Appraisal Standards for Federal
          Land Acquisitions." "Fair Market Value" is defined as the amount
          in cash, or on terms reasonably equivalent to cash, for which in
          all probability the property would be sold by a knowledgeable
          owner willing but not obligated to sell to a knowledgeable
          purchaser who desired but is not obligated to buy. More than one
          appraisal may be necessary where negotiations stall.              only
          appraisers who can meet these standards will be used.

                    2. Upper Blackbird

               The DNERR component for the Upper Blackbird Creek estuary is
          located in southeastern New Castle County to the east of Rt. 13,
          about midway between Odessa to the north and Smyrna to the south
          (Fig. 5). This component of the DNERR is located about 20 miles
          (or a 35-minute  drive) north of the DNERR focal component on the
          Lower St. Jones  River.


                 BLACKBIRD COMPONENT BOUNDARIES

               The Upper   Blackbird Creek component's maximum proposed
          landowners have  title to about 3688 acres on both the north and
          south side of Blackbird Creek, from the Rt. 9 bridge at Taylors
          Bridge upstream to near Rt. 13 at Blackbird (Fig. 6). The major
          tributary of this upper creek segment is Beaver Branch, entering
          on the north side of Blackbird Creek about midway within the
          proposed Reserve. The main channel of Blackbird Creek stretches
          over 5.7 miles throughout the center of the component.
          Downstream of the seaward end of the Reserve component, from
          Taylors Bridge to Delaware Bay, the lower Blackbird Creek runs
          for another 5.8 miles, passing by Red Bank and Stave Landing on
          its way to the Bay. The upper third of the Reserve is crossed by
          C.R. 455 at Blackbird Landing.


                                      31














                                                                                                   FIGURE 5

                                                 General location of the proposed Upper Blackbird Creek
                                                      DNERR Component, in southeastern New                                            Castle County



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                                                                                              D-0
                                                                   WadkW

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                                      cou N I I
                                                                                                                                                   AA



                                                                                                                                                         UPPER BLACKBIRD
                                                                                                                                            ODESSA





            Delaware National Estuarine Research Reserve
                                           Blackbird                 Co ponent                              Taylors Bedge
                  Figure 6.
          Key areas and bo daries
        of thqUpper Blackbird           eek
                NERR component.



                                                Blackbir Landing                 I ckbi    reek



                                                                                              Site Boundaires               N
                                                                                          M Core Area (Acquired)
                                                                                              Core Area (Proposed)
                                                                                              Buffer Area (Protected)
                                                   U-3
                                                                                              Buffer Area (Proposed)







                     Local Interest and Participation

                Members of the       DNERR Advisory committee were very
           enthusiastic about Upper Blackbird Creek, since it offers
           ecological    characteristics    different    from    but    highly
           complementary to the Lower St. Jones River component. The entire
           Blackbird Creek estuary has been recognized by the State Off ice
           of Nature Preserve as an outstanding Natural Area worthy of
           protection.   The New Castle County Department of Planning has
           indicated that the component is appropriate for a NERRS-type of
           use.   A DNERR Landowners Management Association was formed in
           October, 1989, consisting of three officers who are site
           landowners who were elected to help in development of the Reserve
           Management Plan.    Finally, a key parcel on the north side of
           Blackbird Creek, east of Beaver Branch, was purchased by the
           State in January, 1990, making this property an integral part of
           the Upper Blackbird Creek DNERR.    The acquisition of this 212-
           acre parcel, composed primarily of brackish tidal wetlands with a
           narrow upland buffer and access strip, was made possible by the
           cooperation and fore-sight of Mr. Holger H. Harvey.

                     Land Ownership

                The 3688 acres owned by the landowners of the Upper
           Blackbird Creek DNERR component are divided into 50 parcels owned
           by a total of 48 landowners (Table 2). Similar to the Lower St.
           Jones River site, the total acreage figure of 3688 acres is a
           maximum number, since many of these parcels contain more upland
           area than what would be needed to provide the creek corridor and
           adjacent wetlands with adequate buffers.       Of the total 3688
           acres, Delaware     Wildlands, Inc. (a private conservation
           organization) owns  703 acres (19%), and the State of Delaware"s
           new acquisition is  212 acres (6%). The remaining 2773 acres are
           owned privately by  46 landowners; however, only 8 landowners own
           parcels totaling more than 100 acres per owner, and in aggregate
           these 8 landowners own 1879 acres (51% of the proposed Reserve).
           Most of the 36 owners of the smaller parcels are clustered around
           Blackbird Landing or are west of C.R. 455 (Fig. 7).




















                                       34








                                         TABLE 2


                         Land Ownership in the Upper Blackbird
                                  Creek DNERR Component


                                    BLACKBIRD HUNDRED


         MAP PARCEL      ACREAGE                    OWNER


         Blackbird Hundred


            10   54         118.56         Liborio 3 LP
                 50          46.37         Earl Leasure
                 51           7.16         Richard & Carroll Parsons

            11  129          15.03         Douglas D. Pointer
                  1          11.42         Todd J. Savidge
                135          10.34         Charles J. Benedict
                136          15.51         John I. Ciancio


            7    57          49.48         John F. Coleman
                 71          41.77         Charles F. Bartoni Jr.
                 16          10.29         Harvey W. Straughn
                 70          16.97         John W. Bingham
                 69          14.03'        William A. Weatherlow
                 17           2.40         William C. Shane
                 61           2.48         Paul A. Rynkiewicz
                 62           2.09         Edward P. Riehm
                 63           8.4          Norman Rushton, Jr.
                 64          10.32         Ronald F. Schocie
                 65          12.86         Michael R. Atkinson
                 66           7.03         William A. Slawter
                 26          11.28         Lena C. Unruh
                 15          24.19         Gerald K. Heinold, Sr.
                  3         231.18         Charles F. Stites, Jr.
                 12         118.59         Vernon E. & Kenneth A. Kershaw
                 58          54.38         Vernon E. & Kenneth A. Kershaw
                 59         151.03         Vernon E. & Kenneth A. Kershaw
                 13         321.18         Mary T. Lynch
                 27           3.09         Robert C. Smith


            8     1          46.35         Henry J. Stellar
                  2         192.2          Virginia M. Bell et al, c/o W. Paul
                                           Bradley

            3     4           1.22         Mary A. Stellar
                  5           4.64         Reynolds E. Mercer

            4     6         155.58         T. William Lingo
                 10         703.40         Delaware Wildlands, Inc.








                                        35







                                     (continue table 2)
                                    APPOQUINIMINK HUNDRED


            MAP PARCEL      ACREAGE                  OWNER


            Appoquinimink   Hundred


             20   83           10.00         Frank Anderson


             16  159          199.38         Corbit D. Collins
                 178           27.00         Donald R. Wood
                 253           28.75         David M. Truesdale
                 147           57.75         Chester Gove, Jr.
                 146           80            George E. Parsons

             17    3           61.57         William J. Cornelius
                   5           50.0          Earl Swanson
                  17           85.50         William Manwaring
                  18           40.35         Hans F. Haug
                   6           72.0          David H. Donovan
                   7           79.10         Harry Fisher, Jr.
                  49          161.43         Holger H. Harvey et al
                  50           53.3          F. Thomas Unruh
                  51          211.53         State of Delaware, DNREC

             13   20           11.70         Geoffrey G. Perry
                  19           25            Elsie & Pauline Shockley
                  26           12.77         John & Alice McPeake




































                                         36


















                                                                                                                                                                                                               %9


                                                                                                                                                                                                                                                                                                                                                     01%     434 #A.
                                                                                                                                                                                                                                                                                                                                                                01,
                                                        N

                                                                                                                                                                                                                                                                Co' Rd 449                                                                                                          W1
                                                                                                                                                                                                                                                                                                                                                                                     A

                                                                                                                                                                                                                               211.53 Ac.
                                                                                                                                                                                                       11.70 4C.                                                                                               MA
                                                                                                                                                                                                          903                                                                                                     Sol


                                                                                                                                                                                                                 72.10 A,.                                             W1
                                                                                                                                                                                                                      2                                             174.20 Ac.
                                                                                                                                                                                             A          72AAc.          902
                                                                                                                                                                                          4OJ5 Ac.
                                                                                                                                                                                              --,?Ol           got
                                                                                                                                                                                     25-53 ACTARli'
                                                                                                                                                                       134
                       ,j                                                                                                                                             50 A@               J2                                                                                                                                                                                 192.20
                       k:                                                                                                                                                                 "I
                                                                                                                                                                                       ISM Ac.
                                                                                                                                           000
                                                                                                                                    61.57 AC.                                                                                                                                                                      901
                                                                                                                                                                .*.'.'. : -.- :, -.1                                                got                                          901
                                                                                                                                           0       FARM
                                                                                                                                                                                                                                                                                                               321.13  Aft.
                                                                                                                                           001                           .......................
                                                                                                                                           a. 40 AUc.                      .. ... ......                                                                                       59
                                                                                                                     5901                                                      ... .........                                                      .12                      151.03 A,.
                                                                                                                         A..                                0.    A,    5                                                                     116.59  Ac.

                                                                                                                                                                  3                                       901
                                                                                                      57.75 Ac.    902                                                1.20
                                                                                                                                                                                    903
                                                                                           28.75 A,-                                       14.03                         40.    Ac.                            231.54 Ac.
                                                                                                                                                           2.               Sol
                                                                                                                                                                           Ac.
                                                                                         901                            StAu                                            001)
                                                                  901                                                                      J-0.W        2Y            11FA.        24AS At.
                                                              199-M Ac.                                                            ISM I

                                                                                                                             90            1034 M.        OX     Ac.
                                  got                                                                                     902       1 12   ;V
                                10.00 AC                                                      got                            5. 3 A.                                                                 UPPER                          BLACKBIRD
                                                                              FARM                                               Ac.
                                                                46.37  Ac.                                                                         4.79 Ac,
                                                                                                                                                                                                               ooo      -      VACW LW
                                                                                                                     J-15                                                                                      001      -      ASSOCKTED PARM VAMW OR WN
                                                                           901                                    511,13 Ac.                                                                                                   AUMARY WROMEW
                                  Oil                                                            53                                                                                                            mi       -      ONE FAWY PLATIED
                                                                                                                                                                                                               015      -      ONE FAWLY UWLATFED
                                                                                                                                                                                                               134      -      CAMPGROUNDS
                                                                                                                                                                                                               901      -      CROP
                                                                                                                                                                                                               902      -      MREST/WOOMMO
                                                                                   CO- Rd.             465                                                                                                     903      -      WHER                                                          FIGURE 7

                                                                                                                                                                                                                                                           Property Ownership                                               within the
                                                                                                                                                                                                                                             Upper Blackbird Creek DNERR Component
                                                                                                                                                                                                                                                               (corresponds with Table 2)









                            a. Core Areas

                 The minimum core area of the Upper Blackbird, which includes
            a complete State owned ecological unit, consist of the tidal
            marsh, tidal creeks and guts, and the open water of the Blackbird
            Creek between Taylors Bridge and private lands to the North, the
            Blackbird Creek to the East and South, and Beaverdam Branch to
            the West.   This core area was acquired by The State of Delaware
            in January 1990 as a cooperative purchase from the heirs of
            Louise Nowland.


                            b. Buffer Areas

                 The woods    along the tidal marsh provide a buffer to the
            core.   Moreover, the uplands immediately adjacent to the woods
            bounding the core area have been restricted to agricultural use
            or single family residential use with no residential lot less
            than 10 acres to ensure little if any impact to the buffer and
            core areas.. The core and buffer areas consisting of 211.53 acres
            were acquired in fee simple by The State of Delaware for the
            DNERR program. Additional property interests may be acquired to
            add to both the core and buffer areas.


                            c. Market Values

                 Market values will be established by appraisals in
            conformance with the "Uniform Appraisal Standards for Federal
            Land Acquisitions." More than one appraisal report may be
            necessary to determine the proper market value.              Appraisal
            reports for donations of land will not be required, although an
            appraisal report may be necessary in negotiating a donation.


                 C. STRATEGIES FOR ACQUISITION

                       1. Fee simple

                 Fee simple title is the acquisition of all rights in the
            property. Fee simple title will be acquired for the minimum core
            areas. Through landowner contacts acquisition         of the minimum
            defined core by fee simple title has been determined the only way
            to ensure the measures required to obtain and maintain the
            critical estuarine ecological units. Fee simple title will also
            be acquired for key buffer areas where other lesser property
            interests cannot be negotiated.

                       2. Conservation Easement

                 A conservation easement (7 Delaware Code, Ch. 69) may be
            used to restrict the use of a property to its traditional uses
            and for this program. An owner can retain title to the property
            and may continue to use the property for any use not inconsistent
            with this program.     Each conservation easement will be tailored
            to meet the traditional uses and features of the property.



                                         38








                  3. Xemorandum of Understanding

             A Xemorandum of Understanding is an agreement between the
        private owner or other governmental agency and the State to allow
        the research and education under the DNERR program on property
        for which no title interest is being acquired. The Xemorandum of
        Understanding must address utilization of the property and run
        for a term sufficient to complete research projects.

                  4. Long-term Leases

             Long term leases or agreements may be negotiated when
        easements or other methods of acquisition fail. These leases are
        intended to extend over a fifty year period to allow sufficient
        time for research projects to be completed.

                  5. Alternatives

             Rights of first refusal may be negotiated and executed when
        other commitments from private owners fail.     A right of f irst
        refusal gives the State an opportunity to meet the purchase price
        of f ered by any prospective purchaser of the private land when a
        change in title occurs. This is an important tool where land has
        remained in a particular family for a long time, and the owner
        wants it to remain.     This first refusal helps to ensure the
        opportunity for the State to acquire the land if the ownership
        changes or   the use of the property changes by rezoning or
        subdivision.


                  6. Donations


             Donations of land should not be overlooked and should      be
        accepted either in fee simple title or conservation easement.   In
        some instances, donations with reserved life estate may be used
        to incorporate the-land into the program while allowing the owner
        to continue the traditional uses of the property during the
        owner's lifetime.



             D. SCHEDULE


             Contact has begun f or the core areas in both the St. Jones
        component and the Upper Blackbird component.    The minimum core
        and buf f er areas in the Blackbird component have been obtained
        with the acquisition of the 212 acre tract in January 1990.
        Settlement has occurred with the owner of 698 acres (431 acres
        fee simple and 267 acres conservation easement) for the minimum
        core and buffer areas in the St. Jones component. Negotiations
        will continue with the private owners within the Reserve
        boundaries.

             The following page lists the tracts that have been acquired
        along with the conservation easements which restrict development.


                                   39






                       DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE


                                       LANDS AND WATER


                                           ACQUIRED

            PURCHASED lands    water                 St. Jones = 431.3
                                                    Blackbird = 211.53
                                                      TOTAL      642.83 ACRES
             tidal wetlands    413.7  acres
                        core   398.7  acres
                        non-core    15.0 acres


                 uplands              229.13 acres
                       woodlands     = 99.16 acres
                       agricultural  = 117.97 acres
                       facilities       12.0 acres


            CONSERVATION EASEMENT                    St. Jones   267.21 ACRES
            TOTAL RESERVE                                        910.04 ACRES



            Blackbird - NOWLAND TRACT


            PURCHASED lands and water                            211.53 ACRES
             tidal wetlands = 152 acres
                        core = 152 acres
                        non-core = 0 acres


                 uplands          59.53 acres
                       woodlands     = 49.53 acres
                       agricultural = 10.0 acres
            -----------------------------------------------------------------
            St. Jones - SLAUGHTER TRACT


            PURCHASED lands & water                              343.8 ACRES
             tidal wetlands = 217.36 acres
                        core = 207.36 acres
                        non-core = 10.0 acres


                 uplands       - 126.44 acres
                       woodlands     = 32.83'acres
                       agricultural = 93.61 acres

            CONSERVATION EASEMENT                                124.58 ACRES
            TOTAL                                                468.38 ACRES

            -----------------------------------------------------------------
            St. Jones - WILSON TRACT


            PURCHASED lands & water                               87.5 ACRES
             tidal wetlands = 44.34   acres
                        core = 39.34  acres
                        non-core = 5.0 acres


                 uplands       = 43.17 acres
                       woodlands     = 16.8 acres
                       agricultural =    2.37 acres
                       facilities    = 24.0 acres


            CONSERVATION EASEMENT                                142.63 ACRES
            TOTAL                                                230.07 ACRES







             The strategy of the acquisition schedule is to continue to
        acquire the key lands and water within the St. Jones component
        which has been identified as those lands and water on the north
        side of the River, east of U.S. Route 113, and west of the DNREC
        owned Logan Lane Tract. This may be accomplished in the following
        approach:

             Fee Simple Title
                  Nowland tract wetlands and upland buffer - 1/90
                  Slaughter tract wetlands and upland buffer - 11/91
                  Wilson tract wetlands and upland buffer - 4/92
                  King Cole Farms wetlands
                  Delagra tract wetlands and upland buffer
                  Conner tract wetlands and upland buffer
                  McIlvaine wetlands



             Conservation Easement
                  Slaughter farmlands and woodlands - 11/91
                  Wilson farmlands and woodlands   4/92
                  Morris wetlands
                  Wilkins wetlands
                  Delmarva Lands wetlands
                  King Cole Farms wetlands
                  Meyers wetlands
                  Zimmerman wetlands
                  Lane wetlands

             It is stressed again that property will be acquired only
        from those private landowners willing to participate.in the
        program. There will be no -condemnation of land. Donations of
        lands and water will be considered for either fee simple title or
        conservation easement in addition to the other alternatives
        described earlier.


             Fee Simple Title

             THE NOWLAND TRACT was purchased in January 1990 by the DNREC
        from the Louise Nowland heirs. The tract consists of 152 acres of
        wetland core area, and .59.53 acres of upland buffer for a total
        of 211.53 acres of key lands and water. The tract is located at
        the downstream end of the Blackbird Creek component on the north
        side of the Creek and the east side of Beaver Branch. Public
        access is off of Rd. 456 with sufficient upland for parking and
        minimal facilities.

             The Nowland tract includes sufficient key lands and water to
        represent an estuarine area of lower salinities to adequately
        compliment the St. Jones Reserve for the DNERR representation of
        the Middle Atlantic biogeographic region. For this reason, the
        acquisition of additional lands and water along the Blackbird
        Creek will generally follow the acquisition of the St. Jones
        component's priority areas.


                                   41







                 THE SLAUGHTER TRACT was purchased from Alvin G. and Loretta
           Wilson in November 1991 by the DNREC from funds allocated by the
           f irst action of the newly created State Open Space Council. The
           tract consists of 217.36 acres of core wetlands, 32.83 acres of
           woodland buffer, and 93.61 acres of farmland as buffer  area for a
           total of 343.8 acres of key lands and water. The tract   is located
           at the downstream end of the St. Jones component on the north
           side of the River. It is bounded on the east by the 2000 acre
           Logan lane tract, owned by DNREC, other lands of         Alvin and
           Loretta Wilson on the north and the Wilson tract on      the west.
           Public access will be from the Logan lane on the east and from
           the Wilson tract on the west. The farmland and family hunting on
           the rented farmland has been leased back to the Wilsons on a
           renewable basis.


                 THE WILSON TRACT was purchased from Alvin G. and Loretta
           Wilson in April 1992 by the DNREC as a second parcel adjoining
           the Slaughter tract. The tract consists of 44.34 acres of core
           wetlands, 16.8 acres of woodland, and 14.37 acres of cleared land
           where the DNERR Education and Research Center is to be located.
           The tract lies in the heart of the key lands of the proposed
           Reserve with a peninsula of upland extending into the wetlands
           for the location of the Center. It is bounded on the south by the
           St. Jones River, on the east by the Slaughter tract and other
           lands of Wilson, on the north by Rd. 68, and on the, west by
           Delagra Corporation. Public access will be provided by a mile
           long entrance road to be constructed to the Center. Trails have
           been constructed to provide access from the east and west
           including 1300 feet of boardwalk just a couple hundred feet from
           the Center. The Boardwalk includes education stations and a canoe
           dock for access to the St. Jones River.


                 conservation Easement

                 THE SLAUGHTER FARM development rights were acquired with the
           purchase of the Slaughter tract from Alvin G. and Loretta Wilson
           in the form of a conservation easement to allow the continuation
           of the traditional activities of farming and hunting of the
           remainder of the Slaughter farm consisting of 124.58 acres.

                 THE WILSON FARM development rights were acquired also with
           the purchase of the Wilson tract consisting of 142.63 acres. The
           combined Wilson/Slaughter Conservation Easements restrict
           development to only 4 additional dwellings on the 267.21 acres of
           the easement. The Wilson/ Slaughter acquisition includes nearly
           all of the watershed that drain through the core areas of the
           proposed Reserve, therefore ensuring maximum control and
           protection of long term research and education projects in the
           core areas.


                 The work schedule presented represents the extent of funding


                                       42







        available for acquisition. It is anticipated that additional
        areas desired in addition to the minimum eligible Reserve area
        acquired so far will come under State protection through
        donations of key wetlands in the focus area and NOAA funded
        acquisitions. With the State's expenditure of over $1.1 million
        to date for acquisition and $-0- to date from NOAA, $200,000
        request denied by NOAA, and $-0- expected in the near future, it
        is difficult to predict any additional acquisitions.

        Phase I Environmental Assessments are completed for any property
        acquired by the State.    This Phase I Environmental Assessment
        examines the current use of the property, its history, an on-site
        inspection, improvements, tanks, old pipes, odors, depressions or
        moundst evidence of dumping, vegetation under stress, standing
        water, discoloration of soil or water, use of adjacent property,
        record of violations and any known spills or releases of
        chemicals or hazardous substances. If the Phase I audit reveals
        evidence of contamination, a Phase II Environmental Audit is
        ordered from an independent contractor.



































                                   43









           VIII. PUBLIC ACCESS PLAN


               A. POLICY

                Public access shall be permitted on a site specific basis.
           The objective of regulated access is to maintain each component's
           integrity f or research, long term resource protection, and
           education while permitting traditional uses which do not conflict
           with reserve goals.

                Entering or remaining on lands under the jurisdiction of the
           DNERR when such lands are closed or entering or remaining within
           any building, structure, or facility when such building,
           structure or facility is closed,   Ishall be prohibited without a
           written permit from the Reserve Manager.

                No structure, facility, building, or area administered by
           DNERR will be used for any activity other than that for which it
           was intended without prior written permission of the Reserve
           Manager.

                The Reserve Manager may limit or close specific public use
           areas, lands, waters, and facilities and/or temporarily prohibit
           certain activities when such action is deemed necessary for
           resource management, research, education and/or when it is in the
           best interest of health, safety, and the general welfare of the
           public.

               B. SPECIFIC COMPONENT ACCESS


                   1. Public visitation


                    St. Jones Component

                The general public will be permitted access to outdoor
           facilities such as trails, boardwalks, etc., from 8 a.m. to dusk
           on a year round basis, except as restricted for special uses.
           Access to the John Dickinson Plantation exhibits, etc. will
           coincide with the regular operation of the mansion as determined
           by the Division of Historical and Cultural Affairs.         General
           public visitation of the St. Jones Center will be from 8 a.m. to
           4:30 p.m., Monday through Friday excluding holidays. All access
           will be for identified facilities only. Free roaming through the
           component is not permitted without written approval of the
           reserve manager.

                Traditional Uses

                The Lower St. Jones River estuary has a rich, intensive
           tradition of consumption of renewable natural resources.
           Waterfowl hunting, upland game hunting, muskrat trapping, and
           commercial fisheries (e.g. crab and eel potting, gill netting)
           all occur within the main channel of the St. Jones River, its
           tributaries, or throughout the contiguous wetlands.             The
           recreational fishing pier at the State-owned St. Jones River


                                       44







        Access Area (on the south side of the River, west of Rt. 113 at
        Barkers Landing) is used by local citizens primarily for crabbing
        and fishing for white perch and catfish.       A private trap-and-
        skeet shooting club leases several acres of upland fringe and
        tidal wetlands adjacent to the Rt. 113 bridge, just to the east
        of the bridge on the south side of the River.       These and other
        traditional outdoor activities should be accommodated by the
        Reserve program.

             Current Public Access

             Controlling public access to the Reserve component should
        not be too difficult even though the area is along         a linear
        corridor divided by a river.     To the east of Rt. 113, extensive
        upland buffer zones on both sides of the St. Jones River could be
        created, since there are only a few property owners and the area
        is almost exclusively-agricultural. on the west side of     Rt. 113,
        the north side of the river has only a few property owners,
        bordered by the upland sand-and-gravel pit operations.      The area
        of the Reserve where access might be most difficult to control is
        on the south side of the River west of Rt. 113, where two county
        roads bring the public right to the River's edge for a portion of
        the River's frontage.

             Boat access to the River corridor itself is somewhat
        limited, with the main access being a well-used, State-owned ramp
        for small boats at Barkers Landing, on the south side of the
        River just west of Rt. 113. A small boat access from the proposed
        DNERR facilities center on the River's north side east of Rt.
        113, via a natural tributary running from the main channel to a
        new backmarsh landing, has been developed.      There is no public
        access for motorized boats to the River upstream of the Barkers
        Landing ramp, although Dover residents launch canoes and car-top-
        style boats from upstream shorelines and from a canoe ramp near
        Court Street in Dover.     Because water depths over the sediment
        and oyster bars at the River's mouth may be less than a foot at
        low tide, access into the Lower St. Jones River from Delaware Bay
        is limited near low tides to only shallow-draft boats.

             The use of the River by commercial boats or larger
        recreational craft is presently limited due to lack of upstream
        access and downstream shoaling problems. A seven-foot deep
        channel from Delaware Bay to Dover was completed by the Army
        corps of Engineers by 1933, but subsequent dredging was abandoned
        because of lack of demand and no place to dump the excavated
        spoil. There are no current plans or designs for upstream marinas
        or downstream dredging.

        Delaware PM Area

             Land access to the Delaware Bay's shorefront from the
        DNERRI's St. Jones component will be attained via cooperative
        agreement with the DNREC's Division of Fish and Wildlife,
        utilizing a developing Greenway which crosses the Division's Ted
        Harvey Conservation Area (the "Logan Lane" tract), providing


                                     45







           access to almost two miles of publicly owned Delaware Bay
           shorefront. Potential berthing and easy access-to Delaware Bay
           for larger vessels exists at either Port Mahon (about 6 miles
           directly northeast of the proposed Education and Research Center)
           or Bowers Beach (about 3 miles by road directly southeast of the
           proposed Center).

                    Blackbird Component

                The general public will be permitted access to outdoor
           facilities such as trails and boardwalks from 8 a.m. to dusk on a
           year round basis, except as restricted for other special uses.
           These special uses will be posted.      All access will be for
           identified facilities only.   Free roaming through the component
           is not permitted without written approval of the reserve manager.

                Traditional uses


                Several of the management considerations associated with the
           Lower St. Jones River component also apply to the Upper Blackbird
           Creek component.   In particular, concerns with accommodation of
           waterfowl hunting and muskrat trapping are addressed.

                Current Public Access

                Upper Blackbird Creek has very little boat traffic, and what
           does occur is essentially associated with waterfowl hunting,
           muskrat trapping, and recreational fishing.    Boat access along
           the entire course of Blackbird Creek is very limited, with only a
           few unimproved, private access points. There are no expectations
           of the creek's future use for commerce, both because of its very
           shallow depths upstream at low tide and the lack of- driving
           economic forces in the adjacent uplands.      The creation of a
           downstream water access area for motorized small boats, in
           conjunction with a headwaters canoe launch area, are very
           desirable improvements to consider.

                   2. Group Use

                    St. Jones Component

                All groups should contact the DNERR Estuarine Educator to
           arrange for programs, guided tours, or other use of the center or
           Reserve.


                    Blackbird Component

                Groups not needing special program assistance may use the
           Blackbird component on the same basis as the general public.
           Groups wishing program assistance must contact the DNERR
           Estuarine Educator to arrange an appropriate program schedule.






                                      46







                3. Access for boat or canoe launching

                 St. Jones and Blackbird Components

             Access f or canoe or kayak launch or retrieval is permitted
        only in designated locations and during times permitted for
        general public visitation. Launch or retrieval of other boats by
        the public is not permitted without written permission of the
        reserve manager.

                4. Fishing, Hunting and Trapping

             Traditional activities of fishing, hunting and trapping will
        be permitted up to levels currently permitted under local and
        State laws (unless these uses interfere with a research or
        educational activity that cannot avoid a conflict with these
        traditional uses).

                5. Other Uses

             Access for uses other than those listed will be permitted on
        a case by case basis.          The reserve manager's written
        authorization must be received prior to initiating any of these
        other uses.











































                                   47









          IX. ADMINISTRATIVE PLAN


              A. ADMINISTRATIVE AUTHORITY

               NERR programs are administered as a State/Federal
          partnership under the authority of the federal Coastal Zone
          Management Act (CZMA) of 1972, as amended. The      Delaware NERR
          program will be administered by the Delaware Department of
          Natural Resources and Environmental Control (DNREC) , Office of
          the Secretary, Management and operations. At the federal level,
          the administrative authority is the U.S. Department of Commerce,
          National Oceanic and Atmospheric Administration (NOAA), National
          Ocean Service (NOS), Office of Ocean and Coastal Resource
          Management (OCRM), Sanctuaries and Reserves Division (SRD).

              B. STAFF ROLES


                  1. Administration

               The administrative framework for the Reserve recognizes the
          need for cooperation and coordination in order to achieve the
          objectives of the    Management Plan. The administration for the
          Reserve ensures that the functions required to implement this
          plan - education and research activities, land acquisition,
          facilities development, resource protection - are coordinated
          with the necessary agencies/organizations/landowners which are
          presently active within the Reserve's components.

               Administrative responsibility for the management of the
           DNERR is through the Delaware DNREC for several reasons.
          Wetlands regulations, the Coastal Management and Delaware and
          Inland Bays National Estuary Programs, the Delaware Coastal Zone
          Act, the Beach Preservation Act, the Erosion and Stormwater
          Management Program, the Non Point Source and Point Source
          Programs, hunting and fishing regulations, and natural resource
          management in general are within DNREC and are the obvious
          reasons for this administrative lead.

               Some of the other activities, authorities, and programs that
          enhance the Reserve's values include: the Delaware State
          Department's Division of Historical and Cultural Affairs for the
          history, education and research attributes as well as their
          museums programs which will address the general public's interest
          in the Reserve; Wesley College, Delaware State College and the
          University of Delaware for their Education.and  'Research programs;
          the Kent County and New Castle County governments for their land
          use zoning, building codes, recreation programs and other
          pertinent local authorities; the USDA Soil Conservation Service
          for their technical services and Plant Materials Center research;
          the Kent, New Castle and National Conservation Districts
          programs; the St. Jones and Blackbird Landowners Associations;
          the St. Jones River Watershed Association; the Delaware
          Department of Agriculture; and the various environmental and
          cultural organizations including the Friends of Dickinson Mansion


                                      48







        and the Delaware Nature Society. Many of these groups anticipate
        co-locating their estuary programs to the DNERR Education and
        Research Center. This interaction of associated agencies,
        organizations and governments presents the opportunity for
        coordination and collaboration. However, it presents an
        administrative structure that requires defined duties,
        authorities, and responsibilities of a more disciplined nature
        than a program that is operated by a single entity.

        DNERR ADMINISTRATOR

             The Secretary of DNREC is the Administrator of the         DNERR.
        The DNERR program is assigned to the Director of Management       and
        Operations within the Office of The Secretary located at the
        Richardson and Robbins building within the Capital complex in     the
        City of Dover. The DNERR Program Manager is in the Office of      The
        Secretary and is responsible for the overall coordination         and
        operations of the Reserve with the guidance of the Director of
        Management and Operations. The Program Manager will be located at
        the DNERR Education and Research Center at the St. Jones
        component which is only 6 miles from the Capital complex. The
        State's staff assigned to the DNERR will be responsible for the
        Programs of both of the Reserve components.

        DNERR EDUCATION AND RESEARCH CENTER

            The DNERR Program Manager and/or the DNERR Estuarine Educator
        will be responsible for the Reserve Center operations and
        maintenance. The Supervisor in charge of each cooperating agency
        located at the Reserve Center will be responsible for the
        management and operations of their programs and employees.

        VISITORS BARN

             The Department of State-Is Division of Historical and
        Cultural Affairs', Bureau of Museums and Historic Sites will be
        solely responsible for the operations of the Visitors Barn at the
        John Dickinson Mansion.


        AGENCY COORDINATION AND COOPERATION

             The development and implementation of the sections of the
        Management Plan requires the leadership of personnel from all the
        Divisions of DNREC and a Division of the Delaware Department of
        State. Staff roles are required in research, education and
        interpretation, and surveillance and enforcement. In addition,
        staff roles are required to establish and maintain assistance to
        affected and bordering landowners, to perform land acquisition
        and resources inventories, and to protect and restore valuable
        resources. The specialists required to perform       these functions
        are important to the degree of success of the DNERR local,
        regional and national significance. For this reason the
        authoritative chain of command has been sublimated with a
        coordinated multi-agency approach that through mutual cooperation
        has resulted in a collaborative Management Plan with an
        administrative structure supported by a broad based foundation.


                                     49







                                 DNERR ADMINISTRATIVE STRUCTURE

                   The following structure is the authoritative chain that will
             be followed to resolve conflicts among intra- and inter-agency
             policies, programs, and directions:



                                          DNREC Secretar
                                    STATE POLICY & DIRECTION
                     DNREC Management & Overat    !ons Dir ------  DNERR Advisory
                            GENERAL COORDINATION                        Committee





                                     Private        State        Federal       Kent Co
                                  organizations Agencies         Agencies New Castle Co.
                                    Landowners      DHCA                    City of Dover
                                   Associations
                                                              (Headquarters)


                       DNERR Program Manager ---- WOAA,OCRM,S&R Div.
                                 I                   NERRS POLICY, COORDINATION &
                     (Senior Secureltary)            DIRECTION; GRANTS; EVALUATIONS





             Educai       Iministrator<  -- ------- >Research Coordinator
                          I                                              I
             Education Coordinator                                  Sci/Tech Adv
                                                                     Committee
             (Estuarine Educator)




                irlemic      Citizen Aware &         Research Mon ;oring Management
             Programs        Involvement Prog.





             DECISION MAKERS ESTUARY USERS




                                                                    Vol. Coordinator

                  %illance/                    Center                   Volunteers/
             Enforcement                    Operations               Support groups


             <----- > - indicates a close working relationship between units
                         and coordinated supervision of following functions.


                                            50






             Landowner assistance and citizen involvement is aided by the
        Volunteer Coordinator under the leadership of the DNERR Program
        Manager. This interaction with landowners is very important to
        the success of the DNERR in that all but 11 acres of the 4000
        acres nominated were in private ownership requiring an
        understanding, cooperation and a willingness of the owners of key
        lands and waters to voluntarily participate in the program for
        the Reserve to be established.

             The acquisition of land is led by the Real Estate Office in
        the Division of Parks and Recreation of DNREC. This office is
        responsible for developing and implementing a strategy for
        adequate long-term state control over the ecologically key land
        and water areas that have been identified by the Reserve's
        resource protection, education, research, and facility needs.
        Through integrating this strategy with the other land acquisition
        priorities of the DNREC, the Real Estate Office will identify
        ownership, perform negotiations, and carry out settlement
        responsibilities.

             Resource inventories, protection plans, and restoration are
        the most dependent upon a well developed coordinated staffing
        approach. Staff assistance is required from DNREC's: Division of
        Parks and Recreation - Natural Heritage program, Land
        Preservation, Cultural Resources, and Heritage Planning; Division
        of Fish and Wildlife - Planning, Wildlife Research, Fisheries
        Research, Wetlands Research, Waterfowl Management, Wildlife
        Management, Finfisheries, Shellfisheries, and Enforcement;
        Division of Water Resources - Wetlands and Aquatic Protection,
        and Water Quality Management; Division of Soil and Water
        Conservation - Coastal Management Program, Non Point Source
        Program, and Conservation Districts. The Department of State's
        Division of Historical and Cultural Affairs' staff assistance is
        particularly important to the understanding of the past uses of
        the Reserve and the collaborative approach to the management of
        the DNERR.


             The fish and wildlife scientists are the first series of
        specialists that are    to move into the Education and Research
        Center. They are the first group that will be provided the
        opportunity to integrate their normal estuary management
        functions with the enhancements of the DNERR estuarine, research,
        and education programs.

                            DNERR CENTER STAFF

        Pre-designation (Development of Draft Mgmt. Plan/EIS)

             - Program Manager (85% time; 100% state funded)
             - Research Coordinator (20% time; 100% state funded)
             - Education Coordinator (20% time; 100% state funded)
             - Realty Specialist (20% time; 100% state funded)
             - Res. Prot. Specialist (20% time; 70/30 state/NOAA funded)
             - Cult. Cons. Program Manager (20% time; 100% state funded)
             - Landowner Assistant (30% time; 100% NOAA funded)




                                    51







           1st year (following plan approval)

                - Program Manager (100% time;  100% state funded)
                - Research Coordinator (30% time; 100% state funded)
                - Education Coordinator (30% time; 100% state funded)
                  Estuarine Educator (100% time; 100% NOAA funded)
                  Senior Secretary (100% time; 100% NOAA funded)
                  Realty Specialist (20% time; 100% state funded)
                  Res. Prot. Specialist (20% time; 70/30 state/NOAA funded)
                  Cult. Cons. Program Manager (20% time; 100% state funded)
                - Volunteer Coordinator (30% time; 100% state funded)
                - Folklorist (30% time; 100% Interior funded)


                   DNERR EDUCATION AND RESEARCH CENTER STAFF


           2nd year through Sth year

                  Program Manager (100% time; 100%  state funded)
                  Research Coordinator (80% time; 100% state funded)
                  Education Coordinator (60% time; 100% state funded)
                  Estuarine Educator (100% time; 100% state funded)
                  Senior Secretary (100% time; 100% state funded)
                - Realty Specialist (20% time; 100% state funded)
                - Res. Prot. Specialist (20% time; 100% state funded)
                - Cult., Cons. Program Manager (20% time; 100% state funded)
                  Landowner Assistant (30% time; 100% state funded)
                  Volunteer Coordinator (30% time; 100% state funded)
                  CMP Specialist (100% time; 100% NOAA-CMP funded)
                  F&W Scientist 111 (30% time; 100% NOAA-CMP funded)
                  Folklorist (100% Interior funded)
                  Project WILD Coordinator (100% NOAA-CMP funded)
                  Aquatic Coordinator (100% USF&W funded)
                  3 F&W Program Manager (100% state funded)
                  F&W Program Manager (50/50 state/USF&W funded)
                  3 F&W Scientist 11 (100% state funded)
                  5 F&W Scientist 11 (100% USF&W funded)
                  F&W Scientist 11 (90/10 state/USF&W funded)
                  F&W Scientist 11 (100% NOAA-CMP funded)
                  F&W Scientist 1 (100% NOAA-CMP funded)
                  F&W Scientist 1 (100% USF&W funded)
                  2 F&W Technician.(100% USF&W funded)
                  2 F&W Technician (100% state funded)
                  Boat Captain (100% state funded)
                  Secretary (50/50 state/USF&W funded)

              This position and all others that follow do not have dedicated
          time assigned specifically to DNERR projects. Rather these
          positions present every day assignments that will enhance the
          Reserve's programs, and the Reserve and the tools that it
          produces will be valuable to their projects.






                                       52









               2. Research


            Research is the foundation of the National Estuarine
       Research Reserve System. Information must be collected and made
       available to increase understanding of the processes of estuarine
       ecosystems and the effects of human activity on these processes.
       This understanding is essential for the best management of these
       important ecosystems.

            A Research Coordinator designated from the DNREC's Division
       of Fish and Wildlife will be responsible for research and
       monitoring activities for DNERR. This staff person is currently
       located at the field unit in Little Creek along with the other
       Fish and Wildlife scientists that are      to move to the DNERR
       Education and Research Center. Besides the responsibility of the
       research activities of DNERR, the Research Coordinator is
       responsible for coordinating many of the DNREC research
       activities that would relate to the goals and objectives of
       NERRS. This will enable the Research Coordinator the best
       opportunity to integrate many research agendas, maximize the use
       of the Reserve, and obtain multiple sources of funding for the
       betterment of the Middle Atlantic estuarine systems.

               3. Education/In terpretation

            The education and interpretation functions are the highest
       priority of the DNERR program initiatives. An important element
       is the dissemination of research and monitoring results, and
       their management implications, to local, state, regional, and
       national decision makers. Teaching children and adults about the
       values of estuarine ecosystems and what roles they can have
       individually and collectively to help protect these important
       resources is a major undertaking of DNERR and very timely with
       the needs of environmental education throughout the State of
       Delaware.

            An Education Coordinator will be responsible for
       coordinating educational and interpretive activities for the
       DNERR Program. This staff person will be located at the DNREC
       headquarters and will operate programs from the DNERR Education
       and Research Center when completed. With Delaware being 95%
       coastal plain it is important that a State-wide Estuarine
       Education Program be we'll developed and integrated if not fore-
       fronting the State's Environmental Education efforts. It is the
       responsibility of the Education Coordinator, using multi-sources
       of funding and leading a multi-agency team, to develop the DNERR
       Education Program that -will be regionally representative and of
       national significance to estuarine management. Specifically,
       under the guidance of the Education Coordinator, an Estuarine
       Educator will take the lead in initiating the translation and
       transfer of scientists' research and monitoring results to
       resource professionals, decision makers, estuarine users, and the
       public.



                                  53








                   4. Surveillance and Enforcement

                The DNERR Estuarine Educator -will provide additional
           surveillance to and rely on the coordinat      'ion among state,
           federal, and local agencies' regulations and authorities to be
           enforced by the applicable agency for on-site and surrounding
           areas at least to the extent of the Reserve's contributing
           watersheds. on-site DNERR staff, capital police of the Department
           of Administrative Services, Fish and Wildlife enforcement
           officers, and environmental protection officers (EP01s) will be
           responsible for surveillance and will enforce access and activity
           control according to the Management Plan for DNREC owned lands
           and to the extent authorized by land owners that have provided
           access to their properties. Current access control will continue
           by private landowners.
                The core    areas will be monitored for the greatest
           surveillance efforts and maximum enforcement allowable under the
           rights DNREC will have as the owner of core areas. DNERR staff
           will limit activities on the buffer areas that would impact the
           designated core areas in order to maintain the integrity of a
           naturally influenced estuarine system.

                DNERR staff will continue to work with the Delaware Coastal
           Management Program (DCMP) in order to improve the effectiveness
           of addressing cumulative impacts of various land use activities.
           The DCMP's policies and supporting authorities will be important
           in the enforcement of the DNERR Management Plan.

                     5. Volunteers

                The operation of many of the progr ams of the Reserve will
           be enhanced by a well structured volunteer effort. A DNREC
           Volunteer Coordinator will be responsible for the recruitment and
           assignment of volunteers to the various needs of the Reserve. The
           Reserve Manager along with the Education Coordinator, Estuarine
           Educator, and the Research Coordinator will develop the programs,
           leadership, work assignments, training, equipment, and supplies
           that the volunteers will need to enhance the DNERR's program. Two
           of the more prominent roles for volunteers will be trail guides
           and citizen monitoring through the State's established
           "Streamwatch Program".

               C. ADVISORY COMMITTEE STRUCTURE AND RESPONSIBILITIES

                   1. oversight Committee

                The DNERR Advisory Committee is structured to represent many
           of the Federal, State, county and local agencies, commissions,
           societies and organizations that may have an interest, impact or
           be impacted by the development and management of the Reserve.

                The oversight committee will meet at least annually and more
           frequently as required to represent the cooperating and affected


                                      54








        groups of the DNERR.

              The DNERR Advisory Committee for the review of the draft
        Management Plan included representation from the following:

           - Delaware Department of Natural Resources and Environmental
        Control:


              A. Office of the Secretary
              B. Division of Fish and Wildlife
              C. Division of Parks and Recreation
              D. Office of Information and Education
              E. Wetlands Branch
              F. Delaware Estuary Program, Div. of Water Resources
              G. Division of Soil and Water Conservation

           - Office of the Governor, Delaware Development Office

           - Dept. of State, Div. of Historical and Cultural Affairs

           - Delaware Dept. of Agriculture

           - Delaware Dept. of Transportation

           - Department of Public Instruction

           - NOAA Sanctuaries and Reserves Division, NERRS Program

           - County Planners

           - Conservation Districts

           - Local Federal and City Agencies
              A. Bombay Hook National Wildlife Refuge
              B. U.S. Soil Conservation Service
              C. U.S. Army Corps of Engineers, Phila. District
              D. Dover Air Force Base
              E. City of Dover Planning Office

           - Academic Community
              A. Delaware State College
              B. University of Delaware
              C. Wesley College

           - Citizen Advisory Councils
              A. Advisory Council on Game and Fish
              B. Advisory Council on Tidal Finfisheries
              C. Advisory Council on Shellfisheries
              D. Natural Areas Advisory Council

           - Conservation/Environmental Education/Outdoors/Sportsmen
                   organizations
              A. Wildlife Federation of Delaware
              B. Ducks Unlimited, Inc. (Delaware)
              C. Delaware Saltwater Sportsmen Association


                                    55






                D. Delaware Mobile Surf-Fishermen, Inc.
                E. Delaware Bass Federation
                F. Delaware Watermen's Assoc.
                G. Delaware State Trappers Assoc.
                H. Delaware Wild Lands, Inc.
                I. Delaware Nature Society
                J. Society of Natural History of Delaware
                K. Delmarva Ornithological Society
                L. Sussex Bird Club
                M. Delaware Audubon Society
                N. Delaware Sierra Club
                0. Delaware River and Bay Shoreline Committee
                P. Delaware Nature Conservancy
                Q. St. Jones River Watershed Association

             - Historical Societies
                A. New Castle Historical Society
                B. Kent County Archaeological Society
                C. Friends of Dickinson Mansion
                D. Daughters of the American Revolution
                E. Archaeological Society of Delaware
                F. Delaware Historical Society

             - DNERR Landowner Associations
                A. St. Jones DNERR
                B. Blackbird DNERR


             - DNERR Work Groups
                A. DNERR Facility
                B. Resource Plan Work Group Members

                The role of the DNERR Advisory Committee is to provide
           assistance to the DNERR program in the decisions required to
           implement the Management Plan. Assistance will be especially
          .valuable in the operations of the Reserve's programs. The
           administration of the DNERR Education and Research Center has
           been structured to accommodate as many estuarine prog rams of the
           advisory and cooperating agencies and groups that would benefit
           from co-location or shared facility resources.

                   2. scientific/Technical Advisory Committee

                The DNERR Scientific/Technical Advisory Committee will
           include representatives from various State and Federal agencies,
               the academic and scientific communities. Committee members
           will provide advice on research and technical matters relevant to
           the achievements of the DNERR Research goals and objectives. The
           committee will meet on an annual basis or more frequently at the
           call of the Research Coordinator to review research proposals and
           research needs and results for the Estuarine Reserve.

                The Scientific/Technical Advisory Committee will include at
           least eight PH.D. level scientific experts. The scientific
           experts will be selected from the following disciplines:

                - Estuarine hydrographer
                - Chemical oceanographer


                                      56







              - Geohydrologist
              - Environmental microbiologist
              - Wildlife biologist
              - Fisheries biologist
              - Plankton ecologist
              - Benthic ecologist
              - Wetlands ecologist
              - Soil scientist
              - Archaeologist

                3. Education/Interpretation Advisory Committee

              The Education/Interpretation Advisory Committee will be
         responsible for providing guidance for the implementation of a
         comprehensive estuarine education program, a long outstanding
         need in Delaware. Most of the respondents to the DNERR facility
         survey were very interested in the role that the Reserve program
         and the Education and Research Center could provide to the
         growing concern for estuary management.

              The Education/Interpretation Advisory Committee will be
         composed of at least eight members which will meet annually or
         more frequently as needed. These members will be selected from
         various environmental education interests in the State. These
         interests include:


              - State Office of Environmental Education
              - Nature education organization/center
              - Elementary level education
              - Secondary level education
              - College level education
              - Adult education
              - Cultural education
              - Applied environmental education
              - Habitat based education
              - Teacher training

                 4. Landowners Associations

              The Landowners Associations are made up of property owners
         within the two DNERR components. They have met during the site
         selection phase, resulting in the formation of the St. Jones
         Landowners Association and the Blackbird Landowners Association.
         An election was held to select officers to represent the
         component owners.

              A Landowner Assistant acted as the recording secretary at
         the DNERR Committee Meetings and then updated landowners about
         important information through correspondence and newsletters. The
         Assistant was the contact person within DNREC for the landowners
         during the planning phase and has worked through the conservation
         districts. In this way, the landowners stay abreast of important
         news concerning the DNERR program.

              The Associations have proven invaluable as the most
         effective and efficient means of communication, decision making,


                                    57







          and control from the landowners point of view, the required
          public involvement, and government needs to develop a Management
          Plan that will be supported.

               D. FEDERAL GOVERNXENT - NOAA REVIEW

               The NERRS is intended to operate as a federal/state
          partnership. Although the management of a reserve is a state's
          responsibility, NOAA cooperates with and assists the states on a
          periodic basis, and reviews state programs regularly. The purpose
          of the NOAA review is to ensure that a state is complying with
          federal NERR goals, approved work plans, and reserve management
          plans. The primary mechanisms used by NOAA to review state
          programs, as well as NOAA responsibilities pertaining to reviews,
          include the following:

               NOAA stafff in particular the program specialist for a
          state's reserve, communicates directly and regularly with state
          reserve staff. Communication builds a level of trust between
          federal and state staff, and familiarizes both NOAA and state
          personnel with reserve management procedures and policies. This
          cooperative approach is needed for a reserve to be successful.
          Both oral and written communication are necessary, and site
          visits are advisable.

               Another mechanism available to NOAA is its reserve funding
          program. NOAA provides different categories of grant funding to a
          reserve, and for each grant, quarterly progress reports and a
          final report are required. NOAA personnel carefully review the
          grant reports and associated communications to ensure compliance
         .with program policies and specific grant conditions.

               The site designation process is also a primary avenue
          through which NOAA reviews actions. A state's site nominations
          must be assessed and endorsed by NOAA prior to formally beginning
          the designation process. As part of this preliminary stage, the
          site selection and public participation process are evaluated by
          NOAA. When the DMP and DEIS have been completed they must also be
          approved by NOAA before the final versions of each document are
          written. NOAA staff have the responsibility of working with the
          state to select and designate national estuarine reserve sites.

               Pursuant to CZMA enabling legislation (Sections 312 and
          315), NOAA must conduct performance evaluations of the operation
          and management of each reserve while federal financial assistance
          continues. If deficiencies in the operation or types of research
          conducted at a reserve are found, NOAA may withdraw financial
          assistance to the reserve until remedies are in place. National
          Estuarine Research Reserve designation can be withdrawn by NOAA
          when a reserve is found to be deficient and fails to correct
          deficiencies within a reasonable time.


          National Historic Preservation Act


               Under Section 106 of the National Historic Preservation Act
          of 1966, as amended, Federal agencies are required to take into


                                     58




                               I



        account the effects of agency undertakings on historic
        properties, and to afford the Advisory Council on Historic
        Preservation (Advisory Council) a reasonable opportunity to
        comment on such undertakings.    An undertaking is any project,
        activity, or program that can result in changes in the character
        or use of historic properties.      Historic properties are any
        prehistoric or historic district, site, building, structure, or
        object included in, or eligible for inclusion in, the National
        Register of Historic Places.   Any undertaking that is under the
        direct or indirect jurisdiction of a Federal agency or licensed
        or assisted by a Federal agency is subject to the provisions of
        Section 106.

             Because NOAA is a Federal agency, any project, activity, or
        program affiliated in any way with the DNERR program is subject
        to the provisions of Section 106. The Delaware Department of
        Natural Resources and Environmental Control agrees to comply with
        all of the requirements of Section 106 of the National Historic
        Preservation Act, as amended, and all regulations and guidelines
        issued thereunder. In Delaware, Section 106 is administered by
        the Delaware State Historic Preservation office (DE SHPO).      The
        DNREC Cultural Heritage Program serves as the DNERR liaison with
        the State Historic Preservation Office. It is anticipated that a
        Programmatic Agreement between the DE SHPO, the Advisory Council,
        and NOAA will be developed to ensure the compliance of all
        aspects of the DNERR program with regulations implementing
        Section 106.





































                                   59









           X. ENVIRONMENTAL RESEARCH AND MONITORING PLAN


                Estuaries are important to the nation's economy and
           recreation, and are an integral part of the Earth's environment
           as a whole. Understanding and protecting this important resource
           has become increasingly important due to unsound land use
           practices and the rise of populations in coastal areas, which
           contribute to the degradation of estuaries. There is a need for
           management-oriented research to define management strategies
           which allow multiple land uses, but which minimize detrimental
           environmental and ecological impacts on estuaries.

                The NERRS emphasis on management-related or management-
           oriented research is provided in 15 CFR Part 921, Subpart F.

                A major priority of the         Reserve is to coordinate,
           facilitate, and conduct management -or i ented research which will
           provide information useful for local, regional and national
           coastal management decision making.     The creation of permanent
           fffield sites for management-oriented research is an important step
           toward a more comprehensive and integrated program of research,
           monitoring and management.

                The Delaware National Estuarine Research Reserve's (DNERR)
           two components will expand researchers' opportunities to perform
           long-term studies in representative ecological zones of the
           Delaware Estuary.    The' components provide the opportunity to
           observe and explain basic functions of and changes in the natural
           systems, and apply this information to other estuarine systems
           along the mid-Atlantic coast.     These areas will be managed in
           part to maintain their relatively undisturbed character to serve
           as controls to compare with other areas, and in part may be
           modified or manipulated to accommodate research needs and
           maximize their research utility.

               A. GOALS OF ENVIRONMENTAL RESEARCH AND MONITORING

                The goals of the Research Reserve's environmental research
           and monitoring program are to:

                * Establish and manage key (core) areas of the Reserve for
                  long-term use as outdoor field laboratories, maintained
                  for such purpose by the help of buffer areas.

                * Coordinate research projects with other research efforts
                  in the Delaware Estuary and Delaware's Inland Bays to
                  streamline scientific efforts, maximize efficient use of
                  resources and funds, and avoid unnecessary duplication of
                  efforts.

                * Enhance scientific understanding of estuarine ecosystem
                  processes and functions to enable better identification
                  of management issues and response options.

                * Gather and make available information needed by Reserve


                                       60







                managers and coastal decision makers for improved
                understanding and management of estuarine ecosystems.

              ï¿½ To better our understanding of ecological values and
                processes of estuaries nationwide, by comparing the
                Delaware Estuary to other estuarine areas.

              ï¿½ Identify priority natural resources, gather baseline
                information on them, and establish indicators of change.

              ï¿½ Identify priority habitat management needs, gather infor-
                mation about how to best meet the needs,, and provide
                technical guidance to implement the desired actions.

              ï¿½ Monitor the impacts* of human stresses on the estuarine
                environment and the effectiveness of pollution control
                strategies.

              ï¿½ To better our understanding of human exploitation of the
                estuarine environment through time.

              ï¿½ Identify critical habitat requirements of living natural
                resources.


              ï¿½ Evaluate land use practices and management strategies in
                terms of their impacts and effectiveness.

              ï¿½ Publication of research results.

         specific objectives to aid in achieving these goals include:

              ï¿½ Collecting and building baseline databases for use in
                long-term and interdisciplinary studies, and for
                monitoring differences over time. and for making
                comparisons with other areas.

              ï¿½ Develop an on-site library of research and reference
                materials for use by staff and other approved users.

              ï¿½ Become a repository for data collected on-site and at
                other National Estuarine Research Reserves.

              ï¿½ Promoting the Reserve's components in the research
                community as long-term field laboratories to be used
                by State or Federal agencies, academic institutions, and
                local or private environmental organizations.

              ï¿½ To involve the public by using volunteers to achieve
                research and monitoring goals.

              ï¿½ To encourage staff contributions in technical conferences
                and workshops.

              ï¿½ Developing laboratory facilities, field monitoring
                stations, and scientific equipment and gear as necessary


                                    61







                 to support the research and monitoring efforts.

                 Seeking agreements with other research organizations or
                 institutions to facilitate and augment research and
                 monitoring projects.

               B. RESEARCH TOPICS AND PRIORITIES


                  1. National Research Priorities

               In 1991-92 NOAA decided that a more. focused system of
          research priorities was-needed for the most effective use of the
          limited OCRM funds available for research.

               NOAA/OCRM research funds are primarily used to support
          management-related research that will enhance scientific
          understanding of reserve environments, provide information needed
          by reserve managers and coastal decision-makers, and improve
          public awareness of estuaries and estuarine management issues.
          Research projects may be oriented to specific reserves; however,
          projects that will benefit more than one reserve in the national
          system will be given a higher emphasis for OCRM funds than
          reserve-specific projects.

               The OCRM ten-year primary research objective is the study of
          natural and anthropogen ica 1 ly- induced change in the ecology of
          estuarine and estuarine-like ecosystems that comprise the NERRS.
          All research funded through OCRM should be designed to provide
          information of significant value to the development and
          implementation of management policy governing the U.S. coastal
          zone   for   which   OCRM    has   management    and    regulatory
          responsibilities.

               Five research priority categories will serve as foci for the
          OCRM competitive research program for two years each, over this
          ten-year period. The first of the OCRM re-focused two year
          research priorities will begin in FY93 (see Below) . Every two
          years, beginning in FY94, OCRM will review (and if necessary, re-
          evaluate) its next ten-year set of research priorities. This
          system will ensure a continuous decade-long research agenda
          which, in turn, will provide the basis for long-term research and
          monitoring in the NERRS program. This system will also facilitate
          long-term interaction with other Federal and State agencies, as
          well as the academic research community.

                   OCRM NERRS Research Priorities for FY 1993-2002

          FY 1993, 1994: Non-point Source Pollution - (non-focused or non-
          identifiable sources of pollution inputs and alterations within
          the watersheds).

          FY 1995, 1996:    Habitat Restoration - (restoration of coastal
          habitats that have been altered by anthropogenic activities
          and/or inputs).



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         FY 1997, 1998:      Alterations in Habitat Utilization by Coastal
         Biota - (exotic species, commercial species, non-commercial
         species) .

         FY 19991, 2000:  Alterations in Water Circulation, Transportation
         and Quality - (tidal exchange, fresh water diversion,
         hydrological budgets, ground water intrusion, biotic species
         transportation).

         FY 2001, 2002:    Anthropogenic Inputs and Activities - (focused
         and identifiable - i.e., dredge spoils, Hazmat, recreational
         uses, commercial uses)

              Each year's OCRM research proposals will be designated to
         answer the same standardized, management-oriented question. For
         example, in FY 1993 & 1994 the question is: "How will non-point
         source pollution affect estuarine ecosystems in terms of:

          a) functional biodiversity, b) functional ecology, c) functional
         health, d) eutrophication, and e) commercial fisheries."

              2. Special Studies

                   a. Environmental Resources

              Special environmental studies may include experimental
         research relating to natural resources, cultural resources, or
         socio-economic topics. Special studies will be approved and may
         be supported based on the research priorities of the NERRS
         Research Plan, the NERRS Monitoring Program, and site-specif ic
         management needs.      Special studies may identify and examine
         relationships between human stresses and ecological effects;
         these studies may include historical and archaeological
         perspectives on these issues.

              Studies may include manipulative experiments appropriate to
         better management of estuarine systems. The environmental effects
         of approved manipulations should be temporary or reversible and
         not substantially affect adjacent core areas.         What activities
         constitute "substantial" habitat manipulations, and what
         manipulations may be considered to be                "temporary"     or
         "reversible, 11 will have to be evaluated on a     case-by-case basis
         as they are proposed, done in consideration of     ecological impacts
         and responses and of the long-term utility of the DNERR's lands
         for the goals and objectives of the        DNERR.    Designated areas
         where major habitat manipulations may occur        will be contained
         within confined sub-watersheds of the Delaware Reserve, not
         spread over the Reserve's areas in patchy or mosaic fashion.
         Experimental habitat manipulation in the designated areas
         requires prior approval by the State, NOAA and, where applicable,
         by the Reserve property owners.           Of course, any habitat
         manipulations requiring Federal or State environmental permits
         must be granted such prior to implementing the perturbations.




                                      63









                      b. Cultural Resources

                 Cultural resources research within the     DNERR may include
           prehistoric and historic archaeological excavations, historical
           research, and folklore and oral history studies. Paleo-
           environmental research, including soil studies, geomorphological
           studies, and pollen studies, may be conducted to provide the
           environmental background for these studies. Studies conducted
           under the auspices of the DNERR program should focus on the
           relationship between the estuarine environment and the human
           groups which have exploited and changed it through time.
           Providing information to meet education goals will be a priority.

                 3. DN ERR Research Priorities

                 DNERR research priorities will be developed by a DNERR
           Scientific/Technical Advisory Committee, done in coordination
           with other DNERR advisory committees.     These priorities may be
           modified based on Reserve and site-specific management needs
           gained from initial baseline surveys and environmental
           monitoring.    The DNERR research priorities will reflect both
           NERRS National Research Priorities and more specialized regional
           or local needs.

                 Examples of more generalized research topics for initial
           consideration are listed below:

                 ï¿½ Sediment/water column nutrient fluxes
                 ï¿½ Effectiveness of agriculture BMP's
                 ï¿½ Analysis of living resource data sets
                 ï¿½ Stock assessments of exploitable species
                 ï¿½ Sublethal responses to toxins
                 ï¿½ Hydrographic studies of circulation and mixing processes
                 ï¿½ Trophic level interactions
                 ï¿½ Ground-water flow and contamination
                 ï¿½ Impacts of specific land use practices on aquatic, wetland
                   and riparian habitats
                 ï¿½ Remote sensing and delineation of wetland types and
                   boundaries
                 ï¿½ Plankton community composition and dynamics
                 ï¿½ Benthic community composition and dynamics
                 ï¿½ Non-point source pollution impacts
                 ï¿½ Habitat restoration techniques
                 ï¿½ Impacts of human population growth
                 ï¿½ Environmental history of both components
                 ï¿½ Natural community classification
                 ï¿½ Plant community composition and dynamics



                 The DNERR will identify and promote specific study Research
           Reserve topics of particular interest to coastal resource
           managers in Delaware or the middle Atlantic region.       Given the
           environmental setting of the DNERR and Delaware's coastal
           resource issues and needs, the following three areas of research


                                       64







       might be emphasized by the DNERR:

             ï¿½ Development and refinement of environmental management
               techniques necessary to restore, maintain or enhance high
               quality estuarine habitats and their living resources;

             * Development and assessment of management techniques
               necessary to limit non-point-source aquatic pollutants;

             ï¿½ Adaptive   and   non-adaptive    responses    of    biotic
               populations and communities to natural and human-created
               environmental stressors.

             Examples of special studies topics encompassed by the three
       focus areas suggested above include:

             ï¿½ Estuarine environment impacts caused by aircraft noise at
               the St. Jones component.

             ï¿½ Seaward wetlands loss and landward wetlands formation
               relative to sea level rise; impacts of sea level rise on
               primary production of wetlands emergent vegetation.

             ï¿½ Status and dynamics of the oyster bar communities in
               Delaware Bay and its tributary tidal rivers.

             ï¿½ Effectiveness of- various agricultural BMP's in reducing
               run-off of fertilizers, animal wastest sediments, and
               pesticides into estuarine waters.

             ï¿½ Effectiveness of various urban stormwater BMP's in
               reducing run-off of sediments, hydrocarbons, heavy metals,
               dissolved nutrients, and pesticides into estuarine waters,
               with emphasis on the upper St. Jones River watershed.

             ï¿½ Population dynamics and stock assessments within the
               Delaware Estuary of important estuarine aquatic species:
               weakfish, summer flounder, bluefish, striped bass, white
               perch, American shad, anadromous herrings, blue crab,
               American oyster.

             ï¿½ Vegetation composition and waterbird use of managed
               impounded marshes, with emphasis on the lower St. Jones
               River watershed.

             ï¿½ Temporal and spatial variability in the use of tidal
               creek/marsh habitats as nursery areas for finfish and
               crabs; effects of managed impounded marshes on fish
               nursery habitats, with emphasis on the lower St. Jones
               River watershed.

             ï¿½ Biology, ecology and control of Phracrmites grass, with
               emphasis on the lower Blackbird Creek watershed.




                                   65







               ï¿½ Ecological ly-sound saltmarsh mosquito control techniques,
                 examining both the abatement efficacy and non-target
                 effects of insecticides .(both chemical and bacterial),
                 source reduction (e.g. open Marsh Water Management), and
                 other control methods (e.g. introduced pathogens).

               ï¿½ Biology and control options for tabanid biting flies and
                 ceratopogonid gnats.

               ï¿½ Creation or restoration of tidal ponds in dewatered
                 marshes to enhance waterbird and aquatic habitats.

               ï¿½ Population dynamics and occurrences of horseshoe crabs,
                 and their  trophic linkage and importance for migratory
                 shorebirds, with emphasis on the Delaware Bay shoreline
                 adjacent to the mouth of the St. Jones River.

               ï¿½ Population dynamics and habitat utilization of waterbirds
                 (waterfowl, wading birds, shorebirds).

               ï¿½ Ecological structure and function of tidal freshwater
                 wetlands, with emphasis on Upper Blackbird Creek.

               ï¿½ Population dynamics and foraging ecology of muskrats.

               ï¿½ Popu lation dynamics and foraging impacts of snow geese.

               *.Development of sampling and monitoring techniques to
                 better assess water quality parameters.

               * Hydrology (surface and ground-water) and ecology of the
                 Delmarva Bays (swale freshwater-nontidal wetlands) in the
                 upper watershed of Blackbird Creek.

               * Causes and significance of shellfish bacterial contami-
                 nation and finfish PCB accumulation.

               * Development of better environmental indicators associated
                 with archaeological research.

               * Develop a better understanding of adaptation to the
                 estuarine environment by prehistoric and early historic
                 human populations.
               * Water column ecological processes in the open waters of
                 Delaware Bay (e.g. plankton community composition and
                 dynamics, inorganic nutrient cycling, turbidity impacts,
                 meso- and micro-circulation effects).

               * Causes and significance of late summer fishkill events in
                 tidal rivers and creeks; hypoxia/anoxia problems.

               * Impacts of borrow pit operations (sand and gravel mining)
                 on estuarine wetlands and waters, with emphasis on the
                 middle section of the St. Jones River corridor.



                                     66








              * Impacts of bridge and highway construction on tidal
                freshwater and brackish wetlands, with emphasis on upper
                Blackbird Creek.

              * Comparison of created and restored wetlands with natural
                ones. The relative ecological functions and values could
                be studied between the DNERR undisturbed wetlands and
                those created such as those resulting from the Wildcat
                Landfill Superfund site remediation and those restored
                such as the Route 113 bridge wetland restoration effort.

              * Impacts of vertical and lateral leaching of pollutants
                from abandoned landfills, with emphasis on the middle
                section of the St. Jones River corridor.

              * Eutrophication problems and corrective actions in
                headwater millponds, with emphasis on the upper St. Jones
                River watershed.

              * Management and recovery of rare species.

              * Impacts of the development of commercial fishing and
                hunting in the 19th century on aquatic species
                populations.

              * Impacts of cultivation beginning ca. 1670, on wetland
                quality.

              * Impacts of major environmental episodes on floral and
                faunal composition of estuarine settings.

              * Impacts of environmental change on human patterns of
                exploitation of estuaries.

              It is anticipated that the DNERR Research Program will be of
         most help in addressing coastal issues which need more technical
         information that is best obtained via scientific methodology
         (e.g. controlled testing of alternative hypotheses); or via
         descriptive survey, particularly if the issues require inventory
         of biotic populations or assessments of ecological systems or
         environmental processes.

         Research Values of the St. Jones Component

              The Lower St. Jones River estuary offers several attractive
         features for estuarine research, primarily because of its
         accessibility and the juxtapositioning of an urbanized, developed
         upper watershed with an agrarian, relatively undisturbed
         downstream component.

              Being adjacent to Intensively managed State Wildlife Areas
         offers opportunities to develop and evaluate habitat enhancement
         or restoration methods. It is probable that most of the habitat
         management manipulations would occur on the proactively-managed


                                    67







           Wildlife Areas, with much of the      DNERR component serving a
           control function.   However, carefully planned and sited habitat
           manipulations would still occur in the      DNERR component on a
           limited scale for research purposes. It is anticipated that the
           primary habitat management research topics (on-site or off-site)
           would focus on the restoration and management of impounded
           marshes for multiple resource objectives; on mosquito abatement
           practices; on phragmites control; on management of waterfowl,
           migratory shorebirds,. and upland game species; on muskrat
           management and furbearer harvest; on management for endangered or
           rare species; and on the effects of sea-.level rise on emergent
           wetlands. Basic ecological studies on the structure and function
           of mesohaline-polyhaline emergent wetlands could be an important
           component of the research program.

                Studies on commercial fisheries for blue crabs, oysters,
           shad, white perch, weakfish, striped bass, and eels could be
           conducted in the adjacent open waters of Delaware Bay and in the
           lower end of the St. Jones River.     Since June, 1988, a health
           advisory for human consumption of fish caught in the St. Jones
           River has been in effect because of PCB contamination in sampled
           fish tissues (no sediment samples taken from the St. Jones River
           contained PCB's above a detection limit of 40 ppb) .    Since the
           source of this PCB is a mystery, it will be a priority to DNERR
           researchers.

                The close proximity of the Reserve component to the major
           oyster beds of Delaware Bay should make an ideal location for
           study of this important benthic community type.       The primary
           natural oyster seed beds of Delaware Bay are 10-20 miles north of
           the mouth of the St. Jones River, while Delaware's leased oyster
           grounds lie offshore only 2-10 miles north from the River's
           mouth. Boat access to the open Bay could come from a state-owned
           dock and ramp at the mouth of the Mahon River (about 8 miles
           north of the Reserve), or from a state-owned ramp and commercial
           dock facilities at the mouth of the Murderkill River in Bowers
           Beach, only 1/2-mile south of the mouth of the St. Jones River.
           There is also a state-owned small boat ramp and parking area on
           the St. Jones River itself, within the Reserve boundaries about
           1/4-mile west of Rt. 113 at Barkers Landing.      In addition to
           studies of the Delaware Bay oyster beds, research on the oyster
           bar community within the most seaward mile of the lower St. Jones
           River warrants effort, since its decline and degradation mirrors
           what has happened to the oyster communities at the mouths of
           almost all tidal rivers and creeks emptying into Delaware Bay,
           from north of Woodland Beach south to the Broadkill River near
           Lewes. At present, high bacteria levels keep all of these river-
           or creek-mouth oysters off-limits for human consumption, and most
           of the beds do not have high enough densities for commercial
           harvesting even if consumption was permissible.

                An important research program for Delaware that may be
           housed at the Lower St. Jones River DNERR component is the
           assessment of the control efficacy and non-target impacts of
           mosquito control insecticides, either developmental or


                                      68







         operational.    Such a program would involve "micro-marsh"
         controlled breeding habitats and hand-application of products,
         with the research done in conjunction with other agencies and the
         product manufacturers. Additionally, research projects directed
         at the mass culture of larvivorous fishes such as Gambusia, or
         studies of other mosquito control biological agents such as
         bacteria, fungi or nematodes, would be encouraged.

             Research opportunities in the lower St. Jones River basin
         also exist to assess the impacts of farming practices on the
         estuary, particularly in terms of non-point source run-off of
         nutrients, sediments and pesticides, going either into the
         headwaters of tidal tributaries or into the upper wetlands
         fringes. New or innovative farm management practices designed to
         lessen these problems could be implemented and evaluated.

             Because of the rich historical and cultural database already
         existing for the Lower St. Jones River, the component will lend
         itself to analyses of estuarine impacts or uses associated with
         many of man's past activities.

             With the upper end of the St. Jones River watershed heavily
         developed by the growing city of Dover, there are excellent
         opportunities along about a 5-mile segment of the River, just
         upstream from the Reserve's western boundary, to examine the
         impacts of urbanization on the estuary. Research emphasis could
         be given to the impacts of commercial and residential development
         on non-point source pollution into the headwater tributaries and
         upper wetlands fringes, particularly from stormwater run-off; on
         point-source discharge impacts from industry, consisting of a
         power plant and two manufacturers who do permitted discharging;
         on aesthetic and associated problems from trash dumping into the
         wetlands IF particularly of old tires and appliances; on
         groundwater and estuarine surface water pollution problems
         associated with vertical and lateral leaching from an abandoned
         landfill (the Wildcat Landfill, a Superfund clean-up site); on
         the impacts of sand-and-gravel excavation operations occurring in
         adjacent uplands; etc.  A f ederal EPA grant to implement a non-
         point source sediment-and-pollution control plan for the
         headwater areas above Silver Lake in Dover could be of interest
         for DNERR monitoring.     Silver Lake itself has troublesome
         problems with bacteria levels, nutrients, and algal blooms.

             There may also be an opportunity to do aquaculture research,
         since the sand-and-gravel excavation business has just initiated
         an effort to culture hybrid striped bass in some of the company's
         abandoned borrow pits.

             A major asset to the     DNERR research program will be the
         establishment of support facilities on the Reserve component that
         will house the working offices and laboratories of DNREC
         professional technical staff.        Key field-oriented staff
         professionals from the Divisions of Fish and Wildlife, Parks and
         Recreation, Soil and Water Conservation, and Water Resources may
         have their operational base housed in the Reserve's new support


                                    69







           facilities, and as such could easily become directly involved,
           for a portion of their time, in the DNERR research programs for a
           wide range of activities (e.g. planning, survey, monitoring,
           assessment, evaluation, analyses, etc.).             Additionally,
           administrative or technical staff from the Kent Conservation
           District might also be interested in locating on the Reserve.
           The potential influx and close association of operational
           technical personnel with the day-to-day research activities of
           the Reserve should greatly strengthen the quality, quantity and
           applicability of the research performed by or through the DNERR
           program.

           Research Values of the Blackbird Creek

               The diversity of estuarine habitats found in Upper Blackbird
           Creek, and how they differ from those found at the Lower St.
           Jones River component, are major attributes for environmental
           researchers.   Some of the least understood estuarine zones, in
           terms of their ecological structure and function, are brackish
           and tidal freshwater marshes. The interconnectiveness of upland
           and marine environments starts in these zones, so a better
           comprehension of oligohaline-limnetic systems should yield
           benefits to our overall understanding of estuarine ecosystems.
           The   Upper Blackbird Creek component provides outstanding
           examples of these transitional habitats.

               other research opportunities within or near the Upper
           Blackbird Creek component include studies of agricultural
           practices in terms of their effects on estuarine biota or
           processes, and studies in land-use planning in terms of
           contending with burgeoning residential development. In the most
           seaward portion of the     'Reserve, and then for several miles
           downstream of this area, there are some of the State's most dense
           and extensive phragmites stands, providing substantial
           opportunities for basic and applied research studies of this
           problem species. The proximity to complexes of swaled freshwater
           wetlands, the Delmarva Bays, should be of interest to
           hydrologists, botanists and herpetologists.

               The Upper Blackbird component also provides opportunities
           for archaeological and historic research. The Blackbird drainage
           is north of the prehistoric range of oyster. and provide a
           significantly different environmental setting for human groups.

               Historical research for the Appoquinimink drainage, just
           north of the Blackbird component indicates significant impacts
           from cultivation- induced siltation within 20 years of first
           European settlement.

               At the present time, research support facilities at the
           Upper Blackbird Creek component are not being considered
           (although a modest e    'ducational/visitor facility might be
           developed).   Because of the proximity to the Lower St. Jones
           River component's proposed facilities center (about a 35-minute
           drive), researchers would commute and use the Upper Blackbird


                                      70







        Creek component primarily as a f ield laboratory.      Hydrographic
        monitoring stations might be established in the lower and upper
        portions , of the component's main channel, consisting of
        continuously-recording tide gauges to monitor water heights,
        continuous ly-recording instruments for salinity and temperature,
        and rain gauges.    of course, similar hydrographic monitoring
        stations would be established for the Lower St. Jones River.
        Research support need that must be developed for Upper Blackbird
        Creek is an access site(s) for motorized small boats.

             C. DNERR POLICIES AND PROCEDURES FOR RESEARCH

             Research at the DNtRR will investigate the natural processes
        of the estuarine system and human impacts on these processes.
        One of the highest priorities is to coordinate, facilitate and
        conduct research to provide useful information for coastal
        management decision-making.

             The   DNERR program makes both components available to
        researchers as long-term field laboratories which are especially
        suitable for studying estuarine problems.

             The DNERR program offers:

             ï¿½ Long-term opportunity for temporal and spatial sampling in
               wetland, upland, and open water estuarine habitats.

             ï¿½ Greater opportunity for use of observational and
               analytical techniques in protected or controlled estuarine
               subsystems.

             ï¿½ The chance for long-term accumulation of comparative data
               at the Reserve components.

             Through State ownership or long-term agreements with each
        component's property owners, the State has the opportunity to
        encourage and support certain research projects in these
        estuarine systems.

             To assist new researchers at the Reserve, information
        packets will be available from the Reserve research coordinator.
        These packets will contain background information pertaining to
        each component and an area map, designating the reserve
        boundaries.  New researchers will also be given a "tour" of the
        reserve area to gain familiarity with the research surroundings
        and general location.

             Research, monitoring and education projects will receive
        high priority within the reserve boundaries. Traditional uses of
        public areas will continue as regulated under federal, state, or
        local authority. Reserve. managers are responsible for carefully
        balancing uses of the reserve to ensure that the objectives of
        the reserve program are protected and sustained.




                                    71







                Research opportunities are available to any qualified
           scientist, faculty member, undergraduate, or graduate student
           affiliated with any college, university or school; non-profit,
           non-academic research institution (e.g. research laboratory,
           independent museum, professional society); private profit
           organization; or state, local or federal government agency.
           These opportunities are also available to any individual who has
           the resources and capabilities needed to perform the work
           required.

                Research opportunities will be available to all applicants
           without regard to manner of funding.    Financial support may be
           available for research if the results are directly applicable to
           improved coastal zone management. Support may come through
           Delaware's Department of Natural Resources and Environmental
           Control, the NOAA Office of ocean and Coastal Resource
           Management, NOAA Sea Grant, the National Park Service Historic
           Preservation Fund, the Environmental Protection Agency, and other
           sources. Researchers not seeking financial support may apply to
           do research at any time.    Researchers seeking financial support
           from NOAA must follow NOAA's research and monitoring time table.

                All research proposals are evaluated by the reserve manager
           and the research coordinator for consistency with DNERR goals and
           to ensure that the proposed research will not unduly interfere
           with other research or activities at the reserve.         A DNERR
           Scientific/Technical Advisory Committee (STAC) will be formed to
           provide advisory input to the reserve manager and research
           coordinator concerning the importance, suitability, and
           practicality of all research proposals proposed for the DNERR.
           The STAC will consist of personnel from the DNERR, other State
           agencies and programs, Federal agencies, and academic research
           institutions. Projects will be selected based on their importance
           to coastal zone management issues, scientific/ educational merit,
           and technical approach.      other project selection criteria
           include:    the environmental consequences of the project;
           immediacy of need; and the proposed project's relationship to
           other available information and studies. Under the Delaware
           Antiquities Act, archaeological research on the Reserve must also
           be approved by the Director of the Division of Historical and
           Cultural Affairs.

                Each proposal will be reviewed to determine whether the
           project constitutes an undertaking as defined in regulations
           implementing section 106 of the National Historic Preservation
           Act of 1966, as amended. Any project that is determined to
           constitute. an undertaking will also be reviewed by the Delaware
           State Historic Preservation office under the provisions of that
           Act.


                     1. Procedures for NOAA-Funded DNERR Research

                Proposals which call for NOAA funding will be evaluated by
           NOAA using established guidelines.   These guidelines are in the
           NERRS' yearly "Announcement of opportunities for Research Funding


                                      72







       in the National Estuarine Research Reserve System", which
       includes guidance for proposal preparation and submission, plus
       details of proposal review and evaluation, which identifies a
       peer review process.     Proposals for NOAA-funded research to be
       done in association with the DNERR will also be evaluated by the
       DNERR Scientific/Technical Advisory Committee for advisory
       comments about a proposal's importance, suitability, and
       practicality.     In order to qualify for NOAA funding, DNERR
       research proposals must address the given NERRS National Research
       Priority and fulfill the requirement of the appropriate Request
       for Proposals. NOAA funds are awarded on a competitive basis and
       proposals will be competing with other research proposals in
       reserves throughout the National Estuarine Reserve Research
       System.

            The DNERR research coordinator is responsible for
       coordinating all research and monitoring activities for the
       Reserve.   To facilitate this, NOAA will maintain close contact
       with the DNERR research coordinator and will keep him or her
       informed of the progress of NOAA-funded researchers.      NOAA will
       send copies of any required progress reports, the final report,
       and any other research information which they receive to the
       DNERR in a timely manner. The DNERR will keep two copies of the
       final report at the DNERR central repository and the research
       coordinator will keep- the third copy.         The DNERR research
       coordinator will maintain regular communication with the NOAA-
       funded researchers themselves.          He or she will aid in
       coordinating research activities in the reserve and, when
       possible, will aid in fulfilling the needs of the researchers.

            To achieve the NERRS goals of 1) "making available
       information necessary for improved understanding and management
       of estuarine areas" and 2) "enhancing public awareness and
       understanding of the estuarine environment", 15 CPR Section
       921.1, NOAA-funded researchers may be requested to provide a
       presentation on their research findings at the Reserve facility,
       the DNREC Building in Dover, or other appropriate location.

                  2. Procedures for State-funded DNERR Research

            All proposals which do not target NOAA funding will be
       evaluated by the Scientific/Technical Advisory Committee.
       specific procedures will be developed, and it is envisioned that
       desirable features of the review process already existing for
       NOAA funding will be incorporated into the STAC's procedures for
       evaluating proposals that might be funded by State money or other
       non-NOAA funds.       The DNERR Scientific/Technical Advisory
       Committee will help determine appropriate research topics and
       protocols. Committee members will lend expertise to specific
       projects and advise research programs on such matters as quality
       assurance.  * Research proposals that focus primarily on site-
       specific topics and do not rely on NOAA funding.do not need to be
       approved by NOAA as long as they are consistent with identified
       DNERR research needs, but a courtesy copy of these proposals will
       also be sent to NOAA. Coordinated and streamlined procedures for


                                   73







            the review and approval of research proposals and permits will be
            established.

                 The DNERR requires that researchers provide the research
            coordinator with timely progress reports, three copies of the
            final report, and an abstract and one copy of any journal
            publications resulting from any state-funded research at the
            Reserve. . The final report will include:          an abstract; a
            literature review; methods; analyses; results; and a conclusion.
            It will include a summary of the gathered data and a list of the
            analyses completed. The DNERR will keep two copies of the final
            report at the DNERR central repository and the research
            coordinator will keep the third copy.      In addition to a f inal
            report, the researcher will keep the research coordinator updated
            on the progress of the project by means of timely written
            progress reports.     Records, data, reports, publications, and
            other relevant materials will be kept at the DNERR central
            repository. Research information will also be forwarded to NOAA,
            which will  act as a central clearinghouse and the center of the
            information network of the NERR System.

                 After completion of the final report, a presentation may be
            developed   by the researcher at request of the research
            coordinator to provide information on the project findings. This
            presentation will be given at the DNERR facility or other
            appropriate location at a time negotiated by the research
            coordinator and the researcher. These presentations will help to
            achieve the goal of the Reserve to provide information necessary
            for improved understanding and management of estuarine systems to
            coastal decision makers and the public.

                       3.  Procedures for DNERR Research (funded by sources
                                 other than NOAA or the State)

                 The DNERR research coordinator will negotiate reporting and
            presentation requirements for research funded by sources other
            than NOAA or the State of Delaware with the reserve manager, the
            researcher and the funding source. For example, researchers who
            must provide progress reports to their funding agency may be
            asked to submit copies of those reports to the DNERR research
            coordinator. Similar to NOAA or State-funded research proposals,
            advisory input about the importance, suitability, and
            practicality of a research proposal for the DNERR will be
            solicited from the DNERR Scientific/Technical Advisory Committee.



                 D. MONITORING PROGRAM

                      1. NOAA Phased-Monitoring Program

                 In 1989, NOAA initiated a phased-monitoring program to
            assist reserves in developing a better understanding of their
            estuarine resources.

                   Phase If Environmental Characterization, which involves


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               literature review and/or f ield research to acquire all
               available information on hydrology, geology, water
               chemistry, water quality, biological resources, cultural
               resources, and the problems and issues confronting the
               reserve environment.

             - Phase II, Site Profile, which involves a synthesis of
               information gathered in Phase I to provide an overall
               picture of the Reserve in terms of its resources, issues,
               management constraints, and research needs;

             - Phase III, Procedures and Requirements, wh    'ich involves
               identifying parameters to be measured, procedures to be
               used (criteria for measurements, quality control, and
               standard procedures where they already exist) , sampling
               strategy for selected parameters (spatial and temporal
               intervals), storage and retrieval of data (reporting,
               formatting and analytical requirements), manpower
               requirements, logistics, and cost; and

             - Phase IV, Implementation, which involves, first, pilot
               projects and upon successful evaluation, full-scale
               monitoring of selected parameters.

             The DNERR phased-monitoring program will be integrated where
        appropriate and beneficial with other environmental monitoring
        programs conducted by the State, f ederal agencies, and private
        organizations.  The DNERR phased-monitoring program will follow
        NOAA guidelines for its development and implementation.

             The reserve research coordinator will work to incorporate
        the following into all monitoring programs:

             - hypothesis testing
             - relationship to management issues
             - quality assurance/quality control
             - means of determining program effectiveness
             - periodic review
             - data management and analysis
             - publication of data

                  2. Recruitment for DNERR Research Programs

             Recruitment of researchers is important to building the
        DNERR data base and to establishing the components as long-term
        natural field laboratories.   Recruitment of researchers with an
        established interest and capability will be one of the functions
        of the research coordinator. Recruitment strategies include:

             * Coordination through scientific/technical advisory
               committees.

             * Participation o  .f DNERR staff in research symposia,
               conferences and workshops.



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                 ï¿½ Intern programs f or graduate students       or upper-class
                   college students, funded by Federal, State or other
                   sources.


                 ï¿½ Annual announcements of research opportunities and NOAA
                   research funds through NOAA's Sanctuaries and Reserve
                   Division.

                 ï¿½ Other research and  monitoring funding.

                       3. Off-Reserve  Research Projects

                 While it is expected that much of the      DNERR research will
            occur on the Reserve's. two components, it     is also anticipated
            that substantial research efforts associated    with the DNERR will
            occur outside the Reserve's boundaries. It is probable that many
            of the off-reserve studies will occur in close proximity to      the
            components (e.g. in the nearby open waters of Delaware Bay, in
            the State Wildlife Areas along the lower St. Jones River, in     the
            urbanized upper watershed of the St. Jones River, in             the
            phragmites-dominated tidal wetlands of lower Blackbird Creek, in
            the Delmarva Bay freshwater wetlands in the upper watershed of
            Blackbird Creek).      However, research studies supported or
            assisted by the DNERR may also occur somewhat distant from       the
            components.     In particular, research associated with          the
            environmental problems of Delaware's Inland Bays (i.e. Rehoboth,
            Indian River, and Little Assawoman Bays) would be encouraged
           ,.under DNERR auspices. While the extensive Delaware Bay system is
            an excellent representative of a drowned river, coastal plain
            estuary along the mid-Atlantic Coast, having expansive fringing
            wetlands and subestuaries, it is not characteristic of lagoon or
            bar-built estuaries which are also common in the middle Atlantic
            region.   Delaware's Inland Bays are representative of lagoon or
            bar-built estuaries, and research attention paid to these systems
            would give the DNERR an active role in examining all of the
            middle Atlantic region's major estuarine habitat types.          The
            environmentally stressed nature of Delaware's Inland Bays could
            be compared to similar but less degraded lagoon-type estuaries
            further south, from Chincoteague Bay southward behind the chain
            of the Eastern Shore barrier islands of Virginia. Additionally,
            it is anticipated that cooperative wetlands studies with the
            University of Delaware's College of Marine Studies would involve
            DNERR efforts in the Great Marsh near Lewes.


                      4. coordination of Research Efforts

                 A major research benefit offered by the Reserve is the
            potential for coordination of research efforts.         The Reserve
            offers permanent places where various research institutions can
            coordinate their projects-and compare results to complement one
            another's work.   Data will be compiled, assembled, and analyzed,
            and will be made available in the appropriate form, for use by
            other researchers, coastal managers and the public.          Research
            coordination reduces unnecessary duplication and effectively
            decreases the cost of publicly-supported research.


                                        76







                       a. Coordination Between DNERR Components

             The research coordinator will coordinate the research
        between the two DNERR components, with assistance from the
        advisory committees and NOAA.

                       b. Coordination with the NERR System

             The DNERR works closely with NOAA staff, especially their
        research coordinator, to develop and assess National Research
        Priorities.   NOAA is also involved with the Reserve through
        research funding and, proposal evaluation.           The research
        coordinator will communicate with other estuarine research
        coordinators in other states, particularly mid-Atlantic states,
        and will work with NOAA and other research coordinators to
        establish a national information exchange network.

             Data from the DNERR contributes to the national network
        long-term study to monitor the status and trends of estuarine
        ecosystems.   Data from the National Estuarine Research Reserve
        System makes a substantial contribution to the understanding of
        long-term ecological effects on estuaries and are useful in
        predictive trend analysis of ecological stresses.                The
        coordinated research network aids greatly in understanding the
        theoretical and practical aspects of conservation and coastal
        resources management.

                       C. Coordination With other Coastal/Estuarine
                                 Research Programs

         (rederal and State agencies, academic institutions, and private
        organizations)

             Reserve staff will also assist in the coordination at the
        State level of NOAA,1s federal coastal and estuarine research
        programs, such as the Coastal Oceans Office; the Status and
        Trends Program; the Coastal Zone Management Program; and the
        National Sea Grant Program.     How this coordination will occur
        will depend upon future needs and guidance from NOAA.       Research
        coordination with non-NOAA agencies, Federal or State, will be
        undertaken to ensure that research is not being unnecessarily
        replicated by the DNERR, and to see if any research is being
        performed on those topics that are identified as high priority by
        the DNERR.    It will be very important to coordinate DNERR
        research efforts with the U.S. Environmental Protection Agency's
        two National Estuary Programs in Delaware (the Delaware Estuary
        Program and the Inland Bays Estuary Program), for both
        development and implementation of each program"s Comprehensive
        Conservation and Management Plans. Other federal agency programs
        with which coordination is highly desirable include the U.S. Fish
        and Wildlife Service's new environmental outreach program,
        located at Bombay Hook National Wildlife Refuge, and the
        Service's efforts to implement the North American Waterfowl
        Management Plan, achieved in part via the Private Lands


                                    77







            Initiative; the U.S. Soil Conservation Service's office in Dover,
            particularly f or studies of non-point. source pollution control
            methods; and the U.S. Geological Survey's office in Dover,
            particularly for hydrological studies. of surface and ground
            waters.    Coordination of research interests might also be
            appropriate for some fisheries topics between DNERR and the Mid-
            Atlantic Fishery Management Council (headquartered in Dover) for
            offshore federal waters, and also with the'Atlantic State Marine
            Fisheries Commission for inshore state waters.


                 It will also be critical to coordinate research interests
            and efforts between State agencies.     Within the Delaware DNREC,
            all five Divisions have various interests in applied estuarine
            research:   the Divisions of Fish and Wildlife; Soil and Water
            Conservation; Parks and Recreation; Water Resources; and Air and
            Waste Management.     In particular, coordination of research
            between the DNERR and the Delaware Coastal Management Program
            should be emphasized ' and activities within the DNERR should be
            consistent with the DC.MP. Coordination of research will also
            involve other State agencies:     the Department of Agriculture's
            Forestry Section; the Division of Historical and Cultural
            Affairs' Bureau of Archaeology and Historic Preservation; and the
            Division of Highways.     The Delaware River Basin Commission, a
            quad-state independent agency (DE, NJ, PA, NY), also sponsors
            applied research in the Delaware Estuary; coordination between
            the DNERR and the DRBC should yield mutual benefits.

                 of primary importance for research coordination is
            interaction between the DNERR and nearby academic research
            institutions.     In particular, research efforts should be
            coordinated between the DNERR and the University of Delaware's
            College of Marine Studies, from both its Lewes and Newark
            facilities with special attention to interactions with the
            Delaware Sea Grant College Program.    Other research coordination
            of special interest between the DNERR and the University would
            involve the College of Agriculture (Departments of Entomology and
            Applied Ecology; Agricultural Engineering; and Plant and Soil
            Sciences), the School of Life and Health Sciences, the College of
            Arts and Sciences (Dept. of Anthropology Center for
            Archaeological research), and the College of Urban Affairs
            (Center for Historic Architecture and Engineering).         Research
            coordination between the DNERR and Delaware State College in
            Dover would focus on the College's Department of Agriculture and
            Natural Resources and the Department of Biology.            Research
            coordination with the Cooperative Extension   Services at both the
            University of Delaware and Delaware           State College for
            agricultural topics would be beneficial.        Interactions with
            Wesley College in Dover would be through their undergraduate
            Environmental Sciences Program.       On the  New Jersey side of
            Delaware Bay, Rutgers University operates its Shellfish Research
            Laboratory in Bivalve, making for probable mutual interests
            between the DNERR and Rutgers University.

                 The last area necessitating DNERR research coordination is
            with private environmental organizations that perform either


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         independent or cooperative environmental research. Some of these
         organizations may also be able to provide volunteers to the DNERR
         to help with research projects or environmental monitoring.
         Examples of private organizations who perf orm. various kinds and
         levels of environmental research include the Delaware Nature
         Society (e.g. the Stream Watch Program); the Nature Conservancy,
         particularly f or plant and animal inventories; Ducks Unlimited,
         supporting studies of waterfowl populations and their habitats;
         the National Audubon Society and its local chapters, plus the
         Delmarva Ornithological society, for avian                  population
         assessments; the member organizations of the Western Hemisphere
         Migratory Shorebird Reserve Network; marine conservation
         organizations such as the Atlantic Coast Conservation Association
         and the American Littoral Society; the Archaeological Society of
         Delaware; and the Friends of John Dickinson mansion. These are
         but a few examples of private environmental organizations where
         coordination of applied research with the DNERR may be mutually
         beneficial.

              Finally, the DNERR Scienti f ic/ Technical Advisory Committee
         members should promote the DNERR components as research
         facilities, and act as liaisons between the Reserve and agencies
         in coordinating research and monitoring efforts.

                    5. Information Dissemination

              Information gathered in DNERR research and monitoring and
         the management implications of this information will be made
         available to decision makers and the public in understandable
         forms.

              Both NOAA and the DNERR will encourage the dissemination of
         research results. Methods include:

              -  Journal articles in the peer-reviewed literature;
              -  Presentations at professional societies; and
              - special symposia arranged by NOAA or reserves, often in
                 association with other meetings such as the biennial
                 meetings of the Estuarine Research Federation or Coastal
                 Zone Managers. ,

              In addition to NOAA information dissemination routes, the
         DNERR will utilize several other avenues of information exchange
         including:

              -  Summary of research at Reserve;
              -  Workshops, conferences and teach-ins at Reserve;
              -  DNERR brochure, distributed      with the annual call for
                 proposals at appropriate conferences and other events;
              -  Press releases to local media;
              -  Articles in journals of local organizations;
              -  Direct mailings to State and local decision makers;
              -  Regular contact with representatives of other state and
                 Federal agencies, local government agencies, and planning
                 boards.



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            XI. RESOURCE PROTECTION PLAN

                 Along with research and education, resource protection is a
            major component of the      DNERR.   Estuaries are among the most
            biologically productive systems on Earth. The productivity and
            integrity of the Research Reserve's resources must be protected
            in order to provide a' stable environment for research and
            education programs which are used to address coastal management
            issues.


                 A. GOALS


                 The goals  of the Research Reserve's resource protection plan
            are to:

                 ï¿½ Protect  significant natural estuarine sites for research
                    education and interpretation programs.

                 * Protect the habitats of f auna and f lora as an integral
                   part of the natural system.

                 ï¿½ Protect the Reserve       from unduly disruptive activities
                   occurring inside and outside of its boundaries.

                 ï¿½ Protect cultural resources which contribute to an
                   understanding of human interactions with the estuarine
                   system.

            Specific objectives to aid in achieving these goals include:

                 ï¿½ Acquiring and protecting key land and water areas
                   identified in the site selectionprocess.

                 ï¿½ Controlling access to the Reserve to minimize adverse
                   impacts on critical natural and cultural resources.

                 ï¿½ Aiding in enforcement of permitted uses of the site.

                 ï¿½ Being knowledgeable of and involved with land use issues
                   in the vicinities of the Reserve that could impact it.

                 ï¿½ Coordinating with neighboring property owners and local,
                   state, and federal agencies in order to maintain a proper
                   buffer to the Reserve's core areas.

                 ï¿½ Coordinating research and education programs to minimize
                   adverse impacts on critical natural and cultural resources.

                 ï¿½ Providing foradequate public participation and use of the
                   Reserve to inform and educate them as to the need to
                   protect sensitive resources.





                                         80









              B. GENERAL POLICIES

              Resource protection relies on the coordinated efforts of the
         research and education programs and Management Plan policies. It
         also relies on a number of existing federal, State and local laws
         and regulations, plus Reserve and property owner policies,
         enforced by Reserve staff and property owners.    It is also the
         responsibility of Reserve staff to be knowledgeable of and
         involved with land use issues in the vicinity of the components
         that could impact the Reserve.

              NERRS regulations allow for multiple uses of reserves to the
         degree compatible with each reserve's management plan and
         consistent with the mission and goals of the NERRS.    The DNERR
         Management Plan focuses on maintaining areas as field
         laboratories and on developing a coordinated program of research
         and education.

              Public access is encouraged on those parts of the Reserve
         that are publicly owned or that have received private landowner
         permission, as long as it is not to the detriment of the resource
         or does not interfere with approved research. Public access may
         be restricted in key resource protection areas. Future research
         directed at identifying resources of concern (i.e. federal or
         state rare species, significant natural communities, critical
         cultural resources) will help delineate these protection areas as
         well as direct research, education programs and overall Reserve
         management. The Reserve manager will develop access policies and
         coordinate enforcement of regulations that will help maintain
         natural conditions and preserve cultural resources.

              Traditional use activities (hunting, fishing, trapping) in
         the  DNERR may continue up to levels currently permitted under
         local and State laws, or under regulations in place with property
         owners, as long as these uses do not unduly conflict with
         research or educational concerns and the harvests conform to
         legal practices and limits. Potential conflicts can best be
         avoided by coordination and reasonable compromise.   Care should
         be given to managing the impacts of traditional use activities
         occurring in rare species habitats or in unique biotic
         communities. These activities are permitted only in designated
         areas.


              All projects carried out in the Reserve for which
         standardized, authorized Best Management Practices have been
         developed will follow such BMP's to avoid degradation of the
         natural environment and of cultural resources.   Any activity on
         State-owned land or private land done under cooperative
         agreements will adhere to a conservation plan acceptable to all
         cooperators. Resource protection will typically be addressed by
         restricting certain land use activities, for example, sand and
         gravel operations will not be permitted on DNREC controlled lands
         within the Reserve. Erosion and sediment control and stormwater
         management plans will be carried out to enhance water quality and
         quantity by limiting sediment, toxics, chemicals, and waste oil


                                    81







           runoff.    The use of insecticides, herbicides, and other toxic
           substances when necessary will be carefully planned and their
           application will follow all required or appropriate procedures.
           Pesticides with rapid breakdown and negligible effects on the
           environment could be used when necessary with prior coordination
           with or approval of the Reserve manager.

                DNERR staff will encourage any activities outside of and
           adjacent to the Reserve to be compatible with resource protection
           and conservation. Activities such as development, infrastructure
           concerns and any land disturbing action that occurs upstream from
           the Reserve or any of its tributaries will be monitored.

                The planning of any construction or substantial site
           manipulation will inclu  'de a heritage inventory survey for rare
           species and significant natural communities and a cultural
           resources survey.     If critical resources are identified this
           information will be noted in the appropriate databases and plans
           may be altered as necessary to minimize adverse impacts.

                Research proposals and education programs will undergo a
           review by appropriate agency, Advisory Committee or Reserve staff
           for their impacts on resource protection. The type and scope of
           project will be weighed against the need to maintain critical
           natural and cultural resources.

                Research is a key use of the Reserve and is given a high
           priority in the management plan.        interference with research
           activities can disrupt the ability to achieve effective long-term
           management of the estuarine systems. Reserve staff will monitor
           research sites and will post signs identifying these sites. With
           the exception of samples taken for approved research and
           education programs, and fish and game taken from designated
           fishing, hunting, or trapping areas, nothing may be removed
           without prior approval of the Reserve manager. Plants, animals,
           minerals, cultural resources, or any parts of these must remain
           to protect the integrity of these key areas.

                Because the DNERR falls under a number of different and
           sometimes overlapping jurisdictions of local, State and federal
           agencies, coordination and cooperation among all authorities is
           essential.    Some of the State and local regulations directly
           affecting the Reserve are described below. The Reserve staff will
           coordinate activities with the appropriate regulatory agencies
           and other resource protection efforts.      A clearinghouse will be
           created to help the Reserve coordinate with other agencies which
           propose projects potentially impacting the Reserve.



                C. LAWS AFFECTING RESOURCE PROTECTION IN THE DNERR

                The following laws and regulations affect activities that
           may be carried out in and around the Reserve's watershed.



                                        82










         TIDAL WETLANDS

              Tidal wetlands in Delaware are protected by the State
         Wetlands Act of 1973 (7 Del. C. Chapter 66). The Act covers all
         "wetlands" defined as:

              "Those lands above the mean low water elevation including
         any bank, marsh, swamp, meadow, flat or other low land subject to
         tidal action in the State along the Delaware Bay and Delaware
         River, Indian River Bay, Rehoboth Bay, Little and Big Assawoman
         Bays, the coastal inland waterways, or along any inlet, estuary
         or tributary waterway or any portion thereof, including those
         areas which are now or in this century have been connected to
         tidal waters, whose surface is at or below an elevation of 2 feet
         above local mean high water, and upon which may grow or is
         capable of growing any but not necessarily all of the following
         plants: [list of plants] and those lands not currently used for
         agricultural purposes containing 400 acres or more of contiguous
         nontidal swamp, bog, muck or marsh exclusive of narrow stream
         valleys where fresh water stands most, if not all, of the time
         due to high water table, which contribute significantly to ground
         water recharge, and which would require intensive artificial
         drainage using equipment such as pumping stations, drain fields
         or ditches for the production of agricultural crops."

              The Department of Natural Resources and Environmental
         Control surveys and delineates its tidal wetlands; regulatory
         maps provide jurisdictional boundaries.      Under a concurrent
         review process with the Army Corps of Engineers, the State
         requires a permit for any dredging, filling, or other alterations
         or construction, bulkheading, construction of piers, jetties,
         breakwaters, boat ramps, or mining, drilling or excavation in
         State mapped wetlands.

              No permit may be issued until the county or municipality
         having jurisdiction has first determined that the activity is
         lawful according to zoning procedures.    Proposed activities are
         evaluated considering the factors of environmental impact,
         aesthetic effect, the number and type of supporting facilities
         required and the environmental impact of such facilities, the
         effect on neighboring land uses, State, county and municipal
         comprehensive plans for the development and/or conservation of
         their areas of jurisdiction and economic effect.

              Exemptions from permit requirements include mosquito control
         activities authorized by the Department, construction of
         directional aids to navigation, duck blinds, boundary stakes,
         wildlife nesting structures, grazing of domestic animals, haying,
         hunting, fishing and trapping.

              Projects which would require wetland permits within both the
         lower St. Jones River and the upper Blackbird Creek components
         would include any impacts to tidal wetlands for the construction
         of boardwalks, piers, docks or boat ramps.



                                    83







                In addition to Delaware's Wetlands Act of 1973, all
           jurisdictional wetlands in the Reserve are federally protected
           by Section 404 of the -Clean Water Act (passed in 1972 as the
           Federal Water Pollution Control Act Amendments, later renamed the
           Clean Water Act in 1977). Thus Federal Section 404 jurisdiction
           extends beyond just the primarily tidal wetlands protected by the
           State's Act, to encompass some remaining tidal wetlands at the
           highest reach of tide, plus all non-tidal or freshwater wetlands.
           However the scope of activities controlled by Section 404 is
           primarily limited to the discharge of dredged or fill material
           into wetlands (and to significant hydrological alterations that
           may be caused by such discharge), which cannot be done without a
           permit issued by the Army Corps of Engineers, with oversight
           provided by the U.S. Environmental protection Agency. Processing
           of applications for both State and Federal wetlands permits is
           handled simultaneously in Delaware by the Joint Permit Processing
           Committee.


           DELAWARE COASTAL ZONE ACT OF 1971

                 The landmark Delaware Coastal Zone Act of 1971 purpose is
           to control the location, extent and type of industrial
           development in order to better protect the natural environment of
           Delaware's bay and coastal areas. The law prohibits new heavy
           industry which is incompatible with protection of the natural
           environment in the designated coastal strip. The St. Jones
           component from U.S. Route 113 to and including the Delaware Bay
           are within this highly protected area.

           SUBAQUEOUS LANDS

               The purpose of the Subaqueous Lands Act, 7 Del. C., Chapter
           72, is to protect against uses or changes which may impair the
           public interest in the use of navigable waters.         "Subaqueous
           lands", including rivers, lakes, ponds, streams, embayments,
           lagoons and other navigable waterways, means "submerged lands and
           tidelands".  By definition, the landward extent of jurisdiction
           in subaqueous lands is the mean high tide line, or the ordinary
           high water line in non-tidal waterbodies.    The Act empowers the
           Secretary of the Department of Natural Resources and
           Environmental Control and the Governor (for commercial projects)
           to regulate the use of both public and private subaqueous lands.
           Permits, leases or letters of approval issued by DNREC's Wetlands
           and Aquatic Protection Branch are required to   'deposit material
           upon,, remove material from, construct, modify, repair or
           reconstruct or occupy any structure or facility upon subaqueous
           lands, as well as new and maintenance dredging projects.

               Regulations governing the use of subaqueous lands stipulate
           that no activity may be undertaken which might contribute to the
           pollution of public waters, adversely impact or destroy aquatic
           habitats or infringe upon the rights of public or private owners.
           Examples of activities regulated under this statute which may be
           proposed for the St. Jones River and upper Blackbird Creek
           components would include the construction of piers, utility or
           toad crossings, docks, boat ramps or mooring facilities.


                                      84








         DELAWARE ANTIQUITIES ACT

              Prehistoric and historic archaeological sites on state-owned
         or controlled properties in Delaware are protected by an
         antiquities act (Chapter 54, Title 7, Delaware Code). Under this
         act, only the governor or the Director of the Division of
         Historical and Cultural Affairs may give permission to collect
         artifacts or to conduct archaeological surveys or excavations on
         state land.   Any artifacts found on state land, regardless of
         where or by whom, are the property of the state, and are to be
         deposited with the Division of Historical and Cultural Affairs
         for curation and display.       The unauthorized collection of
         artifacts or excavation of sites is punishable by a $100 fine
         and/or a 30-day prison term.

              Unmarked human remains are further protected by an amendment
         to the antiquities act.    The provisions of this act apply to
         burials on both public and private land. Human remains that are
         not the subject of an investigation by the Medical Examiner    can
         only be excavated by professional archaeologists with          the
         approval of the director of the Division of Historical         and
         Cultural Affairs and a Committee on Unmarked Human Remains, if
         the remains are determined to be those of a Native American. If
         the remains are those of a member of any other ethnic group, an
         effort must be made to obtain permission from the next-of-kin.
         After excavation, the remains may be studied by a skeletal
         analyst for 90 days before they are reinterred.       Unauthorized
         acquisition, excavation,     or display of human      remains is
         punishable by a fine.of not  less than $1000 or more than $10,000
         and/or imprisonment of up to 2 years.

         NATURAL AREAS PRESERVATION


              The 1978 Natural Areas Preservation System Act (7 Del. C.
         Chapter 73) established a means to set aside and protect
         significant natural landscapes throughout the State. These areas
         may be the best examples of a particular habitat, rare species
         locations, or geological and archaeological sites. The Office of
         Nature Preserves within the Department of Natural Resources and
         Environmental Control administers this voluntary program.
         Efforts are directed towards public and private landowners of
         natural areas to conserve and protect the resources of concern
         through the placement of restrictions on the property.     Once a
         natural area has these legally recorded restrictions applied to
         it, then it becomes a nature preserve and is afforded the highest
         level of protection for conservation lands in Delaware.        The
         entire upper Blackbird Creek component is within a state-
         recognized natural area, and contains land that may be attractive
         for voluntary designation as Nature Preserves. Activities
         associated with the DNERR's process will be coordinated with
         natural areas protection efforts.

         CONSERVATION EASEMENT

              A conservation easement as defined by Delaware law (7 Del.


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           C. Chapter 69) is a way for a landowner to voluntarily place
           permanent restrictions on the future use of the land, thereby
           protecting its natural attributes.   The conservation easement is
           perpetual and binds all present and future owners of the land.
           For site acqui sit ion/ protection efforts, a conservation easement
           will be one of the methods used to help establish the DNERR.

           EROSION AND SEDIMENT CONTROL/STORKWATER MANAGEMENT

                On July 1, 1991 new state Erosion and Sediment Control and
           Stormwater Management Regulations went into effect.           These
           regulations are aimed at significantly reducing pre- and post-
           construction sediment, nutrient and toxic loads to the State's
           waterways.   Any facilities development associated with DNERR
           would come under these regulations.        Also, any development
           outside of the DNERR boundary would be similarly regulated.

           RARE SPECIES AND NATURAL COMMUNITIES


                A proposed revision of the State's Endangered Species Law
           would provide additional protection to the many state-listed rare
           plants, animals and natural communities. Many activities in the
           DNERR, including research, would be evaluated against any adverse
           impacts to the listed species and communities and modified
           accordingly.

           WILDLIFE AND FISH MANAGEMENT

                All wildlife and fish management taking place within the
           DNERR will adhere to the most current hunting and fishing
           regulations and laws (7 Del. C.. Chapters 1-27).

           SURFACE WATER QUALITY STANDARDS

                The maintenance of water quality standards consistent with
           public health, protection of fish and wildlife and other aquatic
           life within the DNERR will be according to the most current
           regulations of the Delaware Environmental Protection Act Del.
           Code. Chapter 60.


           DELAWARE COASTAL MANAGEMENT PROGRAM


                The Delaware Coastal Management Program of 1979 as approved
           under the rules and regulations of the Federal Coastal Zone
           Management Act includes the State laws listed above as its means
           of providing coastal protection. The activities described in this
           plan are not only consistent with, but also collaborative in
           achieving the goals and objectives of the Delaware Coastal
           Management Program.

           LAND USE AND ZONING


                All applicable state and county land use and zoning
           restrictions will apply to the DNERR.



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        XII. ENVIRONMENTAL RESTORATION PLAN


               A. NERRS AND ENVIRONMENTAL RESTORATION WORK


              Although restoration of environmentally-degraded areas is
        not a primary purpose of the NERRS, 15 CFR Section 921.1(e)
        recognizes the need or desirability to permit            restoration
        activities "to improve the representative character and integrity
        of a reserve."    In order to restore degraded areas or systems,
        which typically have undergone some type of adverse physical or
        ecological alteration, manipulative techniques are usually
        necessary to achieve the desired changes.         Restoration goals
        should focus on returning degraded areas to their historical
        environmental status prior to degradation, in terms of either the
        original ecological structures or their functional equivalents.

                B. DNERR AND ENVIRONMENTAL RESTORATION WORK


             The primary types of environmental degradations that have
        occurred in DNERR sites are in the tidal wetlands, where
        para 1 le 1-gr id-d itches for mosquito control have dewatered marsh
        surface features and lowered subsurface water tables.
        Additionally, a combination of other factors have caused moderate
        expansion of phragmites cover at the expense of previously
        established, more desirable vegetation types.         Upland buffer
        areas at both reserve, sites have also been "degraded" if one
        considers conversions of forestlands to croplands (most of which
        occurred decades or centuries ago) to be degradations. However,
        such past agricultural conversions in upland buffers are not
        viewed as problems needing restoration.

             Restoration activities in.the reserve's tidal wetlands,
        which might be done to correct parallel-grid-ditch drainage
        effects or to eradicate phragmites encroachment, almost always
        involve manipulative techniques. Brief descriptions of the need
        for, types, extent and impacts of potential restoration practices
        are given in Section VI, Habitat Manipulations.        As stated in
        Section VI, installation of Open Marsh Water Management (OMWM)
        systems for mosquito control often helps to compensate for
        structural or functional ecological degradations caused by the
        parallel-grid-ditches, and also helps to "restore" wetlands to a
        formert more pesticide-free state.

             Most restoration activities will be directed at restoring in
        some fashion the physical features and biotic community of a
        site, and some restoration work may be performed and evaluated as
        research projects. In part, this would help improve habitat and
        species diversity and should prevent further degradation of the
        resource.    Any species reintroductions would be historically
        native to the area.      Restoration projects can provide a good
        baseline for long-term research and education needs. Restoration
        needing or resulting in substantial action or impacts will
        require prior approval by the State, NOAA and, where applicable,
        by the site property owner.



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                   C. OMWM AND ENVIRONMENTAL RESTORATION


                 At this point in time, the most probable future restoration
            work which might be proposed for the DNERR will be installation
            of OMWM systems in up to 20% of the tidal wetlands in the Lower
            St. Jones River site.     It is probable that permission for such
            restoration activity will be formally requested within the next 5
            to 10 years.     Because of the high probability of this action
            being proposed, it is beneficial to review in the management plan
            why OMWM is desirable (as an alternative to the insecticide
            controls which are now needed and used) ; to discuss the
            environmental restoration functions of OMWM; and to discuss the
            agency review and approval process for using OMWM.

                 Both of the DNERR components produce pestiferous mosquitoes
            that require control for their off-site nuisance problems and
            disease-vector potential.     Both of these potential problems can
            directly affect the quality-of-life in an area greater than 20
            miles distance from the Reserve sites. The Lower St. Jones River
            component is of more mosquito-production concern, since it is
            only six miles from the. capital in downtown Dover, and its more
            saline habitats produce more saltmarsh mosquitoes than do the
            upper Blackbird Creek marshes.          Saltmarsh mosquitoes will
            routinely fly 10-15 miles inland from their marshes of origin,
            and are capable of causing problems as far as 40 miles away from
            their breeding grounds.

                 In order to satisfactorily contend with the mosquito
            problems, all ongoing mosquito control practices must continue in
            both Reserve components. Currently, this primarily involves the
            DNREC's Mosquito Control Section's surveillance of mosquito
            production levels, and selective application (as needed) of
            approved insecticides.       Similar to its insecticide control
            efforts throughout the State, the Section will use insecticides
            on the Reserve in an environmentally-compatible manner.

                 In addition to using insecticides for saltmarsh mosquito
            control, the Mosquito Control Section has a policy of trying to
            reduce statewide its insecticide use as much as possible,
            primarily by relying on the source reduction method of open Marsh
            Water Management (OMWM) wherever practical.           The mosquito-
            breeding areas of the lower St. Jones River tidal wetlands are
            currently targeted for future OMWM treatment, part of the 15,000
            acres (out of Delaware's total 83,000 acres of tidal marshes) of
            severe saltmarsh mosquito -production habitat identified in the
            State.   The OMWM treatment effects are primarily the permanent
            installation or restoration of selectively-located ponds and
            ditches; temporary deposition of a thin layer of excavated spoil;
            and a long-term, substantial reduction in the need for
            insecticide use.     A malor corollary benefit of OMWM is the
            opportunity to prov:Fde or restore more permanent water habitats
            to marshes that have been dewatered wherever parallel-grid-
            ditching has been extensive (e.g. the lower St. Jones River
            marshes).    The restoration or compensatory creation of tidal
            ponds that do not dry-out at low tide substantially restores and


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        enhances aquatic organism and waterbird habitats in grid-ditched
        tidal wetlands, in addition to significantly decreasing mosquito
        production and insecticide use.

             Most of the potential OMWM work in the lower St. Jones River
        tidal wetlands is in salt hay patches or zones, located in narrow
        bands behind natural creekside levees or along the landward upper
        fringes of marsh.    The design and installation of OMWM systems
        for the Lower St. Jones River component will carefully consider
        and accommodate the Reserve's needs and functions for research,
        education and resource protection.

             OMWM planning and implementation in the lower St. Jones
        River marshes will include, in addition to thorough review and
        approval by Reserve and NOAA personnel, the normal permit and
        field reviews by the member agencies of the Delaware Mosquito
        Control Advisory Committee (i.e. the Army Corps of Engineers;
        U.S. Environmental Protection Agency; U.S. Fish and Wildlife
        Service; National Marine Fisheries Service; the DNREC's     Sections
        of Mosquito Control, Wildlife, and Fisheries; and the DNREC's
        Wetlands and Aquatic Protection Branch) . Potential OMWM impacts
        on cultural resources are monitored by DNREC's Cultural Heritage
        Program under a Memorandum of Agreement between the Army Corps of
        Engineers and the Delaware State Historic Preservation Office.
        OMWM systems would be installed in the lower St. Jones River
        marshes using the approved OMWM guidelines that the Mosquito
        Control Section follows statewide in its operations.

             At this point in time, the Delaware Mosquito Control Section
        does not believe that OMWM is needed for the upper Blackbird
        Creek site, given the physical characteristics of the area and
        the amount and types of mosquitoes produced.
























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           XIII. EDUCATION/INTERPRETATION PLAN

                The Education and Interpretation program along with Research
           and Resource Protection, are the three main sections planned for
           the management of the Reserve components. Successful DNERR
           management depends on the close interrelationship between each of
           these facets.

                These programs broaden the public's understanding of the
           value of estuarine resources, increase citizen awareness and
           understanding of estuarine management, problems, and issues,
           advocate positive environmental practices, and interpret and
           disseminate useful research results to appropriate decision
           makers.


           ST. JONES COMPONENT


           Education Values

                The Lower St. Jones River estuary, centrally located in
           Delaware, could become the focus of state environmental/ cultural
           education efforts regarding estuarine systems.        The Lower St.
           Jones River estuary is located approximately 6 miles from Dover,
           home of both Delaware state College and Wesley College.           The
           Reserve would be about a one-hour drive from either the Newark
           main campus    of the University of Delaware or from the
           University's    Marine Studies       Field   Complex    in     Lewes.
           Additionally,  its central location in the State would provide
           access to varied estuarine environments for elementary and
           secondary school groups, necessitating no more than a one-hour
           commute for almost all Delaware schools.

                The component includes the John Dickinson Mansion, home to
           one of Delaware's colonial leaders and signer of the Declaration
           of Independence.   The site, currently owned and operated by the
           State Division of Historical and Cultural Affairs, is a major
           interpretive center offering guided tours of the home and
           grounds.   The plantation is a major tourist attraction and is
           frequented by school groups from throughout the state. The site
           was visited by a total of 8,237 people from the period June, 1991
           to June, 1992, including 82 groups.

                Interpretation at the site focuses on the life of John
           Dickinson as well as the lifestyle and culture of colonial
           Delaware and America. The St. Jones River served a crucial role
           during the Colonial period as a vital maritime link with the
           outside world.

                Town Point, site of the oldest known European settlement in
           Kent County, is located in the Ted Harvey Conservation Area, a
           state-owned property adjacent to the DNERR component.

                The Lower St. Jones River is especially well suited for
           educational purposes because of its proximity to the Delaware
           Bay.   The adjacent Little Creek Wildlife Area offers access to


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          bayfront beaches suitable for interpretive walks, bird watching,
          seining and other nature-study activities.       The Delaware Nature
          Society facility at Abbott's Mill near Milford is located
          approximately 15 miles south from the Lower St. Jones River.

               The Management Plan includes the construction of a major
          educational and research center within the St. Jones DNERR
          component.   Similar to the advantages for research efforts, the
          stationing of DNREC professionals at the Reserve's facilities
          center could greatly strengthen the operation of the
          environmental education. program.     The center will house nature
          exhibits, aquariums, interpretive displays and literature on
          estuarine issues, and serve as a base for field tours of the
          Reserve.   Field access facilities such as interpretive trails,
          boardwalks, and observation towers will be constructed. A center
          will also serve to complement the existing facilities and
          exhibits housed at the Dickinson Plantation.

               The diversity of habitat, from uplands to tidal marsh and
          finally beach and open waters of the Delaware Bay, presents a
          unique outdoor classroom setting and opportunity to provide a
          holistic view of estuarine systems.



          BLACKBIRD CREEK COMPONENT


          Education Values

               The Upper Blackbird Creek, located in southern New Castle
          County, is an excellent representative of an inland portion of a
          Delaware Bay tributary. The headwaters of the creek are formed,
          in part, by some of the state's most valuable and unique
          freshwater wetlands.    With the focus on freshwater wetlands at
          the state, regional and'national levels, the Upper Blackbird area
          provides an excellent opportunity to highlight these resources
          through educational and interpretive programs.

               The Upper Blackbird Creek could be utilized as a very
          convenient field trip site for many of the New Castle County
          school districts, as well as the Delaware Nature Society (DNS).
          over 65% of the State's school children are in New Castle County.
          DNS contracts with the New Castle County schools in providing
          environmental education experiences.          Students often visit
          Ashland Nature Center, operated by DNS, for interpretive
          programs.   However, the DNS does not offer a center focused on
          estuarine or marine environments.      In addition, DNS coordinates
          numerous field trips annually to natural areas throughout the
          state.   There may be many opportunities at the Upper Blackbird
          Creek component to interact with the DNS for educational
          programs.

               Stream Watch, a volunteer program which instructs citizens
          how to monitor and test surface water quality, is also
          coordinated by DNS through a grant provided by the Department of
          Natural Resources and    Environmental Control.      Major waterways


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          throughout the state have been "adopted" by Stream Watchers who
          report results of visual observations and tests for oxygen levels
          to DNREC.   The Upper Blackbird, as well as the St. Jones River,
          could provide excellent opportunities for this type of active
          citizen involvement.

               In terms of serving higher education needs, Upper Blackbird
          Creek is located about equidistant between the University of
          Delaware's main campus in Newark and Delaware State College and
          Wesley College in Dover.     The Upper Blackbird Creek component
          offers estuarine habitat types not found near the University of
          Delaware's Marine Studies Field Complex in Lewes.

               The primary education/ interpretive center for the Delaware
          NERR is to be located at the Lower St. Jones River component.
          However, a modest educational facility might be established at
          the Upper Blackbird Creek component for visiting school or
          environmental groups. Such a facility might consist of a secure,
          one-room building with a permanent exhibit; an open-sided
          pavilion with tables and benches; and restrooms.

               The establishment of DNERR educational/interpretive
          facilities, with components on the St. Jones River and Blackbird
          Creek, will be attractive destinations not only for Delawareans,
          but also for residents of nearby metropolitan centers such as
          Philadelphia, Baltimore, Washington, D.C. and Norfolk, all within
          a 150-mile radius of the DNERR.

               A. GOALS OF THE EDUCATION/INTERPRETATION PROGRAM

          Education Goal

               Enhance public awareness, understanding, and wise use of
          estuarine resources in the Middle Atlantic Region and encourage
          an environmental ethic among all users.

          Education Oblectives

               * Promote knowledge of the Reserve its resources, and its
                 programs as well as knowledge oi broader coastal issues
                 and concerns related to estuarine management and
                 protection;

               * Promote awareness of the National Estuarine Research
                 Reserve System and the values of estuarine/marine
                 protected areas;

               * Provide educational and interpretive services at
                 appropriate Reserve components directly to students,
                 managers and visiting public;

               * use information on past lifeways   to make members of the
                 public more aware of the importance of estuarine ecology
                 and to promote balanced use of estuarine resources;



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              * Promote the preservation of historic properties (including
                archaeological sites, buildings, and structures) through
                public education efforts;

              * Provide opportunities for teacher training, student
                projects, internships, and assistantships where enrollees
                work jointly with scientists, gain field experience, and
                learn about the importance of research resources;

              * Provide appropriate facilities which contribute to
                educational interpretative, volunteer, and research uses
                of reserve components; and

              * Provide an understanding and appreciation for traditional
                resource uses, such as fishing, hunting, trapping, and
                boating.

              Reserve components will be utilized, where appropriate, as
         outdoor instructional areas for educational studies in estuarine
         ecology.   The reserve program will help foster a long-term
         commitment to the restoration and protection of the Delaware Bay
         system and its resources through education about the Bay system,
         the problems facing it, and the policies and programs designed to
         help the Bay by providing opportunities for interpretive,
         recreational, and leisure activities (hiking, bird watching,
         canoeing, etc.).       These activities will be promoted at
         appropriate reserve sites where the natural area character of the
         Reserve and ongoing research will not be adversely affected.

              B. FRAMEWORK OF EDUCATIONAL PROGRAMS


              The International Conference on Environmental Education held
         in Belgrade (1975) and Tbilisi (1972) adopted the following goal:

              "To develop a citizenry that is aware of, and concerned
         about the total environment and its associated problems, and
         which has the knowledge, attitude, motivations, commitment and
         skills to work individually and collectively toward solutions of
         current problems and the prevention of new ones."

              We find this goal to be as valid today as when it was first
         written.   Our role as the DNERR environmental education and
         interpretation program is to further this goal by being a part of
         a network of delivery systems in the state, nation, and world.

              In furthering this goal the Delaware Environmental Legacy
         Report (1988) indicated that there should be two major
         environmental education efforts in Delaware, one for developing
         an environmental ethic in our youth and a second for recognizing
         that environmental education is a continuing process and should
         therefore also target adults.

              The DNERR program will address both of these environmental
         education efforts. It can do this first, by recognizing that for


                                     93







           youth in kindergarten through 12th grade the effort should be to
           develop an awareness and attitude toward responsible
           environmental stewardship.       Second, for adults, continuing
           education should occur for general public as well as for various
           selected groups such as the managers, professionals, decision
           makers, farmers, users, seniors, etc. and for support for higher
           learning.   It should include the development of basic concepts
           about the environment as well as programming for specific
           environmental issues.

                This program will use the DNERR resource base and
           participatory involvement to help people understand the
           interactions and interdependencies between people and the
           environment.    With this knowledge people will understand the
           consequences of their actions and become motivated to act on
           them.

                It is expected that the DNERR will provide programs which
           will progress from environmental awareness through environmental
           understanding to environmental action.

                To meet the goals of the education program, both the
           Blackbird and the St. Jones components will be available for
           educational activities. The St. Jones component will be the site
           of the DNERR Education and Research Center and therefore will
           provide the resources for most of the educational programs.

                Environmental education refers to the total environment
           including natural, cultural, and historical components.          This
           program will include each of these components in its programming.
           The impact of humans on nature cannot be ignored and for society
           to solve its problems it must be addressed.

                one major purpose of the educational program of DNERR is to
           provide educational programs that will facilitate the information
           exchange between the DNERR researchers and the end users and
           decision makers. It is the role of the educator not only to take
           the information discovered by the researchers and make the
           potential users and decision makers aware of this discovery, but
           also to assure that they have an understanding of the
           interrelationships involved so that they can then properly act on
           the discovery.


                C. TYPES OF PROGRAMS.

                     1. Activities

                Both the Blackbird and St. Jones components will be able to
           provide a variety of educational opportunities.       Activities at
           each component will be structured to take advantage of that
           component's resources.      Examples of possible       environmental
           education and interpretation programs include:

                  Guided and self-guided tours that will emphasize natural,


                                       94








               cultural and historical features.   Self -guided tours may
               be available for anyone including general public visitors
               while guided tours are usually scheduled.

             ï¿½ Participatory, interactive, and multi-sensory educational
               activities.

             ï¿½ Archaeological educational activities such as a sample
               archaeological excavation. These activities are designed
               to demonstrate the research      techniques, as well as
               showing the continued interrelationships of people with
               this environment.      With careful coordination with
               professional archaeologists, actual sites can sometimes be
               used however more commonly a simulated site is developed.

             ï¿½ Tours, demonstrations, and talks on research that is being
               or has been conducted at the Reserve. Researchers have a
               direct role in the education program and should frequently
               be involved in conveying this material to the appropriate
               audiences. Educators also help present research results.

             ï¿½ Guided tours and activities in the marsh, river, and bay
               portions of the estuary. These may use canoes or research
               and education.vessels.

             ï¿½ Educational programs that help students understand the use
               of research procedures or "teach-ins" that may help
               educate end users or decision makers on estuarine research
               and systems.

             ï¿½ Educational materials, programs, and facilities that will
               aid institutions of higher learning in their use of DNERR.

             ï¿½ Internships for research and for education.     The DNERR
               Provides an ideal site for students to intern to develop
               their research and research application skills.
               Educational interns with the DNERR Educational Program
               will have opportunities to work with varied age groups in
               numerous settings providing an excellent opportunity for
               professional development.

             ï¿½ Teacher training workshops or "in-service" programs will
               provide teachers the opportunity to become aware of
               educational resources available to them as well as to
               continually upgrade teaching techniques. Delaware is
               currently considering requiring teacher training for re-
               certification.     If adopted, this could create a
               significant demand for these programs.    Most surrounding
               states in the region already have such a requirement.

             ï¿½ Production of interpretive and educational materials such
               as brochures, newsletters, articles, slide-shows, videos,
               etc.






                                   95








                ï¿½ outreach programs on estuarine systems for youth. Bus
                  costs seem to be one of the main reasons why schools limit
                  trips to environmental education sites. outreach-programs
                  of taking the material to the school is often a
                  substitute. In addition, when a school schedules a visit
                  to the Reserve, the outreach program may develop pre-trip
                  and post-trip visits to the school to provide a much more
                  meaningful and complete experience.

                ï¿½ Adult programs for DNERR research efforts and findings,
                  resource protection, management     and educators can be
                  presented on-site and as part of the outreach program.

                ï¿½ Educational program involvement in research efforts. This
                  can often help both activities and will be encouraged
                  where feasible.

                ï¿½ Programs (as well as facilities) will be especially
                  developed to be accessible by the handicapped whenever
                  possible. Special consideration will be given to activity
                  location, activity selection, etc. to provide for maximum
                  program accessibility.

                ï¿½ Activities emphasizing interaction with the resources such
                  as seining, marsh sampling, bay study, marsh ecology, etc.
                  along with related follow-up laboratory experiences.

                ï¿½ Center exhibits to provide an aid to the educational
                  programs.

                ï¿½ Wayside exhibits on-site of specific resources to
                  help explain    the site, system, or the research being
                  conducted there.


                     2. Exhibits

                The planned St. Jones component of the DNERR includes the
           John Dickinson Mansion & Plantation. This mansion is operated by
           the Delaware Division of Historical and Cultural Affairs. Due to
           the close proximity of the mansion to the DNERR Center and since
           the John Dickinson plantation historically provided a cultural
           link to the estuary, the mansion provides an extra opportunity
           for public accessibility of DNERR educational materials.

                The plantation is open to the public daily (except Mondays)
           and provides public tours of the mansion. It is planned that as
           a part of DNERR an outbuilding of the plantation will be expanded
           to include DNERR exhibits.     This exhibit theme will be the
           cultural link between people and the estuary in the past and
           continue the time to present environmental concerns.

                Since the DNERR does not plan to emphasize general public
           casual visitatio n at its Center, the plantation exhibits will
           provide for much of this visitation.    An additional benefit of
           this linkage is in cost savings. The plantation site is already


                                      96








        staffed duri ng normal general public visitation hours including
        weekends.   This will free DNERR      education staff for regular
        estuarine educational programs.

             It is expected that exhibits will also be housed at the
        Education and Research Center.     These exhibits are intended to
        (1) continue the link developed at the plantation site and carry
        it to present environmental concerns and prevention of
        environmental problems, (2) support exhibits for the educational
        program e.g. teaching collections, live collections, concept
        development, etc. , (3) exhibits relating to research being
       .conducted at the DNERR components and (4) related exhibits
        developed by cooperating agencies.

             Longevity of these exhibits are expected to vary greatly
        with some expecting to be long term support exhibits while others
        may be short term or seasonal ones.

             Wayside exhibits are also planned for both the Blackbird and
        St. Jones components. These exhibits are located on the site of
        various resources that should be interpreted. They help viewers
        identify the items they are observing, understand the systems
        underlying the resources or may explain the research project
        under way for that site.

             These wayside exhibits are typically fiberglas embedded
        signs, metal photo signs, or shelters.

             3. Trails


             Trails will continue to be constructed on both the Blackbird
        and St. Jones components.      Trails can provide for a unique
        recreational experience, an area for research and educational
        program access, and for access to and/or between points of
        interest.

             DNERR trails will provide access to the marsh, water,
        research sites, educational teaching stations, vistas, etc. One
        trail will be constructed to provide access from the John
        Dickinson Plantation to the Education and Research Center.
        Boardwalks will be a necessary part of the trails to provide
        access over wet areas.

             A Greenway trail has been started that will combine efforts
        from state, county, and city governments, private properties, as
        well as the DNERR . This function is compatible with the overall
        purpose of DNERR.      The specific impact      on the St. Jones
        component is a trail paralleling the river along the buffer area
        adjacent to the tidal wetlands. The trail includes boardwalk
        sections that cross over tidal marsh areas providing access to a
        small water course for small boats and canoes and education
        stations over the marsh. Access to this trail will be from the
        Dickinson Mansion to the Center site, then continuing along the
        tidal marsh to an historical structure known as Kingston-upon-
        Hull on the neighboring Fish and Wildlife Logan Lane Tract. The


                                    97








            trail continues through the Wildlife area, to the 'Delaware Bay
            section of the Reserve.

                 Trails will be loops whenever possible. This will reduce
            maintenance costs as well as provide for increased user interest.

                 Unless specifically authorized, trails will be for
            pedestrian use only.   No bicycle, horse, or motor vehicle use
            will be permitted without the written authorization of the
            reserve manager.

                 4. Individual Components

                       a. St. Jones Component

                 Since this component will house the Reserve Center, it will
            be the location for the majority of the education and
            interpretive programs conducted.    The DNERR estuarine educator
            will operate from this center and will develop site specific
            programs and materials. Trails, boardwalks, and outdoor teaching
            stations will be located here and may provide extra facilities
            for convenient outdoor instruction.   Boat docks with access for
            canoes as well as loading space for a research and educational
            vessel will also be on this component.

                     b. Blackbird Component

                 This area will emphasize self-guided, self-conducted
            tours and activities.   Resources will be available for schools
            and other groups to utilize the   facilities without the direct
            supervision of the DNERR education staff.       Staff instructed
            programming will be conducted for this component to provide the
            appropriate contrasts for portions of an estuary with less
            salinity.

                 5. Themes

                 The major themes for the DNERR includes reserve awareness,
            natural resources, estuarine systems, interactions between people
            and the estuary, and Reserve management.

                 6. coordination


                     a. Coordination of DNERR

                 An Education Coordinator will coordinate education programs
            for the DNERR. The DNERR Education Coordinator will be the Chief
            of Interpretive Services who operates educational and
            interpretive programming from five centers and in locations
            throughout Delaware.  This position will assure coordination of
            the program with other educational programs, and may be located
            at DNREC Headquarters as well as operations from the DNERR
            Center.


                 An Estuarine Educator will direct the educational efforts at



                                       98







        both the Blackbird and St. Jones components. This position will
        be housed at the Education and Research Center and will be
        directly responsible for all interpretation, education programs,
        special events, etc. for the Reserve.       See the Administration
        Plan for the organizational chart for these positions.

                     b. coordination with the NERR System

             Information publications will be distributed to the other
        NERR   managers around the United States.          Interpretive or
        Educational materials developed will also be made available upon
        request.   Information will be provided to NOAA periodically for
        NERRS Status Reports.      The Reserve Manager will communicate
        directly and frequently with NOAA for numerous purposes including
        education.

                      c. coordination with other educational programs

             The education coordinator will coordinate the DNERR
        education and interpretation program with the educational
        programs of public and private schools, governmental agencies,
        private organizations, and colleges and universities in Delaware.
        This coordination will attempt to further the overall goals of
        environmental education (mentioned previously) as well as the
        more specific estuarine educational goals of the DNERR.

             There are numerous groups in the state currently involved in
        these estuarine education efforts. They include:

                        --Public Schools
                        --Private and Parochial Schools.
                        --Department of Public Instruction
                            (Science and Environmental Education)
                        --Department of Agriculture (Project Learning Tree)
                        --DNREC - various programs
                        --Conservation Districts
                        --Delaware Nature Society
                        --Delaware Audubon Society
                        --Childrenfs Beach House
                        --Bombay Hook National Wildlife Refuge
                        --and more


             Colleges and Universities that have expressed interest
        include:

                        Delaware State College

                        University of Delaware
                          (Cooperative Extension)

                        Wesley College






                                    99








           XIV. VOLUNTEER PLAN


                The Delaware Department of Natural Resources and
           Environmental Control (DNREC) has through its Divisions utilized
           volunteers in its programs for more than two decades.     Recently
           DNREC had hired a volunteer coordinator to assist in the
           recruitment,    placement,    utilization,   coordination,     and
           recognition of volunteers. In addition the Division of Parks and
           Recreation has developed a volunteer corps for each of its full
           time interpretive and educational centers..      These volunteers
           assist with conducting programs, staffing centers, maintaining
           trails, developing exhibits, preparing brochures, and many other
           facets of center work.

                The Reserve is expected to develop      a similar corps of
           volunteers to help with the various aspects of reserve work,
           assisting with research projects as well as educational
           volunteers. It has already included trail work, and is expected
           to include opening and closing the Reserve, security awareness,
           research efforts and so forth.

                It is anticipated that the Departmentfs volunteer
           coordinator be located in the DNERR Center.    This will aid the
           development of the volunteer corps at the DNERR components by
           fostering a very close working relationship between staff and the
           volunteer coordinator.





































                                      100









        XV. FACILITIES DEVELOPMENT PLAN

            Facilities enhance access and use of Reserves and provide
        support for education and research programs. The Department of
        Natural Resources and Environmental Control has a critical need
        for a facility to locate most of the Department's biologists. The
        goals and objectives of'the DNERR program compliment the Fish and
        Wildlife scientists needs to better manage estuaries and the
        activities on adjacent lands that impact them.

            A. CURRENT FACILITIES

            The most important facility that currently exists is the
        John Dickinson Mansion and outbuildings including a Visitors Barn
        located within the St. Jones River component. The facility is
        operated by the Bureau of Museums and Historic Sites and focuses
        on the historical and cultural aspects of the John Dickinson
        Plantation which boundaries nearly coincide with the DNERR St.
        Jones boundaries.

            The only other facilities that currently exist within the
        Reserve's boundaries are 1300 feet of boardwalk, education
        stations, and boat dock on the north side of the St. Jones River
        and a boat ramp, f ishing pier and parking lot on the south side
        of the St. Jones River operated by DNREC.

            Other support facilities exist adjacent to the Reserve such
        as those located at the Logan Lane and Little Creek Fish and
        Wildlife areas as well as the education and research facilities
        and equipment located 6 miles from the Reserve at DNREC's
        headquarters. Some of their values are discussed in other
        sections, especially the Research plan.

            B. PLANNING AND DEVELOPMENT FOR FUTURE FACILITIES

            An Education and Research Center is planned to serve as the
        focus of the Reserve and the facility to accommodate many of the
        State's field experts in estuarine management.

                  1. Site Needs

            The first five years of the Management Plan will
        concentrate on the development of the Education and Research
        Center, the expansion of the John Dickinson Mansion's Visitors
        Barn, and associated public access needs such as trails,
        boardwalks, and boat access.


                       DNERR EDUCATION AND RESEARCH CENTER

            A survey was sent to approximately 50 agencies, schools,
        environmental and cultural resource organizations. After
        interviewing the respondents who indicated an interest in co-
        locating in an estuarine education an research facility, it was
        determined that there is a need for a multi-purpose education and
        research facility of about 30,000 sq. ft. to enable the DNREC to


                                   101







            meet a variety of needs. These same needs also were outlined in
            the Department"s strategic plan.

                 The facility will be located on the north side of the St.
            Jones river between the Dickinson Mansion and the Department"s
            Logan Lane Tract. The estimated cost is projected based on Kent
            County building costs and would include: architectural and
            engineering costs for an expandable structure, septic, well,
            interior plumbing, electric, heating and air conditioning,
            finished interior walls and movable floor to ceiling partitions,
            ceiling and floors, as well as all site access, parking, and
            landscaping needs. The building will be in the Mansion's historic
            zone which will require the portion facing the Mansion to be
            "historically" in context, while the rear (facing the marsh and
            the St. Jones River) will be glass, open and highly functional.

                 The DNERR Center serves two key Department objectives: the
            need to replace the historic "Stone Tavern" with a modern
            efficient environmental field research and operations Laboratory;
            and the need to address the educational program required to
            develop an "environmental ethic" among all users of our fragile
            coastal ecosystems.

                 The Department does not have a facility which will permit
            the public display of the many programs offered for coastal
           ,resource management. The Department's Fish and Wildlife
            scientists are operating out of a building in excess of 150 years
            old with some individuals assigned to other remote locations. In
            addition, a wet laboratory is necessary, particularly for
            fisheries scientists who operate out of a totally inadequate,
            poorly functional space in the Tavern. When hazardous chemicals
            are used, the entire building is at risk of contamination. There
            is no space available for educational or interpretative needs and
            demands   of   academic.   institutions,     public   groups     and
            organizations.

                 The development and operation of a Delaware Estuarine
            Reserve Education and Research Center provides a forum for
            collaboration of the State's efforts in Resource Protection,
            Environmental Education, Applied Research, and Historical and
            Cultural Preservation. Multi-departmental objectives will be
            accomplished. The federal NERRS financial and technical
            assistance will link Delaware's estuarine management efforts both
            regionally and nationally for the achievements that shared
            technology will bring.

                 The DNREC Cultural Heritage Program has conducted an
            archaeological survey of the facility location, and has
            recommended that a 19th century tenant house site be avoided. A
            prehistoric procurement site has also been identified and tested,
            but the site is entirely within the plow zone, and does not
            appear to be eligible for listing on the National Register of
            Historic Places.





                                        102







               The building will be phased with the laboratory wing and
         central services in Phase One with construction paid by state and
         federal funding. The State and federal funds will continue to be
         used for the Second Phase which will include the construction of
         the Education section and the finishing of offices, public
         display areas, auditorium, conference rooms, resource library,
         and other education and interpretation facility needs.

               Federal funds are authorized to cost share with State funds
         at a rate of 70% Federal/30% State for the construction of NERRS
         facilities. The DNERR Education and Research Center will
         accommodate many estuarine specialists who will greatly enhance
         the DNERR and NERRS programs. Some of these specialists that will
         be located full time at the Center will have job duties outside
         of the objectives of the DNERR. Therefore, the State will fund
         the Center at more than 30% of the construction cost based upon a
         NOAA/State allocation plan.


         CONSIDERATIONS FOR PHASE ONE (Initial Architect's scoping plans)

         DNERR Management and operations
                                 TOTAL           DNERR          DNREC
               - 7 offices         700 sqft       400            300
               - Library =        1000           1000
               - Storage,Halls,
               utility,displays,
               class/conf. rooms
               restrooms,etc      3900           3750            150

         DNERR Research
         Fish & Wildlife Scientists    (including DNERR visiting researchers)
                                 TOTAL           DNERR           F&W
               - Chemistry Lab     800 sqft       400            400
               - Biology Lab       800            400            400
               - 24 Offices       2000            400            1600
               - Storage,halls
                etc =             2400           1800            600


         DNERR Education
                                 TOTAL           DNERR           P&R
               - Education Lab    1000  sqft     1000
               - 8 Offices =       800            300            500
               - Storage,halls,
                etc               1000            900            100


         TOTAL                   14400  sqft     10350           4050









                                       103










                                 DNERR FACILITY NEEDS
                            (based on DNERR survey results)

         1. A. Display space_l_yes_no            B. Sales area_1_yes        no
                    Occasional-Y-          Permanent-Y-

         2. Group space
                 A. Conference rooms-2_yes         no ; capacity-50_each  " seats
                 B. Auditorium        _1_yes       no ; capacity-200_seiits
                 C. Classrooms        _2_yes       no ; capacity-35_each-seats
                 D. Library     _1_yes        no ; size-800_sq ft
                 E. Outdoor classroom/Lab 4_yes          no
                 F. Amphitheater      -i-2qTes      no ; capacity_200_seats
                 G. Observation
                      a. Deck  -1__yes     no
                      b. Tower_l__2Yes       no

         3. Office space  - Y_yes      no
                    number of offices    25      approximate sq ft 5000
                                   (for 50 0f-0TE's;including swing -0qK rental off.)
                                     DNREC DM = 7 people (A,PM,EC,AQ,RC,VC,S,)
                                     Div. of F&W = 25 people
                                     Div. of P&R = 2 people
                                     Rental    12 people (NACD,Wesley,UofD Ag)
                                     Swing    4 people (DNS,SJRWA,other non-profits)

         4. Laboratory space
                 A. Educational    1 -yes_no ;     _900-sq ft
                 B. Biological -1-yes         no ; _600_sq ft
                 C. Chemical    1-yes      no ; _400_sq ft
                 D. Visiting scientists-1-yes         no ; _200_sq ft


         5. Storage space_1-yes         no ; _2000_sq ft

         6. Dormitories
                 A. Youth___yes_X_no ; capacity
                 B. Adults-    yes_X-no ; capacity

         7. outside needs
                 A. Parking_50 spaces ;B.visitors-lbo-maximum spaces
                 C. Loading doc__ 1_yes      no

         8. Location needs (within St. Jones DNERRS Site)
                 A. Water access-Y_yes_no ; type of boat-canoe
                 B. Wooded Y-yes_no ; C. Open-4Y_yes               no
                 D. Farmlands_Y_yes_no
                 E. Wetlands_Y_yes        no

         9. other needs (This is a listing of a variety of needs that may
         arise - please check all that might be of interest to you. Feel
         free to add any others.)
                 A. _Y_Special water purity
                 B. -Y Climate control
                      a. Air conditioning_Y_


                                       104
 





                b. Humidity_Y_
                C. Heating_Y_
          C.   YComputers
          D.   Y Printers
          E.   Y  Photocopiers
          F. -Y-Laboratory equipment
                a. Balances Y
                b. Microscopes-y-
                c. Ovens Y
                d. Furnaces-y-
                e. pH meters- Y
                f. Other-Water analysis kits; Exhibit lighting; Tissue

                         preparation machine; Walk-in freezer & refrig.;

                         Weight scales 300 # cap. wf-lift

          G. Specialized major equipment such as :
                a. Carbon-nitrogen-sulfur analyzer-Y-
                b. Particle counter Y
                c. Liquid scintillaEi-on counter
                d. Electromagnetic current meter-Y-
                e. Spectrophotometer-Y-
                f. Fluorometer  Y
                g. Other-Vacuum filter system; Chemical hood; Cryotome



          H. Small boats
                a. Size(length)_18 ft
                b. outboard size,(h.p.)_40
                c. Carrying capacity(lbs.)_1800

                d. Primary uses-Collection of data; I & E Tours

           I. Field Hydrological monitoring
                a. Fixed station,continuously-recording tide
                            - gauge_Y-
                b. Portable water level recorder   Y
                c. Fixed station,continuously-recording current
                              meter  Y
                d. Portable flow met-er-Y
                e. Fixed station,continuously-recording
                              salinometer  Y
                f. Portable salinometer,refractometer    Y
                g. Fixed-station,continuously-recording
                              thermometer-Y-
                h. Portable dissolved oxygen meter-Y-
                i. Portable pH meter -Y
                j. Secchi disks  Y
                k. Water collecfi-on bottles(Niskin,Kemmerer)-Y-
                1. BOD sampler_Y_
                m. Other-Fixed station continuously recording dissolved

                        oxygen meter


                                105







                 J. Field  collection gear
                        ai Fish seines   Y
                        b. Fyke nets,hoop nets-Y-
                        c. Otter trawls   Y
                        d. Benthic grabs,corers,dredges     Y
                        e. Benthic sieves,strainers-Y-
                        f. Plankton nets   Y
                        g. Other-Cannon or rocket nets; Radio telemetry equipment_



                 K. Weather station   Y
                 L. Boat docking facilities-Y_;a.dry_Y_b.wet-Y-c. ramps_Y-
                              d.piers_y_
                 M. Aquariums - Y-  a.salt-Y b.fresh Y
                 N. Plant & animal collec:Eions-Y-
                 0. Trails  Y
                 P. Shelters-Y
                 Q. Observation blinds    Y
                 R. Information kiosks    Y
                 S. Recreational equipment-Y-
                 T. Canoes  Y
                 U. Ranger residence  - Y
                 V. Food service-Y-
                 W. Kitchen   Y
                 X. Boats  Y
                 Y. Vehicfe-s ATV's
                 Z. Tractors-Lawn  -mower-Snow-removal-
                 AA. Heavy equipment
                 AB. Fuel storage_Y  -
                 AC. Equipment storage_Y_
                 AD. Security_Y_;personnel-Y-equipment-Y-
                 AE. Other



         10. Comments

                Summary needs of the DNERR Education & Research Center:

                 22500 sq ft     (Common space = halls - 2000; display-1000;

                 sales - 200; auditorium/ conf / classrms - 8000; restrms -

                 400; lobby - 1000; = 14600 sq ft + 9900 sq ft, individual

                 needs = offices - 5000; library - 800; ed lab - 900; bio

                 lab - 600; chem lab-400; visitors lab            200; storage -

                 2000).

         Note:   These figures have been modified by an architect's scoping
         of the Center. Further modifications have occured during the
         detail  design phase. (see figures 8 - 13 for design phase plans).


                                        106
















                                                                                                                                                                                                          TREETOP
                                                                                                                                                                                              C.         ELEVATION
                                                                                                                                                                                          TRE              74A**
                                                                                                                                                                                          ELEVA
                                                                                                                    PROPOSED SEPTIC FIELD AREA
                                                                                                                                                                      TR
                                                                                                                                                                     ELEV 13
                                                                                                                                              TREETOP                   61
                                                                                                                                              ELEVATION
                                                                                                                         TREETOP                69,*
                                                              PROPOSED WELL LOCATION                                    ELEVATION

                                                                   LANDSCAPED AREA
                                                                                       TREETOP                                                                                                                4b
                                                                                      El EVATION                                                                                                                 CL
                                                                                          68'ï¿½                        5


                                                                                              Orr
                                                                TREE-TOP
                                                               ELEVATION
                                                                 80'ï¿½

                                            VISrrOR PARKJNG                                                                   ko;
                                              (50 SPACES)                                                          w                                        TREETOP
                                                                                                                                                           ELEVATION
                                                                                                                                                              85'ï¿½

                                                              TREETOP
                                                              ELEVATION
                                                                                                                                                                LANDSCAPED AREA
                                                                                                                                               TREETOP
                                             BUS PARKJNG                                                                                      ELEVATION
                                              (4 SPACES)                                                                                         85*ï¿½
                                                              TREETOP                                                                                      EMPLDYEE PARrJNG
                                                              ELEVATION
                                                                                                                                                             (48 SPACES)
                                                                91,ï¿½                                                                    EETOP
                                                                                                                                      LEVATION
                                                                                                                                       76'ï¿½



                                                                                                                                           30'x6O'SECURED AREA
                                                                                                                          TREETOP
                                                                                                                         ELEVATION
                                                                                                                            81't
                                                                                                                                                                                 FIGURE 8
                                                         TREETO                      TF EETOP           TREETOP
                                                        ELEVATIO                     E.XVATION         ELEVATION
                                                                                      5."ï¿½                67'ï¿½                                      DjbTzRR EducatiOu and Research Center
                                                                                                                                                                                 gite Plan
                                                                       L TRAIL SYSTEM
                                                                                                     STORMWATER MANAGEMENT AREA
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                 PHASE I
                 D.N.E.R.R. EDUCATION & RESEARCH CENTER                                                                                                                                                                                 Anderson Brown ifigicy Amcpas
                 ST. JONES NECK                                    DOVER, DELAWARE                                                                                                                                                                       163114-U.A. 2@
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       D.N.E.R.R. EDUCATION                                                 & RESEARCH CENTER                                                                                                   a        I T a   9 T 0

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       ST. JONES NECK                             DOVER, DELAWARE                                                                                                                                          W4.60M US IFM














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        U.N.E.R.R. EDUCATION &                                                             RESEARCH CENTER                                                                                                    A 4 C N I f 1 4 T I
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        ST. JONES NECK                                  DOVER, DELAWARE                                                                                                                                                      W*gv-. DIE "Of
















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                                      PHASE I
                                                                                                                                                                                                                                                      B@ I lisky A@
                                      D.N.E.R.R. EDUCATION & RESEARCH CENTER
                                      ST. JONES NECK                                  DOVER, DELAWARE














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                                                                                     -7





                                                                          FIGURE 13

                        PHASE I
                                               if Fm


                                                                                                                                    If









                        D.N.E.R.R. EDUCATION 8t RESEARCH CENTER                                                                                                                     B@ HigLy A"@v
                        ST. JONES NECK                     DOVER. DELAWARE                                                                                                               1621 N.
                                                                                                                                                                                              Of 190M









         VISITORS BARN EXPANSION

             The John  Dickinson Mansion's Visitors Barn is planned to be
         expanded to  include an area that will be dedicated to the
         Reserve. The location of the Barn is within the St. Jones
         component and is ideal for receiving unscheduled visitors. The
         State Bureau of Museums and Historic sites will present a
         historical and cultural use of the Reserve with an overview of
         the estuarine values that have been important to these uses. This
         will allow the focus of the Education and Research Center to
         receive scheduled visitors who have particular interests in
         estuarine management.



         TRAILS, BOARDWALKS AND BOAT ACCESS


             The trails of DNERR are the foundation of the Reserve's
         environmental, historical and cultural education programs. The
         DNERR has located within its boundaries two greenways of the
         State's Greenway Program and therefore eligible for funds to plan
         and construct trails within the Reserve.

             The construction of the boardwalk will be by far the most
         costly of the trail system, however the benefit that the public
         will receive will exceed the costs and stimulate a much greater
         appreciation of the extensive trail system that runs through the
         buffering areas adjacent to this highly productive and culturally
         rich estuary. The boardwalk design was contracted with the USDA
         Soil Conservation Service which also included inspection by the
         SCS to insure proper installation. The boardwalk was designed to
         meet permit requirements which now call for at least 4 feet of
         elevation above the marsh sediments. The boardwalk is handicapped
         accessible, 6 feet wide and includes 2 lower education stations
         for an intimate experience with the marsh. The boardwalk will
         also cross a small gut that includes a canoe launching area to
         access the waterway trails that wind their way through the
         estuary.

             Two brochures with a trail marking system will be developed
         to initiate the trail user to this environmental/cultural
         greenway. Both brochures will be available near the Logan House
         with the DNERR section starting from that point and proceeding to
         the proposed DNERR Center. When the Center is completed the trail
         will be reversed.












                                    113








                     2. Costs


          Education  and Research Center

                     Construction..@  ...............................    3,518,400
                     Architecture/Engineering    ..................... $ 260,000
                     surveying  ....................................         9,000
                     Testing  ......................................       15,000
                     septic .......................................        41,000
                     Well  .........................................       25,000
                     Electricity  ..................................      200,000
                     Equipment  ....................................      200,000
                     Telephone  ....................................       25,000
                     Moving .......................................          8,000
                     Furniture  ....................................      100,000
                     Landscaping  ..................................       20,000
                     Paving .......................................        70,000
                     Misc  .........................................         3,000
                     Conditional Site Approval    ....................         600
                     Planning .....................................        50,000

                     TOTAL ........................................   $4,545,000

          Visitors Barn Expansion

                     Architecture/Engineering    .....................$    30,000
                     Construction  ......................                 185,000
                     Contingency  .......................           ...    45,000
                     Furniture  ....................................       10,000
                     Displays ......................................      185,000

                     TOTAL ........................................   $ 455,000

          Trails, Boardwalks, and Boat Access


             PHASE I - SECTION 2: DNERR E&R CENTER TO KINGSTON-UPON-HULL


                                UPLAND TRAIL CONSTRUCTION


          LENGTH = 6,500 feet
                3,000 feet = field edge; 3,500 feet = wooded edge

          MATERIALS
                stone dust = $4.70/linear foot x 1500 = $ 7,000
                wood chips = $1.80/linear foot x 5000 =        3,000
                sign posts = $500
                grass seed = $500.
                brochures & trail markers       $ 6,000

          EQUIPMENT = $1,  000
          FOREMAN = $1,500
          PRISON LABOR = $500
          MISC.= $500

          TOTAL                                                  $20,500



                                        114










                           BOARDWALK TRAIL CONSTRUCTION


         LENGTH = 1,300 feet

         ENGINEERING = $6,000
         INSPECTION = $4,000
         CONSTRUCTION = $250,000

         TOTAL                                              $260,000




                   3. Environmental Assessment and Engineering Report

              The Education and Research Center will be located as close
         to the tidal wetlands of the St. Jones River as practical (there
         will be no wetlands disturbance and wetlands will be buffered).
         In order to achieve this desired location, the structure will be
         in or near the 100 . year f lood zone and near the ef f ects of
         shoreline erosion. The facility will be designed to be located on
         upland that is currently cleared agricultural lands with a buffer
         zone that will protect the effects of the projected 100 year
         migration of the shoreline. The structure will be elevated above
         the projected 100 year flood elevation.

              The Delaware State Historic Preservation Officer has been
         consulted throughout the process of developing plans for the
         Center because the Center will be partially visible from the John
         Dickinson mansion, a National Historic Landmark.                 An
         archaeological survey has been conducted to identify
         archaeological sites which might be impacted by the construction.
         Design criteria have been developed to ensure that the Center
         will not have an adverse visual impact on the Dickinson Mansion.
         The site plan has been designed to ensure that the 19th century
         tenant site will be avoided. The DNREC Cultural Heritage Program
         is in the process of developing documentation to support a
         finding of No Adverse Effect.

              The Center site location is between two runway approaches of
         the Dover Air Force Base. The Air Installation Compatible Use
         Zone (AICUZ) study prepared by the Base indicates that the
         preferred Center locations are not within accident potential
         zones nor within intolerable noise level areas. Also to be noted
         that the -development of the Center and the operation of the
         Reserve will not increase hazards to the aircrafts such as
         increased bird populations     that could cause problems to jet
         engines.

              The temporary changes that were caused by the trails,
         boardwalks, and boat access were the disturbances in wetlands
         that resulting from the installation of the pilings for the
         boardwalks. The pilings were driven down to a firm foundation.
         The equipment traveled on mats causing damages to the vegetation,
         however no excavation or fill occurred leaving original marsh


                                     115








           sediments at existing elevations, allowing for moisture and
           nutrient availability for recovery of plant growth. The boardwalk
           met Dept. of the Army GP-20 permit conditions that allows light
           access to the disturbed areas under the boardwalk for plant
           needs.


                The need to access water   and marsh levels for education and
           research required lower elevations of platforms than that of the
           rest of the boardwalk. Sizing and spacing of boards will be
           installed to maximize light availability to the marsh. Some plant
           growth may be altered in these areas. This impact to the wetlands
           will present an opportunity to monitor the effects. Especially
           valuable may be the ramped docking area that may show changes in
           plant growth as the boardwalk lowers in elevation. This
           information should prove to be valuable in supporting the current
           policies or providing information to improve the decision making
           process for these types of activities.

                The boardwalk may alter the travel patterns of larger
           mammals such as deer, however the four foot minimum elevation of
           the boardwalk may be sufficient to allow some travel patterns to
           continue or to develop.

                Increased public access will disturb some of the wildlife,
           however this may be offset by decreased hunting that has occurred
           in this area (hunting this close to the DNERR Center will not be
           permitted).

                Equipment required to drive the pilings used mats in order
           to reduce the potential for elevation changes in the marsh.
           traffic across the marsh were confined to the area required to
           install the boardwalk and kept to a minimum amount of trips.

                After completion of the project, the need for traffic on the
           marsh was reduced by use of the boardwalks.



                C. SCHEDULE FOR CAPITAL IMPROVEMENTS


                YEAR I


                Education and Research Center
                     Design & Engineering  ......................... $ 175,000
                Trails, Boardwalks, and Boat Access
                     Design, Engineering & Construction   ........... $ 280,500

                YEAR 2


                Education and Research Center
                     Site Preparation & Construction   .............. $3,529,000
                Visitors Barn
                     Design & Engineering  ......................... $    30,000





                                       116









               YEAR 3


               Education and Research Center
                    Construction, Furniture & Equipment    .......... $1,016,000
               Visitors Barn
                    Site Preparation & Construction,
                    Furniture & Displays   ......................... $ 425,000



               D. MAINTENANCE


         Education and Research Center

         Annual Operating Costs

                    maintenance  .................................. $   22,200
                    Energy  .......................................     34,200
                    Roads & Grounds  ..............................       5,000
                    Custodial  ....................................     29,400

                    TOTAL  ........................................ $   90,800


         Visitors Barn Expansion

         Annual Operating Costs
                    Maintenance  .................................. $     1,000
                    Energy  .......................................       1,500
                    Roads & Grounds  ..............................          500
                    Custodial ...............................             .11000
                    TOTAL ...................................             4,000





























                                       117









          XVI. AFFECTED ENVIRONMENT


          LOWER ST. JONES RIVER



               A. ST. JONES COMPONENT PHYSICAL ENVIRONMENT


                    1. Climate


               Central Delaware has a climate with well-defined seasons.
          The Atlantic ocean, Delaware Bay, and Chesapeake Bay exert
          considerable modifying influence on the climate. Easterly winds
          off the Atlantic Ocean and Delaware Bay tend to raise the winter
          temperature and to lower the normal summer temperature. This
          temperate, rather humid climate is typical of most coastal areas
          of the Middle Atlantic States.

               The warmest period of the year is the last part of July,
          when the maximum afternoon temperature averages 89 degrees F.
          Temperatures of 90 degrees or higher occur on an average of 31
          days a year. Extremes of 100 degrees or more can be expected I
          year in 4. The coldest period is the last part of January and the
          beginning of February, when the early morning temperature
          averages near 24 degrees. The average number of days when the
          minimum temperature is 32 degrees or lower is 90. Temperatures of
          0 degrees or lower can be expected 1 year in 6.

               The annual precipitation averages 46 inches. The monthly
          distribution is fairly uniform during the year. The average
          seasonal snowfall (October through April) totals 16 inches,with
          snowfall ranging from only a trace to more than 45 inches.
          Drought may occur in any season, but a serious drought is most
          likely in summer. Thunderstorms average 30 days a year with
          three-fourth occurring between May and August. Tornadoes average
          only one a year throughout Delaware causing little damage.
          Hurricanes occur in Kent County about once a year, usually in the
          period August through October with minor damages. The prevailing
          winds are f rom west to northwest most of the year but are more
          southerly in the summer. The average annual windspeed is about 9
          miles per hour, but winds of 50 miles per hour or more accompany
          severe thunderstorms, hurricanes, and general winter storms
          (northeasters).

                    2. Hydrology

               The Lower St. Jones River is tidally influenced, with a mean
          tidal amplitude at the river mouth of almost 5 feet. (U.S. Dept.
          of Commerce, 1989).    Tidal amplitude is somewhat attenuated
          upstream in the area of Barkers Landing. River widths within the
          lower basin typically range from 125 to 200 feet, with channel
          depths of 5 to 15 feet at low tide.

               The expansive tidal wetlands of the lower St. Jones River
          basin were parallel-grid-ditched for saltmarsh mosquito control
          during the 1930's, and these ditches were last reexcavated in the


                                     118







         mid-19601s. This grid-ditching radically altered wetlands surface
         hydrology. While the grid-ditches eliminated some mosquito
         breeding, the basic engineering concepts of grid-ditching for
         pest control efficacy were not sound, and today much of the grid-
         ditched marsh in Delaware must be treated with aerially-applied
         insecticides and is scheduled for further treatment with newer,
         more environmentally-compatible techniques having high pest
         abatement efficacy (e.g. Open Marsh Water Management).     Much of
         the standing water habitat associated with pools and pannes of
         the marsh surface was lost as a result of the parallel-grid-
         ditches (which were spaced about 150 feet apart).      Today, even
         though the grid-ditches of the St. Jones River basin haven't been
         recleaned for 25 years, most of the marsh's aquatic habitat
         continues to be drained at low tide.    Almost all tidal wetlands
         in Delaware have been parallel-grid-ditched, as have over 90% of
         the coastal wetlands from Maine to Virginia.

              The entire St. Jones River watershed drains an area of
         approximately 54,000 acres of east central Kent County.       Fifty-
         one percent of this drainage basin is agricultural, 11 percent
         urban,  and 38 percent classified as "other"             (primarily
         forest/woodland). Water quality within the Lower St. Jones River
         is subject to periodic degradation.    Depressed dissolved oxygen
         levels are common to this section of the river during the summer
         months, possibly due to natural benthic demand or influx of
         naturally anoxic water from adjoining wetland areas (DNREC,
         1988). Base nutrient levels (nitrogen and phosphorous) are
         considered to be low to moderate.     After the advent in 1973 of
         the Kent County Regional Treatment Plant on the Murderkill River
         near Frederica, most all discharges of treated or partially
         treated sewageinto the St. Jones River had ceased by the 19801s.
         However, PCB levels in fish flesh from the St. Jones River has
         prompted a human health advisory against fish consumption, in
         effect since 1988. Salinity levels throughout this section vary
         seasonally, with a typical range between 3 and 20 parts per
         thousand, dependent upon distance upstream from Delaware Bay and
         recent rainfall events.


                   3. Geology

              The St. Jones component is within the Coastal Plain Province
         approximately 45 miles south of the Appalachian Piedmont Fall
         Zone. The Piedmont-type rocks are covered by a thick wedge of
         unconsolidated and semiconsolidated sedimentary rocks. The oldest
         and most extensive of these sediments are at the base of the
         Potomac Formation and are about 120 million years old. It
         consists of color-banded clays with interbedded sands which
         eroded off the ancestral Appalachian Mountains. The Magothy
         Formation was deposited next with its very distinct white sands
         and black lignite suggesting a transitional environment from
         stream deposits to marine, much like that found in a delta.
         Layered on top of the Magothy are marine formations of Cretaceous
         through Eocene age with the Piney Point Formation being the
         youngest. Above this is an unconformity which represents a gap in
         the sedimentary record during which no sediments have been


                                     119







           preserved (Oligocene age). Later, the sea again covered most of
           Delaware and deposited -the Chesapeake Group (Miocene age). This
           group consists of interbedded silts and sands and reaches a
           thickness of 400 feet at the St. Jones. Many of the sandy layers
           contain important supplies of water for municipal and industrial
           use in the Dover area. The repeated advance and retreat of
           continental glaciers during the past one to two million years
           (Pleistocene age) caused drastic changes in relative sea level
           and the configuration of streams draining from the glaciers. The
           resultant Columbia Group and Formation consists of channel
           deposits from meltwater runoff which supplies most of the sands
           and gravel for construction. Sand and gravel are the most
           important mineral resources in Delaware with the most potential
           source for Kent County being in and around the St. Jones
           component area.

                     4. Topography

                The St. Jones watershed is a plain that slopes gently up-
           ward and westward from the Delaware Bay to the Chesapeake Bay
           watershed at a high of 72 feet creating a gradient of only 4 feet
           per mile over the length of the 15 mile watershed. At the reserve
           component the width of the watershed is only 2 miles with a
           maximum elevation of 20 feet causing only a slightly steeper
           gradual gradient.

                B. ST. JONES COMPONENT BIOLOGICAL ENVIRONMENT


                     1. Flora

                Much of the area adjacent to the river is vegetated by
           intertidal persistent emergent wetlands, typically extending 500
           to 3500 feet from the river's edge. These wetlands are vegetated
           primarily by saltmarsh cordgrass, Spartina alterniflora, which is
           Zone I tidal wetlands as classified in An Atlas of Delaware's
           Wetlands and Estuarine Resources (Daiber it al, 1976).       In the
           Lower St. Jones River watershed, over 90% of the tidal wetlands
           are Zone I habitat.    Patches of Zone II wetlands, dominated by
           saltmeadow cordgrass (Spartina patens) and saltgrass (Distichlis
           spicata) which in combination form the salt hay community, are
           scattered throughout the higher elevations in Zone I.            Big
           cordgrass, S. cynosuroides, and common reed, Phragmites
           australis, are found along creekside levees and in the backmarsh
           near the upland edge.     Wetland areas upstream of Rt. 113 at
           Barkers Landing are vegetated primarily by mixed stands of S.
           alterniflora and S. cynosuroides.         Wetland shrub species
           (groundselbush, Baccharis halimifolia,, and marsh elder, Iva
           frutescens) also occur in tidal wetland areas of higher
           elevation.    A limited amount of palustrine forested wetlands
           occur at the head of the numerous tidal creek tributaries to the
           St. Jones River.    Wetland types in the Lower St. Jones River
           estuary, according to the classification scheme of the USFWSIs
           National Wetlands Inventory, are given in Fig. 14.      Some upland
           agricultural areas are also included within the component.



                                       120







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                     2. Fauna

                The Lower St. Jones River site is the      focal component of
           Delaware's dual-component Research Reserve.          Its location
           adjacent to the intensively-managed Ted Harvey Conservation Area
           gives the area a diversity and abundance of fish and wildlife as
           great as any area in the State.     In addition, the extension of
           the Reserve boundaries to include an area of nearby Delaware Bay
           bottom will further complement the diversity of fauna at this
           component.   Based upon surveys conducted on the adjacent State
           Wildlife Area, nearly 100 species of birds may be found on the
           Reserve site, including ducks, geese, wading birds,- shorebirds,
           raptors, upland game birdsl and song birds.              Particular
           importance is attached to black duck, mallard, gadwall,
           bluewinged teal, wood duck, bobwhite quail, ringnecked pheasant,
           American woodcock, mourning dove and recently reintroduced turkey
           because of their importance as game birds and their occurrence as
           nesting species in the wetlands and upland fringe. Avian species
           such as the blacknecked stilt, black tern, American avocet, and
           black skimmer are relative newcomers to the area, and their
           occurrence is believed to be closely allied to the construction
           of impounded tidal wetlands on the Ted Harvey Conservation Area.
           Many incidental or infrequent visitors have also been observed,
           and provide an annual attraction for many bird watchers from all
           over the eastern seaboard. Important raptors that have been seen
           on the site include osprey, peregrine falcon, Cooper's hawk,.red-
           tailed hawk, rough-legged hawk, Northern harrier (marsh hawk) ,
           and great horned owl.      In addition, at least 11 species of
           warblers and over 20 species of shorebirds frequent the site in
           varying numbers during migration periods. The critical nature of
           the Delaware Bay shoreline on the east side of the component as
           foraging habitat for migratory shorebirds, especially during late
           May and early June when the horseshoe crabs are spawning on the
           beaches, has led to the designation of this shoreline as part of
           the Western Hemisphere Migratory Shorebird Reserve Network.

                All mammals common to Delaware can be found in the wetlands
           and forest fringes of the Lower St. Jones River.        The white-
           tailed deer, cottontail rabbit, gray squirrel, raccoon, red fox,
           opossum, and woodchuck are abundant game animals, while muskrat,
           mink, and otter are the primary furbearers taken by trappers
           within the Reserve and adjacent marshes.      Hunting and trapping
           are intensively regulated on the adjacent State Wildlife Areas
           for public enjoyment, with such activities on the private lands
           within the Reserve controlled by the property owners.        Habitat
           management within the adjacent State Wildlife Areas has
           demonstrated successful techniques for maintaining high game
           populations consistent with an optimum annual harvest.

                Many reptiles and amphibians occur on the     component.    six
           species of turtles, several types of snakes, frogs and toads, and
           salamanders have been f6und, associated with habitats that range
           from uplands and forested wetlands to freshwater marshes and
           tidal ponds. Educational and research opportunities are good for
           this group of fauna.



                                       122








               The Lower St. Jones River and nearby Delaware Bay bottoms
          serve as nursery and feeding habitats for many estuarine fish and
          shellfish.   Important commercial and sport fish include white
          perch, blueback herring, summer flounder, American shad,
          alewives, menhaden, catfishes, eels, mullet, weakfish, bluefish,
          and striped bass.     Forage and mosquito-predacious fishes are
          abundant in the main river, tidal creeks and pools, including
          sticklebacks, sheepshead minnow, bay anchovy, mummichog, and
          silversides.    Both the Lower St. Jones River and adjacent
          Delaware Bay bottom have historically supported extensive oyster
          beds which have been seriously depleted in recent years.         The
          blue crab is currently important, both commercially and as a
          recreational source.     There is an excellent opportunity to
          conduct research necessary to restore or maintain shellfish
          resources, both at and away from this component.

               C. ST. JONES CULTURAL AND HISTORICAL RESOURCES


               The St. Jones DNERR component spans the interface between
          two environmental zones of importance in prehistoric settlement
          systems.   Both the mid-drainage and coastal zones provided
          favorable settings for large and small settlements, and the
          diversity of floral and faunal species where these two zones come
          together provides a particularly rich resource base for hunting
          and gathering peoples. Sites in this area provide an opportunity
          to study human adaptation to a developing estuarine environment
          over more than 8,000 years.    In the mid-drainage section of the
          study area, there is a medium probability of base camps and
          procurement sites from  'the Archaic Period (6500 B.C. to 3000
          B.C.) and the Woodland II Period (A.D. 1000 to A.D. 1600). There
          is also a high probability for the entire range of Woodland I
          Period (3000 B.C. to A.D. 1000) sites. For the coastal segment,
          there is a medium probability of Archaic procurement sites and a
          high probability of Woodland I and Woodland II base camps and
          procurement sites.

               A total of 32 prehistoric archaeological sites in the upland
          areas fringing the marsh along the St. Jones River DNERR
          component have been reported in the Cultural Resource Survey
          maintained by the Delaware Bureau of Archaeology and Historic
          Preservation.    In 1978, the entire area was subjected to a
          reconnaissance level survey conducted by the Kent County
          Archaeological Society (KCAS) , a chapter of the Archaeological
          Society of Delaware, under a survey and planning grant from the
          National Park Service. Professional supervision was provided by
          the Division of Historical and Cultural Affairs (HCA).           The
          survey covered St. Jones Neck (on the north side of the St. Jones
          River) and the northern portion of Murderkill Neck (on the south
          side of the St. Jones River. Fieldwork for this survey included
          controlled surface collection by walking over cultivated fields
          in parallel transects about 10 meters apart.            Each field
          containing artifacts was assigned a site number.            Separate
          artifact concentrations in each field were defined as subareas
          and designated by letter.

               As a result of this survey, significant archaeological sites


                                      123








           on the north side of the St. Jones River were nominated to the
           National Register of Historic Places as part of a multiple
           resource nomination for St. Jones Neck. The boundaries of the St.
           Jones Neck Historic District have been defined to include
           historical archaeological sites and buildings which preserve
           elements of the 18th and 19th century architecture and settlement
           pattern (see figure 15).    Architectural survey south of the St.
           Jones River has been completed at the reconnaissance level, but
           evaluation is not complete.

                In addition to these location/ identification surveys, the
           area around the Lower St. Jones River component has been included
           in studies which focused on the development and testing of models
           for prehistoric settlement.      The first of these studies was
           conducted by the University of Delaware Center for Archaeological
           Research (Custer and Galasso 1983), and was designed to test non-
           quantitative settlement models for Delaware's Low Coastal Plain.
           Site data from this study were used to develop a quantitative
           predictive model for site location using LANDSAT -generated
           environmental data (Custer, Eveleigh,     and Klemas 1983).      This
           LANDSAT-generated model was then tested   in a later study (Gelburd
           1988).

                In the 1980's two studies were      conducted that involved
           archaeological testing in the St. Jones DNERR component area. A
           survey of the proposed dualization of Rt. 113 between Little
           Heaven and Dover AFB was completed by the Delaware Department of
           Transportation (Cunningham 1980). Surface collections from five
           sites were reported and two sites were recommended for further
           testing.   Site 7K-F-88 contained prehistoric and 17th century
           historic components, while site 7K-D-35 appeared to be an early
           Woodland I microband base camp with intact deposits below the
           surface.


                Further research was carried out by the University of
           Delaware Center for Archaeological Research at the Barker's
           Landing site (7K-D-13) in 1983.     Testing and controlled surface
           collections revealed that the artifact assemblage came primarily
           from mixed plowzone/sutface contexts.       The types of ceramics
           recovered however were diagnostic of the early Woodland I period
           and included Marcey Creek, Seldon Island,   and Wolfe Neck wares as
           well as fragments of stone bowls made from steatite.            These
           ceramics represent a time range             from    2000-500    B.C.
           Concentrations of argillite were associated with adjacent fire-
           cracked rock concentrations.      These features also contained
           steatite sherds, points and bifaces.      The production of usable
           tool forms from argillite blanks was a major activity and may be
           related to the production of generalized fish processing tools
           (Custer 1984:10).   The Barker's Landing site was located at the
           oligohaline boundary, or freshwater/saltwater interface,
           reconstructed for initial Woodland I times (Belknap and Kraft
           1977, Custer 1989:223).    The rich estuarine resources along the
           mid-drainage zone provided a highly predictable environment with
           a high potential for population growth.          Consequently the
           Barker's Landing site became an important social center for the
           processing and redistribution of argillite in the early Woodland
           I exchange network.


                                       124








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                                                                               FIGURE 15

                                         Historical and cultural characteristics of the
                                                   Lower St. Jones River DNERR Component


                             LOWER ST. JONES SITE
                             LOWER ST. JONES NECK HISTORIC DISTRICT
                     13 ADJACENT PRIVATE UPLAND







                A review of site locations and      existing collections from
           Murderkill Neck on the south side of the St. Jones    was conducted
           by the Delaware Department of Natural Resources and Environmental
           Control (DNREC) in 1991 in order to provide a more complete
           evaluation of cultural resources from both sides of the St. Jones
           DNERR component.     This review focused on the mapping and
           identification of prehistoric site collections from the 1978 KCAS
           study. Colonial period historic collections, often from the same
           locations as prehistoric sites, are currently undergoing analysis
           by Charles Fithian, Curator of Archaeology at the Island Field
           Archaeological Museum and Research Center. These historic period
           collections indicate intense occupation beginning in the last
           quarter of the 17th century.

                The majority of the sites are multi-component micro-band
           base camps. Base camps included ceramics and a variety of stone
           tools, while procurement camps were more limited in the variety
           of tools and included no ceramics. At least 20 base camps and 10
           procurement sites are present in the study area, while 2 site
           locations were based on information from local collectors with no
           other information available. Sites 7K-D-12 and 7K-D-13 are
           contiguous and represent the only macro-band base camp within the
           St. Jones DNERR component. Artifact concentrations and features
           from this site complex were scattered over a half mile wide area.
           No other sites are as extensive.

                Based on the available surface collections, no sites
           produced any reliable projectiles diagnostic of the Archaic time
           period (6500-3000 B.C.) .   Site 7K-D-35 did produce an Eshback
           point which may be one of the earlier point styles found on St.
           Jones Neck. A total of 24 sites produced ceramics or projectiles
           points diagnostic of the Woodland I period      (3000 B.C. to 1000
           A.D.), while 21 sites produced artifacts diagnostic of the
           Woodland II period (1000 A.D. to 1600 A.D.). A total of 6 sites
           were undefined as to temporal period because   of the limited size
           or absence of the collection.

                Because the Woodland I period spans so    large a time period
           it is useful to separate this period by diagnostic changes that
           were occurring in the cultural complexes. These changes are most
           readily identified by differences in the methods of producing
           ceramics through time. The early Woodland I, or Barker's Landing
           complex (2000 to 500 B.C.) is identified with the use of steatite
           bowls or steatite tempered ceramics.       Twelve sites included
           ceramics or stemmed points diagnostic of the early Woodland I
           period.  This includes.7K-D-6',, 7K-D-12, 7K-D-13, 7K-D-35, 7K-D-
           42, 7K-D-45, 7K-D-47, 7K-D-48, 7K-D-52, 7K-F-13, 7K-F-81 and 7K-
           F-97. The Barker's Landing site (7K-D-13) was a large macro-band
           base camp located at the oligohaline boundary c.a. 2000 B.C.. The
           remaining sites appear to be micro-band base camps.

                The Wolfe Neck (500 B.C. to 0 A.D.) and Carey (0 A.D. to 500
           A.D.) complexes appear to witness a slight contraction in the
           number of sites occupied.       A total of six sites produced
           Coulbourn, Wilgus or Nassawango types of ceramics attributed to
           the Wolfe Neck complex (7K-F-21, 7K-F-81, 7K-F-93, 7K-D-45, 7K-D-
           47, and 7K-F-86).      Eight sites produced Mockley ceramics


                                       126







         characteristic of the early Carey complex (7K-F-13, 7K-F-88, 7K-
         F-93, 7K-F-96, 7K-F-84,-7K-F-86, 7K-D-45, and 7K-D-47). Macro-
         band base camps for these respective complexes were relocated two
         and three miles further upstream        as the freshwater/ saltwater
         interface continued to move inland.

              The Late Carey (500 A.D. to 1000 A.D.) complex brought a
         resurgence in the number of sites occupied in the Coastal Zone.
         A total of eleven sites produced Hell Island ceramics associated
         with this complex. These sites are 7K-D-6, 7K-D-47, 7K-D-48, 7K-
         D-58, 7K-F-13, 7K-F-21, 7K-F-81, 7K-F-88, 7K-F-86, 7K-F-93, and
         7K-F-96.    No macro-band base camps have been found located
         anywhere on the St. Jones River for this time period, or for that
         matter, in Kent County.      Custer (1989:295) has interpreted the
         change in settlement patterns for the Late Carey complex as one
         of groups choosing fission over the social investment and
         controls necessary for further political evolution.                Many
         questions remain to be resolved as to the ties and relationships
         between these groups.      In particular, what were the critical
         factors that allowed expansion of social groups into the coastal
         zone again?

              The Woodland II period (1000 A.D. to 1600 A.D.) continued
         the same pattern of population growth in the Coastal zone that
         had begun during the Late Carey complex.        A total of 21 sites
         produced triangular projectile points or ceramics identified with
         this period of occupation. of these sites, 16 included Townsend,
         Killens, or Minguanon ceramics; however twelve sites produced
         both the ceramics and diversity of tools associated with base
         camps.   These were 7K-D-6, 7K-D-12, 7K-D-13, 7K-D-45, 7K-D-47,
         7K-D-48, 7K-P-86, 7K-P-88, 7K-F-21, 7K-F-93, 7K-F-13 and 7K-F-96.
         A few small macroband base camps are located on the St. Jones
         River during the Woodland II period, but most of the larger sites
         of this time span are located further south along the rivers of
         the coastal zone.     Settlement changes for this period included
         the disappearance of previous lithic exchange systems, the
         development of sedentary, or village lifestyles, and the
         appearance of agricultural food production.

              While these studies have served to locate and identify a
         large number of prehistoric and historic archaeological sites,
         little has been done to study these sites in detail.        None the-
         less, it is clear that the prehistoric sites along the St. Jones
         River provide an opportunity to study human adaptation to a
         developing estuarine setting over more than 8,000 years.
         Ecological information preserved in datable archaeological
         contexts in these sites can contribute to a greater understanding
         of manner in which the St. Jones estuary developed. The historic
         period sites include the earliest settlements in Kent County
         (e.g. Kingston-Upon-Hull, Town Point), and offer an opportunity
         to study the early period of European settlement away from
         population centers such as New Castle and Philadelphia. The John
         Dickinson Plantation and Mansion, on the north side of the St.
         Jones River and east of Rt. 113, is within the boundaries of the
         DNERR.   The mansion, furnished with antiques, was the childhood
         home of John Dickinson (1732-1808), "Penman of the American
         Revolution."     The outbuildings and landscaping are done to


                                      127







           recreate the property as it was in the early 19th century, and as
           such the complex is a significant educational and tourist center.
           These sites also offer an opportunity to study the development of
           historic patterns of estuarine exploitation.

                D. ST. JONES ZONING AND LAND USE


                All zoning and land use in the Lower St. Jones River
           component is Agricultural-Conservation, with exception of an
           adjacent parcel of 306 acres which is zoned Industrial-General,
           owned by a sand-and-gravel excavation business, west of Rt. 113
           and on the river's north side.       This one exception to the
           Agricultural -Conservation zoning is shown by cross-  'hatching in
           Fig. 16. A conditional use permit for operation of a borrow pit
           for sand-and-gravel excavation was granted by Kent County Levy
           Court in January, 1990, for the upland area of the 265-acre
           parcel adjacent to the eastern side of the Industrial-General
           property. Another borrow pit application for a property west of
           Rt. 113 but on the south side of the river was not approved by
           the County in January 1991.   All future requests for borrow pit
           operations in Kent County have been suspended from consideraton
           until the County formulates and implements new regulations for
           the siting and operation of borrow pits.

                The two barrow pit operations will be completely outside of
           the maximum boundaries identified for the St. Jones component.
           only the wetlands and buffering woodland edge portions of the
           .Indus tria 1-Genera I zoned parcels have been considered for
           inclusion in,the Reserve. Sand and gravel operations will not be
           allowed within the State controlled Reserve.


                Two considerations that have been addressed for the Lower
           St. Jones River area -are flight paths and noise levels of
           aircraft taking-off or landing at Dover Air Force Base.    Only a
           very small portion of the      DNERR component's buffer area is
           within the "Accident Potential Area" identified by the Base, and
           all of this area within the component is west of Rt. 113.       An
           upland area within the Reserve boundaries east of Rt. 113 and on
           the north side of the river is the location for a education and
           research center and support facilities, and is within Noise
           Contours of 70 - 75 db (greater than 75 db is considered a "High
           Noise Zone") as identified by the Base (see Fig. 16). However,
           this noise level is similar to that heard by the staff and
           visitors of the Dickinson Mansion and current Visitors center.
           Measures to achieve noise level reductions of at least 35 dbs
           will be incorporated into the design and construction of
           structures where the public is received or in noise sensitive
           locations such as classrooms or research environments.

                The predominance of the Agricultural-Conservation zoning
           over several thousand acres of the         component, with the
           agricultural flavor that this imparts throughout the lower St.
           Jones River basin, in conjunction with consideration of air
           traffic patterns from Dover Air Force Base in terms of facilities
           sitings, should be conducive to and permit operation of a NERRS
           program in the Lower St. Jones River estuary.



                                      128








                       65 As     70 dbs          80 As
                                           75 b



                                                                  --------   80 dbs
                                                                       '------75 dbs                                                  F I WRE 16
                                                                                                                          Land use and zoninq within the
                                                                       EAsr DovER RNDRED
                                                                                                                      L.ower St. Jones River DNERR Component
                                       14410                      1           70 db@
                                           1                21.7                                                                  Noise Contours
                                                                       k.4
                                 100.0                                 1
                      NORTH                                            11,  13.0            1   2.
                      MMEWILL
                                                          40.0
                                 177.2                                                                     8.4
                                                              100,0
                                                                                    2S3.5                 12.0     75 dbs
                                                                         -------- ---------



                                                     .0                                     470.8
                                                      4.    43.                                                 75 As
                                                                               - ------- --------


                                                                                                                   70 d6s


                                                                                                                   65 As
                                                            T                                  ---- ---
                                                                       9-06.4
                                   M"OL I A                      11
                                                                1,12
                                                                                                          River



                                                                  76 9


                                                                 366.4                   547-3
                                   SWTfI                                    7.5.0
                                   MFUERKItL
                                   HIJNDRED                            .55.8                                                            LOWER SI    LNES
                                                                                                                                          Scale in Feet

                                                                                                                             1166  0   1166 2332 3498 4664 W30 69% M2



                                     65 Obs    1,70 dk%  _C)5 b










                 E. ST. JONES TRADITIONAL USES

                 The Lower St. Jones River estuary has a rich, intensive
            tradition of consumption of renewable natural resources that must
            be recognized and accommodated by the DNERR program in
            development of the Management Plan.      Waterfowl hunting, upland
            game hunting, muskrat trapping, and commercial fisheries (e.g.
            crab and eel potting, gill netting) all occur within the main
            channel of the St. Jones River, its tributaries, or throughout
            the contiguous wetlands.    The recreational fishing pier at the
            State-owned St. Jones River Access Area (on the south side of the
            River, west of Rt. 113 at Barkers Landing) is used by local
            citizens primarily for crabbing and fishing for white perch and
            catfish.   A private trap-and-skeet shooting club leases several
            acres of upland fringe and tidal wetlands adjacent to the Rt. 113
            bridge, just to the east of the bridge on the south side of the
            River. These and other traditional outdoor activities should be
            accommodated by the Reserve program.





            UPPER BLACKBIRD CREEK


                 A. BLACKBIRD COMPONENT PHYSICAL ENVIRONMENT


                      1. Climate

                 The Blackbird Creek component has a humid, continental
            climate that is modified by the Ocean and Bays. The component is
            only 20 miles north and along the Delaware Bay coast from the St.
            Jones component and experiences similar climatic conditions as
            that described for the St. Jones.

                      2. Hydrology

                 Much of the upper Blackbird Creek is tidally influenced.
            The mean tidal amplitude at Taylors Bridge is almost 3 feet (U.S.
            Dept. of Commerce, 1989).     The most landward reaches of this
            upper segment are non-tidal.     Typical creek widths within the
            upper creek range from 150 to 200 feet in the tidal section, to
            only several feet wide in the non-tidal areas nearer the
            headwaters.   Salinities range from 0 ppt (freshwater) in the
            headwater areas to as high as 7 ppt at the lower end of the
            Reserve at Taylors Bridge (salinities at the mouth of Blackbird
            Creek connecting to Delaware Bay may go as high as 10 ppt) .
            Water depths in Upper Blackbird Creek range from over 15 feet
            deep in the center channel at high tide near Taylors Bridge, to
            less than two feet in the upstream center channel at low tide.
            The upper Blackbird Creek is often characterized by wide mudflats
            in the creek corridor at low tide. Emergent intertidal wetlands
            dominate the areas along the tidal section of the creek.
            Wetlands edges along the non-tidal section of Blackbird Creek are
            dominated by palustrine forested wetlands.



                                        130







             The entire Blackbird Creek watershed has a drainage area of
        about 20,000 acres. Fifty-one percent of the basin is considered
        agriculture, 1% urban, and 48% "other" land uses (mainly
        forested). Basic water quality within the Blackbird Creek system
        is considered good.      Bacteria levels are, however, sometimes
        considered excessive, apparently due to non-point sources (DNREC,
        1988). Nitrogen and phosphorous are considered to be present at
        low to moderate levels.

             The Upper Blackbird Creek is a relatively undisturbed
        section of a large, tidal wetlands system fringed by oak-beech-
        maple forest and open farmland.     Waters of the Reserve vary in
        salinity from 0 ppt at the inland extreme to 7 ppt at the seaward
        end at high tide during low rainfall periods.

                   3. Geology

             The Blackbird component is within the Coastal Plain Province
        approximately 25 miles south of the Appalachian Piedmont fall
        Zone and displays essentially the same geological characteristics
        as that described previously for the St. Jones.

                   4. Topography

             The Upper Blackbird Creek watershed slopes gently upward and
        westward from the Delaware Bay to the Chesapeake Bay watershed at
        a high of 82 feet creating a gradient of 16 feet per mile over
        the length of the 5 mile watershed. At the reserve component the
        elevation varies from 0-to as much as 57 feet in as little as a
        quarter mile with gently rolling slopes for approximately 2 miles
        to the extent of the watershed.


             B. BLACKBIRD COMPONENT BIOLOGICAL ENVIRONMENT


                   1. Flora

             The wetlands vegetation of the Upper Blackbird Creek estuary
        is characterized by two major zones as classified in An Atlas of
        Delawarefs Wetlands and Estuarine Resources (Daiber e@-al, 1976).
        Zone I covers the easternmost seaward quarter of the component.
        This zone, known as the saltmarsh cordgrass marsh, is dominated
        by saltmarsh cordgrass (Spartina alterniflora).         This stout,
        erect grass occurs as a tall-form near the water's edge, with a
        smaller dwarf-form behind it extending to the level of mean high
        water.   Some fringes of this zone have common reed (Phragmites
        australis).    Other associated species found at slightly higher
        elevations are saltmeadow cordgrass (Spartina patens), big
        cordgrass (Spartina cynosuroides), salt grass (Distichlis
        spicata), salt wort (Salicornia spp.), high tide bush (Iva
        frutescens), and groundsel bush (Baccharis halimifolia).

             Most of the lower Blackbird Creek estuary has been overrun
        by phragmites, forming a dense, monotypic cover over vast
        expanses of wetlands.    This incursion has also occurred upstream
        into some of the more seaward portions of the Reserve component.



                                     131







                The upper landward 3/4 of the component is characterized by
           the highly diverse Zone V transition marsh.      No single species
           dominates this transition zone; it is a varied mixture of species
           grading from the cordgrass marsh to a freshwater marsh. Species
           found in this zone are saltmarsh cordgrass, big cordgrass, common
           reed, marsh mallow (Hibiscus ipalustris) , three-squares (Scirpus
           spp.), cattails, (TyRha spp.), wild rice (Zizania aquatica),
           arrow-arum (Peltandra virainica) , pickerel weed (Pontederia
           cordata) , and salt-marsh water hemp (Acnida cannabina) .       This
           area often has extensive mudflat habitats exposed within the
           creek corridor at low tide.

                The upland fringe included in the component is a mixture of
           shrub and tree species.     Typical of this area are white oak
           (Quercus alba), southern red oak (Quercus falcata), post oak
           (Quercus stellata) , loblolly pine (Pinus taeda) , red maple (Acer
           rubrum,), sweet gum (Liquidambar styraciflua), American holly
           (Ilex opaca), black cherry (Prunus serotina), sassafras
           (Sassafras albidum), flowering dogwood (Cornus florida), tulip
           poplar (Liriodendron tulipifera), arrowwood (Viburnum spp.), and
           blackberry (Rubus spp.).

                The wetlands types of the Upper Blackbird Creek according to
           the USFWS's classification scheme (National Wetlands Inventory)
           are given in Fig. 17.

                While not part of the    Reserve, the non-estuarine wetlands
           west of Rt. 13, further upstream of the Reserve, are interesting
           habitats for study, particularly in terms of their unique biotic
           assemblages and their unknown interactions with downstream,
           estuarine areas.    Much of this non-tidal palustrine wetlands
           habitat is found in Blackbird State Forest and in other forested
           areas south of Townsend, all within about 5 miles from the center
           of the Reserve.    While most of the wetlands of this area are
           dominated by maple-gum associations, there are dozens of Delmarva
           Bays scattered throughout this region. These topographic swales
           or depressions, none larger than a few acres, are wetlands unique
           interms of their geology, hydrology, and biota.

                     2. Fauna

                Its isolation from human    disturbance, diverse freshwater
           food plants, and abundant aquatic invertebrate populations make
           it an attractive waterfowl breeding area.     Black duck, mallard
           and wood duck are among the most common nesting species. During
           the spring and fall migration periods, extensive use is made of
           the area by most waterfowl in the mid-Atlantic region, including
           Canada geese, greenwinged teal, bluewinged teal, gadwall,
           pintail, wigeon and shoveler.         Because of the habitat's
           particular importance to black duck, its protection from further
           degradation will help to maintain a species of special concern.
           Wading birds, shorebirds, and raptors also frequent the area for
           breeding, migration, feeding and resting.        The most common
           species include great blue heron, great egret, snowy egret,




                                       132








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           glossy ibis, yellowlegs, sandpipers, kestrels, marsh hawk, osprey
           and bald eagle.    During a site selection field trip in April,
           1990 to the Upper Blackbird Creek, a pair of bald eagles was seen
           perched in a tall tree on an island in the middle of the
           Reserve. They have since become residents of the reserve and the
           pair are one of seven pairs of bald eagles nesting in Delaware.
           Because of the inland location from the open tide marsh, use by
           most wading birds and shorebirds may be limited, but the extent
           of use of the broad mudf lats at low tide is unknown at present.
           The area is probably of high importance to raptors because of its
           remote location and abundant prey populations. Numerous species
           of passerine birds also utilize both the wetlands and surrounding
           forest for food, cover and nesting.

                Almost all mammals common in Delaware are found in the
           wetlands and wooded fringe of this component.         The forests
           support deer, fox, raccoon, skunk, opossum, rabbit and squirrel,
           while large numbers of muskrat occur in the brackish and
           freshwater wetlands,, together with beaver and river otter in
           lesser numbers.   Trapping of furbearers, and waterfowl and deer
           hunting, are popular activities that annually remove a
           harvestable surplus.     An excellent opportunity to view and
           photograph wildlife is afforded by a canoe trip down this very
           beautiful waterway.

                The Blackbird Creek estuary provides important nursery and
           feeding habitat for several species of fish including white and
           channel catfish, weakfish, hogchoker, white perch, black drum,
           bay anchovy, menhaden, spot and eels, together with a diversity
           of benthic organisms including blue crabs. Sport fishing is also
           a popular activity at this component for   species such as white
           perch, carp, yellow perch, and catfish.     In the more landward
           recesses of the Reserve, where the waters  are essentially fresh,
           the following fish species are frequently  encountered: American
           eel, eastern mudminnow, redfin pickerel, golden and spottail
           shiners, creek chubsucker, pirate perch,   brown bullhead, white
           and channel catfishes, yellow perch, white perch, pumpkinseed and
           bluegill sunfishes, and tessellated darter.           These fish
           populations and waterfowl. both make use of numerous aquatic
           insects found here, including members of the families Corixidae,'
           Notonectidae, Dyticidae, Gyrinidae, Gerridae, and Chironomidae.
           Numerous snakes, turtles, frogs and toads, and salamanders are
           resident of the component, utilizing both aquatic and terrestrial
           environments.,

                The Upper Blackbird Creek component represents a tidal
           brackish and freshwater habitat differing in estuarine plant and
           animal communities from the Lower St. Jones River component. As
           such, it offers unique and specialized opportunities for
           research, education, recreation and management. Its inclusion in
           the Delaware NERR System ensures representation of a broad group
           of estuarine habitats ranging from fresh to saline.





                                      134









         C. BLACKBIRD PREHISTORIC AND HISTORIC RESOURCES

              The Upper Blackbird Creek DNERR component spans the
         interface between two environmental zones of importance in
         prehistoric settlement systems.      Both the mid-drainage and
         coastal zones provided favorable settings for large and small
         settlements, and the diversity of floral and faunal species where
         these two zones come together provides a particularly rich
         resource base for hunting and gathering peoples.    sites in this
         area provide an opportunity to study human adaptation to a
         developing estuarine environment over more than 8,000 years. In
         the mid-drainage section of the study area, there is a medium
         probability of base camps and procurement sites from the Archaic
         Period (6500 B.C. to 3000 B.C.) and the Woodland II Period (A.D.
         1000 to A.D. 1600).

              There is also a high probability for the entire range of
         Woodland I Period (3000 B.C. to A.D. 1000) sites.        For the
         coastal segment, there is a medium probability of Archaic
         procurement sites and a medium to high probability of Woodland I
         and Woodland II base camps and procurement sites.

              A total of 73 prehistoric archaeological sites in the upland
         areas adjoining the Upper Blackbird Creek DNERR component have
         been reported in the Cultural Resource Survey maintained by the
         Delaware Bureau of Archaeology and Historic Preservation.      The
         western half of this upland area (Fig. 18) has been subjected to
         reconnaissance level survey for archaeological sites by the
         University of Delaware Center for Archaeological Research (UDCAR)
         as part of a planning study conducted for the Delaware Department
         of Transportation (DelDOT) (Custer and Bachman 1986).          The
         eastern half of the upland area was surveyed by the Delaware
         Department of Natural Resources and Environmental Control (DNREC)
         in order to provide a more complete cultural resources inventory
         for the Upper Blackbird Creek DNERR component.

              Fieldwork methods for both surveys relied extensively on
         surface survey techniques, although there are certain differences
         which must be kept in mind in comparing the results of the two
         surveys. In the UDCAR survey, the surface survey techniques were
         more controlled, and designed to determine the extent of sites as
         well as their presence. Furthermore, subsurface testing was used
         in areas where surface visibility was limited.    This means that
         the site inventory is probably somewhat more complete for the
         western half of the study area.    On the other hand, there were
         very few areas in the eastern part of the study area which would
         require subsurface testing to identify sites.

              Although the boundary between the UDCAR survey and the DNREC
         was arbitrarily defined by the requirements of the DelDOT
         planning study, it also coincides with a change in topography.
         From west to east, the character of the stream valley changes
         from a narrow floodplain with steep boundaries to a broad marsh
         with more gradual upland edges beginning at the confluence of
         Blackbird Creek with Beaver Branch. East of the boundary, there


                                    135














                                                                                                    FIGURE 18


                                                      Historical and Cultural characteristics of the
                                                                  Upper Blackbird Creek DNERR Component

                                                                                                                                                                   '-A
                         owl
                                                                                                                     9   44                                                           APPOQUINIMINK
                                                                                                                                                                                           WILDLIFE
                                                            UPPER                                                                 Tho
                                                                                                                                  Lan    in I''                                               AREA
                                                                                                                         4U
                                                  BLACKBIRD                                                    I A    HILL

                                                                                                                           7 d'
                                                                                                                                          wyding.,

                                                                                                                     ,Run



                         vxontown                                                                                                               4
                           Lake
                                                                                  F-iel@'sbcro

                                                                                                                   sturnai 1,4j
                                                                                                                      Comer                            -ItEDY SLMD
                                                                                                                                                   A
                                                                          Q    0
                                                                                                                                                          ANGt UGHT
                                                                               ine Tree Comers                                                                                                     4S3
                                                                                                 AU

                                             457
                                                                                                                                                                        I ayioFse  iridgg:',
                                                                                                                               U9




                                                                 er
                                                                                   Nayiors
                                                                                  Comer
                                                                            A OW UNIO
                                                                           MET MOIST



                               36

                                                                14




                                                                              . . . . . . . . . . . . .
                                                                                                                                 46                                               Long         491
                                       @orest@                                                      51                                                                          Sridge
                                459                                                                                              %                                                1.
                                                                                                                               A@
                                                                                                                                                                490
                                                                                                                                                       Chambersvifle
                              4M                           71


                                                                                                                                      ent
                                                  Nr


                                    172                                                                                                           4S
                                                   .-Y

                                                                                          i69.@                                                                                          eles   N


                                    C1 UPPER BLACKBIRD SITE
                                     13 ADJACENT UPLANDS
                                               DOT SURVEY AREA







         are few landforms which extend above the 50 ft. contour interval,
         while to the west topographic highs above 50 f t. are common.
         Bay/basin features are more common west of the boundary between
         the two studies. These differences are reflected in differences
         in the frequency and character of sites in the two survey areas.
         Six of the nine base camps in the UDCAR survey are f ound on
         landforms above the 50 foot contour interval and are adjacent to
         bay/basin features.    East of the conf luence with Beaver Branch
         there are few landforms above 50 feet and all six of the base
         camps in the DNREC survey are situated on ridges between the 10
         and 30 foot contours bordering the floodplain.

              In their analysis of the DelDOT study, Custer and Bachman
         (1986:130, 146) identified an extensive pattern of prehistoric
         use of bay/basin features as food provisioning and procurement
         sites.    These closed hydrologic features were found to be
         especially prevalent on broad nearly level ridges from Blackbird
         Landing west to the headwaters of Blackbird Creek.         Nearly 90
         percent of the surveyed bay/basin features in the Blackbird
         segment of the UDCAR survey were associated with prehistoric
         materials and virtually all of them were exploited during the
         Woodland I time period (Custer and Bachman 1986:48,136).

              The UDCAR survey identified 59 of the 73 sites identified
         within the DNERR study area.      Fifty of these sites were small
         procurement stations containing a few flakes of broken and
         discarded tools. Nine sites were identified as base camps, which
         are found in settings where food resources are highly predictable
         during certain parts of the year.        These sites are generally
         larger in size and in the concentration and diversity of
         artifacts than procurement sites.        Base camps were further
         differentiated on the basis of size and the available resource
         acquisition area into micro-band and macro-band base camps when
         possible.

             one of these base camps was occupied during the Archaic
         Period, from about 6500 to 3000 B. C.          as indicated by the
         presence of bifurcate projectile points.      Woodland I sites are
         identified by the presence of a variety of stemmed projectile
         point styles.      Sites occupied during the latest of the
         prehistoric temporal periods, the Woodland II Period, are
         identified by the presence of triangular points. Ceramic styles
         are often more sensitive to patterns of temporal change, but none
         were found during the survey and they seem to be relatively rare
         for Upper Blackbird Creek as a whole (Custer and Bachman
         1986:Table 2, Plate 6). Three base camps identified in the UDCAR
         survey had both Woodland I and II components, three base camps
         produced diagnostic Woodland I types of artifacts, and two base
         camps produced no diagnostic artifacts. In the DNREC survey, one
         site was identified as a Woodland II base camp, and four other
         base camps could be assigned to the Woodland I Period.       A sixth
         base camp could not be clearly assigned to any prehistoric
         period, but was probably occupied at least during the Woodland I
         Period.   Of the 56 procurement sites identified in the project
         area, only 5 produced diagnostic artifacts (Custer and Bachman


                                      137







           1986, App VII):     one was multi-component, one was from the
           Woodland II period, and three were from the Woodland I period.

                In summary, the Blackbird Creek uplands and stream courses
           were intensively exploited by Woodland I hunting and gathering
           groups in the period from 3000 B.C. to A.D. 1000.         The large
           number of bay/basin features in proximity to the interface
           between mid-drainage and coastal settings favored the
           establishment of sites of large size and permanence at the
           convergence of these zones.     Changes in settlement patterns by
           Woodland II (A.D. 1000 to A.D. 1650) times focused food
           acquisition strategies primarily on the estuarine resources in
           the floodplain rather than the uplands (Custer and Bachman
           1986:128, 144, 150).    Both the number of sites and the size of
           sites decreases during the Woodland II period in the High Coastal
           Plain physiographic province, of which Blackbird Creek is a part.

                Nothing is known about the Contact Period in the Upper
           Blackbird area.    This period spans the time from the first
           contact of Native Americans on the Delmarva Peninsula with
           Europeans (about 1600) to their disappearance as recognizable
           tribal groups in the first half of the 18th century.      This area
           has been identified as a focus of European       settlement in the
           17th century, although no sites from this time period have been
           identified in archaeological collections. The earliest historic
           period settlement in the study area is represented by the
           Huguenot House, which -is listed on the National Register of
           Historic Places. This house was built early in the first quarter
           of the 18th century, and was expanded by the second generation of
           owners.   It is significant as an example of the prosperous
           farmer's residence of pre-revolutionary Delaware. The house and
           much of its surrounding acreage was purchased in early 1990 by
           Holger H. Harvey, who was instrumental in the State's acquisition
           (with State funds) f or the DNERR program of a key parcel of
           wetlands having an associated upland buffer/access strip, both of
           which were partitioned from the tract previously forming the
           Huguenot House property bought by Mr. Harvey.         The remaining
           standing structures in the area adjacent to the Upper Blackbird
           Creek component are agricultural complexes dating primarily to
           the 19th century.   Reconnaissance level survey for this area is
           complete, although it is possible that some structures dating
           after 1860 were not recorded.


                D. BLACKBIRD ZONING AND LAND USE

                All of the properties within the        Upper Blackbird Creek
           component and the surrounding properties are within a county
           agricultural district, and the zonings are either for farming or
           single family residential use (Fig. 19).       None of the present
           uses appear to be detrimental or adverse to the operation of a
           DNERR component.   Land use codes on Fig. 19 range f rom vacant
           lots to campgrounds to cropland as follows:

                000 - Vacant Land
                001 - Associated Parcel, Vacant or with
                      Auxiliary Improvement


                                       138







                                                                                                              FIGURE 19
                                                                                               Land use and zoning within the              t
                                                                                           Upper Blackbird Creek DNERR Componen




                                                                                                  CO. Rd- 449











                                                                            UPPER i3LACKBIRD
                                                                                 OW  - VACAff LAIM
                                                                                 001 - AMMM PMCU-I VAWO OR
                                                                                       mmuw WW*UW
                                                                                 oil - WE FAMILY RATMO
                                                                                 1015: ONE FAMILY UWI.ATIED
                                                                                 134   CAMPGRm"
                                                                                 W)  : CROP
                                                                                 902
                                 CO' Rd. 465







                 011 - One Family Platted
                 015 - One Family Unplatted
                 134 - Campgrounds
                 901 - Crop
                 902 - Forest/Woodland
                 903 - Other

                 The Upper Blackbird Creek area is only about 26 miles from
           downtown  Wilmington. This area, like much of southern New Castle
           County below the Chesapeake and Delaware canal,. is either
           undergoing rapid residential development or is on the verge of
           doing such.    With the completion of the "Rt. 13 Relief Route,"
           which will be built over the next several years, the rate of
           development of southern New Castle County will accelerate even
           faster, with the area serving essentially as a "bedroom
           commu. nity" for urban workers commuting to Wilmington, Newark,
           Dover or other urban centers.      The DNERR can help to guide and
           lessen the environmental impacts of this inevitable development
           for lands around the Blackbird Creek watershed.

                 The planned route of the Rt. 13 Relief Route will affect the
           most landward portion of the Upper Blackbird Creek DNERR
           component.    The Relief Route where it crosses Upper Blackbird
          .Creek will do so at a location about 1000 feet to the east of the
           present location of Rt. 13 at the upper end of the            Reserve.
           Discussions with the Delaware Department of Transportation
           (Division of Highways) indicate,that most of the environmental
           impacts will occur during construction, and all steps will be
           taken to minimize detrimental impacts. The engineering design of
           the Relief Route where it passes over the upper Blackbird Creek
           corridor will be done in such a manner that minimum permanent
           loss of wetlands occurs.     Essentially, when the Relief Route is
           completed, the environmental ambiance now associated with Rt. 13
           will have moved about 1000 feet to the east.

                 In order to provide      a positive benefit to the Upper
           Blackbird Creek DNERR component, the Delaware Division of
           Highways was receptive to the idea of creating a canoe access
           site for the Reserve in conjunction with the Relief Route. This
           might be done at the uppermost end of the Reserve, on the east
           side of the present location of Rt. 13. This would greatly help
           provide an appropriate type of water access to upper Blackbird
           Creek.   Water access throughout the Reserve is limited, so it
           will also be necessary to explore creation of an access point for
           motorized small boats, perhaps at Blackbird Landing, Taylors
           Bridge or another location. The Division of Highways might also
           be of assistance with this effort.


                 E. BLACKBIRD TRADITIONAL USES

                 Several of the management considerations associated with the
           Lower St. Jones River component also apply to the Upper Blackbird
           Creek component. In particular, concerns with accommodation of
           waterfowl hunting and muskrat trapping must be addressed.



                                        140









        XVII. ACKNOWLEDGMENTS


               A. DNERR WORKING  COMMITTEE



        David S. Hugg III        Office of the Secretary, DNREC
        Lee Emmons               Office of the Secretary, DNREC
        William Meredith         Division of Fish and Wildlife, DNREC
        William Jones            Division of Fish and Wildlife, DNREC
        James O'Neill            Division of Parks and Recreation, DNREC
        Joan Brown               Division of Parks and Recreation, DNREC
        Ron Vickers              Division of Parks and Recreation, DNREC
        Cara Blume               Division of Parks and Recreation, DNREC
        David Saveikis           Division of Water Resources, DNREC
        Sarah Cooksey            Division of Soil and Water Cons., DNREC
        Daniel Griffith          Delaware Div.of Hist. and Cult. Affairs
        Cheryl Graham            NOAA/SRD/NERRS



               B. SUPPORT SERVICES

        Deborah Sullivan         Department Management, DNREC
        Rick Truitt              Department Management, DNREC
        Dennis Brown             Department Management, DNREC
        Deborah Bell             Division of Parks and Recreation, DNREC
        Aren Wright              Division of Parks and Recreation, DNREC
        Georgia Vaughan          Division of Parks and Recreation, DNREC
        Jessie Anglin            Division of Fish and Wildlife, DNREC
        Field Personnel          Division of Fish and Wildlife, DNREC
        (boat use)


               C. CONSERVATION.DISTRICT ASSISTANCE

        Fredrick T. Mott         Delaware Association of Conservation
                                    Districts.
        Josef A. Burger          New Castle Conservation District
        Ernest Zimmerman         Kent Conservation District





















                                   141









                      D. DNERR ADVISORY COMMITTEE MEMBERS


              Joseph Abele               New Castle County
              Grover Biddle              Delaware Development Office
              Howard Brokaw              Delmarva Ornithological Society
              Jack Cairns                Delaware Dept. of Public Instruction
              John Campanelli            Delaware Wildlife Federation
              Rick Cole                  Division of Fish and Wildlife, DNREC
              Richard Cooch              New Castle Historical Society
              Elesa Cottrell             U.S. Soil Conservation Service
              Franklin C. Daiber         Advisory Council-Tidal Finfish
              Paul Daly                  Bombay Hook National Wildlife Refuge
              E. Turner Darden           Delaware Sierra Club Group
              Norman Dill                Delaware State College
              Bill Fintel                Sussex Bird Club
              John L. Gallagher          University of Delaware
              James Gawthrop             St. Jones DNERR Landowners Assoc.
              Tim Goodger                NOAA, NMFS
              William Hall               University of Delaware
              Willis Hand                Advisory Council on Shellfish
              Holger H. Harvey           Delaware Wild Lands, Inc.
              Richard Hassel             U.S. Army Corps of Engineers
              Betty Heinold              Blackbird DNERR Landowners Assoc.
              Lynn Herman                Division of Fish and Wildlife! DNREC
              Terrence L. Higgins        Wesley College
              Glenn Hitchens             Friends of Dickinson Mansion
              Connie Holland             Kent County
              Betty Homan                Daughters of the American Revolution
              William Hubbard            Delaware Bass Federation
              Lisa Innvaer               Division of Fish and Wildlife, DNREC
              Larry Irelan               New Castle Conservation District
              Tim Kaden                  Delaware Forestry Section
              Dave Kamison               Advisory Council-Game and Fish
              Lawrence Lank              Sussex County
              Susan Laporte              Division of Parks & Recreation, DNREC
              Joe Lesley                 Delaware State Trappers Assoc.
              Art Malinoski              Kent Conservation District
              Andy Manus                 Division of Fish and Wildlife, DNREC
              Albert Matlack             Society of Natural History of Delaware
              Rob McKim                  The Nature Conservancy
              Philip A. Messina, Jr.     Del. Saltwater Sportsmen Assoc..
              Roy Miller                 Division of Fish and Wildlife, DNREC
              Bill Moyer                 Division of water Resources, DNREC
              Joseph Patermo             U.S. Air Force
              Grace Pierce-Beck          Delaware Audubon Society
              Gordon Price               Del. Mobile Surf-fishermen, Inc.
              Francis Remley             Kent County Archaeological Society
              Michael E. Riska..         Delaware Nature Society
              Leah Roedel                Del. River & Bay Shoreline Committee
              Charles Salkin             Division of Parks & Recreation, DNREC
              George H. Sapna II         Ducks Unlimited - Delaware
              John Schneider             Division of Water Resources, DNREC
              David Small                Office of Information and Ed, DNREC
              Jim Stewart                Del. Div. of Hist. & Cult. Affairs



                                           142








         Fred Stites                 Blackbird DNERR Landowners Assoc.
         David Truesdale             Blackbird DNERR Landowners Assoc.
         Ulysses S. Washington       Delaware State College
         Bill Whitman                Division of Fish and Wildlife, DNREC
         Alvin Wilson                St. Jones DNERR Landowners Assoc.
         Joe Wutka                   Division of Highways
         Chris Zimmerman             St. Jones River Watershed Assoc.
         Robert Zimmerman            Division of Water Resources, DNREC



         XVIII. BIBLIOGRAPHY



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                                     146








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           Geology, and Mineral Resources of the Coastal Zone of Delaware.
           Technical Report Number 3. Delaware Coastal Management Program.
           245 pp.

         Tiner, R.W. 1985. Wetlands of Delaware. U.S. Fish Wildlife
           Service; Delaware Dept. Natural Resources and Environmental
           Control. Dover, Delaware. 77 pp.

         Tucker, A.0., N.H. Dill, C.R. Broome, C.E. Phillips, and M.J.
           Maciarello. 1979. Rare and Endangered Vascular Plant Species in
           Delaware. U.S. Fish and Wildlife Service, Newton Corner, Mass.
           89 pp.

         Virginia, State of. 198-9. The Chesapeake Bay Estuarine Research
           Reserve Syste in Virginia:     Site Nomination and Application
           for Preacquisition Assistance. Virginia Inst. Marine Science,
           College of William and Mary, Gloucester Point, Virginia. 310
           pp-

         U.S. Department of Defense. 1989. Air Installation Compatible Use
           Zone (AICUZ) Study. Department of the Air Force, Headquarters
           436th Military Airlift Wing (MAC), Dover, DE.

         U.S. Dept. of Commerce. 1988-1990. Tide Tables:     East Coast of
           North and South America, including Greenland. National Ocean
           Service, NOAA, U.S. Dept. of Commerce, Riverdale, Maryland.

         U.S.D.I. Fish and Wildlife Service. 1989. National Wetlands
           Priority     Conservation Plan. U.S. Fish Wildl. Serv., U.S.
           Dept. of the Interior, Washington, D.C. 58 pp.

         U.S.D.I. Fish and Wildlife Service. 1989. Draft Regional Wetlands
           Concept Plan, Emergency Wetlands Resources Act. Region 5, U.S.
           Fish and Wildlife Service, Newton Corner, Mass. 13 pp. +
           appendices.

         Wakelin, J.H. Jr. (chairman) 1972. The  'Coastal Zone of Delaware.
           Governor's Task Force on Marine and Coastal Affairs. College of
           Marine Studies, Univ. Delaware, Newark, Delaware. 464 pp.



                                     147








           Whitman, W.R. 1986. Ecological conditions and suggested habitat
             management practices for selected coastal impoundments in
             Delaware.   Delaware Coastal Management Program, Annual Report.
             Delaware Dept. Natural Resources and Environmental Control,
             Dover, Delaware. 101 pp.


           Whitman, W.R. 1989. An integrated program for the enhancement and
             management of Delaware"s Coastal Wetlands. Delaware Coastal
             Management Program, Project 65B(l). Delaware Dept. Natural
             Resources and Environmental Control, Dover, Delaware. 19 pp.

           Whitman, William R. and William H. Meredith (eds.) 1987.
             Waterfowl and Wetlands Symposium:     Proceedings of a Symposium
             on Waterfowl and Wetlands Management in the Coas@_al -zone of the
             Tt-lantic Flyway. Delaware Coastal Management Program, Delaware
             Department of Natural Resources and Environmental Control,
             Dover, Delaware. 522 pp.









































                                       148









          XIX. BASE RESOURCE INFORMATION


                A. PLANT SPECIES LISTS


                    1. St. JoneS River


          PLANT SPECIES IDENTIFIED IN THE ST. JONES RIVER COMPONENT



          Scientific name                          Common Name

          Acer rubrum                              red maple
          Alnus serrulata                          common alder
          Amelanchier arborea                      downy juneberry
          Amelanchier canadensis                   oblong leaf juneberry
          Antennaria plantaginifolia               plantain-leaved pusseytoes
          Apios americana                          groundnut
          Ascyrum hypericoides                     St. Andrew's cross
          Asplenium platyneuron                    ebony spleenwort
          Aster novi-belgii                        New York aster
          Baccharis halimifolia.                   groundsel bush
          Cakile edentula                          sea rocket
          Carpinus caroliniana                     ironwood
          Celtis occidentalis                      American hackberry
          Clethra alnifolia                        sweet pepperbush
          Cornus florida                           dogwood
          Diospyros virginiana                     persimmon
          Distichlis spicata                       saltgrass
          Erigeron annuus                          daisey fleabane
          Eupatorium hyssopifolium                 hyssop.-leaved boneset
          Eupatorium serotinum                     late-flowering boneset
          Fagus grandifolia                        American beech
          Gaylussacia dumosa                       dwarf huckleberry
          Gaylussacia frondosa                     tall huckleberry
          Hamamelis virginiana                     witch-hazel
          Heterotheca subaxillaris                 camphorweed
          Hibiscus palustris                       swamp rose mallow
          Ilex opaca                               American holly
          Ilex verticillata                        winterberry
          Impatiens capensis                       spotted touch-me-not
          Iris versicolor                          larger blue flag
          Iva frutescens                           marsh elder
          Juniperus virginiana                     red cedar
          Kalmia latifolia                         mountain laurel
          Kosteletzkya virginia                    seashore mallow
          Leersia oryzoides                        rice cutgrass
          Lobelia cardinalis                       cardinal flower
          Lonicera japonica                        Japanese honeysuckle
          Lycopus americanus                       water horehound
          Magnolia virginiana                      sweetbay
          Mikania scandens                         climbing hempweed
          Nyssa sylvatica                          sourgum
          Oenothera biennis                        common evening primrose
          Osmunda cinnamomea                       cinnamon fern
          Phragmites australis                     common reed


                                      149








           Scientific Name                         Common Name

           Pilea pumila                            clearweed
           Pluchea purpurescens                    saltmarsh fleabane
           Polygonum punctatum                     water smartweed
           Prunus serotina                         blackcherry
           Quercus alba                            white oak
           Quercus falcata                         spanish oak
           Quercus michauxii                       basket oak
           Quercus palustris                       pin oak
           Quercus phellos                         willow oak
           Quercus prinus                          chestnut oak
           Quercus rubra                           red oak
           Rubus sp.                               blackberry
           Sagittaria latifolia                    common arrowhead
           Salix nigra                             blackwillow
           Sassafras albidum                       sassafras
           Saururus cernuus                        lizard's tail
           Scirpus robustus                        stout sedge
           Smilax rotundifolia                     common greenbrier
           Solanum carolinense                     horse nettle
           Solanum nigrum                          black night shade
           Solidago bicolor                        silverrod
           Solidago rugosa                         rough-stemmed goldenrod
           Spartina alterniflora                   saltmarsh cordgrass
           Spartina cynosuroides                   big cordgrass
           Spartina patens                         saltmeadow cordgrass
           Vaccinium corymbosum                    common highbush blueberry
           Viburnum nudum                          possum haw
           Viburnum recognitum                     northern arrowwood



                      2. Blackbird Creek


              PLANT SPECIES IDENTIFIED IN THE UPPER BLACKBIRD COMPONENT



           Scientific Name                         Common Name


           Acer rubrum                             red maple
           Acnida cannabina                        salt-marsh water hemp
           Amelanchier canadensis                  swamp shadbush
           Apios americana                         groundnut or wild bean
           Asclepias incarnata var. pulchra        swamp milkweed
           Baccharis halimifolia                   groundsel tree
           Bidens laevis                           larger bur marigold
           Carex stricta                           a sedge
           Cephalanthus occidentalis               buttonbush
           Clematis virginiana                     virgin's bower
           Cornus amomum                           silky dogwood
           Cornus foemina ssp racemosa             gray dogwood
           Cornus florida                          flowering dogwood
           Cuscuta gronovii                        common dodder or love vine
           Distichlis spicata                      salt grass


                                      150








         Scientific Name                         Common Name

         Echinochloa walteria                    a barnyard grass
         Eleocharis fallax (ambigens)            a spike-rush
         Eupatorium dubium                       Joe-pye weed
         Fraxinus pennsylvanica                  green ash
         Galium obtusum                          a bedstraw
         Gratiola neglecta                       clammy hedge hyssop
         Helenium autumnale                      sneezeweed
         Hibiscus mosheutos                      a rose mallow
         Hibiscus palustris                      marsh mallow
         Ilex opaca                              American holly
         Ilex verticillata                       winterberry
         Impatiens capensis                      jewelweed
         Iris versicolor                         larger blue flag
         Iva frutescens                          high tide bush
         Juncus acuminatus                       a bog-rush
         Kosteletzkya virginica                  seashore mallow
         Leersia oryzoides                       a cutgrass
         Leucothoe racemosa                      fetterbush
         Lilium superbum                         Turk's cap lily
         Liquidambar styraciflua                 sweet gum
         Liriodendron tulipifera                 tulip poplar
         Lobelia cardinalis                      cardinal flower
         Lycopus americanus                      water horehound
         Lycopus rubellus                        a water horehound
         Mikania scandens                        climbing hempweed
         Nuphar luteum (advena)                  yellow pond lily
         Onoclea sensibilis                      sensitive fern
         Osmunda regalis                         flowering fern
         Oxypolis rigidor                        cowbane
         Panicum virgatum                        a panic grass
         Peltandra virginica                     arrow arum
         Phragmites australis                    common reed
         Pinus taeda                             loblolly pine
         Pluchea purpurascens                    salt-marsh fleabane
         Polygonum arifolium                     halberd-leaved tearthumb
         Polygonum punctatum                     water smartweed
         Polygonum sagittatum                    arrow leaved tearthumb
         Pontederia cordata                      pickerelweed
         Prunus serotina                         black cherry
         Ptilimnium capillaceum                  mock bishop's weed
         Quercus alba                            white oak
         Quercus falcata                         red oak
         Quercus stellata                        post oak
         Rorippa islandica                       marsh yellow cress
         Rosa palustris                          swamp rose
         Rubus spp.                              black cherry
         Rumex verticillatus                     swamp dock
         Sagittaria calycina                     an arrowhead
         Sagittaria latifolia                    common arrowhead
         Sagittaria subulata                     an arrowhead



                                     151









           Scientific Name                          Common Name

           Salicornia spp.                          saltwort
           Sassafras albidum.                       sassafras
           Saururus cernuus                         lizards tail
           Scirpus pungens                          a bulrush
           Scirpus robustus                         a bulrush
           Scirpus validus                          a bulrush
           Scutellaria lateriflora                  a skullcap
           Spartina alterniflora                    saltmarsh cordgrass
           Spartina cynosuroides                    big cordgrass
           Spartina patens                          saltmeadow cordgrass
           Stachys tenuifolia                       common hedge nettle
           Taxodium. distichum                      bald cypress
           Thalictrum polygamum                     tall meadow rue
           Tilia heterophylla                       white basswood
           Typha latifolia                          common cattail
           Ulmus americana                          American elm
           Viburnum prunifolium                     black haw
           Viburnum recognitum.                     arrowwood
           Zizania aquatica                         wildrice
































                                        152










                B. FISH AND WILDLIFE

              This section is intended to present some of the traditional
         uses of the St. Jones River and Blackbird Creek estuaries that
         are expected to continue in and around the Reserve and may need
         particular policies established to reduce the potential for
         conflicts. It has been determined that hunting, trapping,
         shellfishing, fishing! boating, and agricultural practices are
         the major traditional activities of these areas. Other
         traditional activities have not been listed such as bird
         watching, canoeing, hiking, etc., since they are activities that
         are covered in the public access plan of this document.

              With the increase in public access to these estuaries and a
         desire to maintain traditional activities, there is a need to
         recognize potential conflicts that could result. As much as
         practical, policies will be established that will allow
         traditional activities to continue on the Reserve.

              Therefore public access will be controlled so that
         traditional activities will continue with minimal disturbance to
         both the traditional user and the Reserve activities. Limited
         access policies, guidelines and general awareness information
         will need to be developed to provide for the safety of the
         public.

            Fisheries management and determination of harvest practices
         for finfish and shellfish in DNERR waters will be through the
         guidance, assistance and responsibilities of DNREC's Division of
         Fish and Wildlife. Likewise, wildlife management and
         determination of harvest practices for upland game, waterfowl or
         furbearers in DNERR lands will be through the guidance,
         assistance and responsibilities of DNREC's Division of Fish and
         Wildlife. At times, and at some locations, certain traditional
         activities may be restricted to allow educational and/or research
         activities to take place. The DNERR Program Manager shall be
         responsible for establishing a procedure that will regulate both
         the traditional activities and the educational and research
         activities to minimize their conflicts. This procedure shall be
         reviewed annually to assure the optimum blend of all activities.

              The following listing of traditional activities is provided
         in tabulation form to present only an approximation of
         activities, seasons, dates, times, and conflict potentials. The
         activities are representative of the area in and around the
         Reserve boundaries. Some activities may have never occurred
         within the areas that will be acquired by the Reserve or may not
         have occurred throughout the seasons, dates or times given.

              This information is to be valued as a commitment of the
         DNERR to continue traditional activities with the realization
         that conflicts will be reduced by providing guidelines and
         policies as public access is increased and specific education and
         research projects are implemented.



                                    153












                             TRADITIONAL USES OF THE DNERR
                                   ESTUARINE RESOURCES


                                ST. JONES DNE   COMPONENT


           ACTIVITY              SEASON   DATES      TIMES     CONFLICT POTENTIAL

           Agriculture

                Corn           May-Sep                         Public Trespassing
                Soybean        Jun-Oct                         Public Trespassing
                Potatoes       Apr-Aug                         Dust
                Pasture        year                            Public Trespassing
                Truck Crops    Spring                          Dust
                Forestry                                       visual

                Agriculture has been the greatest land-use     activity of the St.
           Jones component for over 300 years with consistent boundaries for at
           least the last 200 years. With proper buffering of the estuary to the
           normal activities of farming, the Reserve will be effected by the
           occasional noise, dust, odors, chemicals and sights of this primary
           traditional activity. The operations of the Reserve will need to
           maintain good public access control to prevent straying into farm
           operations for public safety and public damage to the fences, fields,
           crops, livestock, and equipment of the Reserve's neighboring farmers.

           ACTIVITY              SEASON   DATES      TIMES     CONFLICT POTENTIAL

           Hunting

           White-tailed deer (with the exception of waterfowl, no other hunt-
                              ing is permitted during the shotgun and muzzleloader
                              seasons for white-tailed deer)
                                       I
             Archery          Sept to end of Jan   1/2hr     Restriction of hunting
                              except during        before    to fixed sites compat-
                              muzzleloader and     sunrise   ible with other uses
                              shotgun season       to 1/2hr  will prevent conflicts
                                                   after
                                                   sunset


             Shotgun          8 days Wid-November    Same      Same
                              2 days mid-January

            Muzzleloader      3 days ILL_LU-%J1_;tojjer Same   Same
                              3 days mid-January

           Wild Turkey        late Ap_1 ea-1, May 1/2hr      Season not yet set for
                                                   before    DNERR components. All
                                                   sunrise   other activities should
                                                   to 1:00pm be excluded in areas
                                                             open to turkey hunting
                                                             when a season is estab-
                                                             lished except in defined
                                                             no hunting zones


                                       154




        ACTIVITY              SEASON t DATES         TIMES     CONFLICT POTENTIAL
        Small Game
         Gray Squirrel      mid-Sept to mid-Jan   1/2hr      Exclusions will be re-
                                                  before     quired in some sections
                                                  sunrise    (ie around Center;
                                                  to 1/2hr   trails & observation
                                                  after      points
                                                  sunset


         cottontail         mid-Nov to  mid-Jan    Same       same
                   Rabbit              I
         Bobwhite Quail     mid-Nov to  Feb 28     Same       Same
                                       I
         Woodchuck           no closed  Season     Same       Same
                                       I
         Raccoon             Sept 1 to  reb 28    Same-       Same
                                                  except
                                                  some
                                                  nights

         opossum                    Same           Same       Same
                                       I
         Red Fox-(chase      Oct 1 to April 30    1/2hr       Same
             only)                                before
                                                  sunrise
                                                  to 1/2hr
                                                  after
                                                  sunset


         Frog                May 1 to Sept 30      Same       Same
                                       I
         Snapping Turtle     June 16 to May 14     Same       Same
                                       I          I          I
             Hunting should be accommodated over most of the Component.
        Numbers of hunters using area at one time may need to be restricted by
        daily sign-in or another method. No conflicts are anticipated if
        hunting is properly zoned and regulated.
         Migratory Birds               I
         Mourning Dove      last 3 weeks of Sep Noon to      Same restrictions apply
                            last 2 weeks of Oct sunset       as upland Game
                            mid-Dec to mid-Jan


         Rails              3rd week of Oct        Same       Same

         Woodcock           mid-Nov    early Jan   Same       Same

         Common Snipe       mid-Nov to Jan 31      Same       Same

         Gallinules         Sept 1 to early Nov    Same       Same

         Crows              mid-June           30  Same       Same




                                       155





        ACTIVITY              SEASON t DATES        TIMES     CONFLICT POTENTIAL
         Waterfowl            Nov to Feb         1/2hr
                                                 before
                                                 sunrise
                                                 to sunset

             All waterfowl hunting must be restricted to fixed blinds and pits
        established and maintained by DNERR staff.

             Numbers of hunters will have to be restricted depending upon
        number of hunting sites that are established.

        ACTIVITY              SEASON     DATES      TIMES     CONFLICT POTENTIAL

        Trapping

        Marshes,Streans & Ditches                           None
        (leghold or conibear traps-aquatic sets only)       as long as trapper's
        Muskrats,mink,      early Dec-mid-March               "coming-and-going"
        otter,raccoon,                                      is known to the Reserve
        or opossum                                          Manager in order to
                                                            coordinate with educa-
        Upland Areas                                        tional/research uses
        (box or leghold traps)
        Raccoon             all year-N side of St Jones;
                            leghold not allowed on S side
                            from mid-March to early Dec
        (box trap)                    I          I
        opossum & rabbit     only during legal hunting
                            season in late fall & winter
        ACTIVITY              SEASON  t DATES    t  TIMES     CONFLICT POTENTIAL
                            NOTE: Seasons indicated for commercial/recreational
                            finfishing or shellfishing are traditional times,not
                            legally set periods - most have no legal closed sea-
                            sons in the tidal rivers for recreational or commer-
                            cial finfishing nor recreational crabbing(ex. noted)

        Fishing-comm (no  commercial shellfishing is allowed in tidal rivers or
                    creeks-no crabs,  oysters, clams, mussels)
        White perch                                         None as long as nets
        fixed gill nets      Feb-May  I          I          do not obstruct naviga-
        (no fixed nets in Delaware    Bay within 1/2 mile   tional channel- no more
        from tidal river mouths)-     I          I          than 1/3 distance from
        no nets > 200 ft IMid-May to late-September         shore
        (nets < 200 ft long for Recreational netting)
                                      I          I
        American eel        early spring to lauw La.L-L     Floats to mark pots
        (eel pots)                                          could cause naviga-
                                                            tional obstacles if
                                                            placed too densely




                                      156




         ACTIVITY             SEASON t DATES t TIMES - CONFLICT POTENTIAL
         Horseshoe Crab      closed season: May 1 - June 7 Applicable only to
         (shoreline -        (except for those with comm. State or Federal lands
         collection)         lic., who can harvest with no
                             limits on Wed, Thur, or Fri);
                             rest of year = 6 crabs/day
                             for those without comm. lic.

         Fishing-recr (no    recreational oystering or clamming allowed)

         Blue crabs (crab    late-May to late-Octobex        Densely placed floats
         pots,2/person)                                      could cause navigation
                                                             obstacles

         White perch         early April to June             None
         (drifting or anchored boat,shoreline)
                                                                     Recreational
         White perch,cat-              I                              Finfishing
         fish,crabs         @Spring to Fall                  None       Allowed
         (Barkers Landing  fishing pier)                               All Year

         Bluefish,weakfish (mouth of St. Jones River-shoreline/surf)
         striped bass,                 I
         white perch,etc.    Spring to  Fall                 None
                                       I
         Snapping turtles    mid-June  L.U ILI-Lu-May        None
         (may also be sold) (legal     seasons)

         Female diamond-     mid-July     eazly October      None
         back terrapins         (legal seasons)

         ACTIVITY               SEASON __ DATES     TIMES      CONFLICT POTENTIAL

         Boating-comm

         Barge
         (sand & gravel)     Year around                     None - unless major
                                                             dredging is proposed


         ACTIVITY               SEASON    DATES     TIMES      CONFLICT POTENTIAL

         Boating-recr

         Drifting or
         anchored sport-
         fishing in St.      Spring to Fall                  None
         Jones River

         Transit for sport
         fishing of small
         boats from          Spring to Fall                  None
         Barkers Landing
         to Delaware Bay               1

                                       157










                               TRADITIONAL USES OF THE DNERR
                                      ESTUARINE RESOURCES



                               BLACKBIRD CREEK DNERR COMPONENT



            ACTIVITY              SEASON     DATES       TIMES      CONFLICT POTENTIAL


            Agriculture

                 Corn            May-Sep.                           Public Trespassing
                 Soybean         Jun-Oct                            Public Trespassing
                 Pasture         year                               Public Trespassing

                 Agriculture is the greatest. land-use activity of the Blackbird
            Creek component. However, development pressures are stressing this
            tradition. With proper buffering of the estuary to the normal
            activities of farming, the Reserve will only be effected by the
            occasional noise, dust, odors, chemicals and sights of this primary
            traditional activity. The operations of the Reserve will need to
            maintain good public access control to prevent straying into farm
            operations for public safety and public damage to the fences, fields,
            crops, livestock, and equipment of the Reserve's neighboring farmers.

            ACTIVITY              SEASON     DATES       TIMES      CONFLICT POTENTIAL

            Hunting

            White-tailed deer (with the exception of waterfowl, no other hunt-
                                ing is permitted during the shotgun and muzzleloader
                                seasons for white-tailed deer)
                                           I
              Archery            Sept@to February     1/2hr       Restriction of hunting
                                except during         before      to fixed sites compat-
                                muzzleloader and      sunrise     ible with other uses
                                shotgun season        to 1/2hr    will prevent conflicts
                                                      after
                                                      sunset


              Shotgun           8 days ItLid-November    Same       Same
                                2 days mid-January
                                           I
             Muzzleloader       3 days 1LL.LU-%J%,t_ober Same       Same
                                3 days mid-January

            Wild Turkey         late Aprl-early May 1/2hr         Season not yet set for
                                                      before      DNERR components. All
                                                      sunrise     other activities should
                                                      to 1:00pm   be excluded in areas
                                                                  open to turkey hunting
                                                                  when a season is estab-
                                                                  lished except in defined
                                                                  no hunting zones



                                           158




      ACTIVITY               SEASON t DATES         TIMES     CONFLICT POTENTIAL
      Small Game
        Gray Squirrel     mid-Sept to mid-Jan    1/2hr      Exclusions will be re-
                                                 before     quired in some sections
                                                 sunrise    (ie around Center;
                                                 to 1/2hr   trails & observation
                                                 after      points
                                                 sunset


        Cottontail        mid-Nov to   mid-Jan    Same       Same
                 Rabbit              I
        Bobwhite Quail    mid-Nov to   Feb 48     Same       Same

        Woodchuck          no closed   Season     Same       Same
                                     I
        Raccoon            St_-Vt 1 tO Feb 28    Same-       Same
                                                 except
                                                 some
                                                 nights

        Opossum                    Same           Same       Same
                                     I
        Red Fox-(chase     Oct 1 to April 30     1/2hr       Same
            only)                                before
                                                 sunrise
                                                 to 1/2hr
                                                 after
                                                 sunset


        Frog               May 1 to Sept 30       Same       Same

        Snapping Turtle    June 16 to May 14      Same       Same
                                     I          I          I
            Hunting should be accommodated over most of the Component.
      Numbers of hunters using area at one time may need to be restricted by
      daily sign-in or another method. No conflicts are anticipated if
      hunting is properly zoned and regulated.

        Migratory Birds

        Mourning Dove     last 3 weeks of Sep Noon to       Same restrictions apply
                          last 2 weeks of Oct sunset        as upland Game
                          mid-Dec to mid-Jan

        Rails             3rd wr-,--j%. of Oct    Same       Same

        Woodcock          mid-Nov    early Jan    Same       Same

        Common Snipe      mid-Nov to Jan 31       Same       Same

        Gallinules        Sept I to early Nov     Same       Same

        Crows             mi-          March 30   Same       Same





                                     159








         ACTIVITY             SEASON    DATES       TIMES    CONFLICT POTENTIAL


          Waterfowl           Nov to Feb         1/2hr
                                                 before
                                                 sunrise
                                                 to sunset
              All waterfowi hunting must be res'tricted t@ fixed blinds and pits
         established and maintained by DNERR staff.

              Numbers of hunters will have to be restricted depending upon
         number of hunting sites that are established.



         ACTIVITY             SEASON    DATES       TIMES    CONFLICT POTENTIAL

         Trapping

                Same as St. Jones, except upland trapping for raccoon with
                either box or leghold traps can occur year around on both
                sides of the creek (vs. year around only on the north side
                of the St. Jones; on the south side of the St. Jones,
                leghold trapping for raccoon can occur only from early
                December to mid-march).
         Fishing-comm      I         I          I
                Same as c . Jones, except i t closed to commercial or
                recreational harvest of oysters, clams or mussels - this
                is because these shellfish are not found here in
                harvestable quantities.

         ACTIVITY             SEASON    DATES       TIMES    CONFLICT POTENTIAL


         Fishing-recr

                Similar to St. Jones, but no pier or surf fishing; also,
                more sportfishing in small boats may be occurring in the
                upper Blackbird for largemouth bass, pickerel, perch,
                crappie, sunfish, etc. than occurs in the upper St. Jones.

         Boating-comm

                None

         Boating-recr

                Similar to St. Jones, but not as much small boat traffic
                to-and-from Delaware Bay.







                                      160










        XX. APPENDICES





               A. DNERR PROPOSED IMPLEMENTATION TIMETABLE



               B. BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY



               C. MEMORANDUM OF UNDERSTANDING



               D. DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY



               E. NERRS REGULATIONS





















































                                 161









                                       APPENDIX A



                      DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE


                            PROPOSED IMPLEMENTATION TIMETABLE



           Pre-designation
           STAFF
                -  Program Manager (85% time; 100% state funded)
                -  Research Coordinator (20% time; 100% state funded)
                -  Education Coordinator (20% time; 100% state funded)
                -  Realty Specialist (20% time; 100% state funded)
                -  Res. Prot. Specialist (20% time; 70/30 state/NOAA funded)
                -  Cult. Pres. Specialist (20% time; 70/30 state/NOAA funded)
                -  Landowner Assistant (30% time; 70/30 state/NOAA funded)

           ACTIVITIES
                -  Develop draft management plan/FEIS
                -  Some baseline studies, monitoring and species inventories
                -  Begin detailed design of Education and Research Center
                -  Acquire minimum key lands and water
                -  Develop final management plan
                -  Sign MOU NOAA/DNREC
                -  Sign MOU DNREC/DH&CA
                -  Begin DNERR trail & boardwalk at E&R Center; design,
                   layout, construction, interpretive signs & brochure
                -  Initiate public access
                -  Secure components
                -  Initiate volunteer program
                -  Develop coordinated education and research outreach effort
                -  Begin outdoor on-site education program
                -  Research program integration with Sea Grant researchers
                -  Perform restoration, exotic species control, or any other
                   manipulative activities required (none scheduled or funded
                   as of this writing - OMWM and phragmites control are only
                   known potential)

           ist year (following plan approval)
           STAFF
                -  Program Manager (100% time; 100% state funded)
                -  Research Coordinator (30% time; 100% state funded)
                -  Education Coordinator (30% time; 100% state funded)
                -  Estuarine Educator (100% time; 100% NOAA funded)
                -  Realty Specialist (20% time; 10.0% state funded)
                -  Realty Assistant (10% time; loot state funded)
                -  Res. Prot. Specialist (20% time; 70/30 state/NOAA funded)
                -  Cult. Pres. Specialist (20% time; 70/30 state/NOAA funded)
                -  Landowner Assistant (20% time; 100% NOAA funded)
                -  Volunteer Coordinator (30% time; 100% state funded)
                -  Folklorist (30% time; 100% Interior funded)

           ACTIVITIES
                - Planning for 2nd year


                                       162







             - Continue acquisition of Reserve lands and water
             - Construction of E&R Center site preparation
             - Planning for Center occupancy at end of second year
             - Install DNERR signs
             - Begin monitoring & baseline NOAA funded studies
             - Coordinate trail development to Bay via neighboring DNREC
               Fish and Wildlife property
             - continue environmental/cultural trail to Dickinson Mansion
             - Design visitors center expansion
             - Coordinate NF&WS Aquatic education program with DNERR for
               overnight facilities for visiting researchers/educators at
               M&M lodge (located between DNERR components)
             - Initiate active interaction of DNERR/DCMP
             - Begin interaction of DNERR with EPA/NEP's
             - Collect and develop curricula materials for Reserve
             - Field test curricula materials
             - Begin NOAA funded research program
             - Annual report

        2nd year
        STAFF (2nd year through 5th year)
             - Program Manager (100% time; 100% state funded)
             - Research Coordinator (80% time; 100% state funded)
             - Education Coordinator (60% time; 100% state funded)
             - Estuarine Educator (100% time; 100% state funded)
             - Secretary (100% time; 100% state funded)
             - Realty Specialist (20% time; 100% state funded)
             - Realty Assistant (10% time; 100% state funded)
             - Res. Prot. Specialist (20% time; 100% state funded)
             - Cult. Cons. Program Manager (20% time; 100% state funded)
             - Landowner Assistant (30% time; 100% state funded)
             - Volunteer Coordinator (30% time; 100% state funded)
             - CMP Specialist (100% time; 100% NOAA-CMP funded)
             - F&W Scientist 111 (30% time; 100% NOAA-CMP funded)
             - Folklorist (100% Interior funded)
             - Project WILD Coordinator (100% NOAA-CMP funded)
             - Aquatic Coordinator (100% USF&W funded)
             - 3 F&W Program Managers (100% state funded)

        The following positions will be located    at the E&R Center but
        will not have dedicated time assigned      specifically to DNERR
        projects. Rather these positions present every day assignments
        that will enhance the Reserve's programs,  and the Reserve and the
        tools that it produces will be valuable to their projects.
             - F&W Program Manager (50/50 state/USF&W funded)
             - 3 F&W Scientists-II (100% state funded)
             - 5 F&W Scientists 11 (100% USF&W funded)
             - F&W Scientist 11 (90/10 state/USF&W funded)
             - F&W Scientist 11 (100% NOAA-CMP funded)
             - F&W Scientist 1 (100% NOAA-CMP funded)
             - F&W Scientist 1 (100% USF&W funded)
             - 2 F&W Technicians (100% USF&W funded)
             - 2 F&W Technicians (100% state funded)
             - Boat Captain (100% state funded)
             - Secretary (50/50 state/USF&W funded)


                                    163









          ACTIVITIES
                 Staff participation in research and education workshops
                 Planning for 3rd.year
                 continue acquisition of Reserve lands and water
                 Acquire some operational equipment (mowers, computers,
                 canoes/boats, etc.)
                 Year-round monitoring of Reserve
                 Begin monitoring of contributing watersheds
                 Continue coordination.of Reserve education & research
                 programs with other compatible efforts
                 Initiate a DNERR awareness program
                 Continue development of curriculum materials for various
                 age groups
                 Continue on-site educational programming
                 Initiate formal volunteer program
                 Cultivate support groups
                 Protect historic barn on slaughter tract
                 Continue construction of E&R Center
                 Construct boardwalk canoe launch & pier
                 Develop brochures
                 Annual report

          3rd year
          ACTIVITIES
               - Planning for 4th year
               - Continue acquisition of Reserve lands and water
               - Prepare the final site & architectural design for
                 Dickinson Plantation/DNERR Visitors center
               - Establish field use of Reserve by E&R Center staff
               - Establish guided and self guided tours
               - Seek State funding for Federally funded DNERR staff
               - Investigate additional sources of funding for special
                 projects
               - Integrate DNERR education program with the State parks
                 Nature Centers
               - Develop wayside exhibits for Dickinson/Center trail
               - Annual report

          4th year
          ACTIVITIES
               - Planning for 5th year
               - Review 5 year management plan for revisions
               - Continue acquisition of Reserve lands and water
               - Begin construction of Dickinson Plantation/DNERR Visitors
                 center
               - Design indoor exhibits
               - Develop and field test out-reach programs
                 Continue to augment research and education
               - Establish cultural and archaeological educational &
                 research activities
               - Continue to strengthen ties with other middle Atlantic
                 estuarine research projects
               - Annual report



                                      164







        5th year
        ACTIVITIES
             - Planning for 6th year
             - Revise DNERR management plan
             - Continue acquisition of Reserve lands and water
             - Begin fabrication of indoor exhibits
             - Initiate educational out-reach program
             - Continue to augment research and education
             - Develop stronger ties with other NERRs in research,
               monitoring, and education
             - Annual report



        Implementation timetable is subject to changes due to available
        resources and appropriations of State and Federal funds.








































                                   165









                                      APPENDIX B


                       BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY





           BIOGEOGRAPHIC CLASSIFICATION



           Virginian Region
                4. Middle Atlantic Subregion (Sandy Hook to Cape Hatteras)




           TYPOLOGY


           Class I - Ecosystem Types

                Group I - Shorelands
                     A. Maritime Forest-Woodland
                          3. Temperate Deciduous  Biome

                Group II - Transition Areas
                     A. Coastal Marshes - Tidal,  Non-tidal & Tidal Freshwater
                     B. Coastal Swamps
                     C. Intertidal Beaches
                     D. Intertidal Mud and Sand  Flats
                     F. Intertidal Algal Beds
                          2. Southern Latitudes


                Group III - Submerged Bottoms
                     B. Subtidal Softbottoms
                     C. Subtidal Plants




           Class II - Physical Characteristics

                Group I - Geologic
                     A. Basin Type
                          3. Bay
                          5. Tidal River
                     B. Basin Structure
                          1. Coastal plains estuary
                     C. Inlet Type
                          1. Unrestricted
                     D. Bottom Composition
                          1. Sand
                          2. Mud
                          4. Oyster shell





                                      166







                 Group II - Hydrographic
                      A. Circulation
                           1. Stratified
                           2. Non-stratified
                      B. Tides
                           2. Semidiurnal
                           3. Wind/Storm Tides

                      C. Freshwater
                           1. Surface water
                           2. Subsurface water

                 Group III - Chemical
                      A. Salinity
                           1. Positive estuary
                           3. Salinity zones
                                c. Mixohaline
                                      (2) Polyhaline
                                      (3) Mesohaline
                                      (4) Oligohaline
                      B. pH Regime
                           Circumneutral








































                                       167









                                     APPENDIX C


                             MEMORANDUM OF UNDERSTANDING

               Memoranda of understanding (MOUs) are important with various
          agencies, groups and organizations in the management of DNERR.
          Some of these agreements will involve two main management issues:
          the uses, administration, operations and maintenance of
          facilities and components; and the interaction of the Reserve
          with other cooperative programs.

               An MOU between DNREC and the Division of Historical and
          Cultural Affairs will be necessary to operate and manage the
          Dickinson Plantation Visitors Barn's DNERR section.

               Other MOUs will be appropriate as the uses of the Reserve
          become integral tools to other agencies, schools, groups and
          organizations that will depend on the attributes of the DNERR to
          enhance their estuarine programs and the values that their
          efforts will provide to the Estuarine Reserve System. The Friends
          of the John Dickinson Mansion, the St. Jones River Watershed
          Association, the Kent Conservation District, the Delaware Nature
          Society, Wesley College, the University of Delaware, Delaware
          State College, the Cooperative Extension Service, USFWS, USDA-
          SCS, NMFS are a few of the groups that MOU's may be important to
          the successes of the DNERR.

          These MOU's will be developed during the first five years of
          program implementation.

               The following is the MOU between DNREC and NOAA/OCRM
          regarding the Federal-State relationship during the establishment
          and development of DNERR. This MOU commits DNREC to long term
          maintenance and management of the DNERR consistent with the
          national objectives.





















                                     168








                           MEMORANDUM OF UNDERSTANDING


                                     BETWEEN


                              THE STATE OF DELAWARE


                                       AND


               THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION



        The state-Federal Roles in the Delaware National Estuarine
        Research Reserve.


        Preamble
        Thij,,,mpjo;4pdum of Understanding ("MOU") is made this day
        of . - L   -'.: "11 1993 by and between the state of Delaware to the
        benefit of the Department of Natural Resources and Environmental
        control CIDNREC11), having an address at the office of The
        Secretary/DNREC, 89 Kings Highway, Richardson and Robbins
        Building, Dover, Delaware 19903 and the National Oceanic and
        Atmospheric Administration, Department of Commerce ("NOAA11),
        having an address at the sanctuaries and Reserves Division,
        office of ocean and Coastal Resource Management, National ocean
        Service/NOAA, 1305 East West Highway, silver spring, Maryland
        20910 and concerns the establishment and administration of the
        Delaware National Estuarine Research Reserve ("DNERRII).

        WHEREAS, DNREC has determined that the waters and related coastal
        habitats of the DNERR components provide representative
        opportunities to study natural and human processes occurring
        within an estuarine ecosystem; and

        WHEREAS, it is the finding of DNREC that the resources of the St.
        Jones River and Blackbird Creek DNERR components, and the values
        they represent to the citizens of Delaware and the United States
        will benefit from the management of these components as a
        multiple site National Estuarine Research Reserve; and

        WHEREAS, NOAA has concurred with that finding and pursuant to its
        authority under Section 315 of the Coastal Zone Management Act of
        1972 ("CZMAII), as amended, P.L. 92-583, 16 U.S.C. 1461, and in
        accordance with implementing regulations at 15 CFR 921.30, may
        designate the areas of the lower St. Jones River and the upper
        Blackbird Creek as components of the multiple site Delaware
        National Estuarine Research Reserve; and

        WHEREAS, DNREC, as the State agency designated in the management
        plan for the Reserve ("Plan") and by the State of Delaware as
        being responsible for managing the Reserve, acknowledges the need
        and requirement for continuing State-Federal cooperation in the
        long-term management of the Reserve in a manner consistent with
        the purposes sought through its designation.







          NOW# THEREFORE, in consideration of the mutual covenants
          contained herein it is agreed by and between DNREC and NOAA,
          effective on the date of the designation of DNERR, as follows:



          ARTICLE I: State-Federal Roles in Reserve Manacrement

               A. DNREC, as the principal contact for the State of Delaware
                 in all matters concerning the Reserve, will serve to
                 ensure that the Reserve is managed in a manner consistent
                 with the CZMA, and in particular the goals of the National
                 Estuarine Research Reserve System (11NERRS11) under Section
                 315 and the management objectives of the Plan. Its
                 responsibilities for Plan implementation will include the
                 following:

                     1.  Effect and maintain a process for coordinating and
                         facilitating the roles and responsibilities of all
                         agencies involved in the management of the Reserve,
                         including but not limited to:

                         a. The administration of facilities, programs, and
                            tasks related to Reserve management;

                         b. Education and Research agenda developed and
                            implemented in accordance with corresponding
                            elements of the Plan;

                         c. Activities and programs conducted pursuant to
                            the   State's     Federally-approved      coastal
                            management program authorized under the CZMA, as
                            amended; and

                         d. Enforcement programs regulating water quality,
                            fish and wildlife habitat protection, sport and
                            commercial fisheries, and non-consumptive
                            recreational activities;

                      2. As the Governor's designee and the recipient State
                         entity in matters concerning all financial
                         assistance awards authorized under the CZMA, DNREC
                         will apply for, budget, and allocate such funds
                         received for acquisition and development, operation
                         and management, and education, research and
                         monitoring;

                      3. Subject to appropriations, continue the designation
                         of three State positions to serve as Reserve
                         manager, Education coordinator and Research
                         coordinator;







                   4. Seek State and other funding for acquisition,
                      development, management, and operation of the
                      Reserve;

                   5. Seek State and other funding for education and
                      research programs at the Reserve;

                   6. Comply with all of the requirements of Section 106
                      of the National Historic Preservation Act, as
                      amended, and all regulations and guidelines issued
                      thereunder.

                   7. Serve as principal negotiator on issues involving
                      proposed boundary changes and/or amendments to the
                      Plan;

                   8. Submit annual reports to NOAA on the Reserve
                      describing, in accordance with 15 CFR 921.40,
                      program performance in implementing the Plan and a
                      detailed work program for the following year of
                      Reserve operations, including budget projections
                      and research efforts;

                   9. Respond to NOAA's requests for information and to
                      evaluation findings made pursuant to Section 312 of
                      the CZMA; and

                   10. In the event that it should become necessary, based
                      on findings of program deficiency, serve as the
                      point-of -contact for the State of Delaware in
                      actions involving the possible withdrawal of
                      Reserve designation, as provided at 15 CFR 921.42.


            B. Within NOAA, the Sanctuaries and Reserves Division
               (11SRD11), of the Office of ocean and Coastal Resource
               Management ("OCRM") will serve to administer the
               provisions of Section 315 of the CZMA to ensure that the
               Reserve is managed in accordance with the goals of NERRS
               and the Plan. In carrying out its responsibilities, the
               SRD will:

                   1. Subject to appropriation, provide financial
                      assistance to DNREC, consistent with 15 CFR 921 for
                      acquisition, development, management, and operation
                      of the Reserve;

                   2. Subject     to appropriation, provide financial
                      assistance  to DNREC and other eligible entities for
                      education,  research and monitoring programs for the
                      benefit of  the Reserve;







                      3. Serve as the point-of-contact for NOAA in
                         discussion regarding applications for any financial
                         assistance received by DNREC under Section 315 of
                         the CZMA, including any performance standards,
                         compliance schedules, or Special Award Conditions
                        .deemed appropriate by NOAA to ensure the timely and
                         proper execution of the proposed work program;

                      4. Participate in periodic evaluations scheduled by
                         OCRM in accordance with Section 312 of the CZMA to
                         measure DNREC's performance in Plan implementation
                         and its compliance with the terms and conditions
                         prescribed in financial assistance awards granted
                         by NOAA for the Purposes of the Reserve and advise
                         appropriate OCRM staff of existing or emerging
                         issues which might affect the State's coastal
                         management program;

                      5. Regarding SRD-funded research conducted within the
                         Reserve, maintain communication with DNREC and, in
                         a timely manner, supply the DNREC with copies of
                         all progress reports, final reports, and data sets
                         received by SRD; and

                      6. Establish   an   information    exchange    network
                         cataloging all available research data and
                         educational material developed on each Reserve
                         included within NERRS.




          ARTICLE II:   Real Property Acquired for the Purposes 2f the
          Reserv


          DNREC agrees  that deeds for any real property that it acquires
          for the Reserve with federal funds under Section 315 of the CZMA
          will contain the language set forth in 15 CFR 921.21(e).


          ARTICLE III: Program Evaluation

          During the period that federal financial assistance is available
          for Reserve operations and management, OCRM will schedule,
          pursuant to 15 CFR 921.40, periodic evaluations of DNREC's
          performance in meeting the conditions of such awards and progress
          in implementing the Plan and the provisions of this MOU. Where
          findings of deficiency occur, NOAA may initiate action in
          accordance with the procedures established at 15 CFR 921.41.


IN WITNESS THEREOF, the parties hereto have caused this MOU to be
executed.

NATIONAL OCEANIC AND			STATE OF DELAWARE
ATMOSPHERICA ADMINISTRATION	




FRANK MALONEY				CHRISTOPHE A.G. TULOU
ACTING DIRECTOR				SECRETARY
OFFICE OF OCEAN AND COASTAL		DELAWARE DEPARTMENT OF NATURAL
RESOURCE MANAGEMENT			RESOURCES AND ENVIRONMENTAL
NATIONAL OCEANIC AND ATMOSPHERIC	CONTROL
ADMINISTRATION
U.S. DEPARTMENT OF COMMERCE



7/21/93					5/18/93
DATE						DATE


CAPT FRANCESCA M. CAVA			DAVIS S. HUGG III
CHIEF						DIRECTOR
SANCTUARIES AND RESERVES DIVISION	MANAGEMENT AND OPERATIONS
OFFICE OF OCEAN AND COASTAL		OFFICE OF THE SECRETARY
RESOURCE MANAGEMENT			DELAWARE DEPARTMENT OF NATURAL
ADMINISTRATION				RESOURCES AND ENVIRONMENTAL
NATIONAL OCEAN AND ATMOSPHERIC	CONTROL
U.S. DEPARTMENT OF COMMERCE


5/6/93					5/13/93
DATE						DATE









                                      APPENDIX   D








                     DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY



                                                                                   k





























































                                        174



















                                    STATE OF DELAWARE
                     DEPARTMENT OF NATURAL RESOURCES ANo ENVtRONMENTAL CONTROL
                          DIVISION OF SOIL AND WATER CONSERVATION
                                      89 KINGs HIGHWAY
                                       P.O. Box 1401
      OFFICE OF THE                 DOVER. DELAWARE 19903        TELEPHONE: (302) 739 - 441 1
       DIRECTOR

                                     June 2, 1993



           Mr. Lee E. Emmons
           DNERR Program Manager
           office of the Secretary
           Department of Natural Resources
           and Environmental Control
           89 Kings Highway
           P.O. Box 1401
           Dover, DE 19903

           RE: DVERR Final Management Plan - DCMP Consistency

           Dear Mr. Emmons:

                The Delaware National Estuarine Research Reserve (DNERR)
           Final Management Plan was reviewed with regard to its consistency
           with Delaware's Coastal Management Program. Below is an analysis
           of the DNERR document as it relates to the management issues of
           the CMP document.


           Wetlands

                The DNERR project will be in compliance with the 10 policy
           statements in the Delaware CMP report. The DNERR project will not
           destroy any wetlands. A boardwalk has been constructed over a
           portion of wetland of which a permit from DNREC was obtained.

           Beaches and Shorelines

                The DNERR project will not effect the 14 policy statements
           found in the Delaware CMP document. The facility will be set back
           200 feet from the nearest tidal wetland. None of the site's
           beaches will be disturbed. No jetties, piers, groins,
           breakwaters, seawalls, etc. are planned for this facility.

           Coastal Waters

                The DNERR program has been reviewed against all 33 policy
           statements concerning coastal waters found in the Delaware CMP
           document. The DNERR project will be in compliance with all 33
           policies.




                        Ve4l@a@@',t









          Lee E. Emmons
          June 2, 1993
          page 2


          Underwater Lands and the Coastal Strip

               The proposed DNERR facility will be located within the
          "coastal strip" or Coastal Zone as defined in Title 7, Chapter 70
          of the Delaware Code. However that State law only regulates
          heavy industrial uses, manufacturing uses, and bulk product
          transfer facilities. The proposed DNERR facility is none of the
          three. It is a public education and research facility. Therefore,
          it is not regulated by the Delaware Coastal Zone Act and requires
          no permit. Thus, the DNERR project is completely consistent with
          that portion of the Delaware CMP.

               The DNERR boardwalk included a dock which required a
          subaqueous lands lease that was obtained from DNREC.

          Erosion, and Sediment and Stormwater Management

               The DNERR project will require a Sediment and Stormwater
          Management Plan Approval prior to any construction. The property
          owner is responsible for acquiring this approval from the
          Division of soil and Water Conservation of DNREC. The program
          manager of the DNERR project will comply with this requirement.

          Other Concerns

               The DNERR project is in compliance with the policy
          statements found in Sections 5B, 5C, and 5D of the DCMP,
          including the agricultural lands section.

               The facility will require a State permit for an on-site
          septic tank and drain field. In addition, a State permit will be
          required for the public drinking water well. These two permits
          will be acquired as the project approaches the construction
          phase. obviously, the facility cannot be constructed without
          these two permits. Obtaining these two permits will be the
          responsibility of the contractor.

               In summary, The Delaware National Estuarine Research Reserve
          Final Management Plan is consistent with the Delaware Coastal
          Management Program.

               If you require any further assistance or information
          concerning this matter please do not hesitate to contact me.

          sin    ly,
             ,were

            t -(-.I
           arah G. Cooksey
          Program Administrat
          Delaware Coastal Mana @ent
          Program









                                   APPENDIX   E








                NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM PROGRAM


                           REGULATIONS   15 CFR Part 921





























































                                    177










                                                       Monday
                                                       July 23, 1.990



















                                                       p2rt 11

                                                       Department. of
                                                                   erce.

                                                       44       Oceanic -and Atmospheric*
                                                       Admli"_.atlon

                                                       IS CFR Part 921
                                                       Madonal -Estuarine 'Reserve Research
                                                       --SyxWsn Program Roguktions; hftdm
                                                       Fdw


                                             A


299-40	Federal Register/Vol.55. No. 141/ Monday, July 23, 1990/Rules and Regulations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospherica Administration

15 CFR Part 921

(-------No. 70874-0133)

National Estuarine Reserve Research System Program Regulations

AGENCY:  Office of Ocean and Coastal Resource Management (OCRM)
National Ocean Services (NOS) National Oceanic and Atmospheric Administration(NOAA)
Department of Commerce

ACTION:  Interim final rule.

SUMMAR:  The regulations revise existing rules for national estuarine reserves in accordance
with the Coastal Zone Management Reauthorization Act of 1985 (title IV, subtitle D. Pub. L 99-
272) and recommendations contained in the U.S. Department of Commerce, Office of Inspector 
General Report No. --726-5-010, "Opportunities to Strengthen the Administration of the 
Estuarine Sanctuary Program, "Effective wit the signing of Public Law 99-171 on April 7, 1986,
the name of the Estuarine Sanctuary Program changed to the National Estuarine Reserve Research
System Program; estuarine sanctuary sites are now refered to as national estuarine research
reserves.  These regulations revise the process for designation of research reserves.  Greater
emphasis is placed on the use of reserves to address national estuarine research and
management issues, and to make maximum use of the System for research purposes through 
cooridation with NOAA and other Federal and state agencies which are sponsoring estuarine
research.  Additional emphasis is also given to providing financial assistance to states to
enhance public awareness and understanding of estuarine areas by providing opportunities for
public education and interpretation.  The regulations provide new guidance for delineating 
reserve boundaries and new procedures for arriving at themost effective and least costly
approach to acquisition of land.  Clarifications in the total amount of financial assistance
authorized for each national estuarine reserve and criteria for withdrawing the designation
of a reserve have also been added.

DATES:  Effective Date:  These interim final regulations are effective July 23, 1990.

Comments:  Comments are invited and will be considered if submitted on or before September 21, 
1990.

ADDRESSES:  Mr. Joseph A. Uravitch,
Chief:  Marine and Estuarine
Mangement:  Division:  Office of Ocean and Coastal Resource Management
NOS/NOAA; 1825 Connecticut Avenue NW Suite 714; Washington, DC  20235. (202)673-5126

FOR FURTHER INFORMATION CONTACT:

Mr. Joseph A. Uravitch.  (202) 673-5126

SUPPLEMENTARY INFORMATION:

I.  Authority

This notice of Interim final rulemaking is issued under the authority of secion 315(a) of the
Coastal Zone Management Act of 1972 as amended, 16 U.S.C. 1461 (the Act).  The National 
Estuarine Reserve System has been operating under regulations published June 27, 1984
(49 FR 26510).

II  General Background

On October 28, 1988 (53 FR  43816)  NOAA published proposed regulations for continued 
implementation of the National Estuarine Reserve Research System (NERRS) Program pursuant to 
section 315 of the Act, 16 U.S.C. 1461.  Written comments were accepted until December 30, 1988.
These comments have been considered in preparing these final regulations.  A summary of the
significant changes to the proposed regulations is presented below.

These interim final regulations establish the Program's mission and goals and revise procedures
for selecting, designating and operating national estuarine research reserves. 

III.  Changing the Name and Emphasis of the Program

The 1965 Coastal Zone Management Act and its amendments established the National Estuarine
Reserve Research System (System).  The System consists of (1) each estuarine sanctuary 
designated prior to April 7, 1986 which is the date of enactment of the Coastal Zone
Management Reauthorization Act of 1985, and (2) each estuarine are designated after the Act.
The term estuarine sanctuary no longer appears in regulations; the term research reserve or
reserve appears in its place.

The Mission Statement for the System is much the same as for the National Estuarine
Sanctuary Program which existed prior tothe 1965 amendments.  However, the goals for the
National Estuarine Reserve Research System stress the use of reserve sites for promotion and
coordination of estuarine research on a national level as the highest priority and reason for
establishing the System.  The protection and management of estuarine areas and resources are
clearly intended to support the research mission not as ends in themselves.  Consultation by
the Secretary with other Federal and state agencies to promote use of one or more reserves
within the System by such agencies when conducting estuarine research is also a clearly defined
goal of the System.  The regulations also emphasize the use of a reserve's national resources
and ecology to enhance public awareness and understanding of estuarine areas, and to provide
suitable opportunities for public education and interpretation.  This education goal has been
elevated to become one of the essential criteria for designation of a reserve.

IV.  Revisions of the Procedures for Selecting, Designating and Operating National Estuarine
Resource Reserves

(A)  Revision of Designation Criteria.
The Coastal Zone Management Reauthorization Act of 1985 established for the first time
statutory criteria for designating an area as a national estuarine research reserve.   An area
may be designated by the Secretary of Commerce as a national estuarine research reserve if:

(1)  the Governor of the coastal state in which the area is located nominates the area for
that designation; and
(2)  the Secretary finds that;
(A)  the area is a representative estuarine ecosystem that is suitable for long-term research
and contributes to the biogeographical and typological balance of the System:
(B) the law of the coastal State provides long-term protection for reserve resources to
ensure a stable environment for research.
(C) designation of the area as a reserve will serve to enhance public awareness and understanding
of estuarine areas, and provide suitable opportunities for public education and interpretation;
and
(D)  the coastal state in which the area is located has complied with the requirement
of any regulations by the Secretary to implement this section.

Some of these criteria for designation are either new or substantialy more specific than those
contained in the former regulations the Governor of a coastal state must nominate an estuarine
area for designation and findings are required that the law of the coastal state provides
long-term protection for reserve resources to ensure a stable environment for research and
that designation of the area will serve to enhance public awareness and understanding of 
estuarine areas.  The criteria in the existing regulations have been revised accordingly.


Federal Register/Vol.55 No. 141/Monday July 23, 1990/Rules and Regulations

(B) Revision of Site Criteria and Procedures.  The criteria for selecting an estuarine area for
designation as a national estuarine research reserve have been expanded to provide guidance for
determining boundaries for the proposed site. The Office of Inspecotr General Report No. F-725-
5-010 criticized the ----of specific guidelines for setting limits on boundaries ground estuarine
sanctuaries to ensure that only land essential to the mission of the program be included inside
the sanctuary.  References in the existing regulations to ensure that the boundaries encompass 
an adequate portion of the key land and water areas of the natural system to approximate an 
ecological unit are too vague.  The proposed regulations define key land and water areas as a 
"core area" within the reserve which is so vital to the functioning of the estuarine ecosystem
that it must be under a level of control sufficient to ensure the long-term viatility of the
reserve for research on natural processes.  The determination of key land and water areas
must be based on scientific knowledge of the area.  The concepts of a "buffer" zone to protect
the core area and provide additional protection for estuarine-dependent species has also been 
defined in the regulations.  The buffer zone may include an area necessary for facilities 
required for research and interpretation, and additionally, to accommodate a shift of the core
area as a result of biological ecological or geomorphological change which reasonably could
be expected to occur.  State will be required to use scientific criteria to justify the 
boundaries selected for a proposed site.

The information requirements for NOAA approval of a proposed site under existing regulations
were confusing and now have been clarified.

NOAA has recognized the need to conduct studies to develop a basic description of the physical
chemical, and biological characteristics of the site.  As a result states may now be eligilble
for Federal funding of these studies after NOAA approval of a proposed site.

(C)  Management Plan Development.
Once NOAA approves the proposed site and decides to proceed wit designation the state must 
develop a draft management plan.  The contents of the plan including the memorandum of 
understanding (MOU) between NOAA and the state, are specified in teh regulations.  The 
acquisition portion of the plan has been greatly expanded to imlement recommendations in the
Office of Inspector General Report No. F-726-5-010.  It is proposed that states be required
to justify the use of fan simple acquisition methods and make greater use of non-fee simple
methods to conserve expenditure of funds.  For each parcel, both in the core area and the
buffer zone, states must determin,, with appropriate justification (1) the minimum level of
control(s) requied, (2) the level of existing state control, and (3) the level of additinal 
state control(s) required; states must also examine all reasonable alternatives for attaining 
the minimum level of long-term control required which is sufficient to meet the statutory
requirement that "the law of the coastal state provides long-trm protection for reserve
resources to ensure a stable environment for research.  See 16 U.S.C.-1461(b)(2)(B).
(D)  Financial Assistance Awards for Site Selection and Post Site Selection.
The first of five types of awards under the National Estuarine Reserve Research System is
for site selection and post site selection which includes preparation of a draft management
plan (including MOU) and the collection of information necessary for preparation of the
environmental impact statement.  The maximum total Federal share of these awards has been 
raised to $100,000 as described in - 921.-.  Of this amount up to $35,000 may be used to 
conduct the site selection process as described in -921.11.  after NOAA's approval of a 
proposed sits and decision to proceed with the designation process, the state may expend
(1) up to $40,000 of this amount to develop the draft management plan and collect information
for preparation of the environmental impact statement; and (2) up is the remainder of
available funds to conduct studies to develop a basic description of th ephysical, chemical,
and biological characteristics of the site.
(E)  Financial Assistance Awards for Acquisition, Development and Initial Management.  The
regulation divide eligibility for financial assistance awards for acquisition and development
into two phases, in the initial phase state are working to meet the criteria required for
formal research reserve designation, -- establishing adequate state control over key land
and water areas is accordance with the draft management plan and preparing a final 
management plan.  In this predesignation phase, funds are available for acquiring interest in
land, which is the primary purpose of this award and for minor construction (e.g. natur trails 
and boat ramps), preparation of architectural and engineering plans and specifications,
development of the final management plan, and hiring a reserve manager and other staff as
necessary to implement the NOAA approved draft management plan.

The length of time for this initial phase of acquisition and development may be up to three
years.  After the site receives Federal designation as a national estuaine research reserve, the
state may request additional financial assistance to acquire additional property interests
(e.g., for the buffer zone), for construction of research and interpretive facilities, and
for restorative activities in accordance with the approved final management plan.

The Coastal Zone Management Reauthorization Act of 1985 specifies that the amount of financial
assistance provided with respect to the acquisition of land and waters, or interests therein,
for any one national estuarine research reserve may not exceed an amount equal to 40 per
centum of the costs of the lands, waters, and interests therin or $4,000,000 whichever amount
is less.

The amount of Federal financial assistance provided under the regulations for development costs
directly associated with major facility construction (i.e. other than land acquisition) for
any one national estuarine research reserve most not exceed 50 per cuntum of the costs of such
construcitn of $1,-00,000 whichever amount is less.

(F)  Financial Assistance Awards for Operation and Management.  The amount of Federal financial
-----tance available to a state to manage the reserve and operate programs consistent with the
mission and goals of the National Estuarine Reserve Research System has been raised from
$30,000 to $70,000 for each twelve month period.  Up to ten per cent of th total award
(Federal and state) each year may be used for construction type activities.
(G)  Financial Assistance for Research.  The Coastal Zone Management Reauthorization Act of
1965 specifically affects the conduct of the System's research program by establishing the
requirements for developing Estuarine Research Guidelines for the conduct of research
within the system and specifying what these guidelines shall include.  The legislation also
requires the Secretary of Commerce to require that NOAA in conducting or supporting estuarine

299-12		Federal Register/ Vol.55. No. 141/ Monday, July 23, 1990/ Rules and Regulations

research give priority consideration to research that uses reserves in the System and that NOAA
consult with other Federal and state agencies to promote use of one or more reserves by such
agencies when conducting estuarine research.

The research guidelines, which are referred to in the regulations but are ont part of them state
that NOAA will provide  research grants only for proposals which address research questions and
coastal management issues tha have highest national priority as determined by NOAA in consultation
wit prominent members of the estuarine research community.

One significant addition to the regulations is that researach awards are available on a 
competitve  basis to any coastal state or qualified public or private person, thus making it
possible for public or private persons, organizations, or institutions to complete with
coastal states and coastal state universities for NOAA research fundin to work in research 
reserves.

(H) Financial Assistance for Monitoring.  The Coastal Zone Management Reauthorization Act of 
1985 authorizes the award of grants for the purposes of conducting research and monitoring.
While objectives in estuarine research and estuarine monitoring are mutually supportive,
monitoring.  While objectives in estuarine research and estuarine monitoring are mutually 
supportive, monitoring is generally designed to provide information over longer time frames and
in a different spatial context.  Consequently a separate subpart addressing specifically the
development and implementation of monitoring projects has been included in the regulations.
(1) Financial Assistance Awards for Interpretation and Education.  The Coastal Zone Managemen
Reauthorization Act of 1965 authorizes the award of grants for the purposes of conducting
educational and interpretive activities.  To stimulate the development of innorvative or
creative interpretive and educational projects and materials which enhance public awareness
and understanding of estuarine areas, the regulations provide for funds to be available on a
competive basis to any coastal State entity.  These funds are provided in addition to any other 
funds available to a coastal state under these regulations.

Categories of potential educational and interpretive projects include:  (1)  Design, development
educational distribution/placement of interpretive or educational media (i.e. the development
of tangible items such as exhibits/displays, publications, posters, signs, auio-visuals,
computer software, and ---- which have an educational or interpretive purpose, and techniques
for making available or locating information concerning reserve resources activities, or 
issues):  (2)  Development and presentation of curricula, workshops, lectures, seminars,
and other structured programs or presentations for on site facility or field use:  (3) 
Extension/outreach program; or (4) Creatve and innovative methods and technologies for
implementing interpretive or educational projects.  

Interpretive and educational projects may be oriented to one or more research reserves or the
entire System.  Those projects which would benefit more than one research reserve, and it
practical, the entire National Estuarine Reserve Research System shall receive priority 
consideration for funding.

V.  Summary of Significant Comments on the Proposed Regulations and NOAA's Responses

NOAA received comments from 16 sources.  Reviewers included Federal and state agencies, academic
institutions, an the National Estuarine Research Reserve Association.  The comments of the
National Estuarine Research Reserve Association (NERRA) are a summary of comments submitted to
NERRA by most of the managers of the existing and proposed national estuarine research reserves.
All comments received are on file at the Marine and Estuarine Management Division, Office of
Ocean and Coastal Resource Management and are available at that office for review upon request.
Each of the major issues raised by the reviewers has been summarized and NOAA's responses
are provided under the relevant subheading in this section.

General:

Three reviewers recommended that more emphasis be placed on developing an information network
among research reserves and between research reserves and research and educational groups and
institutions.  Two of these reviewers noted the absence in the proposed regulations of a paragraph
which had addressed th is subject in the existing regulations [49 FR 26502, June 27, 1964].
The deleted paragraph concerned the development and Federal administration of a research and
education information exchange network for the System.

Response:  NOAA agrees. The section referring to information exchange between NOAA and the
Reserves has been reinstated in $921.1(h).

Specific:

Section 921.1-Mission Goals, and General Provisions

Proposed $921.1(c)-One reviewer: suggested the deletion of the first sentence of this provision
which states, "National estuarine research reserves shall be open to the public."  This
reviewer noted that in multiple component reserves some components may not be appropriate for
general public access; either because of the purpose or emphasis of management at that site
(e.g., research) or due to the limited interest which the managing entity has in the component
(e.g., a conservation easement which does not provide for unlimited public access).  This
reviewer expressed concern that state denial of general public access at such components of
a reserve could be challenged on the basis of this provision.

Response:  Consistent with the goal of the National Estuarine Reserve Research System to
"enhance public awareness and understanding of the estuarine evnironment and provide suitable
opportunities for public education and interpretation," public aaccess should be allowed to 
the greatest extent possible permitted under State and Federal law within national estuarine
research reserves shall be open to the public", doesn ot require tht all components of a multi-
component reserves or the entire area within teh boundaries of a single component reserve be
open to the general public, unconditionally.  The last sentence of $921.1(c) reads "Consistent
with resources protection and research objectives, public access may be restricted to certain
areas within a research reserve.  Where unconditional public access isn ot consistent with
resource protection and research objectives as stated in the approved management plan (e.g.,
public access would interfere with reserve research or is likely to diminish the value of reserve 
resources for future research) it must be limited accordingly.  Just as certain areas are
identified in reserve management plans as beingmore or less sensitive to public access impacts
in single component reserves, the same is true of components in multi-component rserves, the
same is true of components in multi-component reserves.  Frequently in management plans for
multi-component reserve one or more components will be identified as thos for which the
relative as those for which the relative management emphasis will be public education and
interpretation.  Similarly, other componentt are identified as those

which emphasize research and resource protection.

Proposed $921.1(d) and $921.1(e)-Seven reviewers commented on these plrovisoins.  These comments
ranged from one sentence requesting clarification to approximately six pages of comments 
dedicated to these provision alone.  These comments also ranged from expressing concern or
objection regarding the proposed .  Limitations on habitat manipulation to suggesting a more
restrictive approach support for an outright prohibition on habitat manipulation, whether for
management or research, except for restoration activities where such resotration can avoid
long-term adverse impacts.  Another reviewer commented extensively on this provision; expressing
strong objections to a prohibition on habitat manipulation activities for management purposes.
This reviewer stated that the "preservation" of a habitat requires active management involving
habitat manipulation.

One reviewer requested clarificatin of the difference between restoration activities and
habitat manipulation for research ormanagement purposes.  One reviewer suggested criteria for
assessing the degree of "manipulation" a proposed research project may involve.  One reviewer
requested clarification of the instant of this provision and how it may apply to:  (1)  actions
necessary to protect public health:  (2)  portection of existing species; and (3) allowances
for restorative activities for historical preservation.  One reviewer stated that whatever
type of habitat manipulation determined allowable by NOAA, day to-day site management decisions
are best made by the professional staff of each reserve.

One reviewer requested clarification of the intent of this provisions and of the differences between
bahitat manipulation for research, habitat manipulation for management, and habitat minipulation
for restoration.  This same reviewer stressed the primary importance of the ecological and
representative integrity of a reserve.

Response:  The mission of the National Estuarine Reserve Research System, as stated in $921.1(a),
"is the establishment and management through Federal-state coooperation of a national system
of estuarine research reserves representative of the various regions and estuarine types in
the United States"(emphasis added).  The first Secretarial finding required for designation
of an estuarine area as a national estuarine reserve under section 315(b)(2)(a) of the Act, 16
U.S.C. 1461 (b)(2)(A), is that "the area is a representative estuarine ecosystem that is suitable
for long-term research and contributes to the biogeographical and tpoiogical balance of the
System" (emphasis added).

The primary intent of $921.1(d) and (921.1(e) is to restrict and allow activities involving
habitat manipulation to the degree necessary to ensure that reserves are and continue to be,
representative estuarine ecosystems.  It is this mission and requirement of the statute that the
System goals of $921.1(b) are meant to support.  This mission and requirement of the statute, is
the foundation upon which the Systems is built the primary basis on which estuarine areas are
selected and designated as reserves and the underlying principle with which all other aspects
of reserve development and operation must be consistent.  As one reviewer stated, in no case 
should the ecological or representative integrity of a reserve be comprised.

Habitat maniputlation activities conducted for a purpose other than (1) restoring the 
representative integrity of a reserve or (2) estuarine reserach are not consistent with this
requirment of the statute or the mission of the System.   A reasonable limitation on the
nature and extent of habitat manipulation activities conducted as a part of estuarine research
is necessary to ensure that the represenative integrity of a reserve is protected.  Likewise,
reasonable exception to these limitations on habitat manipulation activities are appropriate for
reasons of public health and the protectio of other sensitive resources (e.g., endangered/threatened
wildlife and isgnificant historical and cultural resources).  If habitat manipulation is
determined to be necessary in such a casse, then such activities shold be limited so as not
to significanlty impact the representative and ecological integrity of the reserve.

Contrary to the assertion of one reviewer, the intent of designating and managing a research reserve
in not to"preserve" that particular habitat in a stasis condition.  Estuarine ecosystem
are naturally dynamic habitats which we have yet to fully undestand.  NOAA's intent in
designating estuarine areas as national estuarine research reservees is to protect the 
representative character of each individual reserve and thereby establish a national system of
estuarine areas representative of the biogeographic regions and esturine types of the United
States.  These representative estuarine research reserves then provide opportunties for
long-term research, education, and interpretation.

Generally, it is NOAA's belief that given the less-than perfect state of knowledge regarding both 
the functioning of estuarine ecosystems and the effects of natural and anthropogenic
change that manipulation should be carefully limited within estuarine research reserves. Outside
the context of a carfully planned, and peer reviewed, research or restoratoin activity, NOAA
believes that habitat manipulation for management purposes involves a significant rish to the
representative integrity and character of a national estuarine research reserve.  As a
result, the parase in the proposed regulations "habitat manipulation for resource management
purposes" is intended to mean habitat management for the promotion of a paticular species or
habitat, or  for some purpose other than research involving or retoration of a representative
"natural" estuarine ecosystem.

NOAA acknowledges that much research involves some degree of manipulation of the resource(s) 
and habitat(s) which are the subject of study.  In this regard, reserves are not intended to
be "control" habitats only, and some degree of habitat manipulation is recognized as an
essential aspect ofm uch important estuarine research.  However, research activities conducted
within a reserve sholdn ot involved manipulative activities that, because of their nature or
extent, would isgnificantly impair the "natural" representative value(i.e., representative
character) of the reserve.

NOAA ---- acknowleddges that restoration efforts may inivolved extensive habitat manipulation
activities.  May estuarine areas have undergone some ecological change as a result of human
activities (e.g., hydrological changes intentional/unintentional species composition changes-
introduced and exotic species, etc).  In those areas designated as national estuarine research
reserves, such changes may have diminished the representative character and integrity of the site.
Where restoration of such degraded area is determined necessary within the contect, such 
activities must be carefully planned.  Much research is necessary to determine the "natural"
representative state of an estuarine area(i.e., an estuarine ecosystem minimally effected
by human activity or influence).  Frequently , such restoration activities provide excellent
opportunities for management oriented research. 

In response to reviewers requests for clarification and consistent with the response provided
above, $921.1(d) and


299-44		Federal Register/ Vol. 55, No. 141/ Monday, July 23, 1990/Rules and Regulations

$921.1(e) have been revised appropriately.  Proposed $921.-(-(1) One reviewer: recommended
that a formula be established that would "pre-determine the minimum level (percentage) of funds
that would be set aside within the total (System) bedget for specific categories (Research Education,
MOnitoring, Operation/Management, Acquisition, and Deveopment).  "In addition, this same
reviewer recommended that the allocatoin of acquisition/development funds shold be made on the
basis of greatest need measured against predetermined criteria.

Response:  NOAA acknowledges that under certian conditions establishment of predetermined 
percentages for allocating funds among programmatic categories could provide greater
predictability in the distribution of Federal funds among reserves.  However ,the advantages
of such an approach depend on a predictability in both the level of annual appropriations as
well as major acquisition and development needs for the Reserve system.  The undertainties in 
appropriation levels and acquisition needs are sufficient enough to make an allocation formula
among the six major funding categories (research, education, monitoring, predesignation,
acquisiton/development, operations) unfeasible.

NOAA attaches primary importance to long term support for the operational needs at each
reserve as described in $921.32 of these regulations, and to fulfilling the research,
educatin and monitoring objectives of the program unlimited eligibility for these for the
awards.(2)  Four reviewers expressed concern or objection to limiting the funding eligibility
of any one reserve under any type of award, particularly operation/management awards.  These
reviewer's comments ranged form general concern to recommending that all funding copas be 
removed from all types of awards.  These reviewers also stated their general concern
regarding a perceived lack of long term Federal financial commitment to the System.

Response:  Annual appropriations are limited, not unlimited.  Funding eligibility limits for
each reserve have been established in regulations only where determined appropriate and necessary 
for  the establishement and on-going support of themission and goals of the System.  These
regulations establish annual eligibility limits for operations ($70,000 per year, per reserve)
and program LIfe limits for site acquisition ($4 mission per reserve).  Funding eligibility 
limits have not been established for research, monitoring, and education grant funds.  See
subparts F.G.H. Site acquisition limits are statutory (16 U.S.C. 1461 (e)(3)(A))

Funding limits ensure that some funding is available for those types of awards which
support most directly the omission and goals of the System (i.e., generally, after
designation of a reserve the compentive awards).  As importantly, funding limits are necessary
to ensure that available funds are awarded in a relatively fair and proportional manner among
national estuarine research reserves.  In the absence of such limits, one or a few
research reserves cold receive the bulk of available funds at the expense of all other reserves.
These limits prevent such a substantially disproportionate distribution of limited funding.

At present, some of the existing research reserves in the System are approaching the eligibility
limits for acquisition and facility development awards while most have received less than 50
per cent, and a number less than 25 per cent of the eligibility limits of these type of
awards - a difference between these categories of approximately one to three million dollars.
These differences are justifiable on the basis of relative need, reserve size, property
values, construction costs, etc.  A greater difference in relative allocatin of funds
between reserves would favor disproportionally some resers and as a result be detrimental
to the System as a whole.

Eligibilitylimits are established for the purposes noted above and not to unreasonably
restrict a research reserve from access to available Federal funds.  On the basis of
NOAA's experience in administering Federal financial assistance for the System and because
of comments from many research reserve, the elligibility limit for operation/management
awards was raised to a maximum of $70,000 per site per year in response to comments on
the proposed regulations, the eligibility limit for major facility construction has been
raised 50 per cent in these final regulations (see response under proposed $921.31 below).

Proposed $921.1 (g) - One reviewer disagreed with the requirments that land already in a 
protected status can be included within a reserve only if the managing entity commits
to long-term non-manipulative management. 

Responses:  NOAA believes this requirement is necessary consistent with the mission and
goals of the System.  Essentially this same subject is discussed in the responce to comments
on proposed $921.1(d) and $921.1(e).  In order to clarify the intent of this provision,
NOAA has revised this sentence to include a reference to the revised $921.1(d) and $921.1(e).

Section 911.2-Definitions

Proposed $021.2(b) - It was noted that the Secretary of Commerce recently designated
authority for matters relating to National Estuarine Research Reserves to the Under Secretary
for Oceans and Atmosphere.

Responses:  NOAA agrees with the recommended modification and has changed references from the 
Assistant Administrator to the under Secretary throughout.

Proposed $91.2(d) - One reviewer recommended a modification to the second sentence of the
definition of esttuary to include the term measurable dilutd with freshwater rather than
minimally diluted.

Response:  NOAA agrees with the recommended modification the recommended term "minimal" should
be the term "measurable".  The definition has been changed accordingly.

Proposed $921.2(e)- Five reviewers stated that some confusion has resulted in the reversed order of 
ther terms research and reserve in the name of the System, National Estuarine Reserve
Research System, and the name of each individual reserve, national estuarine research reserve.

Responses:  NOAA acknowledges that some confusion has arisen as a result of this difference.
However, this is statutory language which only can be changed by amending the Act.

Section 921.4-Relationship to Other Provisions of the Coastal Zone Management Act.

It was noted that the existing program regulations describe this section as "Relationship to
other provisions of the Coastal Zone Management Act and to the National Marine Sanctuary 
Program".  Text describing the relationship between the Reserve and Sanctuary Programs was omitted.

New marine sanctuaries and estuarine research reserves are being designated in close geographic
proximity to one anotehr and therefore improved coordination between the two programs is
warranted.

Responses:  NOAA agrees.  The revision of the Section heading and text shold be adopted and
strengthened.  The omission of this information from the proposed regulations was an
oversight.  The Section heading and text have been revised appropriately.

Section 921.10-General

Proposed $921.10(a) - Five reviewers objected to two ormore states which

share a biogeographic region being limited to the development of a single reserve, even if it
was a multicomponent reserve with components in each respective state (e.g., Maryland and
Virginal in the Chesapeake Bay subregion of the Virginia beiogeographic region).  These
reviewers specifically objected to the eligibility limit on land acquisition funding (see $921.70(b)
and (921.20) as it applies to any individual reserve, single or multiple component.  

Response:  NOAA agrees.  Some of the System's biogeographic subregions are represented by
more than one reserve in more than one state.  As a result, inthe case of a biogeographic region
(see Appendix 1)shared by two or more states, each such state should be eligible for Federal
financial assistance to establish a national estuarine research reserve within their respective
portion of the shared biogeographic region.  Section 921.10(a) has been amended to reflect this
revision.  Because of this revision, the phrase which begins "In the case of a multicomponent
national estuarine----in $921.1(a), $921.31, and $921..32(c) is no longer necessary and has been
deleted.

Proposed $921.10(b)-Two reviewers commented that NOAA should consider a higher elligibility
limit or relative greater funding for awards to multicomponent reserves than to single
component reserves.

Response:  NOAA disagrees.  Funding for the System is limited.  A State elects to establish
a mult-component reserves or expand a single component reserve with full knowledge of the
identical eligibility limits on my individual reserve, whether single or multiple component.
Establishing separate funding eligibility limits for, or disproportianlly funding, 
multicomponent reserves would be likely to have a significant adverse impact on single
component reserves and as a result the System as a whole.  Futher, acquisition and development
funds are limited by the Act.

Section 921.11-Site Selection

Proposed $921.11(c)(2)-One reviewer recommended that the last sentence be revised to 
eliminate reference to "a natural system."

Response:  NOAA agrees that a minor revision is necessary to clarity the intent of this 
sentence.  The sentence has been revised in a manner consistent with corresponding clarifying
revisions to $921.1(d) and $921.-(e).

Proposed $921.11(c)(-)-Three reviewers commended areas or zones.  Two of thse reviewers 
recommended deleting the concept of a buffer area.

The remaining reviewer recommended extensive revisions to the subsection to provide guidance
on where habitat manipulation would be allowed. 

Response:  After careful review of this subsection.  NOAA does not believe that the buffer zone
concept should be deleted or that substantive revisions are appropriate.  The basis approach
presented is sound.  A critical concept and distinciton between the two areas which may have
been overlooked is that key land and water areas ("core") and a buffer zone will likely require
significantly different levels of control (see $921.13(a)(7)).  In addition to the basic
principles established in the regulations.  NOAA has developed more detailed boundary
guidance which is available to states attempting to conduct the difficult process of boundary
delineation of a proposed site.

Proposed $021.11(c)(5)-One reviewer recommended amending this site selection principle to
include "the support of ongoing or planned management activities in nearby estuaries, including
these in the National Estuary Program."

Response:  NOAA considers $921.11(c)(5) to encompass this concern in that the State is 
required to demonstrate how the proposed site is consistent with existing and potential
land and water uses.  Both the designation by NOAA of a reserve under the Act and management
plans developed through the National Estuary Program of the U.S. EPA are submitted to the 
States for a determination of consistancy under secion ---(c)(1) of the Coastal Zone
Management Act of 1972 as amended.  NOAA  ------ this ------- -- an effective means for
ensuring that reserves support and advance the relevant coastal and estuarine management
objectives including those of the National Estuary Program.  Therefore, $921.11(c)(5) has been
amended to make more specific our intent that the site support estuarine management objectives.

Section 921.12-Post Site Selection

Proposed $921.12(a)-Two reviewers recommended a separate type of award for monitoring that
would provide long-term monitoring that would preside long-term support for these activities.

Response:  NOAA agrees.  A new subpart G-Monitoring has been added to the regulations
(subparts G and H of the proposed regulations being relettered as subparts H and I, 
respectively; and the section number being renumbered accordingly), initial funding for basic
characterization of the physical, geological, chemical, and biological characteristics of the
site will continue to be provided under $921.12-Post site selection.  In addition, however,
under the new subpart G,NOAA may provide financial assistance on a competitive basis for each parase
of a monitoring program.  These grant awards will be separate from those provided for
estuarine research under subpart F.

Section 921.13-Management Plan and Environment Impact Statement Development

Proposed $921.13(a)(7)-Three reviewers provided comment on the acquisition plan guidance of 
this subsection.  Two reviewers requested additional guidance on what constitutes "adequate
state control" and commented that the requirement to assess the coat effectiveness of control
alternatives is excessively burdensome.  The remaining reviewer stated that having four million
dollars in funds available for land acquisition is not consistent wit the requirement to 
conduct an assessment of the cost effectiveness of acquisition alternatives.

Response:  What constitutes "adequate State control" is dependent on site specific 
circumstances and requirements.  The most efficient use of available acquisition funds can
only be ensured through the ---------------------of reasonable control, or acquisition alternatives
and an assessment of their relative  cost and affectiveness.  This does not necessarily mean
that the ---- costly  ------ in dollars in the alternative that must be selected.  It does
mean, however, that all reasonable control alternatives should be thoroughly examined and
their relative costs identified.  The development of an acquisitoin plan is an allowable
cost (Federal or matching share).  Four million dollars is not "available," but is the
eligibility limit for land acquisition funds for any one reserve.  Regardless of the amount of
funding available for land acquisition, a thorough assessment of acquisition alternatives and their
cost effectiveness is necessary to ensure responsible and efficient use of Federal grant
funds.  At a minimum, the degree of state control must provide adequate long-term protection
to ensure for reserve resources a stable environemnt for research. 

Proposed $921.1-(a)(11)-One reviewer stated that NOAA's responsibility to make a consistency
determination should be made clear ealy in the regulations.

Response:  NOAA agrees.  A reference subsection to clarify NOAA's consistency determination
responsibilities early in preparatino of the management plan.

299-46	Federal Register/Vol. 55. No. 141 / Monday, July 23, 1990/ Rules and Regulations

Section 921.20-General

Proposed $921.20-Two reviewers requested a clarifying revision to the last sentence of this 
subsection; the addition of the phrase "to a coastal state."

Response:  NOAA agrees and the section has been revised accordingly.

Section 921.31(e)-Initial Acquisition and Development Awards

Two reviewers provided comment on this section.  The first reviewer requested clarification
that the provisions regarding de-designation of a site applies only to properties acquited
with Federal funds. The second reviewer stated that the provision to compensate the Federal
government for its share of the acquisition cost in the event of dedignation may be contrary to
overall coastal protection objectives because the state may have to sell the property
to development iterests in order to fully compensate the Federal interest.

Response:  NOAA does not believe additional clarification is necessary.  This subsection
states specifically that these provision apply to "any real property acquired in whole or part
with Federal funds...." The second commenter acknowledges correctly that these requirements are
designed to accomplish the goals of the National Estuarine Research Reserve System and that this
provision helps ensure that reserves maintain the standards ----- established for the system
and, if they do not, that a percentage of the fair market value is available to other reserves.
It should also be noted that these provisions are not new and have been in place since the
inception of the Reserve program through grant directives contained in OMB Circular A-102.
The provisoins in the Reserve regulations are taken directly from the A-102 Circular and
apply to all real property acquired in whole or part with Federal funds.  It should also be
noted that there are other alternatives aside from sale of the property.  In the event of
de-designation the state may retain title or transfer title to the Federal government.  In 
these instances it is likely that the resources of the reserve could continue to be protected. 
While none of these alternatives are inexpensive they do, as noted by the commenter, help
ensure that the site continued to be managed and maintained in conformance with research
goals and objectives.  

Section 921.30-Designation of National Estuarine Research Reserves

Proposed $921.30(c)-Two reviewers provided comments on the designation criteria listed in this
subsection.  One reviewer recommended a change in (a)(4) at variance with the Act.  The addition
to the designation findings to include a requirement that, in this case of a State which 
contains, in whole or part, a national estuary program convened pursuant to section 320 of the
Clean Water Act suitable consideration has been given to integration of research and public
education programs of the estuarine research reserve and the national estuary program.  It has
also been noted that the final management plan as the governing document for subsequent 
operations and management of the reserve should contain the signed designation findings. 
Subpart (a)  of this section should also be revised to show that the Under Secretary is 
responsible for designation of reserves in accordance with the delegation of that authority 
with the delegation of that authority from the Secretary of Commerce.

Response:  The terms for designatin of a National Estuarine Research Reserve are set forth in 
the statute.  NOAA agrees that research and education programs should be integrated between
Environmental Protection Agency's National Estuary Program and NOAA's National Estuarine
Reserve Research System.  This effort has already been initiated through a memorandum of -----
understanding between the programs at the National level and is being pursued at the local
level, where appropriate.  Therefore, NOAA believes it does not require restatement in the
program regulations.  However, NOAA agrees that the management plan should contain the findings
of designation and the regulations should show that the Under Secretary is resonsible for
designation.  The regulations have been revised accordingly.

Section 921.31-Supplemental Acquisition and Development Awards

Proposed $921.31-Four reviewers expressed concerns that the eligibility limit of $1,000,000 in
Federal financial assitance for facility construction may not be adequate to meet
anticipated long term needs and should be increased or eliminated.

Response:  NOAA agrees.  The eligibility for facility construction has been increased 50
percent to $1,500,000.

Section 921.32-Operation and Management Implementation of the Management Plan

Proposed $921.32(a-d)-Seven reviewers objected to the eligibility limit on operations and
management awards.  They noted that the statue contains no provisoin for withdrawal of Federal
support for continued operation of the reserves.  The termination of Federal support for the
individual sites is viewed as a lack of Federal commitment to the long-term maintenance of a
representative system of estuarine research and education sites.

Responses:  The Reserve Program was designed and continues to be a State-Federal partnership.
The key to this partnership is the requirement that NOAA share with the Statee reserve program
the financial needs associated with site designation, land acquisition, research, education,
and operations.

As discussed previously, appropriate eligibility limits ensure that funding is available for
competitive research education and monitoring awards.  If as some reviewers suggested, NOAA
removed the annual monetary ceiling for operations and other awards an inequitable and 
disaproportionate distribution of the limited funds for the program could result.  Annual
operational eligibilit limits in addition to ensuring the availability of funds for 
competitive projects provide a stability and even distribution among designated and developing
reserves.  Consequently NOAA is retaining the eligibility limit of $70,000 for operations
and management per site per year. 

NOAA concurs with the reviewers assertion that the statute does not direct the Federal
Government to abandon its support and financial commitment to reserve operations at the 
conclusion of a  prescribed period of time or when an arbitrary cumulative funding ceiling for
Federal support of operations has been met.  By imposing a fixed duration for Federal support
of Reserve operations NOAA may undermine its ability to participate effectively with the 
Reserve system to address coastal and estuarine management issues of national significances.
The previously proposed three year support per position allocated through a $420,000 operations
ceiling also established a complet and burdensome administrative process which is further
complicated when allocated among Reserves which have already recieved operations support, 
and the newly designated sites which have yet to receive such support.  To simplify, streamline
and improve NOAA's effectiveness in support of

Fedeal Register/	Vol. 55  No. 141/ Monday, July 23, 1990/  Rules and Rgulations  29947

Reserve operations, the three year restriction and other references to cessation of Federal
support for operation and management at the reserves have been removed throughout the regulations.

Section 921.33-Bundary Changes, Amendments to the Management Plan, and Addition of Multiple-site
Components

Proposed $921.33(c)-One reviewer recommended deletion or substantial modifications of this 
subsection to recognize the State's right and ability to appropriately plan and legislate its 
legal charge-the research reserve.  In summary, this reviewer objected to NOAA's approval authority/
requirement for activities discussed in this subsection.  The reviewer suggested that is should
be sufficient if the State provides NOAA an opportunity for review and comment on proposal
changes.

Responses:  NOAA disagrees.  NOAA is responsible for Federal oversight of the System for Federal
oversight of the System and each designated research reserve.  As long as a State wishes for a
reserve to remain part of the System and to retain Federal designation.  NOAA will continue
to require Federal approval of changes in that research reserve's boundaries and management.

General

Proposed $921.-- $921.-- and $921.42-Several reviewers recommended clarification of the criteria
to be used during performance evaluations.  Performance criteria should clearly state what
constitutes adequate or inadequate performance.  One commentator provided a list of items
suggested for inclusion in an evaluation.  Three reviewers made suggestions on the composition
of the evaluation team recommending non-Federal and private individual participation while another
commentor suggested the regulations indicate criteria for choosing the members of the
evaluation team.  Finally, a recommendations was offered that the evaluation stress
integration of the Reserve program with other state coastal/research programs and that the
regulations provide for other sidpute resolution mechanisms sheet of litigation.

Response:  The periodic evaluation of a national estuarine research reserve is contral to
NOAA's ability to ensure that reserve operation and management is being conducted is being
conducted in a manner fully consistent with program goals and objectives as defined in section 
315 of the Act 16 U.S.C. 1461, and its implementing regulations.  The criteria for an evaluation
corresponds directly with the program goals as specified in $921.1 of these regulations.  The 
five goals described in this section are nearly identical to the criteria proposed by one
commentor.  The commenter added cost-effectiveness using Federal funds as an additional
criteria which, while not directly stated as a implicit goal in the regulations is implicit
in any evaluation of efficient management of the total reserve program.

It is not feasible to establish a checklist for any evaluation to predetermine what constitutes
adequate versus inadequate performance.   Each reserve has very uniqu administrative structures,
environmental resources, and corresponding management needs.  NOAA views the evaluation process
to be a highly collaborative effort with the State such that the evaluation can be used to
focus on particular and specific problem areas.  It is not appropriate to attempt to 
construct a lit--- test for inadequate or adequate performance which could reasonably anticipate
the substantial variety of issues that are addressed in the evaluation process.  NOAA would
be justifiably criticized for applying an artificial measure against unique and site-specific
circumstances.

NOAA agrees with the comments made regarding paticipation of other officials in the evaluation
process.  Such officials in the evaluation process.  Such officials provide recommendations to
NOAA on specific issues in the evaluation.  To ensure that Reserve personnnel are directly
involved in selction of the evaluation team, $921.40(c) has been revised to indicate that NOAA
will consult with and request recommendations from the Reserve on the appropriate non-NOAA
participants prior to the evaluations.  The recommendation that the evaluation examine
coordination between the Reserve program and other coastal research efforts is ---- consistant
with NOAA subjectives for the evaluation process and is currently considered under Reserve program
criteria to "promote Federal, State, public, and private ue of one ormore reserves within the
System when such entities conduct estuarine research."  NOAA however, does not agree with the
comment that other dispute resolution mechanisms should be devised short of litigatin in the
event of an unfavorable evaluation that may lead to withdrawal of designation.  The provisions
contained in both $921.41 and $921.42 provides a lengthy and elaborate process for 
addressing major differences between the NOAA and the Reserve relative to suspension of
financial assistance or withdrawal of designation.  This process is expressly designed to avoid
litigation on these issues.  Therefore, NOAA does not agree that additional mechanisms for
dispute resolution are warranted.

Proposed $921.40(e)-Two reviewers recommended a ninety-day requirement for State submittla 
of an annual report instead of sixty days.

Response:  NOAA agrees.  Section 921.40(e) has been revised accordingly.  NOAA also notes
that this section indicates that inadequate annual reports will trigger a full scale performance
evaluation.  This provision is no longer needed since $921.32 has been changed to provide long-
term eligibility for operations support.  Evaluations consequently will be conducted generally
at least every 3 years.  The statement has therefore been deleted.

Section 921.50-General 

Proposed $921.50(a)-Four reviewers commented on this subsection.  Three reviewers recommended
that research funded under this subpart be allowed in an area larger than the boundaries of the
research  reserve.  One of these reviewers also recommended that the managing entity of the
reserve approve all research prior to NOAA funding.  One reviewer expressed concern that
funding eligibility is tied to NOAA approval of a final management plan.

Response:  NOAA agrees that greater flexibility should be provided for the area in which federally
funded research under this subpart may be conducted.  The regulations have been revised to
allow research activity in the immediate watershed of the reserve with still requiring the
majority of funded activities to be conducted within the boundaries.  NOAA also agrees that
the managing entity of the reserve should directly indicate approval or disapproval of proposed
research project.  Currently, each reserve is requested to review and assign priority to
research projects proposed for the reserve. If a reserve does not approve of a particular
project that information should be expressed directly to NOAA.

NOAA agrees that its review and approval of state submittd final management plans should be as
expeditious as possible.  However, consistent with NOAA's responsibility to ensure that
reserve management is conducted in accordance with the mission and goals of the System the
need for an approved final management plan to qualify for NOAA funded research remains.

Section 921.31-Estuarine Research Guidelines

Proposed $921.31-Five reviewers recommended that NOAA provide at

299-48	Federal Register/Vol.53. No. 141/Monday, July 23, 1990/Rules and Regulations

minimum a more detailed and specific description of the Estuarine Research Guidelines in the
regulations.  One reviewer objected to NOAA's role in establishing the research priorities for 
funding under this subpart.

Response:  NOAA disagree.  Section --- of the Act requires NOAA to develop guidelines not
regulations for the conduct of research within the System.  A basic description of these 
guidelines themselves, or a more detailed and specific description of these guidelines, in the
regulations would severely limit flexibility in their implementation.  NOAA publishes the
guidelines annually in the Federal Register and intends to continue to improve these guidelines
within the relatively comprehensive standards of the Act, NOAA develops general research 
priorities on an annual basis in consultation with the estuarine research and resource management
community.  The agency foresees no advantage to including more specificity or deatail than
necessary in the Program regulations.  The financial support provided under the subpart for
Research is administered by NOAA.  As a result NOAA, in consultation with prominent members
of the estuarine research community, will continue to determine research priorities for this 
funding. 

Subpart G-Interpretation and Education

Section 921.60-General

Proposed $921.50(a)-Two reviewers objected to the requirement that interpretive and education
projects be conducted within the research reserve.  

Response:  NOAA did not intend to activities conducted entirely within the boundaries of a research
reserve, and has revised the statement to clarify the intent.

Proposed $921.50(b)-One reviewer suggested NOAA require that all applications for interpretation
and education awards be approved by the state.

Response:  NOAA agree that applications under this subpart should have the support of the state
managing entity.  The regulations have been revised accordingly.

Section 921.71-Allowable Costs

Proposed $921.71(e)(2)-Two reviewers objected to a one year time limit pre-acquisition being
imposed on the allowability for state match of state lands already in a fully-protected status.
The commentors noted that properties included within NERR boundaries, particularly the core
area will be subject to restricted uses, and these uses will be subject to NOAA approval(e.g.,
research, construction, education).  Since these properties add real value to the NERR System
but have diminished use for other purposes, they should be allowable as state match.  These
reviewers therefore recommended elimination of a one-year time limit.

Response:  This provision has been adopted in the past to ensure that lands included within
the Reserve system are acquired consitent with the purposes and objectives of the Reserve system
and, as required by section 315(e)(3)(A) of the Act to assure that the state has matched the
amount of financial assistance provided by the Federal Government for the acquisition of land
for a reserve.  However, NOAA agrees that the imposition of a one-year time limit may not be the most
effective or appropriate method to achieve this purpose.  We have thereofre eliminated this
provision from the regulations and instead allow inclusion of land and submerged lands already
in the states' possession as state match irrespective of the date obtained by the state.
However, calculation of the amount eligible as match for existing state owned lands will be
made by an independent appraiser who will consider the value for match purposes of these lands
by calculating the value of benefits foregone by the state, in the use of the land, as a  result
of new restrictions that my be imposed by Reserve designation.

Proposed $921.71(e)(4)-One reviewer recommended elimination or simplification of the matching 
share criteria for research awards.

Response:  The matching share requirement cannot be eliminated because it is required by statuts.
However, the matching share criteria has been simplified to be consistent with the provisions
to $921.50(a) of subpart F.

VI.  Other Actions Associated With the Rulemaking

(A)  Classification Under Executive Order 12291.  NOAA has concluded that these regulations 
are not major because they will not result in:
(1)  An annual effect on the economy of $100 million or more;
(2)  A major increase in costs or prices for consumers; individual industries; Federal, state
or local government agencies; or geographic regions; or (3)  Significant adverse effects on
competition, employment investment, productivity, innovation or the ability of United States
based enterprises to compete with foreign based enterprises in domestic or export markets.

These rules amend existing procedures for identifying, designating, and managing national
estuarine research reserves in accordance with the Coastal Zone Management Reauthorization Act
of 1985.  They will not result in any direct economic or environmental effects nor will they
lead to any major indirect economic or environmental impacts.  (B)  Regulatory Flexibility Act
Analysis.  A Regulatory Flexibility Analysis is not required for this rulemaking.  The regulation
set forth procedures for identifying and designating national estuarine research reserves, and
managing sites once designated.  These rules do not directly affect "small governemnt jurisdictions"
as defined by Public Law 96-354, the Regulatory Flexibility Act, and the rules will have no
effect on a small busninesses.  (C)  Paperwork Reduction Act of 1980.  This rule contains 
collection of information requirements subject to Public Law 96-311, the Paperwork Reduction
Act (PRA), which have already been approved by the Office of Management and Budget (approval
number 0648-0121).  Public reporting burden for the collection of information requirements
subject to Public Law 96-311, the Paperwork Reduction Act (PRA), which have already been 
approved by the Office of Management and Budget (approval number 0648-0121).  Public reporting
burden for the collection of information contained in this rule is estimated to average 2012
hours per responses for management plans and related documentation, 1.25 hours for performance
reports, and 15 hours for annual reports and work plans.  These estimates include the time for
reviewing instructions, searching existing data sources, gaterhing and maintaining the data
needed, and completing and reviewing the collection of information.  Send comments regarding
this burden estimate or any other aspect of these collections of information, including suggestions
for reducing this burden to Richard Roberts, Room 1235, Department of Commerce, Washington,
DC  20230, and to the Office of Information and Regulatory Affairs Office of Management and
Budget Washington DC  20503.  ATTN:  Desk Officer for NOAA.

(D)  Executive Order 12612.  These inerim final rules do not contain policies which have
sufficient Federalism implications to warrant preparation of a Federalism Assessment pursuant to
Executive Order 12612.  However, the provisions of the rules setting forth what a state must
do or agree to do in order to qualify for the various types of Federal financial assistance
available under the rules have been reviewed to ensure that the 

Federal Register/  Vol. 55. No. 141/  Monday, July 23,  1990/  Rules and Regulations 2394-

rules grant the states the maximum administration descrtion possible in the administration of the
National Estuarine Reserve Research System policies embodied in the qualification requirements
in formulating those policies the NOAA worked with affected states to develop their own policies
with respect to the use of National Research Reserves.  To the maximum extent possible consistent
with the NOAA's responsibility to ensure that the objectives of the National Estuarine Reserve
Research System provisions of the Coastal Zone Management Act are obtained, the rules refrain
from establishing uniform natoinal standards.  Extensive consultations with state officials
and organizations have been held regarding the financial assistance qualifications imposed.  
Details regarding awards of financial assistance have been discussed above under the heading
"REVISION OF THE PROCEDURES FOR SELECTIN, DESIGNATING AND OPERATING NATIONAL ESTUARINE RESEARCH
RESERVES"  and are not repeated here.  Likewise, comments from the states regarding 
qualifications and responses and changes to the regulations regarding same were set forth under
the heading SUMMARY OF SIGNIFICANT COMMENTS ON THE PROPOSED REGULATIONS AND NOAA'S RESPONSES. 
It should be noted that some of the states commented in oposition to conditions or languarge
required by law or by Office of Management and Budget Circular A-102.  NOAA coes not have the
discretion to change such language or conditions.  (E)  National Environmental Policy Act, 
NOAA has concluded that publication of these interim final rules does not constitute a major
Federal action significantly affecting the quality of the human environment.   Therefore, an
environmental impact statements is not required. 
(F)  Administrative Procedure Act

These interim final regulations are effective July 23, 1990.  To the extent that these 
regulations relate to grants and cooperative agreements  the requirements of the Adminstration
Procedure Act 5-U.S.C.553 do not supply.  To the extent that any substantive provision does
not involve grants or cooperative agreemenets no useful purpose would be served by delaying the effective
data for 30 days. No rights of the participants in this Federal program will be adversely affected
by immediate implementation.   To the contrary state reciplients of financial assistance through
this program have submitted program applications that anticipate immediate implementation of
these regulations.  Public comments on these interim final regulations are invited and will
be considered if submitted on or before September 21, 1900.

List of Subjects in 15 CFR  Part 921

Administrative practive and procedure, Coastal zone, Environmental impact statement, Grant
programs-Natural resources, Reporting and recordkeeping requirements, Research.

(Federal Demestic Assistance Catalog Number 11.420, National Estuarine Reserve Research
System)

Dated:  July 10, 1990

Virginia K. Tipia,

Assistant Administrator for Ocean Services and Coastal Zone Management

For the reasons set forth in the preamble 15 CFR part 321 is revised to read as follows:

PART 921-NATIONAL ESTUARINE RESERVE RESEARCH SYSTEM REGULATIONS

Sec.

Subpart A-General

921.1  Mission, goals and general provisions
921.2  Definitions
921.3  National Estuarine Reserve Research System biogeographic classification scheme and
	estuarine typologies.
921.4  Relationships to toerh provisions of the Coastal Zone Management Act.

Subpart B-Site selections Post Site Selection and Management Plan Development

921.10  General
921.11  Site selection 
921.12  Post site selection
921.13  Management plan and environmental impact statement development.

Subpart C- ---quisition, Development, and Preparation ---- ----- Management Plan

921.30  General
921.21  Initial acquisition and development awards.

Subpart D- Reserve Designation and Subsequent Operation

921.30  Designation of National Estuarine Research Reserves
921.31  Supplement acquisition and development awards.
921.32  Operation and management implementation of the management plan
921.33  Boundary changes, amendments to the management plan, and addition of multiple 
	site components.

Subpart E-Performance Evaluation and Withdrawal of Designation

921.40  Evaluation  of system performance.
921.41  Suspension of eligibility for financial assistance.
921.42  Withdrawal of designation

Sec

Subpart F-Research

921.50  General
921.51  Estuarine research guidelines
922.52  Promotion and coordination of estuarine research.

Subpart G-Monitoring

921.60  General

Subpart II-Interpretation  and Education

921.70  General
921.71  Categories of potential inter------- and educational projects evaluation -----

Subpart I-General Financial Assistance Provisoins

921.80  Applications information
921.81  Allowable costs.
921.82  Amendments to financial assistance awards.


Appendix I to Part 921-Bioigraphic  Classification Scheme

Appendix II to Part 923-Typology of National Estuarine Research Preserves

Authority:  Sec 2--, Public Law 92-583. as amended; --Stat. 1280 (-- U.S.C. ---).

Subpart A-General

$921.1 -------, grants and general provisions.

(a)  The mission of the National Estuarine Reserve Research Systems is the establishment and
management through Federal State cooperation of national system of estuarine research reserves
representative of the various regions and estuarine types in the United States.  Estuarine
research reserves are established to provide opportunities for long-term research, education,
and interpretation. (b)  The goals of the program for carrying out this mission are to:
(1)  Ensure a stable environment for research through long-term protection of estuarine reserve
resources; (2)  Address coastal management issues identified as significant through coordinated
estuarine research within the System.  (3)  Enhance public awareness and understanding of the
estuarine environment and provide suitable opportunities for public education and 
interpretation (4)  Promote Federal, state, public, and private use of one or more reserves 
within the System when such entities conduct --------------research; and (5)  Conduct and
coordinate ------------research within the System gathering and making available information
necessary for improved understanding and management of estuarine areas.
(c)  National estuarine research reserves shall be open to the public to

29950		Federal Register/ Vol. No. 141/ Monday, July 23, 1990/  Rules and Regulations

the extent permitted under State and Federal law.  Multiple uses are allowed to the degree
compatible wit the research overall purpose as provided in the management plan (see $921.13) and
consistent with paragraphs (a) and (b) of this section.  Use levels are set by the individual
state and analyzed in the management plan.  The research reserve management plan shall describe
the uses and establish priorities among these uses.  The plan shall identify uses requiring a 
state permit, as well as areas where uses are encourage or prohibited.  Consistent with resource
protection and research objectives, public access may be restricted to certain areas within a 
research reserve.  (d)  Habitat manipulation for research purposes is allowed consistent with the
following limitations.  Manipulative research activities must be specified in the management plan,
be consistent with the mission and goals of the program (see paragraphs (a) and (b) of this 
section) and the goals and objectives of the affected research reserve, and be limited in 
nature and extent to the minimum manipulative activity necessary to accomplish the stated research
objective.  Manaipulative research activities which can reasonably be expected to have a significant
adverse and habitat of a reserve, such that the activities themselves or their resulting short
and long-term consequences compormise the representative character and integrity of a reserve, are
not allowed.  Habitat manipulation for resource management purposes is not permitted within
national estuarine research within national estuarine research reserves, except as allowed for 
restoration activites consistent with paragraph (e) of this section, NOAA may allow an exception
to this prohibitoin if manipulative activity is necessary for the protection of public health or
the preservation of other sensative resources which have been listed or are eligible for
protection under relevant Federal or state authority(e.g., threatend/endangered species or signficant
historical or cultural resources).  If habitat manipulation is determined to be necessary for
the protection of public health or the preservation of sensitive resources, then these  
activities shall be specified in the Reserve Management Plan and limited to the reasonable
alternative which has the least adverse and shortest term impact on the representative and
ecological integrity of the reserve.  (e)  Under the Act an area may be designated as an
estuarine reserve only if the area is a representative estuarine ecosystem that is suitable for
long-term research.  Many estuarine areas have undergone some ecological change as a result
of human acitivities (e.g., hydrological changes, intentional/unintentional species composition
changes-introduced and exotic species).  In those areas proposed or designated as national
estuarine research reserves, such changes may have diminshed the representative character and
integrity of the site.  Although restoration of degraded areas in not a primary purpose of the
System, such activities may be permitted to improve the representative character and integrity
of a reserve.  Restoration activities must be carefully planned and approved by NOAA through the
Reserve Management Plan.  Historical research may be necessary to determine the "natural"
representative state of an estuarine area (i.e., an estuarine ecosystem minimally affected
by human activity or influence).  Frequently, restoration of a degraded estuarine area will
provide an excellent opportunity for management oriented research.
(f)  NOAA may provide financial assistance to coastal states, not to exceed 50 percent of all
actual costs or $4 million whichever amount is less, to assist in the acquisition of land and 
waters, or interests therein.  NOAA may provide financial assistance to coastal states not to 
exceed 50 percent of all actual costs for the management and operation of, and the conduct of
educational or interpretive activities concerning national estuarine research reserve(see subpart
I of this part).  NOAA may provide financial assistance to any coastal state or public private
person, not to exceed 50 percent of all actual costs, to support research and monitoring within
a national estuarine research reserve.  Five types of awards are available under the National
Estuarine Reserve Research System Program.  The predesignation awards are for site selection,
draft management plan preparation and conduct of basic characterization studies.  Acquisition
and development awards are intended primarily for acquisition of interests in land and 
construction.  The operation and management award provides funds to assist in implementing 
the research, educational, and administrative programs detailed in the research reserve
management plan and is reflective  of the joint State-Federal partnership in the preservation and
protection of estuarine resources.  The research and monitoring awards provide funds to conduct
estuarine research and monitoring within the System.  The educational and interpretive award
provides funds to conduct estuarine educational and interpretive activities within the System.
(g)  Lands already in protected status managed by other Federal agencies, state or local
governments, or private organizations can be included within national estuarine research 
reserves only if the managing entity commits to long-term non manipulative managment consistent
with paragraphs (d) and (e) of this section in the reserve management plan.  Federal lands
already in protected status cannot comprise the key land and water areas of  a research reserve
(see $921.11(c)(3)).
(h)  To assist the states in carrying out the Program's goals in an effective manner the
National Oceanic and Atmospheric Administration (NOAA) will coordinate a research and education
information exchange throughout the national estuarine research reserve system.  As part of this
role, NOAA will ensure that information and ideas from one reserve are made available to others
in the system.  The network will enable reserves to exchange information and research data with
other, with universities engaged in estuarine research, and with Federal and state agencies.
NOAA's objective is a system wide program of research and monitoring capable of addressing the
management issues that affect long-term productivity of our Nation's estuaries.
$921.2  Definitions
(a)  Act means the Coastal Zone Management Act of 1972, as amended, 16 U.S.C 1451 et seq Section
315 of the Act, 16 U.S.C. 1401, establishes the National Estuarine Reserve Research System.
(b)  Under Secretary means the Under Secretary for Oceans and Atmospherica U.S. Department of
Commerce or designee.  (c)  Coastal state means a state of the United States, in or bordering
on the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or
more of the Great Lakes.  For the purpose of these regulations the term also includes Puerto
Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Marianas Islands, the
Trust Territories of the Pacific Islands and American Samos (see 16 U.S.C. 1453 (4)).
(d)  Estuary means that part of a river or stream or other body of water having

Federal Register/ Vol. 55  No. 141/ Monday, July 23, 1990/  Rules and Regulations  29951

unimpaired connection with the open sea, where the sea water is measurable diluted with fresh
water derived from land drainage.  The term also includes estuary type areas with measurable
freshwater influence and having unimpaired connections with the open sea, and estuary type
areas of the Great Lakes and their connecting waters.  See 15 U.S.C.  1433(7)).
(e)  National Estuarine Research

Reserve means an area that is a representative estuarine ecosystem suitable for long term 
research which may include all or the key land and water portion of an estuary, and adjacent
transitional areas and uplands constituting to the extent leasible a natural unit and which
is set aside as a natural field laboratory to provide long-term opportunities for research,
education, and interpretation on the ecological relationships within the area (see 16 U.S.C.
1453(8)) and meets the requirements of 16 U.S.C. 1461(b).  This includes those areas designated
as national esturaine sanctuauries under section 315 of the Act prior to the date of the 
enactment of the Coastal Zone Management Reauthorization Act of 1985 and each area subsequently
designated as a national estuarine research reserve.

$921.3 National Estuarine Reserve Research System biogeographic classification scheme and
estuarine typologies.

(a)  National estuarine research reserves are chosen to reflect regional differences and to
include a variety of ecosystem types.  A biogeographic classification scheme based on regional
variations in the nation's coastal zone has been developed.  The biogeographic classification
scheme is used to ensure that the National Estuarine Reserve Research System includes at least
one site from each region.  The estuarine typology system is utilized to ensure that sites
in the System reflect the wide range of estuarine types within the United States.

(b)  The biogeographic classification scheme, presented in Appendix I to this part contains
27 regions.  Figure 2 graphically depicts the biogeographic regions of the United States.
(c)  The typology system is presented in Appendix iI to this part.

$921.4  Relationsihp to other provisions of the Coastal Zone Management Act.

(a)  The National Estuarine Reserve Research System is intended to provide information to state
agencies and other entities involved in addressing coastal management issues.  Any coastal
state, including those that do not have approved coastal zone management programs under section
306 of the Act, is eligible for an award under the National Estuarine Reserve Research System
(see $921.2(c)).
(b)  For purposes of consistency review by states with a federally approved coastal zone
management program, the designation of a national program, the designation of a national
estuarine research reserve is deemed to be a Federal activity, which, if directly affecting
the state's coastal zone must be undertaken in a manner consistent to the maximum extent practicable
with the approved state coastal zone program as provided by section 1456(c)(1) of the Act,
and implementing regulations at 15 CFR part 930, subpart C.  In accordance with section 1456(c)(1)
of the Act and the applicable regulations NOAA will be responsible for certifying that 
designation of the reserve is consistent with the State approved coastal zone management program.
The state must concur with or object to the certification.  It is recommended that the lead
State agency for reserve designation consult at the earliest practicable time, with the
appropriate State officials concerning the consistency of the proposed national estuarine
research reserve.  (c)  The National Estuarine Research Reserve Program will be administered
in close coordination with the National Marine Sanctuary Program (Title III of the Marine
Protection Research and Santuaries Act, as amended, 16 U.S.C. 1431-1445), also administered
by NOAA Title III authorizes the Secretary of Commerce to designate discrete areas of the
marine environment as marine sanctuaries to protect or restore such areas for their conservation,
recreational, ecological, historical, research, educational or esthetic values.  National
marine sanctuaries and estuarine research reserves may not overlap, though they may be adjacent.

Subpart B-Site Selection, Post Site Selection and Management Plan Development

$921.  General

(a)  A state may apply for Federal financial assistance for the purpose of site selection,
preparation of documents specified in $921.13 (draft management plan and environmental impact
statement (EIS)) and the conduct of research necessary to complete basic characterization
studies.  The total Federal share of this group of predesignation awards may not exceed 
$100,000 of which up to $25,000 may be used for site selection as described in $921.11. 
Federal financial assistance for preacquisition activities under $921.11 and $921.12 is subject
to the total $4 million for which each reserve is eligible for land acquisition.  In the case
of a biogeographic region (see Appendix I to this part) shared by two or more states each state
is eligible for Federal financial assistance to establish a national esturine research reserve
within their respective portion of the shared biogeographic region.  Financial assistance
application procedures are specified in subpart I of this part.

(b)  In developing a research reserve program a state may choose to develop a multiple site
research reserve reflecting a diversity of habitats in a single biogeographic region.  A
mulitple site research reserve also allows the state to develop complementary research and
educational programs within the individual components of its multi-site research reserve.
Multiple site research reserves are treated as one reserve in terms of financial assistance and
development of an overall management framework and plan.  Each individual site of a proposed
multiple site research shall be evaluated both separately under $921.11(c) and collectively
as part of the site selection process.  A state may propose to establish a multiple site
research reserve at the time of the initial site selection, or at any point in the development
or operation of the estuarine research reserve, even after Federal funding for the single site
research reserve has expired.  If the state decides to develop a multiple site national
estuarine research reserve after the initial acquisition and development award is made for a
single site, the propoosal is subject to the requirements set forth in $921.33(b).  However,
a state may not propose to add one ormore sites to an already designated research reserve
if the operation and management of such reserach reserve has been found deficient and  uncorrected
or the research conducted is not consistent witht he Estuarine Research Guidelines in accordance
with the provisions of subparts E and F of this part.  In addition, Federal Funds acquisition
of a multiple site research reserve remains limited to $4,000,000 (see $921.20).  The funding
for operations of a multiple site research reserve is limited to $70,000 peryear (see $921.32(c))
and preacquisition funds are limited to $100,000 per reserve.

$921.11 Site Selection

(a)  A state may use up to $25,000 in Federal funds to establish and implement a site selction
process implement a site selection process which is approved by NOAA.
(b)  In addition to the requirements set forth in subpart I of this part, a request   

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                      ~29~9 ~~~~~             Federal Register / VoL 55. No. 141 / ~qMcn~6a~, July Z3~ 1~9~qW                                                Rules and Regulations
                      for Federal funds for ~!~q@te selection must                      those ecological ~u~r~i~t~s of a natural                             being considered for selection as a
                      contain the f~c~q1~ql~ow~i~n~qg pro~qg~ra~qm.=~a~t~i~c                            e3~rua~x~i~qm~e sy~s~te~q-~qm v~r~&~uc~qh p~r~e~s~rr~v~e.               for            potential ~ma~t~q:~a~nal es~t~%a~r~@~4qme ~qm~-~sea~r~c~qh
                      ~qL~r~qZ~o ~rm a t~qi o n:                                              research ~q7~q=~,~o~se~s. a full range of                               reserve. Alter the local gov~e~r~a~qm~e~q=~qfs~q)
                         ~qt~i~q) A description of ~t~qhe p~r~a~qp~o~se~qd site                      si~qgn~qi~qRcan~t physical. c~qh~e~n~nca~ql a~nd                               and affected ~ql~a~md~owne~r~q(~s~q) have been
                      se~qi~e~c~t~qi~o~u pr~cceS3 and how it will be                           bicIc-c~al ~q!act~a~qm c~onr~nbut~i~n~qg to the                             contacted. at less, one pu~qb~q!~qic ~=~-~.~e~e~ting
                      i~qm~qPle=ented in conformance with the                            di,er~as~'i~ty of fauna. flora and' natural                        !hail be held in the area of the pr~rp~osed
                      ~1~@~q=~eographic classi~qfca~qL~on scheme and                           processes ~o~c~c~-~ar~r~u~4qM w~r~t~qhin the e
                      I ~=                                                                                                             ~qm~na r-~,        site. Notice of ~qnr~c~qh a meeting. i:~nc:~qiu~qdi:~tg
                      ~t~; ~c~q!~c~qg~qv                                                       ~qT~"~a e d e t ~-~-~qm~-~-~qin a ti ~o n o f w ~qb,~c~qh I a n~qd a ~r~. d           ~t~qhe time. place~. a~nd r~e~q!~ev~an~t ~r~ub~qj~e~ct
                                       ~qM.3~q)~-~,
                          ~2~q) A-~r~i                      of ~*~,~qhe site                  wa~:er areas are "key- to a p~a~r~n~c~-~q@~-~a~:                           matter. s~qh~e~qil be announced by the st~a~-e
                      s~e~'~e~c~-~-~c~r~t agency and ~t~qhe ~q;~@~c~te~rtal                            r~oserve must be based or ~sp~ec~rfic                               ~t~q@~z~ou~q~qh ~L~qhe area's principal ne~q" me~qd~@a
                      ~r~n~a~-~-a~qgement a~qgen~c~q@~-, a~-~-d                                     sc~qiert~qi~qFc knowledge of the area. ~2q& basic                        at least 15 days ~qp~nor to the date of the
                         (~3~1~) A description of how pu~qb~qL~i~c                            ~qp~r`nc~ip~ql~e to f~o~q!lo~qw when d~e~c~,~@~qd~qJ~r~n~qg upon                        meeting and by NOAA ~qLn ~th~@e Federal
                      pa.~-~-~-~:~qmpat~qi~on wi~qa be incorporated                             ~qk~.~:~:~qy land a~rd water areas is that they                         Register.
                      ~I~ne ~:roc~ess ~k~'see                                              should encompass resources                                        (e) A state request for NOAA
                         ~q(~:~7~q1 As ;art of ~t~qhe site se~qi~ec~qtc~n                              ~qP
                                                                                         ~q"~e~n~!ati~re of t~he tc~t~al ~e~c~o~-~qr~q/~ster~n.                         approval of a proposed s~;~te for ~si~*e~s in
                      ~qP~r~c~c~e~s~s~. t~ne slate and ~qNO~.~A~-~qk ~s~qh~a~qil.                           and which if compromised c~om~qid                                  t~.~q@e case of a multi-site rese~r~kve~ql r~,-~.~,~,~;~3t
                      evaluate and ~!~i~e~e~qi~a~c~t ~t~qL~e f~i~n~a~qi s~it~e~q(~3).                       e~n~qd~a~:~.~-~qge~r the re~s~aarch ob~qjec~qt~T~q" of tl~q@~e                        contain a description of ~1~@~le proposed
                      ~8qN~6qC~4qA~8qA has final authority in ~appro~v~qL~a~qg
                                                                                     reserve. The term ~-~qb~u:f~qf~er zone' refers to                      site in re~qi~qv~.~q:~,cn~sh~qip to each of th~*e site
                      ~Vu~c~qh ~5~-~1-~9~s. Site se~i~e~c~t~l~i~o~n ~s~u~la.~qU be guided                  ~an area adjacent to or ~s~t:~x~r~o~u~qn~qd~qi~n~qg key                         selection p~r~qm~c~qm~qle~s (I 921.1~1~q(c)) ~a~nd ~@he
                      by ~u~i-e fo~qllo~-~qwi~r~qg pr~qi~nc~ipi~e~s:                                 land and water areas and e~s~se~n~qtal to                            following ~qtnf~ormaticn~-
                        (1) The site's ~c~o~n~t~r~8q1ut~qion to the                            their integrity. ~qBu:ffer zones p~r~o~te~c~, the                        ~q(i~q) An analysis of the pr~op~esed site
                      biogeographical and ~t~qypcl~ogical balance                        care area and p~r~qvv~qid~e additional                                based or, the biogeographical ~sch~-eme/
                      ~c~qf ~t~qhe Na~-~@~o~nal Estu~arire R~aserve                              pro te~c~t~i~o~n for e~stu~ari~rre-de pendent                           typology discussed in 1~9~q2~1~.~q3 and set
                      Research Sy~stcm. NOAA wi~q@~ql give                                species, including those that are rare or                       forth in appendices I and ~q1~q1 to this part:
                      pr~qi~o~nty c~onsider~a~qd~q= to proposals to                            end~qm~2qW~e~r~ed. When determined                                        [~q2) A description ~of the proposed site
                      establish reserves in biogeographic                            ~a~p~p~r~op at~ebyth~e~qR~t~h~f~qU~l~qd~a~qp~qp~r~o~vI~e~qd                                 and its major resources, inc~qluc~qr~in~qg
                      reg~qio~c~i or sub~regi~o~n~a that are not                             by ~2qN~2qOA~0q& the bu~6qf~6qfe~rz~one ~qm~w~qy also                                 location. proposed boundaries, and
                      rep.~-~a~s~e~nted in the system (see the                            include an area necessary for facilities                        adjacent Land uses. Maps, including
                      ~b~;~c~qge~o~qg~-~ap~qh~qic ~c~6qk~s~-~ti~qf~qi~qc~a~liams~c~qheme and                         required for research and ~qi~nte~r~qp~r~e~qf~qtti~on~.                       aerial photographs. are required~;
                      ~qq~-p~o~qlo~qgy set forth in J 9~71 and                                Ad~qd~qt~qf~qi~o~n~a~qf~qfy~. buffer zones should be                              (3) A description of the public
                      appendices I ~and II to this part~q@                              e~qmb~qf~qi~-~4qAed .                nt to accommodate a                  participation process used by t~qh~e state
                        (2) The site's -ecological                                   shift of the core area as a r~e~s~u~qf~qt of                           to solicit the views of Interested pa~rt~qfres.
                      characteristics~. including its biologi~c~aI                      bi~o~r~ql~o~qgi~c~aE ecological or                                       a summary of comments. ancE ~qEr
                      productivity, d1vers~qity of flora and                           ~qge~om~o~rp~qh~o~0qk~qS~qical change which                                    interstate issues are involved~.
                      fauna, and capacity to attract a broad                         reasonably could be expe~c                        to occur.      doc~ume~nt~a~t~i~qm that t~qh~e Gov~e~qm~a~r~q(s) ~qpf
                      range of research and educational                              Na~qd~o~qm~ql estuarine ~r~e~qm~arc~qh reserves                               the other -~qH~qe~ic~t~ed ~r~t~a~2qW~s~q) ~6qW be~L~q%
                      ~i~qinter~e3~4qu. The proposed site must be &                         may ~qh~ic~qk~0qd~e ~e~x~6qh~t~4qf~4qt Federal or state                              contacted. C~a~qpie~s of all correspondence,
                      repre3e~n.~qt~a~l~qive ~e~atuarin~e ecosystem and                        land* ~s~4qh~q"~qd~qy in a protected status                               including contact letters to ~a~ql~ql affected
                      should. to the ma~x~i~qmu~r~n extent possible.                       ~w~q1~qm~o ~nr~a~qf~qt~4qW be~nef~qi~q? emir be e~n~qh~e~qr~tc~ed.                          landow~-~a~qm~s ~n~i~t~qn~t be ~H~PPe~nd~e
                      be an estuarine ecosystem ~a~r~in~i~qma~ql~qly . ~.                       Ho~vv~e~qi~v~r~. ~8qNOAA ~8qW~6qN not approve a site                                  A lie of an rites ~c~tm~o~qi~qd~ered and a
                      affected by human activity *or i~n~qi~qlu~enc~e                       for p~a~q(en~qt~qla~qt ~m~a~2qG~o~v~a~ql ~es~t~qm~a~qi~n~e, research                          ~0qW                                   ~qf~qf~er~i~s~q6~qt ~@~- ~-
                      (see                                                           reserve ~s~qb~4qO~qn               In ~4q*~qV~qi~qmde~n~qt                          bri~st ~4qg~a~qt~e~s~ee~f~f~it at the b~qu~qi~s
                        (3) Assurance that the site's                                ~qp~8qd~qm~qu~8q* ~U~qP~O~G ~q9~qW~'~qk~qW~qf~M~@~qr~O~r~1 a currently                             selecting ~qT~qh~e ~o~v~a~-pr~ef~qirr~qid ~2qd~qf~qm ~0q"d
                      boundaries encompass ~a~z~i adequate                              protected Fed~q*~8qk~ql ~qbux~qb~o, fie ~O~n~qfe~r ~qI~s~t meet                        (~q3) A ~qw~a~qg~na~qd~o~n of the ~qP~r~O~qP~O~Se~qd
                      p~qm~-tio~n of the key land and water areas                        th~e r~qi~qq~u~qk~e~s~s~e~n~qi~s for ~qi~x~6q@ ~P~qO~Ser~q"                                 ~s~qi~qt~e~q(~S~q) ~qf~o~r~qa~qo~s~4q*~0~q4~qd~a~qi~qi "a National
                      ot the ~n~at~ur~a~qr system~. to ~a~qp~qp~r~a~x~qim~a~qt~qe~a~n                        status ~q(~S~U~C~4qWa~s~qk~e~qy lead ~qM~qA "at"                                  E~st~u~s~ar~qi~s~i~a R~ese~a~qm~4ql Reserve by ~qd~qw
                      ecological unit and to ~e~nffar~e ~a~0qf~0qf~0qi~0q@                      I- ~@~z    as). S~qb~q@~qb ~qb~L~l~qi~qd~a Seaway ~2q*~q3~q1 be                              C~o~w~qwn~a~r ~e~0qM~e ~c~qi~qis~qt~al ~8qO~st~e In w~qb~2qk~qh
                                                                                     art
                      conservation. Boundary size wi~ql~ql~'~V~qW~qy                           in~qclu~qd~ad ~m,         ~q%~'~a~r ~qm~e~ar~c~qh ~m~o~m~qm to                         the area to ~ql~qi~c~s~qfe~0ql
                      gre~a~-t~q!~qy depending an the natu~r~v of the                        serve ~qw ~qv buffer w~. for other ~qO~2qw~4qMar~qY                            ~qJ ~q9~q2~1.~t~qi ~* Post aft ~qw~qi~m~0q@
                      ecosystem. Research r~e~qnr~v~v                   a~n~qd~u~s~qf~er          purposes;.
                      must e~n~c~q=~qp~a~qn the am ~v~qit~0q@ w~q?~qd~ch                                    ~.~q(4~q)~0q7~q1~*                           Air                          (a) At the ~t~qk~e~qi~s of the St~O~6qWS ~qM~qq~qn~st
                                                                                                   offs's ~st~qdt                  to"                  for NOAA approval ~0~q9 a ~qP~C~Q~qP~C~G~O~qd AJ~1~8~-
                      adequate c~qm~i~t~z~o him or ~vi~l~qlab~g                                 ~e~a~4qwari~i~qn ~qme~ar~c~4qk ~qi~n~c~ql~qi~s~0qf~0qt~ql ecological.                           t~qh~a~sta~8qf~8qt~n~qM~0qr~s~e~qb~qa ~d~qM~qq~U~e~2qA~ql~qw~u~qp~qt~a~t
                      e~-~sta~qt~i~ql~ql~i~s~qhed by ~8q6~e m              ~.  t~qr~qim~8qf~8qt~o~vw~,              factors and proximity to ~ex~4qh~8qf~8qt                   ~.        --    $~0qwooo of the total ~qSloo~.o~0qw a~ql~qlowed for
                      hu~inanact~qi~vit~qfe~s~occ~qm~Ti~n~2qtw~l~-~t~qf~2qf~2qtth~i                             research fac~6qWties and ed-~ca~tional
                      reserve. Gener~a~0qf~0qf~qy~.-r~e~qv~e~l~8qn             ~@~.~ -~    ~0q%S            Institutions;                                                   p~r~9~qd~g~qd~qg~m~m~qt~qj~q= h~qm~4qh to ~qd~e~v~e~4qW~qp the
                      Will encompass two ~a~qm~qm~qm ~q1 ~- ~_~'~q]~q@~q=d and                            ~-~q(~qSlTh~e site's cc                                            draft ~qm~a~n~av~e~qm~ar~0qd plan and ~qf~qm ~qd~qw
                                                                                                              mpati~qb~6qMty will                         Collection ~ot ~0qd~r~a                don necessary
                      water areas far ~-~c~c~r~qi ~qj~qi~v~e~-~q1 ~s~qi~4q*                               existing ~a~nd p~ot~em~8qial land and water                                                    the
                                                                                                                                      as             for ~2qPr~qe~2qp~qa~qzz~2qd~qa~qi~qa of
                      buffer z~qo~qor~0qm. Key ~ql~qo~qa~4q-                                         WKS ~8qf~q= ~qc~qo~qa~8qd~16qvou~qA~q'~qar~qe~qf~qi~qt~qs as Wall                                                            ~4qt this ~08qf~08qt~qa~q. the state
                                                                                                                                                     impact state-~qrt A
                      a ~qn d a ~0qb~qu~20qf~20qfe r z ~6q6 ~qr~6qw wig ~20qM~08qR~8qI~2qY ~6qOe~q.-~6qq ~8qi~8qf~8qi                                    ~qc~qoa~qs~2qi~qa~6qf and ~qa~qs~0qt~4qArin~qe                              ~4qm~qa~2qy a~0qb~4q" ~4qn~4qa~qx~qR~12qk ~0qa                     far the ~q'~qV
                      ~s:~2qg~qn~4qi~6qricant~6qly d~8qi~20qf~20qf~qer~0qu~0qf~0qt                                        ~4qM~qA~q"~qA~qg~qe~0qm~qe~qn~0qrp~0ql~qe~2q= ~6qand
                                                                                                        ~qP                  ~8qX ~qi                       remainder of t~2qb~qo~6qPa~qi~4qd~qo~qe~8qi~2qvn~qi~qr~qtic~q1l funds
                      (see I 921.1~0q3~6q(~36q0~4q7~6q)~0q@ ~24q;~20q: ~4ql~4qe~0qi~0qi~qs~q.~q"~4qk~qe~16qy ~4qf~4qin~2qi~24qd                            ~4q(~q1~4q5) Th~qe ~qi~12qf~12qt ~qJ~qr ~2qimp~qa~qrt~qa~4qm~qc~qe to ~qe~24q&~qr~qW~16qf~16qf~qC~4qM                       for research necessary to complete a
                      and water a~qr~qv~qis- refers to ~4qdi~0qi~6qic~qar~qr area'                      and ~6qf~6q@t~8qwpi~44qk~2qr~qv~qv ~2q4~4qf~4q1~0q6~44qks~2q:~qc~6q6~6qi~q1~qZf~qS~04qf~04qt~qn~qt with                              I              ~q' ~q*     ~q* ~q_~'
                                                                                                                  ~q- I ~qP~0qWt~qV~qL~q-t~2qf        Of       t~4qha   bag ~4qi                ~q*
                      within the reserve ~0qd~qi~qa~0qLi~qs so YURI to t~4qb~4q& ~0qe                     the need ~4qf~4qb~qr. c~qont~6q@~q,~qI~2q@~q.~q_                                            ~qc       ~44qZ~92qZ ~qZ
                      functioning of the ~qes~4qi~32qda~16qd~4qi~8qZ~6qi~0qr~2q;~0qE~q1~8q3~q'~q2Y~40qk~0qi~6q@~44qC                       natural ~q9 ~qst~qe~ql~qn~q.                                                ~qc~0qh~qe~0qm~8qi~qca~6qf~64q=~0qb~6qlo~4qt~8q6~60q7~68q@~44qW~q.~qC~8qh~q&~q'~0qM~qc~4qter~2qr~qa~4qL~q,~qc~2qi~q'
                      that it must be under ~q9 level ~qafc~4q=~4qtr~qu~8ql                            ~44qM ~32qU~2qY In the site ~qs~qe~0ql~qect~2qf~4q= ~2qP~qT~qO~qC~4q"~qs                             of ~qt~4qh~qe ~qI~12qf~12qt                 by NO~12qAA~q. I ~qf~qt~qe
                      sufficient to ensure the ~0q1~qO~12qW~q-t~qw~8q=                               the state .~2q.t seek ~0qd~4qw ~qT~2qf~2qi~qrw~qe of affected                        ~q&~qt~qJ~qkt~qg~q,~qs ~4qm~12qq~qu~qw~08qo~0qf~0qb~04qe~16qf~16qf~16qi~qon post Aft# '_                    by
                      viability ~qof the reserve for research an                       landowners, local ~6qg~qo~qv~qe~qt~qt~qi~4qm~qe~08qw~8qa~q. other                            selection ~8qfu~qn~8qd~qs~q'~4qM~qust be accompanied
                      natural proc~qe~qr~4qm. Key land ~2qW~4qd ~08q"er                               state aid Federal a~6qg~qen~qc~2qie~qs~q-~qand other                            t~6qb~q* ~2qI~qn~6qf~qOrCl~qat~8qh~0qm ~q8~52q0~0qf~16q@              ~8qr~qn subpart I of
                      areas, which comprise the core ~qare~qs~qi. a~qr~qe                      parties wh~0q6 are interested in the g~0qm~4q(~qs~4q)                         this part an~qt~8qE for draft ~0qm~q"~qa~6qS~qemen~0qt plan
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                             federal Register I VOL ~5~5. No. 141 / Monday, July 2~3~ ~1~9~q% 1                              Rules and Regu~la~t~~~               ~~~qN~5~3

                ~de~~:.~op~.~T~.e~nt and e~n~v~qi~r~o~n~qme~nta~ql impact           establishing adequate long-term state               state shall give prio~r~@i~tv conside~ra~t~t~@~on to
                statement ~i~n~qf~or~n~lation collection. the            control over these areas sufficient to              ~t~qhe least costly metho~q@~q(s~q) of at~t~a~qm~in~qg
                following progr~amrr~ta~tic information:
                                                                  provide protection for reserve resources            the minimum level of long-term c~o~nt~r~-~c~ql
                   A draft management plan outline                to ensure a stable env~qiro~n~q=ent for                  required. Generally. with ~t~qhe Possible
                (see I ~921.13(a~q) below); and                      resear~q6~qh. This plan must include an                 exception of buffer areas required for
                ~(~~~@~' ~0qA~i ~ou~L~ql~i~ne of a draft mem~crand~,~q=            identification of ~ownersh~;p ~v~ir~qi~qd~i~qi~n the            support facilities. the level of ~q=~1~-~-~o~q"~I~s~'~,
                ~~f u~~qderstand~qL~i~qg ~2qWOL~q@ between ~t~qhe                 proposed research reserve boundaries.               required for buffer areas w~-~,~qL~ql be
                ~t~~~e and NO~4qAA detailing the Federal-            including land already ~q@~n the public                considerably less than that re~qq~,~-~,~-~.~.~-ed for
                s~~ae role in esear~ch reserve                     do~"~nai~n: the me~th~od(s) of acquisition               key land and water areas. This
                ~ma~~-~a~qge~qme~nt du~r~L~r~qg ~t~q@e ~qL~n~qitial pe~rod of           which the state proposes to use-                    acquisition plan. after r~ec~eiv~4~m~qg ~'~he
                                                                  acquisition (~qLr~iclud~qi~ng les~3-L~qh~a~n-fee                    ~"~qi of NOAA. shall serve
                Federal fu~nd~4q@~,~qg ~3nd e~xpress~q@~ng the                                                                    a~qp~qp~r~o~va                            as a
                state's long-term co~r~-~a~m~;~a~nent to operate         simple options) to establish adequate               guide for negotiations with landc~qwne~qm
                and manage ~t~qhe rational es~n~iar~qi~ne                 ~qIcn~qg-~term state control- an estimate of             A final boundary ~-~qicr t~qhe reserve shall be
                research reserve.                                 ~6q&~.~a fair market value of any property               delineated as a part of the final
                (b) The state i~s eligible to use the              i~n~teres~t-which is proposed for                      management plan:
                ~U~=d~s referenced ~qi~n I 921~.12(a) after the          acquisition: a schedule estimating the              (8) A resource protec~,~;~cn plan
                proposed site is approved by NOAA                 time required to complete the process of            detailing applicable authorities.
                under the terms of ~q192~q1.11.                       establishing adequate state control of              including a~ql~qlowable uses, uses requiring
                                                                  the proposed research reserve: and a                a permit and permit requirements. any
                ~1921.13 Management plan and                       discussion of any anticipated problems.             restrictions on use of the research
                ~~~~r~onm~ental Impact statement                    In selecting a preferred meth~od~q(s) for              reserve, and a strategy for research
                development~.                                      establishing adequate state control over            reserve surveillance and enforcement of
                (a) After NOAA approves the state ~a               areas within the proposed boundaries of             such u~se restrictions, including
                proposed site, the state may request to           the reserve, the state sha~qU perform the             appropriate government enforcement
                use additional predesignation funds for           following steps for each parcel                     agencies:
                draft management plan development                 determined to be part of the key land               (~q9) If applicable. a restoration plan
                and the collection of information                 and water areas (control over which is              describing those portions of the site that
                necessary for the preparation by NOAA             necessary to protect the integrity of the           may require habitat modification to
                of the environmental impact statement.            reserve for research purposes), and for             restore natural conditions: I
                The state shall develop a draft                   those parcels required for research and             (-to) A proposed memorandum of
                management plan, including an MOU.                interpretive supp~c~e~qt facilities or buffer           understanding (~qNIOU) between the state
                The plan will set out in det~ai~qL~,                  purposes:                                           and NOAA regarding the Federal-state
                (1) Research reserve goals and                      (i) Determine, with appropriate                   relationship during the establishment
                objectives. management issues, a~nd                justification. the minimum level of                 and development of the national
                strategies or actions for meeting the             c~o~ntrol(s) required (e~.~q8- management                estuarine research reserve. and
                goals and objectives,            ~%                agreement. regulation. less-than-~qfe~e                expressing a long-term commitment by
                (2) Am ~a~dmin strat~qive section
                including staff roles in administration.          ~sun~qple property Interest (e.g-                      the state to maintain and manage the
                                                                  conservation easement), fee simple                  research reserve in accordance with
                research. education/ Interprets. t~qio~n. and            erty acquisition. or a combination              section 315 of the Act 1~q6 U.S~.C. 14~q81.
                surveillance and enforcement; ~' ~*                 prop                           I
                ~(3) A research plan. including a                  of these approaches;                                and applicable regulations. In
                monitoring design~:                                  ~qIi~qi) Identify the level of existing state         conjunction with the MOU and where.
                (4) An edu~q6~i~tt~qion/i~n~qterpr~qet~qiv~qi~e plan:             con~qbrol(s)~-                                         possible under state law, the~q1~qla~t~e will
                ~(5) A plan for public access to the                 (ii~qi) lde~q@tif~qy the ~qI~s~qi~el of additional            consider taking appropriate   ~'
                                                                  state c~ont~r~o~ql(s), if any. necessary to.             a~e~f~qm~qw tr~ativ~e or legislative ~ac~qtio~qb ~qto
                research reserve-                                 ~qmee~i~qp~-th~e minimum requirements ~-                    e~qf~qisure the long-term protection and'
                (6~q) A construction plan. Including a              identified in (a~q)~q(~q7~q1~q0~q)~; of this sect~qi~O~qw~-            ~o~6qW t~qi~on of the national estuarine
                proposed construction schedule. general             ~q(~qi~v~q) Examine all ~r~e~i~t~so~n~abl~e                      ~T~e~qs~p~a~rc~qh reserve. ~8qT~n~e MOU shall be
                descriptions of proposed developments
                a~d preliminary drawings. if                      alternatives for attaining the level of             ~s~qip~ea prior to re3~1~sa~rc~qh reserve
                appropriate. Information should be                control Identified in (a)~q(7)~q(ii~q!) of this           designation. If other ~6qU~6qOU~9 are
                                                                  section. and perform a cost analysis of             necessary (such as with a Federal
                provided for proposed minor                       e~ac~qh:~a~nd                                            a~qg~e~qM~L~6q7 or mother state agency). drafts
                construction projects in ~su~0qf~0qf~0qic~qi~en                                                                           M~0qou~s aim must be included in
                to a~ql~qlow these projects to begin ~qI~n the             (v) R~4q" in order of cost. the methods              ~ofsuch
                initial phase of ac~0q@u~qjsition and. ~.               (including acquisition) Identified In               -the pl~a~qm and          a f~ede~ra~qH~qY
                                                                  paragraph ~qja)~q(7)~q(iv) of this ~S~s~ct~qL~O~r~L                ~q(~q1~q1~q) If the state has
                ~e E ~. e~ql~o~qp ~qm~e~nt~. If a visitor center.                                                                      ved coastal zone management
                re~qsearch~qicen~ter~q-~qo~qr ny other facilities            An assessment of the relative cost-                 appr~o
                                   ..A                                                                                         do~qc~qurne~qn~qt~qa~qt~qion that ~L~q%e
                aria proposed ~4qf~2qi~6q@~76q@tr~quct~6qlon Or                     effectiveness Of   control alternatives             program.  national ~qi~qes~qtuar~8qine research
                renovation a~0qt~6q7~0qt~2qh~qe~q's~6qi~4qt~qs, ~8qd~qe restorative            shall include a reasonable estimate of              Proposed
                                   ~12qm~56qar~6qi~2qijig~qn~2qi~4qf~8qi~qc~qa~qnt ~q;~q.~q.~q.          both sh~qort-t~qe~4q= costs (e.g.. acquisition of          reserve Is consistent to the maximu~qin
                activities wh~8qi~qch~q'~qZ~qI                         ed    property Interests. regulatory ~6qPr~qo~6qg~2qm~8qm               exte~4qf~4qi~8ql~4qt practicable with that program.
                construction are planned. a detail
                construction plan Including p~qr~qelim~6qi~qn~qe~qr~8qi           development Including associated                    S~8q" I ~4q9~4q2~4qL~4q4~4q(~0qb) and I ~0q9~04q=~q.3~32q%b)~q-           f an
                                                                  enforcement co~qst~qL negotiation.                       ~8q(b~0q) Regarding the preparation a
                cost estimates and architectural                  adjudication. etc.) and long-term costs             environmental impact statement ~2q(~8qE~8qIS)
                drawings must be prepared as a part of            (e.g, ~4qmo~qn~2qito~qr~8qi~qn~08q& enforce     ,me~qnt.                 under the National Environmental Policy
                the final man3~6qge~4qment plan: a~qnd                                        ~qn~qia~8qgem~qent and                   Act on a national estuarine research
                  (7~8q) An acquisition plan ~4qlide~qntify~8qi~qn~2qg the        adjudication. ma                                    reserve proposal. the state shall provide
                eCo~6qlo~8qgical~2qly key land and water areas of          coordination~6q)~q. In selecting a preferred                                ~qrmation to NO~04qAA
                the research reserve. making these                m~qeth~qod(s) for establishing adequate                 ~qa~6ql~4ql necessary Iwo         ~8qm~qo~4qm~6qic and
                areas according to their relative                 state control over each p~4qir~qc~qe~6ql ~4qix~q&~4qm~6qi~qned             Concerning th~qe ~qs~qo~qc~2qi~qo~q'e~qc~qc           a~qted with
                importance. and including a strategy ~8qf~qor          under the process described above. the              environmental impacts a~qs~qs~qe~qc~qi
 

~0



                   ~2~9~q954            F~~~i~f~t~~~1 ~Re~g~i~~t~f~t / VOL 55. No. 141                   Monday, July ~qM 1~9~q% / Rules a~~~d Re~u~la~t~i~~s
                   i~qm~qp~qi     ~n~*~U~0qM the d~r~&~qf~qt ~qM~a~r~t~a~q;~e~qme~n~t                    funds may be used in accordance ~qmth                that the construction activity wr~iU not ~q@~,e
                   Plan and feasible ~&~qi~b!~r~q=~t~i~Y~e~s to ~t~qhe                   the final ---~qg~qm~n~e~nt plan to ~q=n~s~t~r~i~c~t               detrimental to the env~ir~onmen~t.
                   p~qia~n. Based an this ~qi~nf~o~r~qm~at~ia~n~, NOAA                  re~s~ear~a~qh a~-~-d e~qd~i~xc~at~io~i~a~z~il f~a~qml~i~z~i~es~.               ~i~qd~q) Except as spec~qi~qf~ql~qically Provided in
                   w~ii~q! p~r~*par~e t~qhe ~qd~z~a~qf~qt EI~8q&                             complete a~-~-~qy mmaz~q=~qg ~qL~qv~id
                    (~c) Early ~i~n the dev~a~q;~o~qp~qm~z~j~q2 of ~L~q@e                                                                      Paragraphs (a) through ~8qM of this
                                                                          ac~qq~u~qi~si~t~i~qm a~qmd for ~re~s~t~ora~tr~ve a~c~"vitie~s           ~s~ac~t~c~n~. c~onst~r~uct~i~o~r~i p~0qM~'~ect~s~, to' be
                   ~~qL~-~z~qit management p~qian and the draft                   ~'~q@e~q=~qfi~ed ~i-~- 'he ~qEna~ql ~r~nan~i~qgement'pl~a~n-            ~qf~u~n~q@~-~@~qd ~qi~n whole ~O~"~r~, in part under an
                   E~qI~qS~@ ~-~q@~e ~s~t~a~t~a ~-~z~qha~qLl ~qh~a~qid a meeting in ~t~q!~:~e           In any case- the a~qm~c~z~qmt of Federal                 ~&~:~qq~u~i~s~i~t~4~on and development awar~qd~q(~s~q)~,
                   a~:~9~a or are~23 r~n~o~s~t ~d~2q2ect~ed to s~o~ql~@~0q@t                  ~qf~qin~a~nc~q-~-~a~l ~as~s~@~s~t~a~n~ce provided to a                may not be initiated u~n~z~qil the re~i~,~-~a~r~-~-~'~qh
                   ~P~,~-~- ~:~l~c an~qd~~qg~L-~27~n~n~-~e~r~i~t comments ~o~n ~t~q@e              c~oas~-~z~qi state with re    e-      the               ~r~?ser~v~e ~-ece~l~:~%~-2~3 ~q!~q=~ra~ql de~3~ig~n~:~qM~o~n ~'~S~C~?
                   s~:~qj~7!~:~;~c~ant ~L~s~s~4~;~e~s ~r~e~;a~z~ad to ~r~:~q@~e                    ac~qqu~i~, ~si ~t~i~o~n of Lands and ~vv~zter~s~, or            ~q1~q9~21~-3~0)~. ~2qn~qi~,~3 requirement has~qlje~q@
                   pr~,-~q;~osed a~c~z~l~c~.~L NCA~4qA will p~ub~qlis~q@ a                  inte~r~e~3~t~s the~-~r~e~qin. for a~=~7~qj a~ne national          ad~op~!~e~qJ to ensure that, ~s~i~L~qb~s~ta~nt~qia~ql
                   ~~~.~o~*~-~lc~L- of the mee~t~qi~z~p~, ~qi~n ~@~qhe Federal              ~es~tua~qm~ne research ~re~z~er~ve may not                  pr~o~qgr~e~-~s~a ~qL~-i ~q"~tabli~shi~n~qg adequate state
                   R~a~qg~qi~st~e~r ~!~q3 days p~n~or ~:~j ~t~l~q@e ~qme~e~t~qi~r~2q4                  exceed ~q= a~qm~a~q= ~-~-~qq~j~a~ql to ~4qW percent of               control over key land and waters areas
                   The state s~ql~i~2q@ be res~2qNn~j~@~qb~qL~c for                       the c~o~st~s of the ~qL~and~a. w~qve~r~s~. a~nd                 has been made and ~L~qha~, a f~qi~ral
                   p~u~q@~qi~.s~qh~,~-~ng a ~si~r~n~;~,~ar no~u~c~e ~q@~a the local              inere~st~s t~q@-~sr~e~qt~n ~ar ~qS~qLOOCL~qO~2qX                      management plan is completed before
                   media.                                                 ~qwh~qi~r~qhe~v~e~r a~q=u~rt is lass. The amount                mai~or ~s~qm~qms are ~sp~,~:n~t an c~o~n~st~r~ac~-cn.
                    (d~] ~N~2qOAA ~-~A~qd~ql ~qpu~qh~ql~qLs~qh a Federal                       of Fe~qd~a~q-~qm~ql assistance for development              On~q@~z ~su~qbs~t~a~r~t~qia~ql ~q;~rc~qges~s in
                   R~e~q;~qi~s~l~e~r ~nct~qice c~1~f ~qin~t~a~nt to prep-an           a      and ~c~D~r~i~st~r~rc~-~@ca activities is ~qS~'                 e~stz~,~'~3~q1~'~;sh~-~qxg ade~qq~-~-~,~@~;~,~e~- state control/
                   ~d~-~-a~:~' ~E~r~q@'~3~. ~%~-~qf~+~a~r ~L~q@e d~;~-aft ~qEIS is prepared                                                           ac~qqu~qi~s~ql~qt~z~i~n ha~3 ~qb~e~e~a ~c~L~a~C~.~'~e~. as de~qr~qmed
                    d ~qf~i~'ed with die ~qF~nv~qi~ro~a~qm~z~atal                                                                           by t~l~q@~a state ~qi~n the management plan.
                                                                          ~qf ~921~q-~11 ~qL~o~0qM~a~ql ~a~r~qu~is~it~i~om and
                   ~F~qt~o~t~ec~tion A~qg~e~n~-~-~qy ~qf~qEPA)~. a Notice of                  development ~aw~ar~es.                                other ac~t~A-~qi~qdes gu~qid~Ld by the final
                   Av~a~-~q@~ab~ilitv of the DEIS ~w~rill appear in               (a) As~6q"a~nc~e is p~zo~v~0qWed to aid t~qLe                  ma~na~qg~e~qme~a~t plan may begun with,
                   ~~he F~3dera~qf ~qR~m~qg~qi5ta~r. Not less than ~q30                 recipient ia~;                                      NOAA~'s a~qpp~zovaL
                   days after ~qpubii~c~3t~qir-~n ~af t~q@~.e ~noti~qm                  (1) Acquiring a fee ~f~i~qb~q=~qp~qle or ~qI~qm~s~-                  (e) F~c~r a~ny real ~qp~-~qmper~qty acquired in
                   NOAA will hold at least one public                     tha~z~-fee simp~qi~a real property interest in          whole or ~4qW with Federal funds for the
                   hearing in ~th~e area or areas M~03t                      land and Water areas t~o be i~nC~qb~Qd~t~qd in             research reserve the state shall exe~c~ite
                   affected by the proposed national                      the r~e~se~qA~rch reserve boundaries is"                ~sui~ta~qb~qie ~qd~Z~0qU d~oc~um~eat~s to include
                   e~at~Lar~qiae research reserve. The hearing                I 9~q2~0q=~q3~q(a)~q(7~q@ I ~q9~q21~-~q3~q0(d)~q?. -                       ~substa~n~qdally th~e following provisions.
                   will be held ~r~D sooner than 15 days after              ~q(z~q) ~6qM~qi~qm~r com~st~r~act~qi~o~n. as provided in              or otherwise append the f~oll~aW~m~i~2qn ~qi
                   ~pp~.~-~op~riate notice of the -meeting has                pa~q=~qgmp~qh~e ~q(b) and Cc) of this ~sec~ti~q=                provisions in a manner acceptable ~a~qb~qder
                   been given In the principal news ~qme~c~ql~qia                ~q(~q3~q) pr~ep~a~qm~ql the ~qE~qm~a~qi ~qm~a~na~qg~qm~ae~ut                    applicable ~st~a~q"a ~qlaw to the official land.
                   and ~qi~n ~qT~qhe ~qF~e~qd~aza~ql ~qR~e~qg~6qWar by N~0qO~8qA~2qA                      plan: and                                          record(:):
                   and the state. respectively. ~6q"~er a 45~-                 ~q(4) Up to the point of research reserve              (1~q) Title to the property conveyed b~qY
                   day comment period. a final EIS will be                designation. ~bri~t~qi~al ~qmana~qg~e~qme~qW costs~,              this deed shall vest in th~e [recipient ~c~i~qf
                   prepared by ~I~qN~T~6qOAA.                                    eg.. far ~qk~m~2q*~u~qw~n~qd~8qM the ~2qNOAA                         the award granted pursu~nn~i to section
                   Subpart C_~.~6qA~C~qq~V~0qW~0qM ~qD~*~V~6~q,~0qq~qM~,~*~n~qt~'                         approved draft z~qma~qge~s~nen~qt plan.                    315 of the Act, 1~q6 ~qL~qLS~.C~. 14~q61 or ~o~t~qh~qm
                                                                          prepari~r~.~qg the Anal ma~n~2qn~qme~0qw Plan.                  ~6qNOAA approved ~st~&~t~e agency~q] s~4q*~-~-~ct
                   and P~r~*p~a~r~3~2qMon of ~qf~qf~qw ~qFh~6qW                              hiring ~& ~qM~a~g~qm ~qm~az~qn~qg~qw ~qm~qd ~o~qd~l~q@~qf~qf staff               to the condition that the de~si~q=~ak~qi a ~of
                   A~e.~a~n~*~qg~*~f~f~m~n~v~qt Plan                                    as ~n~o~c~qa~qm~a~qi~ry and for ~9d~qw management-               the [name of N~a~t~qi~o~cal E~a~t~uar~qir~qm
                   f ~q221.20 G~o~n ~qw~a~qL                                       related activities. App~qt~qb~c~a~q*~qm                      Reserve] Is ~n~at withdrawn and th~e
                   The az~qqn~qi~q=~ta~z~r &ad ~qd~e~v~e~q!~a~qp~q-~n~t                          proc~a~qd~a~qm an specified ~qbz subpart I a           ~qf   property r~ema~qL~r~qu part of t~qh~e ~qf~oc~qi~er~6qa~ql~ql~,
                   pe~r~qi~ad ~is ~r~e~qpwa~ted into t~y~qm major                      this par~qL ~'                                        designated ~q[~q-~q-e of National ~qEst~2qA~rine
                   phase&. Al~ql~er ~2qNOAA approval at the                     ~q(~qb~q) Th~o ~o~xp~e~nd~i~f~4qf~4qtr~o of ~qF~e~4q6~rr~a~qi and                Research R~e~qn~rv~v~q@ :~. ~, ~-        ~-   ~,   ~- ~; I
                   s it e~, draft m~an~a~qg~e~qm~en:~t plan. and draft              ~s~qtat~qi ~qf~o~rid~s on ~a~qw~qf~o~r ~c~qa~l~stru~2q@                       (2) In the event that th~q4 property Is ~r~qM
                   ~%                                                      activities ~0q4~1~h~o~qt a~qnow~i~ed du~r~2q%~qg the                 longer ~f-~qb~i~r~q, ~qd as         of- the ~s~e~se~arc~qh
                   MOU.~'and comp~qi~c~4qu~on. af the ~qf~qmal ~4qM a                                                                                      e~c
                   state ~qi~s e~qh~qg~qi~qb~qd~n for an Initial ~acquis~2qf~2qt~qb~a~n            initial ~s~o~qo~6qd~s~2qM~o~n and development                   res~er~qm of if ~,~, =don of the
                   and development awa~r~qd~qj~s~q@ ~qb~m t~qhis t~a~qi~qd~s~qt                phase. ~q1~0q1~9 p~qn~6qT~a~r~a~4qde~n ot ar~c~qh~i~ql~e~c~t~ur~al              research ~r~a~z~e~rv~e of ~qWt~qd~c~qh It is part to
                   phase, the state should work to meet the               and engineering ~qP~ql~A~n~t~. In~c~qi~v~idi~6qn                   withdrawn. then NO~0qAA or ~qits s~u~cc~e~s~i~or
                   criteria required far formal r~es~ea~r~r~qh                  specifications~. fix arty ~qp~r~o~qg~o~oe~qd                  agency. after fu~qD and reasonable
                   ~~~serve d~e~s~0q4r~i~a~tic~i~qm eg. establishing                  co~n~g~qa~uct~qi~qm or for proposed restore live            consultation wtt~qi~L the S~qta~qt~s~. may
                   adequate state c~c~qmtr~r~ql over ~4q" ~qIc~e~qy land                ~activ~qid~es, Is permitted. In addition.              ex~or~r~i- the ~qfoll~a~qw~qin~qs rights r~*~6qW~qdL~r~t~qg
                   a~ ~qd water a~z~z~qu as specified in 1~4q6 draft               m~qk~qw~r c~o~ns~qt-~a~c don activities, ~c~o~qm~qi~s~qi~qmt             the ~qd~8q4~c~a~qj~qda~n, of ~qt~qhe p~t~op~er~qt~0qy.
                   management plan ~a~nd preparing the                      :With ~qP~&~qM~2qF~z~qP~qh ~q(c) Of ~th~"~s section also              ~q(~qI~q) The r~o~c~qi;~qa~o~ut may retain title after
                   ~f~~~a~ql management ~qp~qLan. T~qk~e~q"                            are allowed~. The N~2qOAA~-~a~qppr~ove~d draft              paying the Federal Government an
                   requirements are speci~qf~ql~o~8qdt~n I ~q92~qL~q3~4qM                   management plan -- ~qL ~qbo~6qw~e~v~qw~.                   ~  amount computed by applying the
                   M~@~qiior construction in a~qc~q6~qord~qa~6qn~qc~qo WWI                  include a ~qc~qa~qm~qs~qtruc~ti~qo~qn Pl~s~0qn and a public           Federal percentage of Participation In
                   ~6q& e draft management p~0qL~qi~4qn ~24qm~4qi~4qiy also be                 access Plan Ware ~qZ~08q" ~qo'~qs~q"~4qW~q'~6qd ~0q1~20q@ ~qc~qa~qn                 t~4qh~qe Cos' Of the ~qo~qr~8qi~2qg~2qb~24qw ~2qP~qr~qo~0qi~qo~qct to t~0qh~qe
                   conducted during this ~qi         ~6qp~4qha~qs~0q& no               be $per, on cot",        r~q, ~qgc~qt~8qi~q, ~8qd~q*~4q&              current fs~12q* ~8qm~4qm~20q&~qat value of d~8qw
                   initial acquisition and d~qe~qv~qe~24qk~6q=-~q*                       ~8q(~qC~6qJ Ot~8qd~6qy ~8qM~2qi~qU~8qM ~8q=~4q0~q9t~qr~qIL~qIC~2qU~qO~qD &cavities               property~q,               ~0qd~qe~8qi`       elect to
                   phase Is expected to last no ~20qk~qM~16qM Man                   that aid ~2qIm ~12qb~16qw~20qW~qna~qn~4qf~4qi~qn~6qg ~2qPort~qo~qn~q& of the               ~6qp~8qi~6q) If the ~qr~qec~2qi~6qp~8ql~qe~qn~0qt          not
                   three years. if necessary. a I                  dm~qo~q,   Management plan ~0q(x~0qw~q:h as boat r~qa~0q=p~qs                retain title. the Federal Government ~qZ~qB~qOY
                   period may be negotiated between the                   and ~qn~qx~04qW~4qm tr~qa~6qt~20qhI~qt ~qa~0qi~qs ~2qP~qo~16qf~16qt~12qf~12qt~qe~0qd ~20q&~qr~12q*~6qg                 ~qGi~4qth~qf~qi~qr ~4qd~2qi~qr~qs~q'~04qd ~4qt~4qk~qs ~qr~qe~q'~qG~8qf~44qO~qe~qn~0qt to ~qo~20qa the
                   state and NOAA. After r~qe~q3e~qo~qr~qr~4qh reserve                 the initial a ~-~q4~q.~q4 an       --                 ~0qt   property and pay t~0qh~qe Fed"
                   designation. a state is ~qali~2qg~2qi~24qw~qo f~4qW a                   phase~q. No mare ~0qt~0qh~8qm ~24qM~4qM ~6q(~4q3) ~2qp~qar~qt~qa~qn, of               Government an amount computed by
                                                                          the ~2qi~16qWt~2qU~0qd ~q&~qc~2qq~qu~12q&~2qf~12qd~qo~qn ~4qi~4q0~0qd ~0qd~6qa~qv~qg~40qWp~0q=~qnt                  applying the Federal percents" of ~q-
                   supplemental acquisition a~qr~24qd
                   development awar~2qd~2q(~qs) in accordance                     award ~qs~qa~qa~08qr be #=ended on sum                       participation in the ~qC~12qW of the ~qo~qr~40q*~2qb~qm~2qd
                   with I 921.3~q1~0qL. In this p~qc~qart~q-~4qd~q&s~qx~4qg:~qa~q&~0qt~6qk~4qM              fa~qc~6qi~4ql~2qit~6qi~8qm NOAA must make a ~qs~6qp~qeci~28q&                  ~0qpr~qo~0ql~qect to this proceeds ~16qb~qo~6qm the "I*
                   acquisition and development Phase~q,                     determination. based an the final E~24qM               (after d~qed~qu~qc~qt~4qin~2qs actual and reasonable
 

~0



                            Federal Register / Vol. 55~ No. 14~~ / Monday. July ~~~3. 1~9~qW                        RL~~e~ and R~~g~~la~~ic~~~                     ~2~9~9~5~!~
             selling and repair or renovation                 ~qin the mana~qge~rnent plan. are under                state may request a supplemental
             expenses. if any. from the sale                  adequate state control sufficient to              acquisition and/or development
             proceeds), or direct the recipient to            provide long-term protection for reserve          award~q(s) for acquiring additional
             transfer title to the Federal Coverr~i~nien~t~.      resources and to ensure a stable                  property interests identified ~qin the
             If directed to transfer title to the Federal     environment for research:                         r~nana~qgement plan as necessary to
             G~~er~t~tme~nt. the recipient shall be                 (~4~q) Designation of the area as a               enhance long-term protection of the area
             entitled to compensation computed by             reserve wiil serve to enhance public              for research and education, for fa~c~:~ql~qi~ty
             applying the recipient's percentage of           awareness and understanding of                    construction. for restorative acti~v~it~;~as
             part~.c~:~-~-a~t~icn in the cost of the original       estuarine areas. and provide 3U~!~table             identified in ~t~qhe approved ~qman~3~q;e~r~n~r~en~t
             project.to ~@~qhe cur-rent fair ~qmar~qk~a~t value        opportu~n~i~t~4e~s for public education arid           plan. and for administrative p~-~,~@.~4q7~c~s~e~s.
             cf the property:                                 in~!~e~rpr~e~tat~ion:                                   T~qhe amount of Federal ~qf~qt~nanc~qi~a~l~l
               ~(~iii~q) Fair market va~.~-~.~:e ~c~qf the p~7~,~,p~e~rty        (5) A final management plan has b~ee-~1          assistance provided for supplemental
             ~-~~~~st be determined by an independent ~-       approved by NOAA and contains the                 ~qd~eve~qlop~qme~rt costs directly associated
             appraiser and certified by a resp~cns~i~-~ole        s~,~.~Qned ccpy of the designation findings:         with facility c~orst~r~uct~qi~cn other than
             ~~~~~ial of the state. as provided by               ~q(~q6~q) An ~qSIOU has been signed between            land acquisition (ie.. f~ra~qicr cc~rs~truct'~o~n
             E)epar~q=ent of Comm, erc~e Regulations in          t~l~-~-~- state and NOAA ensuring a long-             ac~*~-~:~%~@t~qies) for any one na~n~qi~c~nal es~tua~r~'~i~qm~a
             1~3 CF~qR part 24. and Uniform Relocation           te~.~-m commitment by the state to the              research reserve may rot exceed
             Assistance and Real Property                     effective operation ~a~nd implementation            Sl~qZ~qW~:~100 and must be matched by the
             Acquisition for Federal and Federally            ~o~qFthe national estuarine research                 state c~-a a 50/50 basis. Supplemental
             assisted programs in 15 ~qCFR part 11.             reserve: ~a~nd                                      acquisiticr~t awards for the acquisition ~of
               ~(~6 Upon instruction by NCAA.                      (7) The coastal state ~qin which the area        lands or waters, or interests t~q@erein~. for
             provisions analogous to those of                 is located has complied with the                  any one National Estuarine Reserve may
             I 921~4q21~qte) shall be included in the              requirements of these regulations.                not exceed an amount equal to 5~q0~-per
             documentation underlying le~ss-th~a~n-fee-             (b) NOAA will determine whether the            cent~um of the cost of the lands. waters,
             simple interests acquired in whole or            designation of a national estuarine               and interests therein or ~q$4.0~0qm.000
             part with Federal funds.                         research reserve in a state with a                whichever amount is less. In the case of
               (g) Federal funds or non-Federal               federa~qlly approved coastal zone                   a biogeographic region (see Appendix I
             matching share funds shall not be spent          management program directly affects               to this part) shared by two or more
             to acquire a real property Interest ~qin           the coastal zone. If the designation is           states, each state is eligible for Federal
             which the State will own the land                found to directly affect the coastal zone,        financial assistance to establish a
             concurrently with another entity unless          NOAA will make a consistency                      national estuarine resear~cl~qk~r~eserve
             the property Interest has been ~qIden~qd~qf~qied         determination pursuant to section                 within their respect~qive-por~q2~o~n of the
             as a part of an acquisition strategy             307(c)(~q1) of the Act. 1~q6 U~.S~.C. 14~6qA and           shared biogeographic re~qg~qf~o~L -
             pursuant to ~q1921.13(7~q) which has been            15 CFR part 930. subpart C. See                   Application procedures are specified in
             approved by NOAA prior to the                    I 921.4~q(~qb). The results of this                   subpart I of this p~q#~r~qt Land acquisition
             effective date of these regulations._            consistency determination will be                 must follow the pr~qb~q"dures specified ~qi~n
               (h) Prior to submitting the final              published in the Federal Register when a          I ~q9~2q=~q13~q(a)(~4qn 1 ~q9~8qM.2~q% (e) and (~q0 and
             management plan to NOAA for review               notice of de~l~lign~ation ~qis published. See
                                                              I 921.~6qWc).
             and approval~. the state shall hold a
             public meeting to receive comm ~4qZ~at on               (c) NOAA will cause a notice of                 ~8qM~2q3~q2 ~2qO~qp~er~et~4qw~i ~qW~8qW ~qm~qw~qw~8q@
                                                                                                            .~. ~.~4qm~4q*~0qma~qm~0qf~0qt~qs~q@~n         he ~qmw~4q"w~n~ent p~lar~t.
             the plan in the area ~0qO~e~4qd~ed. by                   de3i~qg~nation of a national estuarine.-"                            oft
             estuarine research r~eserva. NOAA will            research reserve to be placed in th~qi~.~,
                                                                                                                 (a) After the national ~estu~ari~n~e
             publish a notice of the Meeting in the           Federal Register. ~q7~q1~9 state shall be              researchres~qi~qi~v~e~qis f~o~r~4q*lly de~qs~ql~qj~q@ated.
             F~~ds~2q* R~2q"~qi~st~er~.~q!~4qMe state shallb~e                  ~re~sP~o~n~sibl~e for having a ~sim~q4a~qr notice.           the state Is eligible to r~ec~2qa~s~qt~qm Fed
             responsible for having a sim~qnar notice           published in the local media.                     funds ~qt~q@~qjs~6qws~qft~qh~a state            ~0~q;        ~qI~c~qt~qa,
             published in the lo~ca~ql~,~qm~qw~qH~A                         (d~q) The ~qierm -state control~" In                and management ~of the            c~qh
                                                                 ~q9~4q21~.~'~6qWa)~q[3) does not ~n~e~8qa~qs~i                     ~r~e~g~a~r~qm~. ~qT~qh~e pu~qrp~o~s~e'~a~qt We ~qF~od~er~ally
             Subpart ~6qD~q-~qR~es~er~v~e Designation and                r~eq~u~qi~r~s that key land ~qin~4qdwa~qie~~r~8qir~eas be           ~qf~qimd~ed ~o~qp~qc t~qio~n and -- -ant
                                                                                                            ~\   phas~qp is.
             Subsequent ~4qOp~qw~a~qu~o~n                               owned by the state in fee si~6qm~4q0~e.                           to ~qi~qm~q@l~e~qm~i~e~n~qt the approved ~qf~qi~n~qi~qd
                                                              Acquisition of le~qw~th~s~at-fe~qe~q;~s~ql~4qm~qp~q@~e                management plan and to take the
             1921.30 ~qD~e~s~qi~qgr~tat~qi~o~n of ~qKat~qion~al ~qE~i~stuw~4qt~t~e       Interests (e.g. conservation ~asement~s)            necessary ~s~1~e~qp~s to ensure the conti~q-~nu~-~ied
                                       ~1~;~.                                                                  ~-
             R~~~~qw~chR~4~O~q&~v~9~q&~-~-~'~,~'~"~'~@~-                       .- and utilization of ~exi~sti~n~qg'Stat~e                 ~e~qf~qf~qi~qm~qa~y~s, op~e~qm~qd~qm of the research
               (a) The Under                                  regulatory measures are encouraged.               ~r~e~g~e~r~v~qc    ~r
                                           ~4qmay
             designate an area ~qi~s~i~l~qir~,                                                    o~0qatrat~s that
                                                              where the state can dem
                                                                                                                  (~qb) State operation and management
             estuarine research'                  ant t~o      these interests ~a~nd meas~*u~qies assure              of national ntu~ar~qin~e research reserves
             section 31~q3 of the-Act. if b~qised on              adequate long-term State control                  hall b~e consistent with th~e mission. and
             written ~qf~qin~qd~qi~n~qg~qi~2q&~2ql~8q6~qt~qi~ql~l~8q" ~0qmet t~qh~e                 consistent with the purposes of the               Shan further ~th~e goal& of the National
                                            ~q1-~qI ~qn ~q-- ~q.'.~'L
             following r~qe~6qg~qi~4qi1~qr~qe~8qt~40q&~40qE                            r~qe~qae~qa~4qm~4qb reserve (see also ~0qï¿½ ~4qOZ1.~8q13(a~4q]~0q(7~0q@          Estuarine Research R~qes~qe~4qm ~6qSy~6q!tem (see
                                                    state                   S
                                    ~8qi                                         hould the state later sled
               (~1) The G~qo~2qv~36q@~36q@ ~8qb~28qi
             in which the are's is located has                US         so an Interest ~8qI~qn such lands.,..\        ~4q(c~4ql F~qed~qa~28qm~qil funds of ~qu~2qp~q-~4qt~8q6~52q4~4q7~2q9~q.~8qb~04qw ~0qi~0qi~qr
             nominated the ar~2qi~6qi f~qo~qr~q-d~6qa~6qi~0ql~0qig~4qhatio~4qi a'&'         to ~2qpu~qr~qc~0qha           ~8q& ade                         you.
                                                                 in~6qg NOAA ~0qh~qu~q2~0qd          -q~qu~qat~qe                        to b~qe~q-~08qmatch~qed by the date ~2qbn a
             national estuarine r~2qes~qearc~2qi~8qb ~4qi~qt~40q"~qr~4qm~q.              justification ~4qu to the n~6qi~6qed for such              ~8q5~4qo~2q/~4q5o basis. are a~qv~28qW~qa~4qb~4ql~qe for th~qe
               ~4qM ~0q7~4q1~qi~qs area ~2qi~qs a representative                acquisition must be p~qr~88q"~6q4~q&~4q@ to NOAJ~q.~q-                              ~8qj~2qi~4qf~4qt~24q4~4qj~qe~16qWnt o
             estuarine ecosystem that Is ~qs~qv~qiltabl~qe         .for                                                  ~16qm-t~8qi~qonand~36qi
                                                              1~4q921.31 ~2qSupp~4ql~qe~qr~qn~qs~qe~qd~4qd ~4qw~4qqu~08qmon ~qar~08qW                   national ~qa~qstua~qr~2qi~qn~qe~q'~0qi~q*~qsw~qe~2qi~qrCh ~qr~qese~6q@~qv~qe~q-
             long-term research and contributes to            ~4qd~qe~qv~qt~4ql~qo~8qp~qf~qr~0qa~6qm ~q8~q-~q21                                  including 'the ~qest~qabl~2qis~6ql~qi~qn~2qf~8qint and
             the biogeographical and typological                                                                operation of a basic environmental
             balance of the System~q:                              After nat~8qi~0qg~qnal estuarine research                                     in th~qe case of a
               (3) Key tend and water areas of the            reserve designation~q. and as specified In          monitoring Pr~qO~12qW~4qW~qI~4q@~q-
             proposed research reserve. as Identified         the approved management plan. the ~q-               biogeographic region (we appendix I t~4qo
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~0



                 ~9~9~5~6            Fed" ~R~qf~qt~i~qA~W ~/ Vol. ~s~5. No. 141                       ~qM~~mday. July z~qi ~1~9~qw /              R~z~ig~ and Re~qT~qAa~i~i~~~~

                 this part) shared ~I~>y two or more sta~~qm              accordance with se~r~~i~on ~1 ~~~qL13 and                 performance eva~qW~At~ions. If other
                 each state is a~qL~qi~qg~qible for Federal                   shall include an ~a~qd~qmi~n~qi~s~qm~f~f~qdve                      exper~qa are to be i~n~t~-~1~-~A      in the
                 financial assistance to establish a                  framework for the mui~t~qip~qle-~a~qi~t~e research            ev~a~qiw~r~t~qi~qm NOAA will ~qf~u~z~it ask ~qd~@~A
                 national estuarine research reserve                  reserve and a des~c~ir~r~qp~r~qbon of the                   state to recommend app~r~v~qp~dat~e
                 W~i~qL~, in their respective portion of the              complementary research ~a~n~qd                          individuals to serve in t~qh~qU cap".
                 ~~~~a~red ~qbio~qge~o~qg~ra~qp~qiu~c region (~see                    educational programs w~qi~qd~iin the                      (~qd~q) Performance evaluations will be
                                                                      research reserve~. ~qf~qf ~2qNO~4qA~8qA det~e~n~-~qm~i~re~s~.              conducted in acc~ardance with the
                   ~,~qd~q) Cpera~qL~on and management funds                  based an the scope ~of the project ~sm~qd               pro~c~e~qd~q=1 &Ad public participation
                 are subject to the fo~qL~qi~o~qw~qi~n~qg limitations:            the issues a~ss~q=ated with the additional             provisions of the ~0qC~6qZ~2qM~2qA re~qgulatic~a~s an
                   (1) No more ~L~q@an ~q$70.000 ~in Federal                site. that an environmental assessment              re~v~q@ew of ~qp~e~rf~amance at ~q1~q5 CF~qR part
                 ~f~-~-~qds ~qmay be expended in a twelve                    is ~qn~qd~qf~qi~qce~nt to establish a m~u~qlt~q4~qi~e~-sit~e             9~qZ~qB (ie.. I 9~q28~-~3~q(b) and ~q1928~-4)~.
                 ~n~an~t~qh award ~qpen~od (ie.. Federal funds               research re~ser~qm t~qh~qw the state shall                   (e~q) To ensure effective Federal
                 for operation and management may not                 develop a revised management plan                   oversight of each research reserve
                 b~z exp~eaded at a rate greater than                   which. concerning the additional                    within the N~a~qd~o~qm~ql Estuarine Reserve
                 ~$70.000 per year);                                   component. incorporates each of the                 Research System the state is required to
                   ~q(2~q) No mare ~qt~qh~q= ten percent ~o~qf the                 elements described in ~q1 ~q9~4q=1~q3~q(~&~q@ The                 submit an annual report an o~qp~er~at~qic~n
                 total amount (state and Federal shares)              revised management plan ~0qAall address                and management of the research reserve
                 of each operation and management                     goals and objectives ~qf~0~f a~ql~ql components             during the immediately preceding state
                 award may be used for construction-                  of the multi-site research reserve and              fiscal ye~ar.-Thi~s annual report must be
                 type activities (ie.. ~qS~q%4.000 maximum                the additional component's relationship             submitted within a ninety day period
                 per year).                                           to the original ~e~qf~qte(~s~q).                            foll~ov~2qA~n~qg the end of the state final year.
                 ~J92~q%.~0q= Boundary ~c~h~ar~q4~qp~e~s~. at ~qm~qW~W~                    ~0q&~qm~2q*wt ~qz~q_~qp~qw~qf~o~r~u~qmc~e E~v~a~0qW~2q*~qm                            The report shall detail program
                 to the ~f~f~u~nr~u~lg~e~qm~i~a~c~t ~qV~qW~1~. and ~Sdd~0qM~q= Of              and w~0qf~0qt~h~6q*~qm~qu~qi of ~4qD~e~qal~qi~qp~qu~ql~qb~a~n                         ~s~u~cce~m~qm and ~sc mpli~s~4qh~0q@
                 ~Mu~lt~1p~i~o-~a~f~t~e Components.                                                                                referencing the ~r~qm~qw         reserve
                   (a) Changes in r~e~.~, ~e~arch reserve                  1021.~40 E~va~qk~qe~qd~qw of ~s~qy~s~t~2~qM                           management plan and. as appropriate.
                 boundaries and major changes to the                  ~qp~e~qdar~qm~s~e~"~M~L                                         the work plan for the previous year. A
                 final man~a~qg~e~m~qm~0qm ~qp~qla~q= tr~u~qdud~qin~qg ~0qO~qAt~e                   (a, ~qF~qo~ql~qL~o~qw~qi~n~qg ~4q&s~qi~qg~n~at~qi~n~n of a ~n~1~a ~A~&I              w~qm~4q* plan~. d~et~a~qi~qL~qi~n~qg t~q@~e p~r~o~qf~ects and
                 laws or ~r~e~qg~0qWa~t~ia~n promulgated                        estuarine ~r~e~s~ea~r~r~-~qh~r~e~m~arv~e ~qPUz~z~"~A~n~qt t~O              activities to be ~an~qder~qt~a~qi~te~n over ~ql~qh~6qt
                 specifically far the research reser~qm                 I ~q9~q2~q1~-~q1~8qM ~qp~at~qdo~qd~6qk pe~r~qlo~q-~qM~AC4~1                        coming ~q7~e~qw to meet the ~qg~o~u~qls sod
                 may be made only after written                       evaluations ~sba~qll be ~e~ar~i~qd~-~1~c~l~e~qd                    ob~qf~e~ct~qt~ye~s of ~qO~t~e research reserve as
                 approval by NOAA. If determined to be                concerning the ~o~qp~er~s~qd~o~n and                         described In the mana~qg~em~en~qt~qp~qla~n and
                 necessary, NOAA may require public                   management of aac~qh national ~a~-~f~t~q-4~n~@                the ~s~2qw~e~'s role in ongoing research
                 n~otic~a~. ~qf~qt~qw~qJud~qing notice in the F~ed~qw~al               research reserve. ~r~p~c~qhu~f~l~m aw research              reserve ~qP~r~u~qs"'~s~- sh~a~qn also be ~qIn~0qdud~4qa
                 Register and an opportunity for public               and man~qi~qt~o~t~qi~n~qg           conducted. w~qi~qth~ql~l~q@         f ~q921A I ~qSu~sp~er~u~qd~on of s~qo~'~qG~8q&~qM~8qV for
                 comment Changes ~qi~n the b~otmd~ar~qi~es of                 the r~o~qm~qm~e and education and                         r~h~qunc~qi~al ~a~s~s~qt~s~h~m~qw~q&
                 the research ~qwwrv~e ~qL~av~o~qlvi~n~qg ~0qdw                      ~qI~n~qta~qrp~r~a~qt~qE~V~A              Evaluations may                 It 4~9 ~qp~e~r~qf~OM~qA~DC1~8 ~e~V~4~q1~Ua~2q&~qM ~qW~qd~er
                 acquisition of properties not listed In              ~MA~q"~i $a performance ~ql~2qi~'~a~qn aspects of.                 ~qQ~qZ1.4~qi~qo ~p~qr~qwa~ql~s &at &a o~qp~e.~a~qd~a and
                 management plan or final EIS ~C~e~qq~U~qW~G                  research ~z~esa~r~v~q&~op~e~r~s~qf~qlo~n and                       ~qm~a~n~a~qge~u~qW~n~qt~o~ql~qth~ere~q"~a~r~c~qh~l~e~q"~qn~s~0qh
                 public ~qwt~qic~e and the opportunity for                 ~T~r~, an ~a~g~i~qm~e~qs~qit. ~o~qi ~z~qi~qiy ~q1~qW ~l~i~qm~qi~ql~ad in ~qW~-~o~qp~e~.       de~qf~qi~c~qi~e~2qK or Owl be ~qM~s~e~a~r~c~0qk~qbe~8qb~8qe
                 comment: In c~erta~qrn cases. sit                       focusing ~o~n                                         c~o~nd~u~e~6qW ~qi~0qAt~qh~qin the reserve Is ~O~8qW
                 enviro~am~qm~q(~a~ql ~a~s~s~e~s~a~qme~nt ~it~ad ~qP~q@~qi~s~qi~qb~qly~.              ~qi~qmpor~qt~qm~qw~e.                                          CODA~ W~qR~qk ~6q*~*~qF~A~qh~qW~q1~qM~2q7~qA~9~G~a~qK~8qV
                                                                      a  ---
                 an env~qi~a~qt~qi~qm~e~n~q4al~ql~s~e~qp~a~cf On                                                             ~1~X~8~2~3~q1~n~e          ~4qCu~qld~a~qlk~e~s referenced In ~i~qm~qb~2qp~a~qi~qt F~o~qf
                                                                ~c~q6~4qw~:~@~,~@ ~q_~q@~,                     ~J~0qai~q@
                 may ~qb~q;~@ i~r~e~qq~u~qir~t~4~qL ~2qV~0qAer~6qi ~qp~0qW~c nod                     and ~qM~a~na~qg~o~qn~L~e~a~qL~i~n~qa              ~4                   us Pat ~ql~2qu ~e~4qv~0qo~qr~2qA~8qf~8qt of on research
                 req~u~0qk~ed. ~0qN~0qOAA wit place a ~not~qi~c~.~8 to                 whether ~s~i_~v~a~s~q"~qi~0qa ~J~s~qi~q@~ar~v~qi is                       less". f~o~r F~ed~qw~a~ql ~qf~qf~qm~o~ad~e~ql. a~s~&~2qW~qA~n~q@~e
                 the Federal ~6qR~e~qg~qist~a~qi of ant                          ~c~o~qm~qp~ql~qi~a~z~qi~c~e ~M~qd~2qa~qi~qb~d~q@~8qa~6qj~6q&~e~qm~'~e~l~qi~q@~qi~e~qf                 I  ~.                           ~4qpla~qtio~ns may be
                                                                                                          ~qiv~qi~ta~qthe~qr~.      ~e~s described in these rev
                 ch~a~n~qg,es in research r~es~qw~qm                           them                                                ~qn~w~qp~qj~n~6q&~qd~:~z~q6~8qW the deficiency ~o~r
                                                                                                                                                                         ~,~a~z
                 or proposed major ~ch~x~n~qg~q" to              final             ~ql~8qu~qe~qn ~f~i~-~qf~qt~,~qd~on and ~qm~a~na~6qv~qm~e~nl of               ~qi~n~qwnsist~ancy is remedied.
                 ma~a~e~qgem~en~qipl~an~. The state sh~all~4qb~e                    the ~6q4~qi~6qW~L~2qA r~e~l~e~qir~v~a fA ~CO~qU~qL~qiL~l~qOt with ~- ~1              ~q(b~qi ~8qNOAA Will Provide the state with
                 responsible for ~qp~Ub~qli3h~qi~n~qg-~a~n e~qg~qm~qtV~a~ql~e~nf             and  ~qh~2q4~0qd~w-~L the ~s~qm~f~@~e~f~a~n and SONIA ~Q~qf the           a written notice of ~qt~qh~e ~qd~e~qf~qi~ci~d~U~C~qT ~OL - - - .
                 no~qdc~e~qI~nt~qhek~qw~0qAme~qd~qF~qc~0q&~qw-a~qJ~qW                             ~'N~ati~oni~L~ql ~qF~i~l~qi~,"~i R~s~s~qw~v~* ~qR~d~s~l~at~qr~0q*4~0~.               ~qinc~on~sis~qt~e~qm~qy. ~4qr~6qd~s notice will ~qO~0qv~qi~6qd~s
                                                                      system
                 requirements of J ~qO~qZL~q4~q(~qb~q)~'~e~8q"                                                                             the ~qr~h~m~A~i~n~g a~s~s~e~s~e the Federal role ~qb~s -
                                                                                                                             ~8qmr~i~qb~ut~qi~0qf~0qt to ~8q" ~qp~qmb~8qkm. ~qp~e~o~qP~o~q" A
                   ~q(~qb~q) As ~qd~qi~p~q=~s~e~qd in f ~qO~qi~8qL~8qW~qb~q@ a ~st~a~il~e                support any am       ~a~r~qm~or~e~a~qf~qt~qh~a~qp~o~qd~q'~q7
                 may ~2qd~h~o~o~se to ~8q&~r~re~0q@ ~e~qm~od~4qU~qp~qh~o-~fi~0qf~0qt ~*--                made -~4~--                                        .~0~. solution or ~s~o~ql~u~qd~o~o~A~. Provide
                 ~~a~t~i~n~n~a~l ~e~x~t~ua~r~qi~n~e               ~M~a~s~qm~q" ~a~qf~qt~e~L           ~q(b) ~0qc~o~n~a~r~an~qy. ~qp~ar~qr~a~c~n~a~qm~e ~qW~qc~qa                      by which, ~4q" ante ~s~qk~ould remedy the
                                                                                   ~&~q1~q1~&                                   d~e~qf~qt~c~ql~ency or ~qIn~co~a~l~ql~st~q"~I~c~qY~. ~M~MA ~4q"~qI~a
                 the Initial acquisition ~qm~0qd ~qd~a~T~u~qla~qP~O~K4~0~q1~;             ~tv               SIZE                               ~qw~qb~gt~qh~qw th~e sale~'s ~0qd~4q*~qLb~6qW~qty for Federal
                 award f~qor~qa~qs~2qin~6qg~4ql~qe ~q8~8qf~08qW~8qb~8qW~20qb~q9~q1i~4qn~8qAu~q1~qLd~q4L                   M~8qm ~4qb~qr~qe~4qq~qu~qent ~qe~qvalu~qst~qi~qo~8qu MAY be,                   ~08q4~qt ~8qf~8qt~qu~qa~qn~qc~28qw a~8qu~16qh      ~- ~0qM~q, has be~qe~qs~qs suspended
                 Public notice of the proposed adrift=                ~2qw~32q&~q*d~0qk~qL~4qU~24qd as ~0qA~q*~qt~q-~qm~qe~ql~qm~qi~qd to be `~q_~8q@ -~q@`
                                                                                                      ~q_~q_ _~q1~8qW ~.~q.~q,       ~q'~q1~q@ in ~8qW~4qh~28qa~qs a~qr pot. ~0qix dos ~12qw~8qic~qe ~4qt~4qh~qe state
                                                                                                                       ~q- ~68qY~q-~8qk ~q-
                 will ~0qbe placed by NOAA is ~24qd~4qw ~6qF~qO~24q&w~20qd                   nee"        b ~4ql~2qqnAA~-                                      aim b~qo ~qe~4qd~qy~2ql~qe~qad that it
                 ~qR~qe~52q&~0qt~0qw. ~6ql~20qu~qs s~0qt~qar~qt~qe AMR be, ~qr~qa~qs~2qp~qo~qu~qsi~0qll~20qk                  ~44qW
                                                                      co~qnd~qu~16qe~qe~20qd by ~20q7~q4d~qer~0qel ~qO~28qW~q&~4qJ~q. ~16qY~24qA~qM~0qd                      comment an this lading and ~qi~qm~qs~qet ~4qW~44qO
                 for publi~qa~6qk~8qi~qng ~qLa ~qo~8qq~12qd~qva~0ql~qe~qn~0qt i~qt~qc~4qi~8qd~qed, ~48q6                                                                   NOAA ~qG~4qO~04qW~6q"          to A        the Dwells of
                 the local m~qa~20qd~2qW~qL An ~qopp~qor~qtun~8qitV ~0qf~qOr ~q-                 determined to be ~qn~q4~qc~qls"~6qi~0qi~q- ~0ql~0qF~0qed~0qw~qa~8ql end                                          lion ~8q"~0qd ON& to
                                      don. to the ~6qpr~qe~6qp~qa~4qm~4qt~6qi~qo~qv~2q@         ~qn~qo~qn~q-~0qF~qed~qu~4qm~4qt              ~2q1~2qp mt. resource             th~qe p~qa~qr~28qk~qs~4qm~2q"~4qM ~qe~qvalu~qa
                 comment In add~qii                                     management ~8q"~4qt~qu~qa~qr~2qi~qs~8q"~qO~0qn~qp~qc~0qh~q,                           remedy ~24q&~q@ ~8qd~qe~4q6d~qa~qn~qc~6qy of ~16qW~qc~8qM~0qW~q2~6q!~4qM~4q=~2qy~q-
                 of either an ~qa~qn~qvtr~qo~qom~qe~qn~qtal ~q8~q8~q9~q02~qS~qU~0qM~4qt                                                     ~q.~q0~4q1                   ~0q1~28q2~8q5~2qib~2qi~4qli~0qt~2qy of a ~qa~qs~qs~qea~qtch "or" ~4qI~4qf~4qf
                                               ~qs~0qt~qa~0qla~qm~0qm~qa~0qt on           ~2qI~qn~qt~qe~qr~8qp~qr~qe~qi~0qt~qe~2qd~qo~qn ~qo~qr ~qO~0qt~0qh~2qf~2qf aspects
                 or envir~qo                                                                  ~qr~qa~4qw~qa~qr~qd~0qb ~qT~qe~qs~qa~4qm                 ~8qf~8qt~qU~qa~8qW~16qW ~qg~qa~12qd~qst~qm~8qz~qe ~q@~qn              the"
                 the proposal~q. will al~8q"         ~4qM~8qq~qu~2qi~qred. An           national ~qe~qsh~qk~qsr~8qkw                                   ~qr~16qqp~2qg~qS~6qd~qo~8qw ~q&~32qW be restored upon
                                                                      op~qo~qr~qs~4qtim ~qa~qnd ~8qM~qn~qa~12q"~8qM~qa~qu~4qt may to
                 environmental Impact s~0qt~qa~qte~0qm~0qa~qn~2qt if                                             to participate In          written notice by NOAA t~qo th~qe "Is's
                 required. shan ~0qb~qe prepared in                        ~qr~q4~16qq~qu~qe~qs~0qt~qe~24qd by NOAA
 

~0



                                 Federal Register ~/ Vol. ~5~3~ No. 141 / Monday, July ~~3, 1~~~~90                                  Rules and Re~g~~q2at~i~n3                       299~57
                  that t~q@e deficiency or ~8qL-~c~o~ns~qiste~ncy has            I ~9~21.~2~1~1~q(e) re~qgar~q'~qL~n~qg t~qhe disposition ~o~qf                 to any other funds availa~qb~le to a c~oast~a~q:
                  been reme~qd~q;e                                        real property acquired in whole or pan                    state under the Act. Federa ~-esear~c~qh
                  (d) If, after a reasonable time. a state            ~%~q@th Federal fu~r~id~s shall be followed.                    funds provided under this ~I~l~L~qbpart ~r~qm~us:
                  does not remedy a deficiency in the                   (~q0 NOA.~qA may not ~qw~it~l~q@d~raw                              be matched equally by ~t~qhe rec~,~.p~'           ~*e~nt.
                  ~p~~rat~;~on and management of a na~Lio~nal              designation of a national estuarine                       consistent with I 9~21.~81(e~q)~q(4)
                  estuarine research reserve which ha~s                research reserve if the pe.~-~qf~c~r~ranc~e                      ("allowable costs").
                  been identified pursuant to a                       eva~ql~,~,~;a~t~qi~on reveals that t~qhe de~qf~q:c~-~.~enc~@es
                  pe~~;~o                                               in ~a~nan~a~qge~rr~ient of the site are a resu~l~l t of
                   . ~q=a~n~ce evaluation under                                                                                     ~q1921.~51 Estuarine research guidelines.
                  ~9~-~'~1.40(~'a), such outstanding de~;~@~:~:~4e~ncy           inadequate Federal ~qr~lnan~c~@al support.                     ra) Research w~it~qh~in the National
                  shall be considered a basis for                                                                               ~.~,I~n~ia~n~ne Reserve Research S~qys~te~nn
                  ~2qN
                   ~qhd~.~-awal of desi~qg~na~qL~ion (see ~q1921.42).             Subpart F-~-~qR~es~earc~qh                                       ~q@~a~qll be c~o~rducted in a m~a~r~-~ier
                  ~8qv~~~.                                                                                                          ~5
                  ~1921.42 ~qWIt~hdr~aw~al of designation.                  ~qJ 921.50 G~en~sraL                                          consistent with Es~n~uari~ne Research
                  (a) Designation of an estuarine area                  (a) To st~qi~-~mulate high quality research                 Guidelines developed by NCAA~.
                  as a national estuarine research reserve            within designated national estuarine                      (~qb) A ~su~qm~qm~, ary of ~the Estuarine
                                                                                                                       A        Research Guidelines is pu~qb~qLs~qh~ed in the
                  may be withdrawn if a performance                   research reserves. NOAA may provide                       ~"eral Register as a part of the notice
                  evaluation conducted pursuant to                    financial support for research which is                   red
                  ~1921.40 reveals that:                          ~-    consistent with the Estuarine Research                    of available funds discussed in
                  (~1) The basis for any one or more of                Guidelines referenced in ~qJ 921.51.                        ~q1 ~q921.~q50~q(c).
                  ~~he findings made under I ~q921.3~q0~q(a) in              Research awards may be awarded                            (c~q) The Estuarine Research G~uide~qi~qi~ne~s
                  designating the research reserve no                 under this subpart to only those                          are reviewed annually by NOAA. Th~:~s
                  longer exists:                                      designated research reserves with                         re~%~r~qiew will include an opportunity for
                  (~q2) A substantial portion of the                    approved final management plans ~ivith                     comment by the estuarine research
                  research conducted within the research              the following exception: NOAA may                         community.
                  reserve. over a period of years. has not            award research awards under this                          ~q1~q921.52 P~r~o~n~qmt~S~o~n and coordination of
                  been consistent with the Estuarine                  subpart to reserves without final                         ~e~stu~a~d~n~e ~r~e~s~ear~e~0qf~0qt
                  Research Guidelines referenced in                   management plans that have been                           (a) NOAA will promote and
                  subpart F of this part or                           designated prior to the effective date of                 coordinate the use of the National
                  ~(~q3) A state. after a reasonable time.               these regulations: in the absence of an                   Estuarine Reserve Research System for
                  has not remedied a deficiency in the                approved final management plan.                           research purposes.          ~qi
                  operation and management of a                       however these reserves will be eligible                   (~qb) NOAA will. in conducting or
                  research reserve identified pursuant to             for research awards during only the first                 supporting estuarine research other than
                  an earlier performance evaluation                   two years after the effective date of                     that ~authorized under section 315 of the
                  conducted under ~q1921.40~.                            these regulations. Although this research                 Act. give priority c~o~qmidera~t~qio~n to
                  ~(b) If a basis is found under                       may be c~onduct~qid within the immediate                     research that uses the National
                  I 9~q21.~q42~q(a) for withdrawal of                       watershed    of the research reserve. the                 Estuarine Re~t~serv~e Research System~.
                  designation. NOAA will provide the                  majority of research activities of any                    (c) NOAA will consult with other
                  a late with a wT~qitten notice of t~qhis                single research project funded under this                 Federal and state agencies to promote
                  finding. T~qhis notice will explain the               subpart must ~qbe conducted within                          use of one or more research reserves
                  basis for the finding. propose a solution           reserve b~ou~n~qd~e~qdeS~. Research funds are                     within the National Estuarine Reserve
                  or solutions and provide a schedule by              primarily used to support management-                     Research System when such agencies
                  which the state should correct the                  related research that will enhance ~' ~' ~' ~q'                conduct es~qtu~qir~6qm~qo ~qte~s~e~s~qirch~.
                  deficiency. In this, notice, the state shall        scientific understanding of the research                    ~1~4~q"
                  also be advised that it may comment on                                e~2q& provide information
                                                                      ~r~e~s,~e~r~ve ~e~c~o~s~qy~st
                  the finding and meet with NOAA                      nee~q4~ed by"r~e~s'e-~r~v~i~ei~i ~i~na~qiiger~qi and Coastal
                                                                                                                                I 9~q2~q1~4qA~qO ~qG~qW~4~W~2~qL~q!~q6~q;~J~J~qJ~4q*~:~.~qk
                  officials to discuss the f~ql~a~r~ql~i~n a~nd~s~eek~. ~.~'~T~n~-~r~qi~qs~ome~qitd~o~q@~qis~qi~qb~qi~q@~-~'makers- mid
                  to correct th~i~qidef~qiciency.                          ~-improve public ~qiw~qir~e~qwss and                              (a) To p~r~o~qi~qid~qe a sy~ste~qma~qt~qic~qba~sis for
                  (c) ~qL~qf. within a reasonable period of               -understanding ~o~qt~e~stu~arin~qi ~0~q6~q6~s~qiste~qms                     developing a high quality e3t~t~larin~o~O~.
                  time. the deficiency ~qi~qk not ~c~orr~e~q;t~ed in a          and estuarine m~8qA~qi~qgeme~qit issues~.                           m~ourc~s and ecosystem ~qin~qforma~qd
                  manner acceptable to NOAA~. a notice                 Research projects may be ~q6~qi~ri~s~i~nted to                    b~e~q" f~qb~r ~n~a~qd~q@~6q@ ~qi~s~t~qua~4q@e research
                  of intent to with~qdraw.de~si~qgnat~qi~o~i~L with             specific research reserves: however.                      reserves aid. ai a ~re~s~0qW~qt for the System.
                  an opportunity for com~qinent. will be                research projec~4qU that would benefit                       NOA~6qA may provide financial support
                                                                                                                                for monitoring ~qP~r~o~qg~qj~a~qm~s~. monitoring
                  ~placed in the Federal Register-                     more than one research reserve in the
                  (d) The state shall be provided t~qh~q@                 National Estuarine Reserve Research                       funds am used to support three major
                                  a~i~i~n~-~qi~t~qiforma~ql hearing              System are encouraged.                                    phases of a monitoring program~. studies
                  opportunity for                                                                                                  my for comprehensive site
                  before the under ~qSe~2q&~e~qt~j_u~8q7 to consider                (~qb) Federal research funds under this                   ~n~e~c~e~s~s
                                                                                                                       ~a of     de~sc~ript~qi~qo~n/charac~terization~.
                  ~qN~qOAA~'s ~qr~Lndi~ng of ~qde~qlk~qi~qincy~s~ind intent              subpart am not intended as a ~s~our~c                                                 rile, and
                               d~qa~8q;~72q4~q7~40qW~4qI~qC~36qS~0q-~qO~qv                                                                                     development of a site Pro
                  to withdraw                     well "'the'         c~qontinuousi funding for ~2qi ~6qP~q'~8qirticul~qar                                                 ring
                                                                                                                                implementation of a ~0qm~qo~qn~8qito
                                                  ~qy~40qf~q' as
                  state's comments on            sp~qe                  project over ~4qdm~qe~q. Research funds ~4qMa~8qy                      ~qr~qo~8qg~qr~qaM.
                                                  ~quan                 be used to support start-up costs for                     ~8qP
                  NOAA'~qs written ~2q1~qt~qotic~0qi~q'~q-~6qp~q'~qO~qr'~qs       It t~qo     ~q'                                                              ~6q(b~6q) mo~2qi~qi~6qi~8qi~qo~2qi~2qf~8q@~6qi funds am'
                                                         notice       long-term ~2qO~8qi~0qb~6qj~qec~0qts ~8qif a~0qh applicant can ~q"~q'~q:                                            available an
                  I ~q921.42~2q(~6qb) and Federal R~56qn~32qW~4qii                                                                                      t~8qit~8qi~qv~q@ basis to the state agency
                  ~qP ~u~qr~q3uant to I 921.42(c). ~q- ~q- ~q- -~q'~q-. -         ~q- ~q-~q, identify an ~qal~qtern~2qi~2qf~2qi~qv~qe'~qs~qour~2q6~qa of long-                   a Con"                                      ~qn~qt~qor
                  (e) Within 30 days after ~4qth~6qi~ql~6ql~4qifoi~48q"                 term research ~qsuppor~8qL ~qr~q-                                  ~qr~qe~qs~6qp~q.~q.~qOns~2qibl~qefi~12q*r~4qm~q-rv~qe --~q& e~0qme
                                                                        ~6q(c~6q) Research funds are available an a                   q     public or private person or
                  ~qheari~qn~12q& the Under Secretary shall issue             competitive ~4qb~2qis~6qi~qs"~0qjo any coastal state of            'and              - by the Reserve.
                  awritten decision regarding th~qe                                                            ~qU.~q' A              ~20qH      if ~q. app~6qi~8ql       t is other than
                  designation status oft~4qh~qO national                   qualified public or private Pers~qo
                  e~s ~qtuari~qn~qg research reserve. ~20qU a decision           notice of available funds will be                         the         ~8qi~4qm~8qd~q. of a reserve
                  is made to withdraw research reserve                published in the Federal R~q&~8qS~6qist~qs~qr~q-                        research ~6q(C~qoas  state), that applicant
                  designation. the procedures specified in            Research funds am Provided in addition                    must submit as a part of the application
 

~0



                    29~9~qM            Federal Register / Val. ~S~5~ No. 141 ~1 Monday, July ~23. 1990                             Rules a~d Reg~~l~~u~~~
                    a letter from the reserve manager                  recipient. consistent with I 92~.~1~.8~1(e~q)(4)           public or private person may apply for
                    indicating ~qf~ar~qm~al support of the                   (-allowable costs-).                                 Federal ~qrinanca~ql assistance awards for
                    application by the managing entity of                                                                   estuarine research or m~o~nit~c~r~qing. The
                    ~L~q@e reserve. Monitoring awards will be             ~q1~121.71 Categories of ~P~ot~sn~t~qW                        a~rr~ic~u~nce~qme~nt c~qf opportunities to
                    made cn ~t~qhe bas~i3 of a~qf~ive-ye~ar                    ~i~rt~e~r~or~ot~iv~e and educational p~r~o~2qoct~s;                ca~nduc~t research in the reserve ~sy~s~-~z~ri
                    p~,-~r~4~:~;~q=~a~n~-~_~e ~qper~-~,od: ~a~nd with initial            evaluation Criteria~.                                 appears an an annual b~-as~@s in the
                    f~u~r-~qd~'~n~q; for a ~-~.~% e~q! ~@ a (~1~Z) m~o~r ~t~qh pe~qn~z~qd~;          (a) Proposals for interpretive or                 Federal Re~q;ist~er. If a ~st~a~q4e i~s
                    an!      a~r~qM_~a~ql ~s~ip~p~i~_~-men~tal ~q@L~n~qd~qin               e~cucat~icnal pro~qi~qn~t~s will be considered               ~qp~ar~t~ic~@p~at~qi~n~qg in t~qhe national Coastal
                                                                   ~q9   under the following categories:
                    contingent on p~e-~'o~rma~nc~e and                         (1) Design. development ~2~n~qd                       Zone Management Program. the
                    a~q@~qp~r~up~na~r~qi~on~s u~n~q@~er the Act.                       d~;s~*~_~-~qi~qbuti~cn/~q;~q!~acement of ~qi~n~t~r~rpretive or           applicant for an award ~un~qd~E- ~sec~qt~c~a
                    ~4qM~onito~r~@ng f~t~L~nd~3 are provided in                                                                       315 of the Act shall notify ~1~q@e state
                    ad~qd~qi~*i~on to any other funds available ~to           educa~t~qi~c~nal media (i.e.. the development
                    a ~z~3asta~ql state under t~1~qh~e Act. ~qFe~l~qderal           of tangible items. such as exhibits/                 ~c~zastal management agency regarding
                    m~u~n~u~,~q=.n~a ~q@~ur~ids must be matched                   displays. public~zti~o~rs. posters. sign~3.              the application~.
                                                                       audio/visuals, computer software and                   (~qb) An original and two copies of the
                    equally by ~t~qh~,~! recipient, consistent with                                                              formal application must be submitted at
                    I 9~q2~I.~q81~,~1e~q)~q(~q4~q) (**allowable CC3~t~S~'~*~q)~.             maps which have an educational c~r                    least 1~qZ~qO working days prior to the
                    (c) ~qN~qfo~r~qut~ar~i~n~qg pro~q@~a~c~ts funded =der               interpretive purpose. and techniques for             proposed beginning of t~qh~a project to the
                                                                                                        ~V                   following address: Office of Ocean and
                    ~,~q@~;3 Subpart ~qm~u~zi~t f~oc~us on         resources      making available or locating ~qir~qdo~r~r~i~nat~qion
                    w~it~.~qhin ~tne bcu~nda~ri~e~s of ~t~l~q@e r~es~p~arch            concerning research reserve resources,               Coastal R~eso~t~z~ce Management.
                    reserve and r~au~st be c~or~si~a~t~ent with the           activ~i~t~qie~3, or issues);                              National Ocean Service. National
                    ~a~qppl~qi~-~cable ~-~-actions of ~0q&~.~a E~s~tuar~qLne                (2) ~q6evelop~qment and presentation of               Oceanic a~nd Atmospheric
                    Research Gu~qi~qd~e~q!~qlnes referenced in                  curricula. workshops, lectures. seminars,            Adm~qin~qi~strat~qi~qm Universal Building
                    I 9Z~I-~q5~q1. P~c~rt~qio~ns of t~l~q@e pr~ojcct ~q=~qy              and o~Lher struc~_~t~qwed programs or
                    occur w~qi~d~qh~qi~p the ~qL~-~nmedi~a~te    I watershed         presentations for facility or field use:             South, 1~8qW~8qZ Connecticut Avenue. N~8qW,
                    of the Reserve beyond the site                        (3) Extension/ outrea~c~qJ~2 programs; or             Suite 714. Washington. ~qDC ~8qW235. The
                    ~bound~a~r.~'e~s. However. ~t~qhe monitoring                  ~q(4) Creative and innovative methods               Application for Federal Assi~l~lta~nC~l~l
                                                                                                                            Standard Farm 424 (No~n~-~c~ans~tr~i~l~c~ti~o~n
                    proposal trust ~qdem~o~n~st~qm~t~e ~A~0q+~qy t~qhis is              and techno~ql~c~i~qgie~s for implementing                   Program) constitutes the formal               ~. ~*~.
                    necessary for the ~s~uc~c~q7~_~q-~_ of t~qhe project.         interpretive or educational projects.                application far site selection. post-site
                                                                          (~qb) Interpretive and educational                  selection. operation and --~a~qg~e~qm~a~l~6qk
                    Subpart H-~qIn~qt~e    ~rpr~et~at~qi~on and                  projects may be oriented to one or more              research. and education and ~qi~nt~qa~l~m~e~t~qive
                    Education                                          research reserves or to the entire                   awards. ~qT~qb~a Application for Federal
                    ~1~92~1~L70 G~e~nwa~l.                                    system. T~qh~ose projects which would                   Financial Assistance Standard Form 424
                    (a) To s~qti~n~t~L~qaa~le the ~qd~ove~ql~o~qp~tn~e~n~qt of              directly benefit more than one research              (Construction Program) constitutes t~qh~e
                                                                       reserve, and. ~qi~qtpr~act~qicabl~e. the entire              formal app~qLica~qt~qi~o~i~n for land ~2q"~a~8qWti~o~n
                    innovative or creative interpretive and            National Estuarine Reserve Research
                    educational projects and materials to                                                              ~.    and development awards. Ilia
                                                                       System. shall receive ~qp~qd~o~6qd~qty                         ~app~qUc~ati~o~n must be accompanied by the
                    ~nha~n~ce public ~a~rw~a~rene~s~s, and                      consideration for ~qf~u~l~odin~qg.                          information required In subpart ~qB
                    ~qMers~t~a~ndi~n~qg of e~8ql~r~qi~n~e~qf~qi~a~q*~a~a~.                          (c) Proposals for i~n~qt~qi~r~qf~qretiv~e and                ~q(pr~ec~ql~es~qi~qg~n~at~qi~on~qj o~qf~qth~qis pal. subpart C
                    NOAA may ~qf~a~0qM Interpretive and                      educational pr~o~qje~qC~qt~qs In national                     ~of ~qth~qi~qip~airt and I ~q921~4qM (acquisition and
                    educational activities. Interpretive and           estuarine research ~z~es~e~rve~ii~i~.w~qil~ql be
                    ed~urca t~qi~@~onal awards may ~q@e ~aw~ard~od .~,~:                                                                development~q). and ~qi ~9~qX~I~qM (operation
                                                                       evaluated in ac~cord~qa~nc~e~'~i~t~qi~2qf~2qt ~G~qdt~s~qdA                 and m~'     ~' ~ e~qn~qt~q)~'~&~$ ~s~i~2qn~qf~qi~c~ab~ql~e.
                                                                                                                                       sew
                    under this subpart to o~qp~ql~qy~,t~qho~s~e~l                  listed below-"                                       A~qp~qi~8qZ~e~qw~qt~o~a~s ~tor development awards
                    designated research re~l~qi~qerves~with                   ~q(I)E~qd~i-~A ~o~na~ql~a~r~;~n~t~p~r~qo~r~e~t~i~v~em~a~qd~qt~a;                 for ~c~o~qm~qf~qt~2q@~a~u projects, or rev ~r~at~i~v~o
                    pproved final ~n~qm~n~s~t~qg~qem~e~6qa ~qP~ql~qA~ns with                                                        reserve                ~ql~a~s,~0~q1~V~qI~D~i~qg ~C~O~n~St~?~V~G~qf~qi~O~q= ~1~21~1~0~3~1t
                                                                       ~ (2~q)Rele~qv~an~c~e~'~qa~r~qi~qm~qp~q6~i~qi~a~l~qi~c~e                        activ~qi~ll~qi~s~i~s
                    lie following exceptio~qw, NOAA may                  manag~eme~n~qLa~r~c~o~s~s~i~8qW1~q1~01~C~0qW~4qT~qF~, -~"~-~6qV~-                    ~qi~n~c~ql~u~qd~e a preliminary engineering r~e~qP~qo~0qd~-
                                               ~u~n ~r
                    award research awards ~2~- d~a' ~qt~.~0qW~s                     (3) ~qEduc~&~qt~2qW~n~a~ql ~qqu~&1l~0q*                             All applications must contgfn back UP
                    subpa.~rt to reserves wit~qi~qmu~qt final                 soundness of approach. ~e~x~qi~q=~e~t~a~c~e                     data ~qf~qW ~qb~u~qd~qg~a~qt ~e~st~qi~qm~a~4qu~s (Federal and
                    management plans ~tha~qtha~qir~e been                    related to m~eth~Dd~ol~o~qg~0qW~q1 -                            ~n~o~n~-Feder~al~ql ~s~qba~qns), and evidence that
                    designated p~4~qi~o~r to the effective date of             (4) importance to t~qh~e National                    the application complies wit" t~qh~e
                    these r~e~8qpla~qtion~i; In the absence of an             Estuarine Reserve Research Sys~qte=                    ~qEj~c~a~c~ut~qtv~e Order 12~8qV~6qZ ~'
                    approved final management Plan: ~'                     ~q(~q5~q) ~qsud~qg~at and ~qIn~a~qti~qt~utio~qul ~'                     ~.~qI~nt~a~6q"~2qF~qm   r~u~qment~al Review Of Federal
                    howe~,~.~qw these reserves Will be eligible            Capabilities ~qf~e~2q4~- ~re~a~s~O~n~A~4qt~qI~F~qMIS Of                   Programs~.~- in addition~. ~2qq~8qT~qnc~at~qion~3 for
                    for research awards a~6qA~k~q#~q6~4qf~4qf~4qly the ~qr~i~qm~qt             b_~- ~-~,t. su~8qZ~c~qIa~qMY of logistical ~S~uP~qp~or~2q*              ac~qq~u~2qWt~qi~o~n and ~qdev~elop~qm~,_t, awards
                    two year ~3 after ~qa~T~qe ~e~0qf~0qf~e~qZ~0q4~v~w date of              and                                                  must contain:
                                                                                                                                                      ~s~e~-
                    th~,~e~se regulatio~n~s~.~'~*-~;~"~q;~,~'~%~1~4~6~@~q4~q@~0q&-~'--               ~q(~qe~q) in addition. In the Cass Of ~ql~O~n~qg~-               ~q(1~q) State ~0qKs~qt~aT~qi~c Pre v~at~qi~o~r Office
                    ~q(b) Educat~qi~ona~ql'~a~nd ~ql~8~qt~qK~2qP~9et~ql~v~* funds              tec~in projects. the ~ab~qili~tY ~Q~qf~1~qh~a state or           comments;
                    are available on ~di ~qc~o~2q*~0qW~qU~v~qi`b~Gs~qis ~qt~o               the grant recipient t~o ~suPPQ~rt t~qh~A ~qp~r~o~q)~a~8qd              (2) Written approval ~4qf~ql~qo~0qm NOAA of
                                                                                                  ~qi                                               ~qan~.t plan for initial
                    any coastal state ~q*n~8qt~2q1t~6qY~q.~q_~q'~36qA~qo~0qf~0qf~8q*~qT~q- If t~0qh~qe          beyond this L~qa~2qit~8qi~qal ~48q4~4q7~q,~qd~qI~2qS~6qS~q.                         the draft
                    applicant Is ot~0qh~qe~6qi th~ql~2qi~qn~q*~24q"~qI~qt~2qi~ql~ql~56q@                                                                        acquis~12qM~qo~qn in development ~q&Ward~6q[3~0q@
                    ~236q:
                    ntity of a research reserve. that -                          ~6qI-~16qa~4qi~qn~ql~qa~qu~6ql Financial                        ~qa~qn~4qd
                    ~;32;104qic~qant must submit as ~6qa ~6qP~qG~08qA ~q10~4q4 ~qt~0qh~qe              A~qs~qs~2qist~8qw~24qW~qo ~6qP~qr~qO~qV~16qW~q,~q0~32qM~q.~q_                                   ~0q(3) A ~2qp~qr~qe~0qli~4qmi~qn~4qV~8qY~q'~qdr~qI~2qg~2qi~qn~4q@            ~qr~q*~8qp~qo~qrt
                    application a I ~8qit~qer from the r~6qa~q@~qserv~qe                                                                                                        ra~qtiv~qe
                    m              ~0q:~08q*~12qn ~0qf~qorm~8qi~qL~0ql ppor~qt of the            1 921~0qJ~4qO App~ql~qic~qa~qt~qi~4qk~qi~qn ~4qV~4qd~2qi~qn~qsl~qI~6qM~4qM                       f~qor ~qc~qO~qn~qf~qitruct~8qio~qn ~2qP~qr~qo~0qi~qs~qi~qc~0qt~qs' or r~qe~qst~qo
                    anager iru~6ql~4qic                 ~qs~qu                                       ta~0ql~4q;t~q&t~2qi ~4qM~q' ~q* :*I `~4qf             activities involving construction~q-~
                    ppli~qc~qa~qtion by ~0qt~4qh~qe manag~2qh~40q4 e~6qn~qt~8qlit~12qY ~qO~4qf                  (a) Only a ~q, M                 ~2qy ap~qrp y or
                    the reserve. ~2q7~6qbe3e~q'f~0qm~0qd~2qi an provided in             Federal financial assistance awards for                        ~4qA~00qf~00qtw~qa~6qN~qo Coal&
                    addition to ~qa~qn~4qy Other funds available to           pre~qacqu~qis~4qiti~qo~qn~q. acquisition and                        (a) All~qow~qzb~6ql~qv Coital ~6q;~6q@~20qW b~qa
                                    ~qa~qnde~qr the Act. Federal             d~q4v~qe~4ql~qopm~qli~qE~ql~2qt ~qc~6qP~4qm~6qd~8qm ~qa~qn~8qd ~q"                                                 ~qrd~qanc~qe w~8qi~qlh
                    a coastal state                                  ~- management~q. and ~qe~6qd~qt~qi~qc~qa~qt~0ql~0q= and                        determined ~8qi~qn ~qacc~qO
                    interpretation and educational funds               interpretation. Any coastal state or                 applicable ~24qOM3~2q3 Cl~qr~qc~20qW~qs~qr~qs a~qnd ~8qsuld~qa~qnce
                    must be matched equally by th~qe
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~0



                              Federal Register / Vol. 5- No. 141 / Monday. ~T~~~~ly 23, ~1~9~90                         Rules arid Regulations                 29~9~59
             for Federal financial assistance. the                 dete~:~7~=i~n~qin~qg ~*~q-~;~,e value ~o~qf ~q&~.e benefits           ~10. ~Y~"e~st Fl~a~rda ~q(F~,~- ~qJe~!~!e~:~-~_~on ~to c~e~da~.
             ~f~r~a~c~ia~ql assistance agreement. these                fore~qScre by the state. in the use of the             Key).
             regulations, and other Department of                  land. as a result of new ~qnst~r~ic~*ion~s th~at        L~o~u~tsi~o.~7icn
             Commerce and N~2qOAA directives. The                     ~r~r~-~.ay be i~:~n~q;~osed by Reserve des~ignat~q:~on.
             ~er~~ "costs" applies to both the Federal                                                                ~1~1. Panhandle Coast (Cedar Key to ~\~1~o~'~:~)~i~.e
                                                                   ~4qT~qhe ap~*praisal of the be~nerit~s foregone              Bay).
             a~d ~i~,~.~cr~i~-Federal shares:                            must be made by an independent                     IZ. M~i~s~3~i~3~s~:ppi ~De~:~*a (~'~%~Ic~bi!e ~2~ay to
               ~(~b~q) Costs claimed a~s charges to ~t~qhe                 appraiser ~@~_~- accordance ~w~l~i~t~qh Federal               Galvest~on~ql.
             award ~7~n~ust be reasonable. be~ne~qf~q@cial                 ap~'pra~qi~sal standards p~u~:su~ant to 1~q3 CFR            13. We~ste~r~r Cull ~q(Galveston ~to ~qme~x:c~a~n
             and necessary for the proper and                      part 24 and 15 CF~qR part 1~1. A state may              border).
             e~qf~qf~qlc~'e~nt administration of t.~q!~:e `~na~nc~4a~ql            i~ni~tial.ly use as match land valued at
             assistance award and must ~q@~= ~ncurred                  greater than t~qhe Fe~qd~cral share of the
             during t~qhe award penod.                               acquisition and develop~qmert award.                 14. Southern C~a~q!~;~1o~r~r~.~;a (~N~tex~xa~n B~o~qder to
               (c) Costs must riot be a~qL~locable to or                                                                   Point Concepcion).
             included a~s a cost of any other                       The value ~qin excess of the amount                  ~1~3. Central Ca~qli~q!~or~qma ~qt~P~oi~n~, Concepcion to
                                                                   required as match for the initial award              Cape Mendocino).
             Federally- financed program in either the             may be used to match subsequent                    IS. San Fr~a~q=~43C~C Ba~V~.
             current or a prior award period.                      supplemental acquisition and                     C~ol~u~z~tbi~c~P
               (d) Ce~neral guidelines for the non-                 development awards for the national
             Federal share are contained ~qLn                        estuarine research reserve (see also               17. ~N~lid~qdI~e Pacific (Cape ~0qMe~n~qd~oc~;~-~-~io to the
             Department of Commerce Regulations at                 ~q1921.20). Costs related to land                      Columbia R~I~-~ve~r~q).
             ~~5 C~qFR part 24 and O~qN~8qS Circular A-110~.                acquisition, such as appraisals. legal             I& Washington Coast (Columbia River t~o
             Copies of Circular A-110 can be                                                                            Vancouver Island).
                                                                   fees and surveys, may also be used as              ~19. Puget Sound.
             obtained from the Marine and Estuarine                match.
             Management Division; ~1~q8~qZ~qS Connecticut                 (3) Operation and Management                     C~r~e~a~t Lakes
             Avenue. NW., Suite 714; Washington. ~.                 Awards. Generally~. cash and in kind                20. Western Lakes (Superior. ~8qMc~qh~i~ga~n.
             DC 20235. The following may be used in                contributions (directly benefiting and               Huron).
             satisfying the matching requirement                   specifically identifiable to operations            ~22. Eastern Lakes (Ontario. Erie).
             ~(~) Site Selection and Post Site                    and management), except land. are                F~qlo~td
             Selection Awards. Cash and in-kind                    allowable.                                         22~. Southern Alaska (Prince of Wales
             contributions (value Of goods and                     (4) Research. Monitoring, Education                  bland to Cook Inlet). .
             services directly benefiting and                      and Interpretive Awards. Cash and in-              23. Aleutian Islands (Cook ~qIn~qit to Bristol
             specifically identifiable to this part of             kind contributions (directly benefiting              B~ay~q@
             the p~r~o~qj~qict) are allowable. Land may not              and specifically identifiable to the scope
             be used as match.                                     of work). except land~qL are a~ql~qlowable.
               (2) Acquisition and Development                                                                        24. Northern Alaska ~q(Bristol Bay to
             Awards. Cash and i~n~-ki~nd contributions                ~q921~.~q32 A~rr~o~qw~idm~ents to financial                     Demarcation Point).
             are allowable. In general~. the fair market            ~a~s~o~h~A~a~qm~e award&                                  insular
             value of land& to be included within the              Actions requiring an amendment to                  2~q& Hawaiian Islands.
             research reserve boundaries and                   ~*~.  the financial assistance award. such as            ~Z~& Western, P~a~ci.~q5c bland.
             acquired pursuant to the Act. with other              a re~qq~q6e~st for additional Federal funds.            27. Eastern Pacific Island.
             than Federal funds, may be used as                    revisions of the approved project budget
             match. However. the fair market value                 or original scope of work. or extension          Appendix ~0qU to Part 021-Typ~olo~qgy of
             of real property allowable as match Is                of the performance period must be                National E~s~qt~i~jar~ql~qm R~e~qwar~c~qh Reserves
             limited to the fair m~a ket value of ~' -~11
                                                    .~.~q4~r~q@a.        ~aub~8q&~qitted to NOAA on Standard Form                 Thi~a~.typ~q@lo~ql~qy sy~s~t~a~'~qM~i~i~-~qm~qll~act~qs ~sl~ip~i~qlf~i~cant
             property interest equivalent to,
                                                                   424a d approved in writing.                      differences ~qi~n estuarine characteristics that
             required to attain. the level of control              ~~ ~.~.~6q5~.                           ~-              am not necessarily related to regional
             over such l~an~qd(s) identified by t~qh~e state-            A~qpp~e~n~i~qf~qix~qi to Part ~9~q=~q-BLo~qg~e~o~qgr~aph~qic              ~qI~qmat~io~n. Ilia purpose ~.of ~t~qh~8qw ~t~8qh~q" of
             and approved by the Federal                           C~8qU~ss~qif~qic~a~t~qi~o~n                                    ~c~qh~qm~qi~qf~qi~c~a~qtio~n is to maxim, ecosystem
             Cover~nment as that necessary for t~qh~e                                                                   variety In the "l~ec~ti~on of national estuarine
             protection and management of the                                                                       research ~r~e~s~o~qm~qm Priority will be given to
                                                               ~-   ~1. Northam Cull of Maine (~qEa~s~t~qp~o~r~.t to ~t~qh~e       Important ~oc~o~syst~em t~q)p~q" as ~qY~et
             national estuarine research reserve. ~.~*           ~'      Sh~o~o~qpsc~o~t River).                             ~u~nr~e~p~r~os~en~t~ed in the reserve system. It
             Appraisals Must ~qb~e performed acc~ordi~n                 ~Z Southern Gulf of Stains (Sh~eepscot River       should be noted that any one site may
             to Federal appraisal standards as ~.. ~~.~._             ~. to Cape Cod).                                  ~qmpr~ow~nt several ~ec~o~qn~st~a~n~t ~6q"3 O~r
             detailed ~qin_Dep~6q&~4q@t~,~_~o~qt~qjCom~zne~r~c~0                                                                       physical characteristics.
             regulations at ~qI~qSC~qt~qItpa~qr~qt~q24 and the                                                                                            ~p~e~s
             Uniform Relocati~o~i~q@~6q&~as~qista~n~cs and Real                ~q3. Southern Now Wand (Cape Cod to                Clan ~q1~-~4q4~c~a~s~y~s~t~e~qm ~qT~)
             Property Acqu~qist~8qU~2qf~2qf~-~4qW Federal ~j~L~nd                       Sandy Hook). - ~-~t                             Group ~qI~q-~qS~qh~o~r~o~qL~qmds
             Federally A~ssist~s~qd~4ql~q@~2q@ In 1~q5 CFR                       4. M~qlddl~o Atlantic (Sandy Hook to Cape             A~q.~q,W~a~4qH~t~qi~qm~& ~qy~qo~r~e~q@~t_w~ood~ql~qa~nd This type of
                                                                      Hatteras).
             part ~4q1~4q1. ~2qT~0qhe fa~0qh ~44qM~52q9~52q6~q-~4qt~32qVa~4qlu~qe~q'~2qif                        S. Chesapeake Bay.                               ecosystem ~qc~0qms~0qist~qo of s~0qin~qg~4ql~qo-~qstemm~qed species
             privately don~6qi~24qw~q- ~6q1~8qj~0qi~56qW~0q1~8qf~0q!~80qh t~2qi~4qm~2qi of                                                                      that have developed ~qn~qed~qer ~qd~4qh~qo Influence of
                                                                                                                                                             lands
                                                                   c~qa~qr~12qa~4q(~qA~08qk~qn
             do~nat~8qio~qtLase~0qit~8qib~0qils~8qh~qe~0qa~6qt~0qi~28qp~q'~q*~q-~q"~q-~qW~q"~q,~0qX~q,                                                                    salt spray. ~8qU can be f~qo~qu~qz~8qd on coastal u~qp
             Independent ~qa~2qp~8q@~6qi~8qa~2ql~40q"r~q' ~0qi~0qi~0qd ~48q6~qi~qt~0qi~48qa~qed by a                   Northern Carolinas (Cape Hatteras to          or recent features~q. such a~qs barrier Islands~q-and
                                                                                                                    ~8qb~6q"ch~qi~0qm and ~2qm~qay be divided into the
             responsible official of the state 7                      Santa* R1~qv~qa~44q6       ~q.~q.   I   ~q. -                                               ~q6~q1~q@ ~q- ~q.
                                                                   ~q7. South Atlantic (Sant** River to St. John's    following b~0ql~qe~qa~qm~6qm~q-
             (pursuant to 1~2q5 CFR part ~08qU). may also                    R~qiv~q*~16q4                                           ~q1. North@= C~qa~qn~0qi~6qf~qe~2qm~qu~qs ~4qFo~8qm~qs~qt ~4qSio~6qm~qe: This
             be used as match. LAnd. including                     & East Florida ~8q('5L John's River to Cape         is an area of predominantly ~q@~qV~q4~qr~04qF~qe~q*~qns such
             submerged lands already in the state's                   ~4qC                                                                         grand fir (Abie~qs).
                                                                       ~q.a~6qm~qy~qo~qr~qe~4qI~36qV .~q.                                 03 ~qt~8qh~qe ~qlitk~q& spruce ~4q(~4qP~qI~qC~q8~20q4   ~qt~0qh poor
             possession. may be-used as match to                                                                    ~08q" white ~qc~qod~qar ~4qr~8qr~qau~8ql~qa~4q@ w~qi
             establish a national estuarine research               ~0q1~6q"~qs~qt Indian                                      development of the shrub ~0qi~qL~qad herb lay ~qem
             reserve. ~0qT~0qhe value of match for these                 ~q9. C~qAr~qibb~qea~qn (Cape Canaveral to Ft~q.              but high annual productivity a~qnd pronounced
             state lands will be calcul~qs~q-ted by                       Jefferson and ~qs~qau~qt~4qh).                         **&sand periodicity.
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~0



                       ~2~9~q9~6~4-                Federal Register / Val. 5~3. No. 141                               Monday, July, 23, ~1~9~~0                        Rules and Regu~la~d~~=
                         ~~. ~-~~~~i~~ Temperate ~tM~~~~~'~~e~qm~o~~)                                ~qhe~a~d~l~i. shrubs. grasses, sedges. rushes. and                      ~F~_ ~I~n~t~e~.~-~N~d~a~ql~qM~ud ~cr~id Sand F!~c~t~s: These
                       ~qC~j~r:~~@~-~r~ou~s Forest ~C:~o~qme: Foun~q4 along ~th~e                            h~er~t~aceo~us and dwarf woody pl~a~r~qm                                  areas ~a~re Corr-Posed of~u~n~c~o~nso~l~i~da~ted. h~i~;h
                       West c~ca~st ~o~qf~.~Nor~t~h America ~f~r~c~'~n C~a~qU~q!~or~r~j~a                          C~a~r~"~.~mcn species ~@~nc~l~u~d~e a~r~c~i~i~c~.~'~a~l~;~:~n~e plants                    organic content s~e~-~di~me~n~t~s that function as a
                       to A~l~z~;ka. this area is dominated by cor~i~i~fers.                      such ~a~s E~m~p~a~t~r~u~n~% ~n~!~q=~qm ~a~n~qJ ~l~3~c~n.!~a ~m~a~n~-~2~.                         short-term storage area ~f~qw n~u~t~-~r~ie~n~ts and
                       ..as ~s~'~r~e~!a~u~v~i~e~ly small ~se~:~t~3~on~al range. ~qh~j~g,~q@                       the li~c~q@e~qm Ce~trar~ia and C~.~ado~n~;a. and                             organic ca~r~t~-~o~ns. ~qMac~rophy~tes are nearly
                       h~L~;rr:~.~;~c:~.~;~,y w~i~m ~a~@~n~f~a~i~ql ~r~an~g~i~r~i~qg from 30 to ~5~0                    herbaceous p~i~az~i~ts such as Po~(cnti~li~a                             absent in ~L~'US ~eC~O~3Y3t~e~UL although it a~ia~@ be
                       ~~,~-~.~c~'~-e~s. and a w~e~ll-~d~e~v~e~:~op~ed ~mr~ici~er~s~t~o~r~i of                      t~n~d~e~r~i~t~a~ta a-~i~d ~R~u~b~@~s c~!~i~amae~c~i~aru~s~. ~qC~oaun~o~n                      heavily ~C~O~:~C~n~L~zed by b~e~n~t~qh~I~c ~qd~ia~t~a~rn~s~,
                                     w~i~-~,~@ an ~a~@~,~.~L~n~_~J~anc~e of ~m~o~g~3e~-s arid                  ~s~r~-eC.E~S 0~.~1 the ~:~Oa~S~t~a~; ~qbe~i~tc~qh ridges of ~U~q@e                     ~qd~n~c~qra~ge~i~l~l~'ate~s, ~5~"amen~t~ous blue-green a~:~i~qd
                       c~'~.~.-.e~r ~"~noi~s~t~@~.~ir~i~.~-~to~ie--~n~t ~pia~qw~s.                                ~qh~- h ~a.~-c-~:= ~@e~s.~.~t ~L~ic~q!~-~.~J~e ~D~r~i~a~s ~i~ver~:~r~:~q!~,~;,~':3
                                                                                            ~3                                                        ~-        green ~4~!~gae. and ~q&~.e~qm~o~s~y~n~t~heuc purple
                                           ~Oe ~c~.        s ~F~@~,-~r~e~s I ~q8~!~'o~!~r         ~0q7~--3     ~a~r~ld Sa~x~L~l~ra~g~e ~opp~o~3~a~i~qtz~i~a~. ~4qn~t~is area can h~e                      3~Ui~qh~-~- ~qbac~-~ze~n~a. This system may support a
                       ~b~i~:~@~r~ne :~3 ~c~@~i~rac~-e~nz~c~~o ~1~v                      e~v~e~:~-~-~I~y            div~!~qde~qd ~L~n~to two mai~:~- ~s~u~qb'~v-~.~s~ions:                              considerable population of ~ga~s~uopo~qd~i.
                       ~d~@~s~u~,~.~qbu~*~.ed rainfall. ~m~c~qd~e~a~te ~ter~n~pe~r~:~i~r~qzes                         1. Low ~7~*~j~r~qd~r~a.~- ~charac~t~z~'~r~i~'~ze~d by a thick.                      b~iv~a~q:ve~s, a~nd ~p~oiyc~haet~a~s. and ~r~ray serve as
                       which ~e~xh~i~q@~:~t a distinct ~sea~s~a~n~a! pa~t~te~-~n~.~,                          spongy mat of living and un~qd~ec~ayed                                a e~e~qding area for a variety of ~qf~ql~;h Lid
                       we~~ql-~@~z~@~,~.~-e~;~o~ped soil ~qb~iota and ~@erb and ~-~-hrub                     v~qe~-~,~e~!a~@~:~on. ~o~ne~n ~w~r~i~,~,~qh water arid dc~t~t~ed with                   wading birds. In sand. 'he ~qd~o~o~:~0qxa~n: fauna
                       ~a~ye~i~r~s. and numerous plan's which ~p~r~cc~qluc~e                          Ponds when ~n~ot ~qff~Q~Z2~r~L and                                        include the wedge &hell ~qDonax~. the scallop
                       ~~u~: ~p~y ~qL~n~u~' ~t~3 and         A distant ~su~qb~q@~i~-~,~-i~s~i~cn of               2.~1~1.~q4~h ~T~u~:~%~q@~r~a: a b~i~z~i~te area except for a                       ~Pec~ten. ~t~eilin ~sheils Tel~.~'~I~na. ~the ~qhe~a~n urchin
                                    ~is ~-~'~.~z pine ~e~dap~qh~ic forest af t~qhe                      n~:y ~qg~ow~-~z~r~i of lichens and grasses. w~i~!h                          Ec~qh~i~n~ocar~"~am. the lug worm Ar~e~n~icola~. sand
                                                                                            s~ra
                                        c~o~ts~til           in which only a                   u~r~i~q@~ar~q!~y~qmg ice wedges ~qf~o~r~r~a~In~g raised                             ~e~a~l~qlar ~qDendra~st~er. and the sea pansy R~er~ul~l~'a.
                       ~:~.~-~ra~@~: ~por~:~i~@ 7~t ~-~.~qf ~q_~@e a:e~a is ~c~c~c~-~_~,~;~,~.~ed by                     ~lygon~a~ql areas.                                                    ~qL~n m
                                                                                            PC,                                                               ud~. faunal dominants adapted to low
                       ~~q!~.~.~ra~~x                            it ~qb~a~-3 large areas              E~. C~o~ast~a~q!           This e~c~o~s~*-~a~tec~a is                 an       cxy~ga~n levels include the tere~be~ll~id
                       c~cv~c~red by e~j~a~p~h~ic c~l~Lma~x pines.                                     important ~n~2st~i~r~g site for many sea and shore                     A.~;np~hitn~t~s. t~qhe boring c~qL~q= Pl~ay~do~n. the
                       4. ~8~r~c-~. d-~qle~aved E~-~,~e~r~g~r~re~i? Subt~r~o~p~.~'c~al                           birds. It consists of communities of                              deep sea scallop ~qPl~ac~op~ec~t~e~n. the quah~o~;
                       Forest ~qS~i~u~m~e~i: The main characteristic of this                       h~arbac~ea~o~us. ~gram~ino~i~qd. or low woody plants                       ~qMer~een~aria. the ~schiur~id worm Ur~ec~qhi~s~. the
                       ~b~l~OMe ~i~s ~qh:~,~R~qh ~mo~i3~t~L~L~:e with less pronounced                        ~q(sh~n~i~qb~s, heath. etc.) on 'he top or along rocky                   mud snail Na~ssar~ius, and the sea cucumber
                       d~:~;~ferenc~es between winter and summer.                               faces exposed to salt spray. There is a                           T~qh~y~on~e.
                       Examples are the hammocks of Florida and                             diversity of plant species ~i~a~c~q!udin~qg mosses,                      F. ~qI~n~t~er~qUd~a~ql Algal B~e~qd~r. These am hard
                       the live oak forests of 2~q@~e Gulf and South                           ~qli~c~ql~c~r~q;~. live~r~-w~orts. ~a~nd ~"~h~0q4~qhe~r" ~PL~.3~nt                          s~L~L~qh~strat~es along the marine edge ~qd~qM are
                       Atlantic coa~st~3. Floral d~cm~in~an~ts include                            representatives.                                                  dominated by ma~cr~o-c~o* algae. usually
                       pines. m~a~g~r~o~q!~:a~s~. bays. ~qhollie~s. ~v~6~rild                              Group ~qE~ql~q-Taa~s~ir~t~i~o~n Areas                                         ~Lhalloid. but also f~l~im~a~n~e~o~h~qms ~or~i~a~qdc~a~l~lu~ql~az in
                       tamarind. str~an~qg~q!er fig. gu~i~r~ib~e limbo. and                                                                                            growth form. This also in~iclad~e~s the rocky
                       palms.                                                               A. Co~ast~a~ql~k~q1~qo~r~s~qh~e~s: Thc3~e are wetla~nd                             coast ~qUd~ep~oo~ql~e that fall within t~qh~e i~n~t~er~qU~8q4~q1
                       B~. Coast ~qS~qh~!~-~L~qb~ql~and~j: This is a tra~ns~i ~tio~nal                        areas dominated by grasses Po~acea). sedges                        zone. D~omi~n~a~qw ~ql~qau~n~s of theme are" am ~-
                       area between the Coastal grasslands and                              (Cyp~er~ac~e~se), rushes ~q(~qju~t~q=~c~a~ae~q@ cattails                          barnacles~. mussels. periwinkles~ ~a~m~e~m~o~qus~,
                       woodlands arid 's ~ch~i~rac~t~e~ez~pd by woody                              ~q(Typha~c~e~ae~qL and other ~qg~ra~qminoid species                           and chitons. Three regions am apparent: ~- ~'
                       species ~%~%~It~qh m~ul~t~ip~ie stems a few centimeters                       and is subject to periodic ~qf~qlo~od~q1~a~q; by either                     ~1. Nor~t~:~qh~e~rn latitude ~qR~A~x~-~qky Shares: It ~qis it~.
                       to several meters above the ground                                   salt ~or ~qh~e~y~qhw~a~t~ar. This ecosystem may be                          this region that the community st~qmctur~s is
                       developing =der t~qh~e influence of salt spray                          subdivided in~t~*~- (a) Tidal. which ~qis                              best developed. The dominant &*I species
                       and occasional sand burial~. This includes                            periodically flooded by ~ei~4q&er ~s~all or brackish                    include C~qhondru~s at the low tide ~qK-~v~e~ql, ~qF~u~c~c~i~s
                       t~h.~:c~qkets. ~3~q=b~. scrub ~sa~v~a~n~ra. heathlan~qds.                           wa~le~r (b) non-~t~idal (freshwater); or ~q(c) tidal                    and ~0qA~sc~o~qphy~qU~qm at the ~c~s~qk~q@~-~dd~al ~qk~m~qml. and
                       arid coastal chaparral~. There is a great                             freshwater. These are ~e~s~se~n~'~.~'~a~ql habitats for                     Lam~qi~n~ar~l~a and other ~qk~al~qp~8qU~s aims J~a~i~s~t
                       variety of ~sh~rubland vegetation exhibiting                           many Important ~a~st~ua~r~;~a~e species of fish and                      beyond ~t~qh~e ~i~n~t~a~r~t~id~-~1 although they can be
                       regional specificity.                                                invertebrates u wall as shorebirds and                            and at ~ex~L~r~e~qm~a~qly k~qm tides at found ~qIn
                       1. ~4qNo~r~r~qb~er~n Areas: C~qh~er~act~ar~qiz~i~ed ~qbry                                waterfowl and serves imp~o~n~a~m~e miss In                             ~I~qF~4qV
                                                                                                                                                              ~v~or~qy deep t~qidep~o~a~ql~&
                       H~ud~s~on~la. various e~e~i~n~ace~c~u~s ~spec~qig~s, ~qw~id                            sham ~stab~qiliz~a~qd~a~qm flood ~c~oatr~a~qL water                             2~. S~o~u~th~e~qm ~qL~a~qW~ud~q6~v Ila ~r~g~@~"~r~f~t~n~n~i~f~i~e~s in
                       thickets of My~rica. ~qPr~u~n~u~s~. ~qw~qd Rom                                   pun ~qA~f~t~a~n.~.~a~n~qd~-~qputr~i~e~nt transport ~a~i~nd                            this r~e~qg~:~qL~q= am r~edu~c~a~qd ~q1~8q4~0~Q~qM~q@~4q@ In_-,
                       ~. Southeast A~i~v~as~: Floral d~o~qmi~. ~a~ni~s include                        ~stor~e~4qp.        ~- ~' .~..      ~. ~. ~. ~.                      I ~t      those of. the northern latitudes and ~p~o~s~s~i~s~s~q"~s
                       ~qX~lyr~ic~a. ~qEacc~qhari~s. and ~qR~a~i~t.                                        ~8q& Coastal Swamps; ~q1~q1-~-~s~i~s are wait lowland                        alp@ ~c~o~n~f~qUt~qi~r~i~qg ~qm~ti~s~4q*~"~0qg ~s~qf~qt~i~qg~ql~e-~q@~e~qlled of ~*~' ~*
                       3~ Wes~t~a~i~m Areas. A~d~e~n-~o~r~n~,                                          areas that support mosses~ and shrubs                             ~qf~qi~ql~l~i~z~i~g~nt~o~qw Iraq% ~qb~qh~qm~8qi~r~e~a~n~. ~a~r.~q1 ~r~e~qd algae.
                       A~rcoty~qph~yl~o~a~. and Eucalyptus are                                     together with ~q)~a~r~0qp trees such ~a~qi ~c~*y~qpr~e~ss or                      and ~qw~a~s~ill thal~ql~o~id b~r~qi ~qO~i~s ~q4~2q*~e~.
                       dom~i~n~a~.~:~9~q1~q1~cra~ql~s~qp~e~c~q;~e~&                                               SUM                              ~q@~V~qj of;                          ~qr~qm~8q*~0~2~q1 ~qW~qd ~2q$~A~qh~0qf~0qt~8qV~4q*~0~ql L~qF~0qW~Ud~qed~i~' ~8qM~W
                                                                                            ~4qQ Coastal ~qAJ`~qa~n~qj~q=~v~v~& This ~*~o~qwy~w~qwm                                 int~ertici~al in this r~e~qgia~n ~i~L~v~a~s~q7~r~a~c~qh~s~c~ad ~a~nd
                       C. Coastal ~0qC~k~a~&L~qk~z~t~4qA~- T~8q" ~s~ir~i~e~s~t. which                              experiences regular flooding an either a daily.                   c~on~qw~a~s numerous ~c~a~qk~ar~e~a~us ~s~qh~p~qw ~S~qu~6qA
                       p~s~a~ss~a,e~s ~s~a~i~n~c~ql dunes and coastal ~qJla~%L I~t~s~e                       monthly, or seasonal basis, has low wave                          ~qP~or~ol~qith~a~n and ~8qU~t~qh~e~it~qh~qu~qmi~c~e, as well as
                       low ra in ~qf~a 11 ~q(1~0 to ~3~0 ~i~a~c~qbA~d per year) a~nd                       action. ~qm~8qW is dominated by a v~ar~i~ort~qy a( ~v~a~ql~t~-                    green alp& with ~c~a~ql~c~ar~e~qw~s ~qP~a~r~t~k~qi~es such a
                       large amounts ~of humus in t~qh~e soil, ~E~c~o~ql~o~qS~i~c~a~l                       tolerant tress. such as the red ~num~0qp~a~v~e                           H~&~qIiM~*~qdL and ~num~arc~qu~is ~qB~2q&~qw peas. red.
                       succession is slow. ~re~d~L~qd~V~a~qV in t~qh~e p~r~e~s~i~a~n~c~e                        (~qIth~qi~qmp~qbo~r~s ~qZ~&~6q4~0~q@ black mangrove                                  and brown ~al~4qp~i~t.
                       of a number of ~i~s~ar~4qW stages a( community                             (A~vic~an~nia ~t~Utida). ~g~ir~id the white ~m~q-~4qW~av
                       development. Dominant ~v~a~2qW~a~i~d~a~qil~i~s~c~qhx~2q6~a                                                                                                 ~qcr~o~up~ql~2qn~_~_~q@~2qd~i~qm~q;~q@~qj~2q4B~ot~lt~q;~,~q;~q@               ~"~"~" ~--
                                                                                            (~0qU~qg~u~nc~ul~ar~L~a r~e~c~omo~s~s). It is also an
                       m~~qd-gra~s~se~l (2 to 4 feet ~t~a.~qH~qL ~S~o~c~qh ~s~o                               tmp~ort~a~nt habitat for large p~o~o~qJat~qions of                         A. Su~qb~qd~d~6qW ~2qHard~qb~a~f~t~n~e~qm~- This ~2~q7~1t~q= is
                       A-~m~qmop~h~i~l~la~, A~g~r~opyr~on~. and C~al~e~qma~v~l~q1f~qe~. t~&~qU                         fish. Invertebrates. and birds. This type of                      ~c~qh~ax~act~ar~iz~ed by a ~c~o~n~s~o~ql~k~ql~a~t~ed ~qI~&Y~e~r Of SOW
                       grasses ~q(~5 to a feet tall). such ~a~n ~qS~qp~er~qd~n~a. and                     ecosystem can be found from ~c~r~i~t~i~t~u~a~ql ~qF~ql~o~ri~sla                    rock or large p~l~e~c~a~s of rock (~u~n~it~qh~qm of ~qb~i~o~t~0qk
                       trees such a~s the willow ~q(S~a~qUx ~sp~.~q@ Chewy                            to ~ex~tr~a~qw south Texas to the Wands of the                         ~cr~qi~qg~qin) and is found In association with              ~*~'
                       I Pru~nU3 ~sp~.~q@ and cottonwood ~qO~'~l~o~qp~l~ul~A~s                              Western Pacific.                                                  ~4qp~o~n~t~orpho~qlo~8qAc~a~qd fi~e~s~t~u~r~i~v~qis suck as submarine
                       ~de~qlt~qo~qides~2q@ T~qb~q@~qs ~qa~2qna Is d~q3v~qid~qed Into ~q1~q6~6qW                              D. I~qn~qt~qar~qvdal Beaches. This ~qt~qc~qa~qs~qy~qvt~6q= has                           canyons and ~8q4o~qrds and Is usually covered
                       ~qm~gi~qa~qns with the following ~qt~4qy~0qp~0qi~qc~12qA str~08q@                                a distinct bi~qot~qs of microscopic a~qRi~6qMalL                           with as~6qmu~qtbl~qe~4qg~qe~qs ~4qq~2q( ~0qsp~qa~qn~00qp~q&~q'1~q1~q4~q4 ~8qf~6qW~qL
                       ve~qget~qa~qt~qio~qa~q:                                                          ~2qb~q4~2qd~qer~qia~q. and un~qi~qc~qallul~qa~qz algae along with                         bivalves. hard coral& I       t~0qm and ~qo~12q&~2qw
                       I. A~qr~qc~qd~qc~8q@B~qo~qr~qsal: Ely~2q=u~qs;                                             ~0qm~qicr~qo~qvic~qap~0qic crustaceans~q. m~qo~4ql~4ql~qu~qaks~q. ~6qw~qul                           a~qf~qt~qn~08qa~12qW or~0qg~qa~qni~qs~qt~qa~qns. A ~qs~8qh~qp~04qf~04qf~04qi~qc~qu~qr~qt f~qe~qet~qu~6qm Of
                       2~. No~qr~qt~4qh~qe~qa~qs~qt/~6qW~qe~qot~q: A~2qmm~qic~qip~8qh~0qi~8ql~qa~q.                                      worms with a d~qetr~qitu~qs-~8qb~qe~qs~qed a~qu~qtr~qi~2qm~qi ~qcY~04qd~q&                          ~qes~qb~qu~qir~0qi~qe~qs~0qin~8qa~2qm~qi p~6qw~2qf~2qt~qo~2qt~08q&~qo ~q-~q1~q1~q4~0q1~q8~q%~08qW
                       3. Southeast /Gulf: U~qniola~q; and                                      ~12qr~00qd~qs area ~qal~qs~qi~qc ~4qb~qu~qc~8ql~qud~qa~qs the drift~8ql~4qin~qe                             oyster met a type of
                       4. ~0qN~qUd~q-A~qA~8ql~qanti~qc/C~qu~8ql~8qA~q. Spa~qr~0qd~6qw paten&                                  communities found at high tide levels on the                      composed of ~qa~qs~qs~qa~6qmb          of ~0qW~0q9~q0~q21~q2~q1~q0~q1.~q1i
                       D. C~qo~qa~4qW~qa~8ql ~4qTa~qn~4qdr~qa~qr This ~6q=o~qf~qy I                    which               beach. T~2qh~qe ~2q&~q3~0qm~4qi~6qw~qnt ~qc~qr~00qP~qf~qt~0qk~qx~6q= b~qm this                               (usually b~0qlv~qal~qv~qe~qs~8q@ ~0qH ~0qj~qe~q.~qa~qs~qs~q&~36q4 ~8qJ~2q@~8qd ~qn~qe~qer an
                       Is ~8qf~qa~qcu~qad along the Arctic and ~4qD~qo~qr~qe~qal ~q0~q041~q4t~qs of                     ecosystem include crustaceans such as the ~q-                       ~qes~qtw~28qW~qs ~qi~qn~qou~qt~8qh in ~qas~qo~qn~q* of ~qs~qaad~qer~qst~qs wave
                       Nurth America. is ch~qa~qr~qa~qc~qt~8q-~qf~q2~qe~8qd ~8qb~0qy low                                mole crab (Em~qerit~24q4 ~qa~6qmPhi~0qP~qods.                                     action~q. ~qs~16qa content~q.
                       ~t~omp~qe~qr~qat~qu~2qm~qi~qL~qe~qa~8qh~qz~qir~qt~2qw~qo~q-~qt~qi s~qa~qA~qa~qon,~0q=d                                   ~4q(C~qa~6qmma~qr~0qid~qs~qo~4qL ~4qSh~qa~qs~qt crab* ~4q(Oc~0qy~4qpod~qe~8q@ and
                       souse p~qe~qr~2qm~qs~qif~qir~qo~8q" producing a low. tr~qe~qal~qs~6q"                           bivalve molluscs such as the co~qqu~0qi~6qm (D~qa~qf~qta~qx~4q)                      ~6qm~0qi~qc~qr~qO~qSC~qO~0qP~4qi~qc ~0qU~2qd ~qGt~qU~qM~20qW ~0qm~qa~qi~qc~qr~qo~qs~qc~qc~4qy~4ql~qc ~4qA~2qI~4qS~q%~q*~q'
                       mat community made up of ~0qr~0qA~0q"~qO~qL ~2ql~4qi~qc~2qi~ql~qd~4q"                               and ~qourf claw (Spisul~qs ~0qv~08qA ~04qW~qc~qt~6qm~8q@                                   such " kelp. my ~qal~qa~qa be found.
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                                      Federal Register / Vol. ~!~3~ No. 141 / Monday, ~1~~~~!~ ~~3~ 1~9~90                                                    Rules and Regu~la~t~ic~~s                                 29961

                      B. su~qbt~i~d~a~i                    Ma~qi~o~r                              sea and without significant f-~e~shwater                          barrier islands. broken at intervals by ~1p~p~1p~p~
                      c~arac~tens~t~ic~s of ~L~@~'~s ecosystem a~re an                           ~i~r~@~-~I~l~cw. Water c~i~q=~l~at~i~on i~s ~l~i~q=~--ed. re~su~ql~t~qm~a                  These bars mav be e~qw~ter deposited cf~f~s~no~r~e
                      unconsolidated layer of fine pa~:-~.c.~es of silt.                   ~L~n a poorly rushed. relatively stagnant body                    or may be c~oas~'ta~ql dunes that have become
                      sand. clay, and gravel. high `~- ~q-~'~-~c~g~.e~n sulfide                  ~of -A a~ie~r~. Sedimentation is rapid with a great                 isolated by recent sea level ~n3e~s.
                      levels. and a~naer~c~qbic c~o~r~:~d~@~i~@~o~n~s ~c~t~e~n                            potential for basin shoaling. ~qS`-c~cs a.~-e ~of~.~er.                4. 7~ec.~,~o~r~ic Estuary~: These are coastal
                      e~~~~%~r~i~g below ~Lh~e s~L~x~qfac~e. ~?~,~fa~c~7~::~;p~hy~-~,es a:e                  ge~n-~l~y s~:~o~p~t~:~-~,g and ma~n~h~y,                                     ~'~r~ic~i~e~rt~ure~s that have f~r~r~r~ed               ~-~.e~c~-~c~n~:~c
                      ~~ ~2~r ~s~c~a7~se or absent. a~l~t~qhc~-~-~g~qh a la~y~e~! ~Cf                      7. ~P~e~r~c.~-~ed C~oc~:~.~-~4qJ~- W~e~L`~c~.7~q2~;: ~U~:-~.~:~q~-~.~;e to                   ;-~ccesse~s such as sl~:p~pa~3e along a                     line
                      ~  ~c ~.~7~.~c~oa~@~-~Tae may be pre         ~-sent ~-~q1 ~7~;~2~?~i~t               ~P~ac~,~.~E~.~: ~is~i~qands. this w~,~?:~qi~a~n~qd -~,pe. found                     (San Francisco Say),              ~c:                   ~C~r
                         ~a7~@                -~,-~.e fa~-~-~i~n~a~ql                      ~:~s      a~'~-~-~c~,~;~e sea level in ~v~oi~c~a~.~-~.~-~,c ~c-~.~3~ter ~:e~r~q=~a~-~.~-~.3~.           `-e ear'
                                                                                                                                                              ~qh~'~3 be~0q&oc~k. often ~-~.~%~r~t~qh a ~l~a~r~;e ~_~n:~:o-
                                ~z~y a ~c~;~,~.~ers~e population of ~c~e~p~c~s~;~t                     ~qf~O~q=3 as a result of pcc~- ~qe~--a~i~n~a~ge
                                                                                                                                                        ~o~qf ~:eshwa~ter.
                                         p~c~'~,~@~c~q@~ae~t~es~. ~qb~@va~@~ves. a~n~qd                    c`~arac~te~r~ist~.cs of the c:a~-~.~er rather t~ra~n ~@-~I~o~m                5. ~V~o~qi~c~a~ric ~qE~s:~4c~,~-y~.~- -~qI~ql~ie~s~e coastal ~q@cd:~e~s
                               -~,~7~%~s~:~z~:~ea~n~s~.                                            s~e~c~-~i~qmentat~ion~. Floral assemblages e~x~h~i~c~n~i~t                     of open water. a result of vo~l~aa~n~!c processes,
                      C.                     T'~s system ~s ~qF~:~;~L~.~:~-~.d ~i~;~-~,               ~qd~i~s~-~,~:~nct zc~na~t~@~o~n w~i~n~i~le t~ne fa~i~;~:-.a~ql
                      ~~~~~::~,~.~-e~ly s~h~a~"~l~ow water (~I~e~s~5 than ~8 ~to 1~0                     c~c~n~s~t~"~uer~i~ts may ~L~-~ic~'-de ~qf~r~9s~q1~n~v~a:~e~:~.                          a:e depre~s ~s~i~ons or craters that ~@ a-. 2 ~A~-~i~r~ec~-
                                                                                                                                                        and/or subsurface cor~t~necticr~i~s w~;~-- ~-~.~@e
                      ~~~~e~r~s) below mean low t~4de. It is an area                of      brackish. an~qd~q!or ~r~ra~l~L~ne species. Example:                      ocean and may or may not have ~s~l~.~q@~q@a~ce
                      e~p~~~~1p~p~igh ~pr~-~.~,-.~2~ry p~rod~uc~t~on ~t~l~:~i~at                        A~L~@~r~iu~*u I~slard, A~ne~r~i~ca~a Samoa.                                cc~n~t~i~r~iu~ity with streams. These f~or~m~a~-~,~t~o~r~s
                      ~~~~~i~de~s I                                       ~o~qf
                              cod a~nd ~r~e~qf~t~i~2e for a d~iv.~r~s~i~ry                           8. A~.~,~:c~qh~a~qh~n~e ~qS~y~s~t~e~:~-~:~7~s: These small c~oas~-~al                   are L~q=ique to island areas of volcanic o~n~g~;n.
                      ~@~~~~a~ql ~q;~,~-~o~ups. especially ju~v~e~ru~l~l~e and adult                   e~@~@~p~osu~r~es of brackish water form in lava                       C. Inlet ~q7~)~-~p`~qe: ~I~r~qle~!~s in Va~ri~OL~S ~q!~o~r~T~s are' a~a
                      ~F~~s~h~. a~i~,~.d in some regions, manatees arid sea                   depressions or elevated fossil reefs. have                      i~n~te~;r~al part of ~the est~quar~t~ne en~v~i~:c~n~me~nt. as
                      t~~~~~~!es. Along the North Atlantic and Pacific                  only a subsurface cor~tnect~i~on to ~L~q@e ocean.                     t~l~-~ley regulate. to a certain extent. the velocity
                      coasts. the sea~grass Zostera marina                               b~ut show tidal fluctuations. ~qDiff~er~i~.-~I~g from.                  and magnitude o~qf tidal exchange. the degree'
                      ~~edo~ninate~s. In the South Atlantic and ~qGu~qLf                      ~L-~~;e estuaries in having no surface continuity                 of ~=~L~-in~qg~. a~nd volume of discharge to t~h~-e sea.
                      coast areas. Thalassia and Dipla~nthera                            v~.-~qh Weems or ocean. th~@~il System i~s                            ~qT~qh~, ere are four major types of inlets:                :
                      predominate. The grasses in both areas                            characterized by a distinct biotic c~o~r~ru~nu~ruty                  i. Unrestricted An estuary with a wide
                      support a number of epiphytic organisms.                          dominated by benth~qic algae such a~s                              unrestricted inlet typically has slow currents.
                                                                                        Rhi~z~o~r-~qlo~nium. t~qh~e mineral en~c~qm3tin~qg                     .                                        ad receive the full
                      Class ~q1~q1-P~qhysical Characteristics                                 S~c~qh~qiz~o~thrix. and the vascular plant Rup~qp~i~a                      no significant turbulence, ~&
                      Group ~q1~-~-~0qGeo~qlog~ic                                                 mariti~qma. Characteristic fauna. which exhibit                   effect of ocean waves and local disturbances
                      A. Basin T~q@y~pe: Coastal water basins occur                        a high degree of endemicity. include the                        which serve to modify the shoreline. These
                      in a variety of shapes. sizes. depths. and                        mollusks The~odo~xus ~ne~q5~qle~ctu~s and T~.                             estuaries are partially mixed. as the open
                      appearances. The eight basic types discussed                      Ca~r~i~O~i~IU~S, the small red shrimp Metab~etaeu~3                     mouth permits the incursion of marine waters
                      below will cover most of the ~ca~Se3.                               ~ql~o~qhe~n~a and H~alocar~idi~na rubr~a. and the fish                     to ~c~o~u~f~f~iderabl~e &stances upstream.
                      ~. Exposed Coast~: Solid rock forma t~ioa~s or                       Eleo~tr~is s~andw~ice~n~sis and Kuhil~a                                depending on the tidal amplitud~qi~an~qd stream
                      heavy sand deposits characterize exposed                          ~sandv~icen~sus. Although found throughout th~e                     ~qgradi~e~nL
                      ocean shore fronts. which are subject to the                      world. the hl~q3h islands of the Pacific am th~e                   ~7- ~qA~e~s~tr~qi~c~t~e& Restrictions of ~e~ft~na~rie~s can
                      full force Of Ocean storms. Ile sand beaches                      only areas within the U.S. where this system                    exist in many forms: here. barrier islands~.
                      are very resilient~. although the d~q=es lying                                                                                       spits. sills, and more. R~es~ui~ct~ed inlets r~e~ir~t~il~t
                                                                                        c~a~n be found.                                                   in decreased circulation~. more pronounced
                      just behind the beaches am ~qfr~e~6qVe and easily                       B. Basin Structure~: Estuary Basins ~qm~ay                          longitudinal and vertical salinity gradients.
                      damaged. The dunes serve as a sand storage                        result from the drowning of a river valley
                      a~e~n. making them chief stabilizers of the                        (coastal plains ~es~tua~qq~q@ The drowning of a                       and more rapid sedimentation. However. if
                      ocean ~sh~orefro~nt~.                                                 ~qg~ia~cial valley (~qn~ord~ql the occurrence of an                      the estuary mouth is restricted by
                      7- Sheltered Coast- Send or coral barr~qie~qn,                        offshore b~arr~ia~r~-~qC~qw-b~ounded estuary~q)~. Some                      depositional features or land closures, the
                      built up by natural forces. provide sheltered             ~.       tectonic process, (tectonic ~e~stuar~qy~q@ at                         incoming tide may be hold back until it
                      areas inside a bar or reel whom the                               volcanic activity (volcanic ~as~tuary~q@                            suddenly break* forth into the basin as a
                      ecosystem takes on many ~ch~ara~cterist~qi~qm of                                                                                         tidal ways. or bore. Such currents exert
                                                                                        ~-1. Coastal p~ql~a~qb~i~a ~e~s~tu~ar~ql~. Where a                                                               -a of the
                      c~n.f~qined water~s--~abu~ndan~t -~a~r~k~n~e grasses.                        drowned valley consists mainly         'of a ~s~qi~n~qg~ql~@             Profound effects an the n~atu~r
                      shellfish. and juvenile fish. W~at~qi~m movement                                                                                      substrate~. turbidity, and b~io~t~s of t~qh~e~*~es~h~u~k~qi~T~.
                                                                                        ~c~h~-nn~e~qL the form of the basin Is fairly                                                           t Wets ar~e usually
                      ~s reduced. with the ~qto~n~s~eq~uent effects of                        ~0qn~2qw~a~r. forming ~qi simple ~C~q@~qist~a~ql plains                             ~4qN~r~n~r~o~r~r~e~n~t; p~qa~r~r~ianen
                      pollution being m~q6~r~e~~s~e~ver~e In this area than                     ~r~l                                                                           ~qm~qd~qi~x~8q@    ~' of major riven a~nd
                                                                       ~.~t~q-~-             ~est~a~x~q9~r~. ~4q%~8qU~n a c~qha~ti~nsl Is flooded with                         ~OPP~(~*t~@ t~qh~e
                      in exposed coastal areas. -~ ~- ~-~-~- ~@~'- ~:~,--               I ~.                                                                     ~qP~O~2qR ~t rive~q; ~v~q;a~tu to flow into these&'
                                                                                        numerous t~ributa~r~qi~s~% an ~Irr~e~qvul~ar estuary
                      3~.~,~qR~o~y~. Bays a~r~e ~2qW~8qW ~qW~M~2qf~2qi~n~s~qd ~qb~o~qd~l_ of                      ~,       ~"~Mult~s~. Mary  ~ ~e~st~u~ari ~.as of the ~east~e~qm                -United ~qb~e~qd~ql~qi~2qA~qf~at~qi~q6~qi and deposition ar~qq ~m~i~a~l al.
                      water that am open to the "a a~n~qd ~r~e~c~a~ql~v~e                          States am of this type.                                            ~qy~qemp~o~r~a~r~qi~q(~0qn~i~t~a~rin~qit~t~qin~t)~. Temporary
                      strong tidal flow. When stratification is                                                                                         ~@~qU ~qa~r~g formed by storms a~nd ~qf~qi~vqu~ently
                                                                                                                    t f~qbr~q;~q@~m~-~qln ~e~qlo~n~qsa~t~*~8q4               ~qt~4qd    -        ~qd~a~qp~e~a~4q&~6q4            tidal flow. the
                      pronounced, the flushing ac~qt~o~n Is ~G~'~N~qg~zn~en~t~q@~qd                     z. Fjord~- Estuaries th~e                                         shift position.               an
                      by river discharge. Bays vary in ~4qd~qu ~a~nd ~qi~n                        steep headlands that alternate with deep U-                     depth of the s~e~e and sound waters. the
                      type of shore~qfro~nt.                                               shaped ~va~qll~r~4qo resulting ~qfro~u~l glacial scouring                  fr~eq~n~s~t~r~ic~y of storms, and t~qh~e amount Of
                      4. E~rbayme~n~t~: A confined coastal water                            are called ~qnord~s. They ~qS~e~n~er~s~q2y possess
                      body with narrow, ~r~qf~stri~c~t~0~qd Wets a~nd with                        rocky fl~o~a~r~e or very thin ~v~a~n~e~ar~s ~of sediment.                  ~ql~i~t~t~or~a~ql transport~.
                                                                                        with deposition generally being restricted to                   D. Bottom C~o~a~r~l~0qW~i~qf~qti~o~l~u~'Th~e bottom
                      a~~i~g-~u~qr~ica~nt~qEr~e~s~qhw~at~e~-~Lc~i~qfl~ow~c~a~nb~e                                the head where the main river enters.                           Composition Of estuaries ~&t~t~e~gt3 ~t~o ~t~qh~e
                      classified as an ~emb~aym~e~n~t. ~q7~qbe~s~e areas                           Compared to total fiord volume. river                           vigorous. rapid. and complex ~s~odim~ent~at~io~n
                      have more restricted Inlets than ~qb~ay~& an                          discharge is sma~ql~qL But many fjords have                         processes characteristic of Most ~C~-0~4~3~4qW
                      Usually smaller and ~s~6qW~o~v~e~s~s have low tidal                        I                                                               regions with low relief. Sediments -~0
                      action. and are subject ~t~0~*~6~9~qd~qi~qm~il~l~ut~ati~O~lL                       restricted tidal ran~se~s at their mouths. due to
                                                                                        ~.~q1 or upr~e~achins sections of the bottom                         derived through the hydrologic Processes Of
                      5~q. ~7~i~qd~qa~qlRiv~qe~r no lower reach Of ~4 coastal                         ~8; ~qI~s~-                                                                ~qn. transport and deposition Carried On
                      river is referred to as a tidal river. ~0qT~8qh~qe                        which limit fret movement of water, oft**                       ~qd~qr~qo~qs~l~qo
                      coastal water segment extends from the "a                         making river flow large with respect to the                     by the sea and the ~qs~qt~qma~qE~qL
                                                                       arm to           tidal pr~qis~qn~qL The deepest Portions aft in the                    ~qL Sand- Now estuary mouths. where the
                      or estuary into which the river d~0qi~q3~qc~4qh~.                            ~qpstr~qe~qam, r~qea~04q&~2qM where maximum depths                                     ~qi~qn~q,~00qf~00qt~4qS forces of the sea build spits ~qO~4qi
                      a point an far up~qs~qtrear~qn as there is significant                  ~qU~ql                                                              ~q0 of depositional ~2qf~qg~qsh~2qm~6qm the shot" and
                      salt content in the water. forming a salt fr~q*nL                   ~0q= range from S~6qW ~qm to 12~6qW m. while sill                                  ~qt~qe~qs of the ~qas~qtu~qa~qr~qy an sandy~q- T~0qh~qO
                                                                                        depths usually range from 40 ~2qM to ~q2~q5~q0 ~qM~q.                        ~qsub~qstr~qa,
                      A combination of tidal action and freshwater                      3. B~qa~qr-b~qou~qnd~qed~8qEs~qtu~qa~qr~00qr~q. These result from                        bottom sediment& in this area in ~qus~2q"~0qU~qY
                      Outflow makes tidal rivers well~q-flush~qtd. The                                                                                              with a graduation toward f~qi~qn~qor
                      Lid~qal ~qr~q'~q-ver basin may be a ~qs~qU~qnpl~qe channel or a                   the d~qev lopmen~qt of an offshore barrier. such                    coarse~q.                                     in the
                                              es, small associated                      as a be~2q:~qch strand. a line of barrier ~qls~4ql~qa~qn~12q&                     par~qt~qi~qc~08qUs ~0qJ~qA the bead of the estuary~q-
                      complex of ~qLribu~qtar~qi                                                                                                                                                    reduced flow,
                                                                       and a            reef formations. a line of moraine debris~q. or- ~q-                head region and other z~qon~qo~q$ of
                      emb~qay~2qm~qents m~qa~qmh~0qf~qr~qonts. tidal flats,                               the subsiding remnants of a deltaic lobe. TAG                   fine silty sands am deposit*& Sand
                      ~varie~qty of others.                                                basin is often partially exposed at low tide                    deposition occurs only in wider or deeper
                      ~q6. L~qa~qgoo~qt~qv Lagoons are coaf~ql~qned coastal                                                                                    ban or regions where velocity is reduced.
                      bo~4qd;e~qs of water with restricted inlets to ~qth~qe                     and is enclosed by a chain of offshore
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                  ~~3~qM              F~~d~w~l R~q*~~t~~ / Vol. ~55. No. 141 / Monday, July 23. 1990 / Rules and Regulations

                     ~A~f~ud~- At the b~a~q" level of a stream near            freshwater ~ir~qd~q!~w~x and a lack of ~rt~r~o~a~g tidal           respect to the soil. is subject to c~o~n~s~t~r~ie~r~sb~ie
                  ~~~ ~a~x~wth, the bottom is typically composed           ~exc~qh~a~n~t~-~le because of the typically narrow             ~qf~ql~uc~t~u~a~t~i~or~L
                  of loose muds, silt. arid ~0~1~1~a~r~t~i~c detritu~s as a      inlet connecting ~the lagoon to t~qhe ~se~e.                  b. ~G~r~ou~n~d~%~v~t~rte~i~r This is w~v~f~tr contained ~qm
                  result of erosion and transport from the tipper       Circulation~. whose major ~dr~i~v~u~r~i~g force is             ~the rocks below th~e water table. Is ~u~su~a~Uy of
                  s~"am reaches and o~r~ga~-~q= decomposition.                ~w~r~ind. is ~d~-~m major limiting 'actor in b~io~!~o~g~ical      mo~r~! ~un~iform volume than v~a~dose water. and
                  ~J~~W inside the estuary en~tr~a~nc~e~. the bottom           pr~oduc~tv~iry within lagoons.                            generally follows the ~t~o~po~gr~sp~h~@c re~Uef of the
                  cc,~n~:~a~i~q= c~ons~i~d~a~r~ab~i~a quantities of ∧ ~&~=~qd            B. Tides. This is the most ~L~r~m~p~~o~eant                land. being high below hills ~and~'~a~l~o~p~i~n~g into
                  mud. wt~iuc~h support a rich f~auru~i~t~. Mud flats.        ecological factor ~i~n an estuary. as it effects         valleys.
                  ~c~~r~r~-~n~a~n~iy ~0qh~i~i~i zip ~L~n estuarine basins. are         water exchange ~a~nd its vertical range
                  c~--posed of ~l~ic~se. coarse. and ~.~9~qme ~m~,~-~-~J ~&~rd        determines die extent of tidal flats which             Group ~q11~3~-~-~qc~qh~em~i~ca~ql
                  s~n~d. often div~i~qd~i~a~g the ~o~n~g~t~r~i~al c~qha~an~z~..            may be exposed and submerged with each                   A. Salinity- This reflects a complex ~qm~ix-~ar~e
                  3. ~qAoc~qi~r.~- Rocks usually occur ~Ln areas               tidal cycle. Tidal action against the volume ~of        of salts. ~t~qh~e Most abundant being sodium
                  where the stream runs rapidly over a steep            river water discharged into an es~tu~q&~-y results         chloride. and is a very critical factor in the
                  gradient with its coarse materials being              in a complex system whose p~i~m~pe~rt~ies vary              di3tri~qluti~on and mai~a~t~qm~a~nc~e of many
                  derived from the ~qW~qg~qher elevations where the           according to estuary structure as well as the          estuarine organisms Based an salinity, there
                  ~~~e~a~qm slope is greater. ~8qne larger fragments           magnitude of river now and ~qdd~al range. Tides           are two basic estuarine types and eight
                  ~:re usually found in shallow areas near the           are usually described in terms of their cycle          different salinity zones (expressed in parts
                  stream mouth.                                         and ~qd~i~ei~r relative heights. In the United              per thous~an~qd-ppt~q).
                  4. ~0qOy~s~t~-~e~r shell.- Throughout a major portion         States. tide height is reckoned on the basis of          1. Po~it~qi~!~iv~e ~a~stua~rr. This is an estuary in
                  of ~t~qh~x world. the oyster reef is ~or~* of the           average low tide. which is ~Ir~eferred to as             which the ~qAr~eshw~a~ter influx is sufficient to
                  most significant features of estuaries. Usually       da~t~u~r~n. The tides. although complex. falls into        maintain -Was resulting in a pattern of
                  being found near the mouth of the estuary i~a          three main c~a~te      ~' ~:                               increasing ~s~a~qf~qt~i~s~ity toward t~qh~e estuary mouth.
                  ~~ zone ~o~qf moderate wave action. salt content.          ~i. Di~ur~qml.      ~' refers to a daily change ~qi~n
                  ~~d turbidity. It Is often a major factor in          water ~qk~r~v~e~ql that can be observed ~I~tIo~0qn the             It is characterized by low oxygen
                  modifying estuarine current systems and               shoreline. There is o~n~e high tide and one low          concentration In the ~qd~e~q~qw waters a~n~qd
                  sedimentation. and may occur as an                    tide per day.                                          considerable organic content in bottom
                  elongated is~qL~and or peninsula oriented across           2~. S~a~qm~qi~4qau~r~n~i~s~qh This refers to a twice daily          sediments.
                  the main current. or may develop p~ar~a~qf~qfel to          rise and fall t~n water that ~c~a~n be observed              ~qL Negative~, ~ar~t~u~a~rr This Is ~qf~o~u~n ~I~n
                  the direction ~of the current.                         along ~qew ~s~qh~o~re~qt~qi~n~e.                                    p~ar~qf~qi~c~u~qL~ar~qty a~nd regime. where estuary
                  Croup II~q-~qHy~qd~r~o~grap~qh~qic                                   ~& W~qi~m~qd~qlS~l~o~r~qm r~qA~8q*~r This refers to                     evaporation may exceed ~qfr~a~s~qh~qw~a~t~ar billow,
                  A. C~qi~r~c~u~qi~c~i~t~i~o~n~: Qrcu~qL~at~l~a~i~a patterns are ~th~e         ~qf~ql~u~c~qf~qt~a      In water elevation to wind and            ~r~a~m~utt~i~ng in ~qb~acr~e~a~sed ~sa~ql~qk~a~dty In ~qd~qw
                  result of the combined ~qh~8qOue~nc~es of                    storm events, where influence of l~im tides             part of the ~qb~a~s~i~b~e. ~e~spe~c~ia~qf~ql~qy If the ~as~2q=
                  freshwater flow. tidal action. wind and               is less.                                               mouth is restricted so ~1~qha~t I" 1~q5o~qW Is
                  oceanic forces~. ~d~a~i~qd ~s~e~rv~i~e -~ny f~a~nc~t~ql~i~o~ns:             ~qC. Freshwater According to nearly an the             ~qI~nh~qib~i~8q" Tassel am ~ty~p~qic~s:~q117 very ~v~a~ql~ly
                  ~u~t~i~qm~int transport plankton ~qdi~sp~er~sa~qL                 d~e~8qf~8qt~qd~o~qw advanced. it is inherent that all              ~q(~qh~qy~qp~i~e~r~qha~qll~n~e~q)~, mod.. t~e~qly oxygenated at
                  ecosystem flushing. salinity control~. W~a~ta~r           Militaries need freshwater. w~qh~0qk~ql~i ~qi~s d~l~iLi~c~ed          depth. and p~o~ss~qm b~ott~a~i~n s~ad~ql~i~zz~a~tr~ts ~qd~ist an
                  m~~d~x~k~4q& and more.                                      from the land and measurably dilates                   poor In organic content.
                  1. S~t~qm~o~qf~t~ed~- This is typical ~af estuaries             seawater is create a brackish c~o~n~qd~qI~t~h~qm                   ~& Salinity ~s~o~n~e~s~ [expressed Lit ~qAp~4qO
                  with a strong freshwater influx and is                Freshwater enter$ an estuary as runoff ~qh~V~i~n              a. Hy~qp~erh~all~o~o-~qgr~e~at~e~r ~Ih~a~n ~40 ppL
                  commonly found in bay* ~qt~orm~ad from                    the ~8qU~nd either from it surface ~a~nd~q/~v~ir                   ~qb~. ~qZ~u~qha~qll~n~o~-~q@ ppt to 30 pp~t~.
                  "drowned" river valleys. ~qnor~qd~s. and other             subsurface sou~r~v~e.                                       c. ~8qW~yn~h-~1~1r~i~s: 30 ~qppt to 0~,~5 ~qp~pL
                  deep ~qh~a~s~in- Th~er~s~t is a net ~qm~ov~em~ant of               ~'-~L ~qSw~qf~b~i~sr ~3~v~a~t~e~r ~q7~q%~qi~s~'~qIs w~a~6~e~ir ~qa~r~w~qt~n~qg over            ~q11~q) ~4qM~4qh                       ~i~qhan'3~q0 ~qp~qp~t but
                  freshwater outward at the top layer and               the ~qW       ~qb~a~*~l~qh~q@ ~8q%r~qm of ~str~e~q- I                      Ins than the ~a~qd~qj~ac~a~ut ~su~qb~al~ql~z~i~a s~o~q&
                  saltwater at ~t~qh~e ~qb~ot~!om lay-= resulting in a          variation ~qb~z~'~8qK~qm~o~2qf~2qf Is d~qe~qp~qa~rde~n~t ~4qV~qW~1~q1~t~v                   (2~q] ~qF~o~ql~qly~qb~e~ql~l~a~w-~qW p~qpt to ~1~3 ~qP~qp~L
                                                                                             ~-       ~-~-~2 ~ii~-~A~i~rb~8qM~i~t~y~ql
                  net outward transport of surfs," ~o~r~qg~ar~tism~s           nature ~0~q1~4~q1~qw~qi~m~8qo
                  a ad net inward tr~a~qmp~a~n ~of bottom                     degree of ~qi~qw~qT~a~i~:~qi~, I     ~'~V~e~qg~a~2qW~o~r~6qW ~t~0qM ~a~n~qd                ~q(4) ~8qO~qU~4qp~6q"~qI~n~8q" pp~t to U ~qD~qP~L
                                                                        development load           tic ~c~o~nd~0qM~o~qm and               d. ~qL~qb~qm~w~0qf~0qt ~qL~es~s~ than~ ~4qU PPL
                  ~~~ld~n~qi~A~qms~. ~. ~- ~- I.    ~- ~.~.~"~*     ~~.             I I                                                                                     to
                  ~2. A~r~o~n-s~tr~a~t~iT~l~ed~- ~qE~gt~qii~qa~qHes ~af this type am       ~n~qi~o~qb~qm~l~qi 111~1~q1~1~111~q1      r~v~qf ~6q*~0qk~q)~qp~-~4qf~4qt~6qW~q=~-                   ~--~qJ~qL~-pH~qP~W~qg1z~m~qi~q1~q2~4q&~0qb~h~-4 ~a~qd~q"~Ci~qft~qb~d
                                                                                   ~'~6q*~C~o
                  found where water movement Is sluggish and              L ~8q&~6q6~w~&~v                ~qT~qh~qi~s~qt        to ~t~qh~e~-          mineral r~qich~n~e~q" of ~m~a~j~a~sz~qL~qW -am         a~n~qd
                                                                                      that ~qh~qs~qe _ ~qs~i~qb~e~a~r~qb~e~qd ~q1~0q4 ~th~e              ~qt~n~t~o ~q&~r~W ~6q"~0q&~6qr
                  flushing rate Is low, although then may be                                                                                     a
                  sufficient circulation to ~qp~r~ov~4qW~e the b~qu~qi~s for         ~s~o~qg arid ~st~o~e     b~el~qa~v~qi~'~8q&~*~'~qi~q@~r~qf~i~4qI                       1. Acid: W~al~i~ar~e with a pH of less 1~1h~an ~&~qL
                  a hi~qS~qh carrying capacity. This is cc-on to            distribution of s~ub~s~t~ir~qf~ac~l~qi w~q~ d~ep~e~n art'             - ~L C~qk~c~m                                    a PH
                  shallow emb~oym~ent~s ~4q" bays lacking a                   k~qw~2qd ~6qd~qi~qma to. ~t~op~o~qg~i ~l~qi~p~qh~y~. and the p~ar~o~a~qf~qty            ra~n~qs~o~l~p tram ~s~i~-to ~qm
                  good supply of freshwater from land                   end; ~'~qm ~2qU~qi~t~qyc~i~qf~t~qb~ou~nd~a~qdy~qi~n~qg~s~a~qil~s and                     & Alkaline~: We ~t~er~s with a PH ~q!~N~a~t~g~q! ~t~qh~e~n
                  drainage.                                             rocks~. ~qT~qb~ar~a ~s~z~o two ~a~s~qin ~v~ib~t~qYp~o~i~s of
                  3. ~qL~a~go~on~a~ql.- An estuary of this ~t~q3~0qw Is               surface water~.                                                     -~1~q0~1~1 ~4qr~qJ~e~qd ~7~-~2~0-~4qf~4qt ~0qW am]
                  characterized by low rates of water                   ~Y~e~.~-~qV~a~qd~e~qf~qf ~v~i~e~r~8qT~a~ql~s to ~qw~a~t~q" in the son                 ~qI~4qm ~qD~q= all
                  movement ~r~e~su~ql~f~i~n~qS from a I~&~2qA of ~s~2qW~ri~qll                   ~T~qv                                 ~qw~2qf~2qt             ~O~L~L~qM ~0~0~0111~1 ~1~4~1~6~.~41111,11111~
                                                                    ~q@~smt ab~e ~qt~qh~i~a  ~qw~ert~qe r table. Its ~r~Q~qk~0q=~qs










                                                                    u~.S. GOVERNMENT PRINTING OFFICE: 1993 - 3 4 1 8 3 4    8 3 0 7 6
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