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








                                          DELAWARE
                                          NATIONAL ESTUARINE
                                          RESEARCH RESERVE

                                          Draft Environmental
                                          Impact Statement/
                                          Draft Management Plan







                                          U.S. DEPARTMENT OF COMMERCE
                                          National Oceanic and Atmospheric Administration
                                          National Ocean Service
                                          Office of Ocean and Coastal Resource Management
                                          Sanctuaries and Reserves Division
                                          Washington, D.C.



          GC
          1,021                           State of Delaware
          D3                              Department of Natural Resources and Environmental Control
          L155
          1991                            Office of the Secretary
                                          Dover, Delaware
                                =00

















                                       UNITED STATES


                                  DEPARTMENT OF COMMERCE




                          DRAFT ENVIRONMENTAL IMPACT STATEMENT


                                            AND


                                   DRAFT MANAGEMENT PLAN




                      DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE







                                         JULY 1991












                                       Prepared by:

                                U.S. Department of Commerce
                            National oceanic and Atmospheric
                                      Administration
                                  National Ocean Service
                                1825 Connecticut Avenue, NW
                                    Washington DC 20235

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









             DESIGNATION: Draft Environmental Impact Statement

             TITLE:  Proposed designation of the Delaware National Estuarine
             Research Reserve and preparation of a draft management plan.

             ABSTRACT: The State of Delaware has proposed designation of two
             sites (St. Jones River and Blackbird Creek) to form a multiple
             component Delaware National Estuarine Research Reserve totaling
             approximately 4000 acres of land and water.

             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 development and 30 percent state
             match for 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 the preparation
             of a final management plan for the Delaware National Estuarine
             Research Reserve.


             Approval of this proposal would allow for the establishment of a
             two component estuarine reserve in Delaware representing the
             Middle Atlantic Subregion of the Virginian Biogeographic Region.
             The proposed multi-component reserve would be used primarily for
             education and research purposes, particularly as a tool for
             improving coastal decision making. No new regulations have been
             proposed pursuant to this action. Traditional uses within the
             boundary will continue to be regulated by existing local and
             state laws and site owner policies. The educational programs will
             increase public awareness of estuarine resources and their
             importance. The research plan will establish a baseline
             monitoring program for the estuarine areas represented by the
             components, and encourage research projects consistent with the
             reserve's role as a protected natural field laboratory.

             Submit any written comments to the contact identified below.


             APPLICANT:   State of Delaware, Department of Natural Resources
             and Environmental Control, Office of the Secretary, Management
             and Operations.

             LEAD AGENCY: U.S. Department of Commerce, National Oceanic and
             Atmospheric Administration, Office of Ocean and Coastal Resource
             Management.

             CONTACT: Joseph Uravitch
                  Chief, Sanctuaries and Reserves Division
                  Office of Ocean and Coastal Resource Management
                  National Oceanic and Atmospheric Administration
                  1825 Connecticut Avenue, N.W., Suite 714
                  Washington, D.C. 20235









                                               TABLE OF CONTENTS


                               DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE


                            Title page
                            Abstract
                            Table of Contents      .......................         i
                            List of Figures      .........................       iv
                            List of Tables     ..........................        iv
                            Abbreviation and Acronyms        ...............      V
                            Executive Summary      .......................       vi         Page
                     I. PURPOSE OF AND NEED FOR ACTION         ........................        1
                        A. THE NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM               ....   1
                        B. THE PROPOSED NERRS PROGRAM IN DELAWARE            ............      4
                   II.  PREFERRED ALTERNATIVE      .............   o ...................       6
                   III. MANAGEMENT PLAN PURPOSES       ..............................          7
                   IV.  OBJECTIVES AND GOALS       ..................................          7
                     V. RELATIONSHIP OF DNERR COMPONENTS         ......................       11
                        A. REGIONAL CONTEXT       ................................        o.  11
                        B. RELATIONSHIP TO OTHER COASTAL PROGRAMS            ............     12
                        C. RELATIONSHIP TO SERRS         .............................        12
                   VI.  MANAGEMENT ISSUES      .....................................          14
                   VII. MANAGEMENT STRATEGY      .............   o.......  o .............    16
                 VIII.  BOUNDARIES AND ACQUISITION PLAN          .......................      25
                        A. KEY ECOLOGICAL AREAS        .......................     o ......   25
                        B. PRIORITY ACQUISITIONS         ..................    o ..........   25
                             1.   Lower St. Jones     ..........................      oo  ... 25
                                  a. Core Areas     .................................         31
                                  b. Buffer Areas     ....................     o ..........   32
                                  c. ownership and acreage       ......................       32
                                  d. Market values     ..............................         32
                             2.   Upper Blackbird     .............................       o.  32
                                  a. Core Areas     .................................         39
                                  b. Buffer Areas     ...... o ........................       39
                                  c. Market values     ..............................         39
                        C.   STRATEGIES FOR ACQUISITION        ........................       39
                             1.   Fee-simple    ........................     ............     39
                             2.   Conservation easement       ..........................      39
                             3.   Memorandum of understanding         ...................     40
                             4.   Long-term Leases    ...............................         40
                             5.   Alternatives     ..................................         40
                             6.   Donations     .....................................         40
                        D.   SCHEDULE     ..........................................          40
                   IX. PUBLIC ACCESS PLAN        ....................................         41
                        A.   POLICY    ............................................           41
                        B.   SPECIFIC.COMPONENT ACCESS        .........................       41
                             1.   Public    Visitation   .............................        41
                             2.   Group Use     .....................................         42
                             3.   Access for boat or canoe launching         ............     42
                             4.   Fishing, Hunting and Trapping         .................     42
                             5.   Other Uses     ....................................         42
                     X. ADMINISTRATION PLAN       ...................................         43
                        A. ADMINISTRATIVE AUTHORITY          ..........................       43
                        B. STAFF ROLES       .......................................          43


                                                          i







                         1. Administration       ................................       43
                         2. Research    ........                    ................    49
                         3. Education/Interpretation         ......................     49
                         4. Surveillance and Enforcement         ..................     50
                   C.    ADVISORY COMMITTEE STRUCTURE AND RESPONSIBILITIES .            50
                         1. Oversite Committee       ............................       150
                         2. Scientific/Technical Advisory Committee           .......   52
                         3. Education/Interpretation Advisory Committee             ... 52
                         4. Landowner Associations        ........................      53
                   D.    FEDERAL GOVERNMENT - NOAA REVIEW        ..................     53
              XI. ENVIRONMENTAL RESEARCH AND MONITORING PLAN             ............   55
                   A. GOALS OF ENVIRONMENTAL RESEARCH AND MONITORING            .....   55
                   B. RESEARCH TOPICS AND PRIORITIES           ....................     57
                         1.  NERRS National Research Priorities          ............   57
                             a. Initial Baseline Surveys        ...................     58
                             b. Environmental Monitoring        ...................     58
                         2.  Special Studies      ...............................       59
                             a. Habitat Manipulations        ..............   .......   59
                             b. Cultural Resources       .........................      60
                         3.  DNERR Research Priorities        .....................     60
                   C.    DNERR POLICIES AND PROCEDURES FOR RESEARCH           ........  63
                         1. Procedures for NOAA-funded DNERR Research           .....   65
                         2. Procedures for State-funded DNERR Research            ....  66
                         3.  Procedures for DNERR Research (funded by sources
                             other than NOAA or the State)         .................    67
                   D.    MONITORING PROGRAM     ................................        67
                         1'. NOAA Phased-Monitoring Program         ................    '67
                         2.  Recruitment for DNERR Research Programs          .......   68
                         3.  Off-Reserve Research Projects         .................    68
                         4.  Coordination of Research Efforts         ..............    69
                             a. Coordination Between DNERR Components           ......  69
                             b. Coordination with the NERR System          ..........   69
                             c. coordination With other Coastal/Estuarine
                                 Research Programs      ..........................      70
                         5. Information Dissemination         .....................     72
             XII. RESOURCE PROTECTION AND RESTORATION PLAN            ..............    73
                   A.    GOALS   .............................................          73
                   B.    POLICIES AND PROCEDURES      ...........................       74
                         1. General Policies       ..............................       74
                         2. Restoration/Habitat Manipulation Policy           .......   76
                   C.    STATE AND LOCAL REGULATIONS AFFECTING THE DNERR           ...  79
            XIII. EDUCATION/INTERPRETATION PLAN          .........................      83
                   A.    GOALS OF THE EDUCATION/INTERPRETATION PROGRAM          .....   83
                   B.    FRAMEWORK OF EDUCATION PROGRAMS        ...................     84
                   C.    TYPES OF PROGRAMS     .................................        85
                         1.  Activities     ....................................        85
                         2.  Exhibits    ......................................         87
                         3.  Trails    ........................................         88
                         4.  Individual Components       .........................      88
                             a. St. Jones Component       ........................      88
                             b. Blackbird Component       ........................      89
                         5.  Themes                                                     89
                         6.  Coordination     ..................................        89
                             a. Coordination of DNERR        ......................     89
                             b. coordination with the NERR System          ..........   89
                             c. Coordination with other educational programs            89
             XIV. VOLUNTEER PLAN       ........................................         91


                                                   ii







                  XV. FACILITIES DEVELOPMENT PLAN          ...........................       92
                       A.   CURRENT FACILITIES       ................................        92
                       B.   PLANNING AND DEVELOPMENT FOR FUTURE FACILITIES             ....  92
                            1. Site Needs       ....................................         92
                            2. Costs     ...............................                    105
                            3. Environmental Assessment and Engineering
                                    Report   ......................................         106
                       C.   SCHEDULE FOR CAPITAL IMPROVEMENTS          .................    106
                       D.   MAINTENANCE    .......................................          107
                  XVI. OTHER ALTERNATIVES CONSIDERED         .........................      log
                       A.   NO ACTION ALTERNATIVE       .............................       log
                       B.   ALTERNATIVE SITES      .................................        log
                       C.   ALTERNATIVE BOUNDARIES        ............................      log
                       D.   ALTERNATIVE MANAGEMENT STRATEGIES          .................    log
                       E.   ALTERNATIVE FACILITY LOCATIONS         ....................     log
                 XVII. AFFECTED ENVIRONMENT      ..................................         110
                           LOWER ST. JONES RIVER       ..............................       110
                       A.   ST.  JONES COMPONENT PHYSICAL ENVIRONMENT           ..........  110
                            1.   Climate   .......................................          110
                            2.   Hydrology    .....................................         11o
                            3.   Geology   .......................................          ill
                            4.   Topography     ....................................        112
                       B.   ST.  JONES COMPONENT BIOLOGICAL ENVIRONMENT           ........  112
                            1.   Flora   .........................................          112
                            2.   Fauna   .........................................          113
                       C.   ST.  JONES CULTURAL AND HISTORICAL RESOURCES           .......  115
                       D.   ST.  JONES ZONING AND LAND USE        .....................     120
                           UPPER BLACKBIRD CREEK       ..............................       122
                       A.   BLACKBIRD COMPONENT PHYSICAL ENVIRONMENT            ..........  122
                            1. Climate     .......................................          122
                            2. Hydrology      .....................................         122
                            3.   Geology   .......................................          122
                            4.   Topography     ....................................        123
                       B.   BLACKBIRD    COMPONENT BIOLOGICAL ENVIRONMENT         ........  123
                            1. Flora     .........................................          123
                            2. Fauna     .........................................          124
                       C.   BLACKBIRD    PREHISTORIC AND HISTORIC RESOURCES         ......  126
                       D.   BLACKBIRD    ZONING AND LAND USE      .....................     130
               XVIII.  ENVIRONMENTAL     CONSEQUENCES OF PROPOSED ACTION         .........  133
                  XIX. kCKNOWLEDGEMENTS      ......................................         139
                       A. DNERR WORKING COMMITTEE          ...........................      139
                       B. SUPPORT SERVICES       ..................................         139
                       C.   CONSERVATION DISTRICT ASSISTANCE         ..................     139
                       D.   DNERR ADVISORY COMMITTEE MEMBERS         ..................     140
                   XX. DISTRBUTION LIST OF DEIS/DMP         ..........................      141
                  XXI. BIBLIOGRAPHY     ..........................................          145
                 XXII. BASE RESOURCE INFORMATION        .............................       150
                       A. PLANT SPECIES LISTS         ...............................       150
                            1. St. Jones River        ...............................       150
                            2. Blackbird Creek        ...............................       151
                       B.   FISH AND WILDLIFE       .................................       154
               XXIII.  APPENDICES     ............................................          162
                       A.   BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY            .........  163
                       B.   MEMORANDUM OF UNDERSTANDING         .......................     165
                       C.   DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY             ... 171
                       D.   NERRS REGULATIONS       .................................       173
                       E.   FISH AND WILDLIFE MANAGEMENT PLAN          .................








                                    LIST QF FIGURES



                                                                             Page

          Figure 1.   Map of the designated Reserves of the National
                      Estuarine Research Reserve System.                        2
          Figure 2.   General location of the proposed Lower St. Jones
                      River DNERR component, in east-central Kent County.     27
          Figure 3.   Proposed area and boundaries of the Lower St.
                      Jones River DNERR component.                            28
          Figure 4.   Property ownership within the Lower St. Jones River
                      DNERR component (corresponds with Table 1).             30
          Figure 5.   General location of the proposed Upper Blackbird
                      Creek DNERR component, in southeastern New Castle
                      County.                                                 33
          Figure 6.   Proposed area and boundaries of the Upper Blackbird
                      Creek DNERR component.                                  34
          Figure 7.   Property ownership within the Upper Blackbird DNERR
                      component (corresponds with Table 2, Parts A and B)     38
          Figures 8-  DNERR Education and Research Center - Two alterna-
                   13 tive conceptual plans.                                  98-
          Figure 14.  Wetlands classifications within the Lower St. Jones    103
                      River DNERR component, from the USFWS's National
                      Wetlands Inventory.                                    113
          Figure 15.  Historical and cultural characteristics of the
                      Lower St. Jones River DNERR component.                 117
          Figure 16.  Land use zoning within the Lower St. Jones River
                      DNERR component.                                       121
          Figure 17.  Wetlands classification within the Upper Blackbird
                      Creek DNERR component, from the USFWS's National
                      Wetlands Inventory.                                    125
          Figure 18.  Historical and cultural characteristics of the
                      Upper Blackbird Creek DNERR component.                 128
          Figure 19.  Land use and zoning within the Upper Blackbird
                      Creek DNERR component.                                 131




                                       LIï¿½T OF TABLES

                                                                             Page


          Table 1.  Land ownership in proposed Lower       St. Jones River
                    DNERR component (East Dover, South Murderkill, and
                    North Murderkill Hundreds).                               29
          Table 2.  Land ownership in proposed upper Blackbird Creek
                    DNERR component.
                    A) Blackbird Hundred                                      36
                    B) Appoquinimink Hundred                                  37




                                             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
              DACD      Delaware Association of Conservation Districts
              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
              DRBC      Delaware River Basin Commission
              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
              UofD      University of Delaware
              USFWS     U.S. Fish and Wildlife service, Department of Interior

























                                                 v








                   DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE

                             DRAFT MANAGEMENT PLAN AND


                       DRAFT ENVIRONMENTAL IMPACT STATEMENT



                                 EXECUTIVE SUMMARY



              Section 315 of the Federal Coastal Zone Management Act of
         1972 established the National Estuarine Research Reserve System
         (NERRS) , originally called the National Estuarine Sanctuary
         Program, as a state/federal cooperative venture. Federal matching
         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 operational grants are available at the
         ratio of 70% federal and 30% state. In addition, competitive
         funding for research and education projects is 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 Cod, excluding the Chesapeake
         Bay) sub-region of the Virginian biogeographic region.

              Governor Michael N. Castle nominated 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 recommended that
         the sites be managed 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 is only 6 miles from the State capitol of Dover 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



                                         vi






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

                 Boundaries for the proposed DNERR will encompass key land
             and water areas (or "core area") and a buffer area. The proposed
             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 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 proposed DNERR is to establish and manage
             the Reserve as natural field laboratories and to develop a
             coordinated program of research and education for the Reserve.
             Under the preferred alternative, 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.

                 Proposed Reserve staff will include a program manager, an
             estuarine educator, a coastal program specialist, 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 the Center will
             have dedicated DNERR assignments that compliment their regular
             duties including a research coordinator, education coordinator,
             volunteer coordinator, a resource protection specialist, cultural
             preservation specialist, folklorist, aquatic coordinator and
             others, especially visiting researchers.

                 There will be a major committee composed ot 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 will
             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 for visitors to the
         Reserve.

              In addition to the preferred alternative, other alternatives
         are discussed, including no action, alternative sites,
         alternative boundaries, alternative management strategies, and
         alternative locations for the proposed DNERR Center.

              Under the no action alternative, the Delaware NERR
         designation would not be pursued. The St. Jones River and
         Blackbird Creek sites are still listed in the Delaware state-wide
         land protection program, however other funding and management
         approaches would have to be devised to protect the current values
         of these estuarine sites.

              Several other sites were considered, however these were
         rejected in favor of the proposed DNERR St. Jones River and
         Blackbird Creek sites because of their representative ecological
         diversity of the Middle Atlantic region, compatible land uses in
         the buffer areas, and the willingness of the private landowners
         to participate in the development of the DNERR.

              Alternative management plan options were considered,
         including establishing management of the Reserve within one of
         the Divisions of DNREC. The uniqueness of the proposed DNERR
         requires management responsibilities of the Divisions of Fish and
         Wildlife, Parks and Recreation, soil and Water Conservation, and
         Water Resources within DNREC. Therefore it is logical for DNREC
         Department Management to be the lead agency that will coordinate
         with its Divisions, the Department of State,'s Division of
         Historical and Cultural Affairs and the many other agencies    and
         organizations that will be involved with the operations of     the
         Reserve.


              The location of the Education and Research Center         was
         another alternative considered. The St. Jones River site is    the
         preferred location due to its proximity to DNREC Headquarters  and
         other support group offices and facilities.

              valuable natural and cultural resources will be protected
         for long-term research and education by designation and
         implementation of the Management Plan. Natural resources affected
         by the proposed action 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 proposed 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 proposed Reserve include commercial
         and recreational fishing, shellf ishing, hunting, trapping,
         wildlife observation, boating, agriculture, and forestry. The



                                        viii







             designation of the DNERR will 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 environmental consequences of the proposed action are
             positive. The primary impacts will be long-term protection of
             both natural and cultural resources, the construction of an
             Education and Research Center, and increased, however controlled,
             public access. The siting of the Center may require mitigation of
             impacted cultural resources, however no other resource will be
             irreversibly or irretrievably lost. These special estuarine
             resources will be provided with long-term protection and will
             serve both now and in the future as sites for important estuarine
             education and research.

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





































                                             ix












             I. PURPOSE OF AND NEED FOR ACTION


                 The intent of this document is to establish a management
             plan for the proposed Delaware Estuarine Research Reserve (DNERR)
             that is agreeable to the landowners of the components, 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 Mid-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 proposed Delaware Estuarine Research Reserve will be 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.

                 At the present time, 19 NERR Systems have been designated
             across the country (Fig. 1). Designated Reserves are:

             Reserve                            Biogeographic Classification

             Wells                                   Acadian
             York County, Maine

             Great Bay                               Acadian
             Great Bay, New Hampshire

             Waquoit Bay                             Virginian
             Mashpee and Falmouth, Massachusetts


                                        I









                                                                       FIGURE 1

       4/90
                              The National Estuarine Reserve
                                                    Research System
                              Padilla Bay
                                                                                                                             5,51
                                                                                                              St. Lawrence
                                                                                                              ]liver Basin         yells
                                                                                                                            .... Great Bay
               South Slough                                                                                                       Waquoit Bay
                                                                                                                                 Narragansett Bay
                                                                                      01
                                                                                                                            Delaware
                                                                                                                                 apeake Bay. MI)
                                                                                                                             Clics,
         San Francisco Buy
                                                                                                                           Chesapeake Bay, VA
              Elkhorn Slough
                                                                                                                               -th Carolina
                                                                                                                           Nui

                                                                                                                         North Inlet
                                                                                                               ......        Basin
                                                                                                                      ACE
                                                                                                       'i NK;
                       Tijuana Riv r
                                                                                                                    Sapclo Island


                                                                                                            Ap-        a
              Waimunti                                                                              C  ks
              Valley, H I                                                                                                East Florida
                                                                                                    Bay
                                         Proposed
                                                                                                       Rookery   ay
                                     0   Designated                                                                 Ole        Jobos Bay, PR



        National Oceanic and Atmospheric Administration
        'Sanctuaries and Reserves Division
        Wrice of Occan and Coastal Resource Management
        1825 Connecticut Avenue, NW
        Wushinglon, DC 20235 (202) 673-5120








             continue


             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

             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              Columbian
             South Slough
             Coos Bay, Oregon                         Columbian
             Padilla Bay
             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
             South Carolina, New York, Florida and California.




                                         3







              This draft management plan is consistent with the revised
         regulations for NERRS which were adopted July 1990. According to
         the regulations (15 CFR 921) , 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 designation 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 development and 30 percent state
         match for 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 the preparation
         of a final management plan for the Delaware National Estuarine
         Research Reserve.


              B. THE PROPOSED 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 Delaware, 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 2f 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-1980fs, 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 a pro-active 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 established 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 compliment 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 Delaware's Proposed NERRS Program

                  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 man-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 NEPA/EIS and Section 106 processes, the final
         phases of property acquisition, facilities development, and
         program implementation can begin.

              Any lands to be included in the DNERR will be done with 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 proposed 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 NOAA and the Federal guidelines.      The NOAA
         agency 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. PREFERRED ALTERNATIVE

              The action under consideration by NoAA is a proposal from
         the State of Delaware to establish a Delaware National Estuarine
         Research Reserve consisting of two sites located at the lower St.
         Jones River (including -a segment of the Delaware Bay and its
         shoreline) in Kent County, and the upper Blackbird Creek in New
         Castle County.
              The two component sites of the Delaware Bay estuary are on
         the Atlantic Coastal Plain in the Middle Atlantic Subregion of
         Virginian Biogeographic Region. The Middle Atlantic Subregion

                                    6







             extends from Sandy Hook (at the New York/New Jersey line) to Cape
             Hatteras ( at the Virginia/North Carolina line).


             Ill. MANAGEMENT PLAN PURPOSES



                  The purpose of the proposed Delaware National Estuarine
             Research Reserve is to establish and manage the areas within the
             boundaries as f ield 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
             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 proposed Reserve research and education plans        include
             information necessary for improved understanding, appreciation,
             and management of the Mid-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.


             IV. OBJECTIVES AND GOALS


                  The goals are long-term and somewhat open-ended, focusing on
             desired conditions rather than specific actions, whereas 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 Objectives
                  - Acquire and protect key land and water areas which
             approximate an entire ecological unit and comprise the research

                                          7






         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

              - 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 Objectives

              - 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;



                                    8







                    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
             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.


             Educati   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 Obiectives

                  - 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

                                        9






          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.


































                                     10











             V. 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 and Maryland had selected potential sites
             of the Sinepuxent and Chincoteague Bays. None of these sites have
             been designated.

                 As the focal component of the proposed DNERR, the Lower St.
             Jones River estuary has several attributes that are desirable for
             Regional representation :     1) good access and utility for
             environmental research and education; 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






         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 Phra mites 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 will be 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 new 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.

              C. RELATIONSHIP TO NERRS

              Delaware's proposal to establish an estuarine research
         reserve within the framework  of the National Estuarine Reserve
         Research System provides a    means of addressing environmental
         problems in the State's coastal waters, wetlands 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.



                                    12








                 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 intentions of the national program. Because DNREC's interest
            in estuarine management compliments 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
            grant work plans.








































                                        13










          VI. MANAGEMENT ISSUES

               There are issues pertinent to Delaware that are in and
          around the proposed 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

               - Core & Buffer areas delineations; Depends on desired
                 activities and NOAA restrictions per defined activity

               - 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




                                      14







                 - On-site vs. off-site program

                 - Representative of Middle Atlantic sub-region
                 - Need to develop 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
                   in Delaware

                 - Cultural resources; Cultural resources person needs to be
                   integrated with whole program

                 - Establish research, education, & cultural center

                 - Encourage environmental ethic among all estuary users

















                                       15










         VII. MANAGEMENT STRATEGY


         LOWER ST. JONES RIVER



         Research Values


              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
         Wildlife Areas, with much of the proposed DNERR component serving
         a control function. However, carefully planned and sited habitat
         manipulations would still occur in the proposed DNERR component
         on a limited scale for research purposes, or may have to be done
         to protect or conserve natural resources on the Reserve.         Such
         manipulations would have to be done in context of what areas
         might be designated core vs. buffer zones within the Reserve's
         boundaries.     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. 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 f rom 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


                                      16






             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 proposed 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
             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.

                 Researc h 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 Reservel'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, 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


                                        17






          the impacts of state - and-grave 1 excavation operations occurring
          in adjacent uplands; etc.   A pending $400,000 federal EPA grant
          to implement a non-point source sediment-and-po 1 lut ion 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 proposed DNERR research program would
          be the   establishment of support facilities on the Reserve
          component that would 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
          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 DNEPR
          program.

          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 -         I
          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 7,194 people from the period June, 1988


                                      18







             to June, 1989, including 95 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 proposed 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
             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.

                  As a DNERR component is established      along the Lower St.
             Jones River, plans would be developed for the construction of a
             major research/educational center. 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
             would 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 would be
             constructed.    A center would 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.

             Practical Management Considgrations

                  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


                                         19






          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.

               Mosquito Control

               Because of the Reserve component's proximity to Dover, 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 regular ly-f looded
          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 Division of Fish
          and Wildlife) with aerial ly-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 fringes.         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 creation, both within
          core and buffer zones.

               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 as the State's
          resources and landowner cooperation permit. The environmentally-
          compatible OMWM technique uses selective excavation of ponds and
          ditches to usurp ovipositioning sites and to increase larvivorous
          fish access.   In order to reduce the need to use insecticides,
          the State has included the lower St. Jones River basin for future
          consideration for OMWM implementation, just as has been planned
          for many other pest-problem production areas within Delaware's
          coastal marshes.   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 the marsh
          that were dewatered by the parallel-grid ditches.

               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 component, and at times they can be very
          annoying.   However, because of their localized distribution and
          short flights, they a 're.normally not controlled. This policy may
          have to be reexamined dependent upon the health problems that
          establishment and operation of a Reserve program may discover.
          The use of chemical, biological or mechanical control options
          will be carefully evaluated for efficiency and impact on non-
          target species. A baseline for initiation of control activities
          for non-culicid biting flies may be set based on research at the
          Reserve.



                                       20








                  Phragmites

                  The rapid spread of phragmites over many areas of Delaware's
             coastal wetlands has had a net detrimental impact on the quality
             and quantity of the marsh's resources.      While the extent of
             phragmites cover on the proposed Reserve component is not yet
             severe, there is the potential that this problem might someday
             need proactive 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 adjacent Ted Harvey
             Conservation Area had unacceptable phragmites incursions and were
             treated for marsh restoration. If phragmites control is required
             in order to achieve a balanced representative ecosystem, the
             State's control program, relying on selective application of
             glyphosate herbicide followed by prescribed burning, is an option
             for both core and buffer zones.


                  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,
             dominated 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.     The possibility for small boat
             access from the proposed DNERR facilities center an the River's
             north side east of Rt. 113, via a natural tributary running from
             the main channel to a new backmarsh landing, will be thoroughly
             considered. 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
             Riverts 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


                                        21







         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.



              UPPER BLACKBIRD CREEK



         Research Values

              The diversity of estuarine habitats found in Upper Blackbird
         Creek, and how they , dif f er f rom those f ound 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 proposed 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 proposed 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.

              At the present time, research support facilities at the
         Upper Blackbird Creek component are not being considered
         (although a modest educational/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
         Creek component primarily as a field 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,
         continuously-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) fdr motorized small boats.


         Education Values
              The Upper Blackbird Creek, located in southern New Castle

                                     22






             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
             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, should 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 proposed DNERR.




                                          23








         Practical Manacrement Considerations

              Traditional uses

              Several of the management considerations associated with the
         Lower St. Jones River component also apply to the Upper Blackbird
         Creek component, and are addressed in the Management Plan.       In
         particular, concerns with accommodation of waterfowl hunting and
         muskrat trapping are addressed.       Because of the components
         proximity to extensive phracjmites stands, a response plan to
         future unacceptable incursions within the component must be
         developed. Production of saltmarsh mosquitoes is not too much of
         a problem because of the brackish and freshwater habitats of
         upper Blackbird Creek; however, those mosquitoes that are
         produced can be locally annoying.       Other biting flies will
         occasionally be severe nuisances.

              Buffer

              The Upper Blackbird Creek component will be divided by
         Blackbird Creek running through the component's center (similar
         to the Lower St. Jones River component) .   Roads at both extreme
         ends of the Reserve, and another crossing about 2/3 of the way
         upstream in the Reserve, connects the opposite sides of
         component.   Because of the agricultural nature of most of the
         uplands surrounding the creek corridor and its emergent wetlands,
         upland buffer zones of satisfactory size should be able to be
         established.


              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.













                                    24












             XIII. BOUNDARIES AND ACQUISITION PLAN



                   A. KEY ECOLOGICAL AREAS

                   Boundaries-for DNERR must include an adequate portion of the
             land  and water areas of the natural system to form an ecological
             unit  and to ensure effective conservation.     These areas must be
             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's Guidelines for Establishina Proposed boundaries for
             National Estuarine Res@_r_ves define core areas as areas which
             contain "critical estuarine ecological units for research
             purposes, encompassing 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 state control sufficient to
             ensure the long term viability of the reserve for research on
             natural estuarine 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 the core and on which the integrity of the core
             depends.    This area protects the core and provides additional
             protection for estuarine depending species." The buffer area may
             include an area for research and education facilities.

                   Site surveys have been conducted to establish boundaries for
             each DNERR 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 will 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
             downtown Dover (Fig. 2).     The proposed maximum DNERR boundaries
             encompass about 5000 acres, with most of the area east of Rt. 113


                                          25







         (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 proposed 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
         DNREC's Division of Fish and Wildlife. The Wildlife areas
         proximity to the Reserve will nicely complement the component's
         conservation, research and educational activities.    Whenever or
         wherever feasible, activities on the State Wildlife Areas can be
         done in a manner supportive of the NERRS program, as long as the
         traditional activities, purposes and management practices on the
         State Wildlife Areas are not hindered or compromised.

              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
         proposed landward boundary of the DNERR component for another 5
         miles, flowing out of Silver Lake near downtown Dover. The DNERR
         component would encompass 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. 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 it's limit along the shore and extending bayward a
         distance of two miles.
























                                    26













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                                                                                      FIGME 2

                                           General location of the proposed Lower St. Sones
                                         River DNERR Component, in east-central Kent County














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                                              FIGURE 3


                                 Proposed area and boundaries of the
                                Lower St. Jones River DNERR Component








                                                            TABLE i


                                             Land Ownership in Proposed
                                       Lower St. Jones River DNEPR Component

                 MAP    PARCEL         ACREAGE                          OWNER


                 East Dover Hundred


                 96       20           95.4      Adele Conner, 19 S. State St., Dover, DE 19901
                          19           264.7     George & Lynch, Inc., 422 Water Street, P.O. Box 326,
                                                   Dover, DE 19903
                          15           306.5     Delmarva Land Co., 113 W. Sixth St., New Castle, DE 19720
                          21           13.0      Historical Society, State of Delaware


                 106      23           5.3       Thomas B. Farr Estate, P.O. Box 325, Little Creek 19961
                            8          1.3       David J. & Sharon Lewis, R.D. 3, Box 189, Little Creek
                            7          2.5       Joan M. & Mabel 1. Jones, R.D. 3, Box 216-D, Dover
                            6          12.0      Robert Clouser, 216 S. Governors Blvd., Dover
                            5          8.4       Alexander Auchterionie, R.D. 3, Box 187, Dover
                            3          12.0      FOP
                            2          11.1      Delmarva Power & Light, 800 King St., Wilmington 10901
                          24           470.8     Alvin Wilson, R.D. 1, Box 363, Dover, DE 19901
                            1          233.5     Alvin Wilson, R.D. 1, Box 363, Dover, DE 19901


                 105        7          249.8     Delagra Corp., P.O. Box 126, Bridgeville, DE 19933
                          10           90.0      James McILvaine, P.O. Box 73, Magnolia, DE 19962
                            8.01       23.0      State of Delaware
                            8          100.0     King Cote Farms, 207 Hutlihen Drive, Newark
                            1          40.0      Marjorie Lane, 9 M. Main St., Magnolia, DE 19962


                 South MurderkiLl      Hundred


                 114        1          543.3     Morris, David Vance & Wm. George, R.D. 1, Box 200,
                                                   Frederica, DE 19946


                 113      17           76.9      The Island Farm, Inc., 207 HuMhen Dr., Newark
                          34           366.4     King Coke Farms, Inc., 207 Hutlihen Dr., Newark
                          15.01        1.2       Same as above
                          16           996.4     Same as above
                          43           75.0      John Wilkins, P.O. Box 302, Frederica, DE 19946
                          41           55.8      Esther & James Orvis (Lifetime Est., P.O. Box 6, Clayton


                 105      23           43.5      King Cote Farms, Inc., 207 Hultihen Dr., Newark, DE 19711
                          13           4.4       Capitol office Equipment, P.O. Box 696, Dover, DE 19903
                          12           51.0      Henry Zimmerman, R.D. 2, Box 19, Magnotia, DE 19962
                          27           80.2      King Cote Farms, Inc., 207 NutHhen Dr., Newark, DE 19711


                 North MurderkilL      Hundred


                                                                                Road, Dover, DE      19901
                   96     03           100.0     John Farron, 174 Old Mitt
                          04           144.0     State of Delaware

                 105        3          10.0      Henry Zimmerman, R.D. 2, Box 19, Magnotia, DE           19962
                            2          363.0     Calvin Meyers, R.D. 2, Box 21, Magnolia, DE 19962
                            1          177.2     Same as above





                                      /*,

                                                                                                           FIGURE 4
                                                                  EAST DOVER HUNDRED
                                      306.5,,'
                                                                                  Property ownership         within the Lower St. Jones
                                                                               River DNERR Component (corresponds with Table
                               144.0                  264.7
                                              P.                 95.4                         12.0 2.5    1.3
                                              .2.
                        100.0                             .@23.         13.0                               -5.3
                                                                                                            5.3
          NORTH                                     40.0                                                  8.4
           MURDERKILL                 363.0
           HUNDRED      177.2                        - 100.0           249.8     233.5                   -12.0


                                        10.0---                  90.0                                                            N
                                                                                          410.8

                                           51.0
                                                                            0.2
                                                      43.5
                                               4.4








                                                                   996.4

                                                     Ct
                         MAGNOUA                          1.2




                                                            76.9
                                          A
                                                                                      543.3
                                                           366.4
                                                                        75.0
                         SMH
                         MURDMI11                                  55.8
                         MNDRW                                                                        LOWER ST. JONES
                                                                                                              Scale In Feet
                                                                                                  PM         MM17-
                                                                                                 4500   3WO    15M     0           3WO







                       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 for 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 interest in helping to establish
             the program.

                        Land Ownershig

                  The Lower St. Jones River site boundaries encompass 33
             parcels of land representing 22 landowners (Table 1 and Fig. 4).
             The figure of 5028 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, 3.3% 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; 0.3% by an historical society; 33.1% by a corporate
             farm; 5.0% by another corporate farm; and the remaining 51.8% by
             16 private landowners, with four of these private landowners
             owning 40.8% of the proposed component.

                             a. Core Areas

                  The minimum core area of the St. Jones component, which
             includes a complete egological unit, consists of approximately 50
             percent of the estuarine wetland complex located an 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 is the old wharf site immediately
             behind the Dickinson Mansion in the edge of the tidal marsh and
             other areas surrounded by upland.

                   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.



                                          31








                          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 or tidal
         marshes surrounded by upland. The old wharf site is 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 to the core.

                          c. ownership and Acreage

               There are 33 tracts with 22 owners in the St. Jones area,
         comprising 5028 acres.      The f ive owners in the core area are
         being contacted to enlist their cooperation.        Two of the f ive
         have expressed a desire to work with the State in establishing
         core and buffer areas.


                         d. 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 proposed 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
         boundaries encompass about 3800 acres on both the north and south
         side of Blackbird Creek, from the Rt. 9 bridge at Taylors Bridge
         upstream to Rt. 13 near 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.



                                       32








                                                                                        FIGURE 5


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






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                                                          Bl=kbinF                                                                                   Proposed area and boundaries of the
                                                                                                                                                  Upper BI                              Creek DNERR Component
                                                                                                                                                                      ackbird
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                         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 Office
              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 (with State funds) in January, 1990, with the intention to
              make this property an integral part of the Upper Blackbird Creek
              DNERR.    The acquisition of this 211-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 3814 acres of the proposed Upper Blackbird Creek DNERR
              component are divided into 47 parcels owned         by a total of 44
              landowners (Table 2). 3imilar to the Lower St. Jones River site,
              the total acreage figure of 3814 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 3814 acres, Delaware Wildlands,
              Inc. (a private conservation organization) owns 703 acres
              (18.4%), and the State of Delaware's new acquisition is 211 acres
              (5.5%).    The remaining 2900 acres are owned privately by 42
              landowners; however, only 8 landowners own parcels totaling more
              than 100 acres per owner, and in aggregate these 8 landowners own
              1879 acres (49.3% of the proposed Reserve).           Most of the 34
              owners of the smaller parcels are clustered around Blackbird
              Landing or are west of C.R. 455 (Fig. 7).

















                                            35






                                                     TABLE 2

                                      Land ownership in        Proposed
                               Upper Blackbird Creek DNERR Component
                                             BI.ACKBIRD HUNDRED
            MAP     PARCEL       ACREAGE                          OWNER


            Blackbird Hundred


            10         54        118.56    Liborio 3 LP, 10th & French St., Wilmington 19801
                       50         46.37    Earl Leasure, R.D. 1, Box 362, Townsend 19734
                       5 1          7. 16  Richard & Carroll     Parsons,   4436 DuPont Hwy.,     Townsend

            11        129         15.03    Douglas   D. Pointer, 1507 Greenbriar Rd., Wilmington 19810
                        1         11.42    Todd J.   Savidge, 1016 Blackbird Landing Rd., Townsend
                      135        10.34     Charles   J. Benedict, 1014 Blackbird Landing, Townsend
                      136         15.51    John 1.   Ciancio, 1014 Dover Ave., ELsmere 19805


              7        57         49.48    John F.   Coleman, R.D. 2, Box 31, Middletown 19709
                       71         41.77    Charles   F. Barton, Jr., 970 Blackbird Land., Townsend
                       16         10.29    Harvey W. Straughn, 928 Blackbird Ldng., Townsend 19734
                       70         16.97    John W. Bingham, R.D. 1, Box 2168, Smyrna, DE            19977
                       69         14.03    William A. Weathertow, 920 Blackbird Ldng., Townsend 19734
                       17          2.40    William   C. Shane, 912 Blackbird Ldng., Townsend 19734
                       61          2.48    Paul A.   Rynkiewicz, 908 Blackbird Ldng., Townsend 19734
                       62          2.09    Edward P. Riehm, 904 Blackbird Ldng., Townsend 19734
                       63          8.40    Norman  Rushton, Jr., 61 Richardson Lane, Wilmington 19804
                       64         10.32    Ronald  F. Schocie, 786 Eagles Most Rd., Townsend 19734
                       65         12.86    Michael R. Atkinson, 855 Blackbird Ldng., Townsend 19734
                       66          7.03    WiLtiam A. SLawter, 7013 Setters Ave., Upper Darby, PA
                       26         11.28    Lena C.   Unruh, 891 Blackbird Ldng., Townsend 19734
                       15         24.19    Gerald K. HeinoLd, Sr., 517 Gumbush Rd., Townsend 19734
                        3        231.54    Charles F. Stites, Jr., 617 Gumbush Rd., Townsend 19734
                       12        118.59    Vernon E. & Kenneth A. Kershaw, 2612 Grubb Rd., Wilmington
                       58         54.38    Vernon E. & Kenneth A. Kershaw, 2612 Grubb Rd., Wilmington
                       59        151.03    Same as above
                       13        321.18    Mary T. Lynch, Westover Hills, 813 Augusta Rd., Wilmington
                       27          3.09    Robert C. Smith, R.D. 1, Townsend 19734


              8         1         46.35    Henry J. Stellar, 257 SawmiLt Branch, Townsend 19734
                        2        192.20     Virginia M. Bell,     at at, c/o W. Paul Bradley,      538 Did
                                              Summit Bridge, Middletown 197D9


              3         4          1 .22   Mary A. Stellar, Townsend, DE       19734
                        5          4.64    Reynolds E. Mercer, 1114 Taylors Bridge, Townsend

              4         6        155.58    T. Wittiam Lingo, 11 Dodds Lane, Heniopen Acres, Rehoboth
                                              Beach, DE   19971
                       10        703.40    Delaware Wildtands, Odessa, DE 19730









                                               (continue table 2)
                                              APPOQUINIMINK HUNDRED


                AppoQuiniMink Hundred


                MAP    PARCEL      ACREAGE                         OWNER


                20        83         10.00    Frank Anderson, 4386 DuPont Pkwy., Townsend 19734


                16      159          199.38   Corbit D. Collins, 536 Brick Mill Rd., Middletown 19709
                        178          27.00    Donald R. Wood, Union Church Rd., R.D. 1, Box 302F,
                                                Townsend
                        253          28.75    David M. Truesdate, 101 E. Main St., Middletown 19709
                        147          57.75    Chester Gove, Jr., 500 Union Church Rd., Townsend 19734
                        146          80       George E. Parsons, Rt. 1, Box 298, 556 Union Church Rd.,
                                                Townsend, DE 19734


                17          3        61.57    William J. Cornelius, R.D. 1, Box 158, Smyrna, DE 19977
                            5        50.0     Earl Swanson, Odessa KOA Campground, Odessa 19730
                          17         85.50    William Manwaring, Box 334, Mendenhall, PA 19357
                          11         25.55    Edna M. Windett, 756 Union Church Rd., Townsend 19734
                          18         40.35    Hans F. Haug, R.D. 2, Box 150, Landenberg, PA 19350
                            6        72.0     David H. Donovan, Box 3210, Smyrna, DE 19977
                            7        79.10    Harry Fisher, Jr., R.D. 1, Box 85-A, Townsend 19734
                          49         174.20   Hotger H. Harvey, Del. Witdiands, Inc., 303 Main St.,
                                                Odessa, DE 19730
                          50           53.3   F. Thomas Unruh, 933 Taylors Bridge, Townsend 19734
                          51         211.53   State of Delaware, Department of Natural Resources and
                                                Environmental Control, 89 Kings Hwy., P.O. Box 1401,
                                                Dover, DE 19903


                13        20         11 .70   Geoffrey G. Perry, P.O. Box 162, Odessa, DE      19730
                          19         25       Elsie & Pauline Shockley, Taylors Bridge Road, Townsend





















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               V
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                                                                                  315                                                                       001      -     ASSOCIAUD PARCEL VACAW OR WH
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                                                                                                                                                                                                  Property Ownership within the
                                                                                                                                                                                      Upper Blackbird Creek ONERR Component
                                                                                                                                                                                                      (corresponds with Table 2)









                              a. Core Areas

                   The minimum core area of the Upper Blackbird, which includes
              a complete ecological unit, will 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 Value

                   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 maitain 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 Basement

                   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.



                                           39









                    3. memorandum of Understanding

               A Memorandum 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 Memorandum 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.

                    S. 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
          offered 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  for the core areas in both the St. Jones
          component and the Upper Blackbird component.     The minimum core
          and buffer areas in the Blackbird component have been obtained
          with the acquisition of the 211 acre tract in January 1990.
          Negotiations are ongoing with the owner of 704 acres in the St.
          Jones component and with the owner of the adjacent 250 acres.







                                      40











            IX. 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 for 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, shall 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.

                      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


                                        41






         identified facilities only.    Free roaming through the component
         is not permitted without written approval of the reserve manager.

                 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.

                 3. Access for boat or canoe launching

                  St. Jones and Blackbird components

              Access for 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 activites 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).

                 S. 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.




















                                     42








            X. ADMINISTRATIVE PLAN


                A. ADMINISTRATIVE AUTHORITY

                 NERR programs are delegated to states under the authority of
            the federal Coastal Zone Management Act (CZMA) of 1972 as
            amended. The proposed Delaware NERR program will be administered
            by the Delaware Department of Natural Resources and Environmental
            Control (DNREC), Office of the Secretary, Management and
            operations. The administrative authority of the  CZMA 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 proposed Reserve
            recognizes the need for cooperation and coordination in order to
            achieve the effectiveness of a collaborated developed and
            implemented 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 component.

                 Administrative responsibility for the management of the
            proposed DNERR is through the Delaware DNREC for several reasons.
            Wetlands regulations, the Coastal Management and Delaware
            National Estuary Programs, the Delaware Coastal Management 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 Reserves 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


                                        43






          and the Delaware Nature Society. Many of these groups antic       ipate
          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 proposed
          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 .   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 proposed DNERR will be responsible
          for the Programs of both of the Reserve components.

          DNERR EDUCATION AND RESEARCH CENTER


            @ The DNERR Program Manager 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's 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 four
          Divisions of DKREC 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 do 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.


                                       44








                               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 Secretary
                                   STATE POLICY   DIRECTION


                     DNREC Management & uRerations Dir  ------ DNERR Advisory
                           GENERAL COORDINATION                    Committee




                                    Private      State       Federal      Kent Co
                                organizations Agencies       Agencies New Castle* Co.
                                  Landowners     DHCA                   City of Dover
                                 Associations                    I
                                                          (Headquarters)
                                                                 I
                       DNERR Progr    Manager  ---- NOAA,OCRM,S&R Div.
                                                  NERRS POLICY, COORDINATION
                                                  DIRECTION; GRANTS; EVALUATIONS




             Educi       'ordinator< ---- ------- >Reseagg" Coordinator

              (Estuarine  Education                             Sci/Tech Adv
                      manager)                                   Committee





                kdemic      Citizen Aware             -arch Monitoring Management
             Programs       Involvement Prog.





             DECISION MAKERS ESTUARY USERS




                                                                Vol. Coordinator

             Surveillance/                   Center                Volunteers/
             Enforcement                  operations             Support groups


                                          45






               Landowner assistance is aided by the Conservation Districts
         under the leadership of the DNERR Program Manager and          the
         assistance of the Division of Soil and Water Conservation of   the
         DNREC. This interaction with landowners is very important to   the
         success of the proposed DNERR in that all but 11 acres of      the
         4000 acres nominated are 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, and Shellfisheries; 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 DNERR.

               The fish and wildlife scientists are the first series of
         specialists that are proposed 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 estuary, research,
         and education programs.














                                     46












                                  PROPOSED DNERR 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. Pres. Specialist (20% time; 70/30 state/NOAA funded)
                 - Landowner Assistant (30% time; 100% NOAA funded)


            ist 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)
                 - Realty Specialist (20% time; 100% state funded)
                 - Realty Assistant (40% time; 50/50 state/NOAA 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; 100% NOAA funded)
                 - volunteer Coordinator (30% time; 100% state funded)
                 - Folklorist (30% time; 100% Interior funded)
























                                        47







               PROPOSED 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)
             - Secretary (100% time; 100% state funded)
             - Realty Specialist (20% time; 100% state funded)
             - Realty Assistant (40% time; 50/50 state/NOAA funded)
             - Res. Prot. Specialist (20% time; 100% state funded)
             - Cult. Pres. Specialist (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-MAP 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.














                                  48










                     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 proposed 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 agenda, maximize the use
             of the Reserve, and obtain multiple sources of funding for the
             betterment of the Middle Atlantic estuarine systems.


                    3. Education/interpretation

                 The education and interpretation functions are the highest
             priority of the proposed 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 vill be located at the DNREC
             headquarters until the DNZRR Education and Research Center is
             completed. With Delaware being 95% coastal plain it is important
             that a State-wide Estuarine Education Program be well 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 and the public.


                                        49










                 4. Surveillance and Enforcement

              The Delaware Estuarine Reserve staff will provide additional
         surveillance to and rely on the coordination 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 watersheds. On-site
         DNERR staff, capital police of the Department of Administrative
         Services, and environmental police officers (EPO's) 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.


             C. ADVISORY COMMITTEE STRUCTURE AND RESPONSIBILITIES

                 i. 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 proposed
         Reserve.

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


                                     50








                  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
                  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


                                        51









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

           - 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 Reservel's programs. The
         administration of the DNERR Education and Research Center has
         been structured to accommodate as many estuarine programs 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,
         and 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
              - 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


                                     52






            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 acts as recording secretary at the
            DNERR Committee Meetings and then updates landowners about
            important information through correspondence and newsletters. The
            Assistant is the contact person within DNREC for the landowners
            and works 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,
            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 GOVERNMENT - NOAA REVIEW

                 The NERRS operates as a federal/state partnership. Although
            the management of.a reserve is a state's responsibility, NOALA
            cooperates with and assists the states on a day-to-day basis, and
            reviews state programs regularly. The purpose of the NOAA review


                                       53






         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 NO&A
         responsibilities pertaining to reviews, include the following:
               NOAA staff, 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.

               Finally, 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.













                                   54








             XI. 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 uses, but which minimize detrimental
             environmental and ecological impacts on estuaries.

                  A major priority of the proposed 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
             field 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 will be 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
                                           1 decision makers for improved
                    managers and coasta
                    understanding and management of estuarine ecosystems.



                                         55






              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 oblectives 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 laborato  ry facilities, field monitoring
                stations, and scientific equipment and gear as necessary
                to support the research and monitoring efforts.
              ï¿½ Seeking agreements with other research organizations or


                                    56






                     institutions to facilitate and augment research and
                     monitoring projects.

                   B. RESEARCH TOPICS AND PRIORITIES

                      1. NERRS National Research Priorities
                   Research    programs    in   the   Delaware     NERR    address
             coastal management issues identified as having a local, regional
             or national significance.      Projects which benefit reserves in
             other states and those which correspond with the NERRS National
             Research Priorities are encouraged. National Research Priorities
             are:


                   * Water Management.       Research is needed to increase
                     understanding @f how freshwater inflows affect estuarine
                     productivity, govern the salinity regime, provide
                     nutrients, couple primary and secondary productivity,
                     and sustain habitats.

                   * Sediment Management.    Rational biological criteria which
                     can be used to evaluate sediment management strategies
                     must be developed.   Research should examine sedimentation
                     processes and the relationships between sedimentation and
                     ecological processes.

                   * Nutrients and Other Chemical Inputs.     Research is needed
                     to increase understanding of the relationships among
                     nutrient inputs, nutrient cycling, and production.         The
                     environmental fate of chemical inputs, including
                     toxicants, and the effects of these chemicals on the
                     ecosystem are other important areas of study.

                   * Coupling of Primary and Secondary Productivity.      Research
                     should increase understanding of ecological relationships
                     @uch as trophic structures and food web interactions and
                     increase understanding of disruptions to these estuarine
                     ecosystem processes.

                   * Estuarine Fishery Habitat Requirements. To formulate
                     effective management programs, the relationship between
                     estuarine fish production and the quantity and quality of
                     nursery areas must be investigated.     Information must be
                     gathered on habitat selection, species migration, species
                     residence time, food quantity and quality, and the effects
                     of environmental variations on survival and growth of fish
                     and shellfish.

                   Additional information on these subject areas can be found
             in the NERRS Research Plan (available from NOAA/SRD).

                   In addition to these five major research areas, NOAA
             recognizes the need for baseline information and lists the
             following research areas as being appropriate for Federal
             funding.   (Note that the two priority areas are also priorities


                                          57






         under NOAA's phased monitoring program). The rationale for these
         research priorities is described in NOA-A's National Estuarine
         Reserve Research System Research Plan (1987).     Each year NOAA
         issues a NERRS Research Opportunity Announcement in which it
         elaborates on the latest interpretation of these priorities.
         Proposal funding decisions are based on the relationship between
         the proposed research and these national priorities.

                   a. Initial Baseline Surveys

              Baseline surveys will be conducted to fill information
         gaps and to provide more thorough characterizations of the
         components.    Water quality parameters of interest include
         salinity, turbidity, temperature, dissolved oxygen, pH, and
         nutrient concentrations.   Environmental and ecological baseline
         data might be collected for sediment composition, productivity of
         submerged aquatic and emergent vegetation, hydrological
         characteristics, weather conditions, organic fluxes, and species
         composition of plant and animal communities.     Baseline surveys
         can be used to:

              ï¿½ Yield data necessary to define or confirm estuarine
                management issues of concern.

              ï¿½ serve as a reference for detection of environmental/
                ecological change in the estuary.

              ï¿½ Aid in planning and conducting special studies related to
                the estuarine ecosystem.

                   b. Environmental Monitoring

              Environmental monitoring will entail the systematic,
         periodic collection of selected data using many of the same
         parameters and the same sampling techniques and locations as the
         initial baseline surveys.   These data may be collected by DNERR
         staff or volunteers, by other government agencies, or by outside
         researchers as part of their research projects.    Impacts of new
         technology, products, and management strategies may be observed.
         A policy for quick response to collect data in the event of
         unusual conditions such as floods or spills will be established
         where feasible.    U.S. Environmental Protection Agency-approved
         methods for sampling and sample handling will be adhered to in
         all water chemistry monitoring.

              Environmental monitoring is designed to:

              ï¿½ Detect trends in estuarine resources or ecosystems.

              ï¿½ Provide information to aid in the management of the DNERR
                and in coastal zone management in general*

              ï¿½ Provide a data base for special studies.




                                    58







                  2. Special Studies

                       a. Habitat Manipulations
                  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-specific
             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.

                  Major habitat manipulations for experimental purposes will
             not be permitted in 75% of the core areas of the Delaware NERR.
             Up to 25% of the core areas may be subject to substantial habitat
             manipulations for experimental purposes, but the environmental
             effects of such 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," 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 proposed DNERR.      Designated
             core areas where major habitat manipulations    may occur will be
             contained within confined sub-watersheds of the Delaware
             Reserve's core, not spread over the Reserve's core areas in
             patchy or mosaic fashion.    Experimental habitat manipulation in
             the designated core 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. Major or long-term habitat manipulations for
             experimental purposes will not be as restrictive in the Reserve's
             buffer zones in terms of areal limitations or duration of
             effects, but such buffer zone manipulations will also require
             prior approval by the State, NOAA and, where applicable, by the
             Reserve property owners.

                  Habitat manipulations necessary to protect or maintain the
             ecological character and purpose or utility of the Delaware
             Reserve, whether done in core or buffer areas to avoid or
             counteract unacceptable anthropogenic impacts or natural changes,
             may be undertaken.     Habitat manipulations done for management
             purposes necessary. to protect or maintain the ecological
             character and purpose of the DNERR may be substantial in nature
             if warranted, and may or may not be temporary or reversible (see
             Resource Protection Plan).   Similar to habitat manipulations for
             research purposes, habitat manipulations necessary to avoid or
             offset undesirable environmental changes must have prior approval
             from the State, NOAA and, where applicable, from Reserve property
             owners.




                                         59









                    b. Cultural Resources

               Cultural resources research within the proposed DNERR may
          include prehistoric and historic archaeological excavations,
          historical research, and folklore and oral history 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. DNERR 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 BMPIS
               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
          might be emphasized by the DNERR:
                 Development and refinement of environmental management
                 techniques necessary to restore, maintain or enhance high


                                       60






                    quality estuarine habitats and their living resources;
                   ï¿½Development and assessment of management techniques
                    necessary to limit non-point-source aquatic pollutants;
                   ï¿½Adaptive    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:

                   * Seaward wetlands loss and landward wetlands formation
                    relative to sea level rise; impacts of sea level rise on
                    primary production of wetlands emergent veqetation.

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

                   *Effectiveness of various agricultural BMP's in reducing
                    run-off of fertilizers, animal wastes, sediments, and
                    pesticides into estuarine waters.

                   *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.

                   *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.

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

                   *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.

                   *Biology, ecology and control of Phrac.rmites grass, with
                    emphasis on the lower Blackbird Creek watershed.
                   *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).
                   *Biology and control options for tabanid biting flies and
                    ceratopogonid gnats.



                                         61






               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 Population dynamics and foraging impacts of snow geese.

               ï¿½ Development of sampling and monitoring techniques       to
                 better assess water quality parameters.

               ï¿½ Hydrology (surface and ground-water) and ecology of the
                 Delmarva Bays (swale freshwater-nontidal wetlands) in the
                 upper watershed of Blackbird Creek.

               ï¿½ causes and significance of shellfish bacterial contami-
                 nation and finfish PCB accumulation.

               ï¿½ Development of better environmental indicators associated
                 with archaeological research.

               ï¿½ Develop a better understanding of adaptation to the
                 estuarine environment by prehistoric and early historic
                 human populations.

               ï¿½ 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).

               ï¿½ causes and significance of late summer fishkill events in
                 tidal rivers and creeks; hypoxialanoxia problems.
               ï¿½ 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.
               ï¿½ Impacts of bridge and highway construction on tidal
                 freshwater and'brackish wetlands, with emphasis on upper
                 Blackbird Creek.

               ï¿½ Impacts of vertical and lateral leaching of pollutants
                 from abandoned landfills, with emphasis on the middle
                 section of the St. Jones River corridor.
               ï¿½ Eutrophication problems and corrective actions in


                                     62






                    headwater millponds, with emphasis on the upper St. Jones
                    River watershed.

                    Management and recovery of rare species.
                  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.

                  C. DNERR POLICIES AND PROCEDURES FOR RESEARCH

                  Research at the DNERR 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 proposed 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.

                  As previously discussed in Section XI.B.2., carefully-
             controlled habitat manipulations may be approved for research
             purposes in up to 25% of the DNERR designated core areas.       Many
             important research questions in coastal resource management,
             particularly in regard to tidal wetlands, can only be
             satisfactorily examined via experimental manipulations of
             habitat.

                  It is often critical that field research necessitating
             habitat  manipulation, in order to be successful, be given the
             same type of location, support, access and security as non-
             manipulative field studies.    Thus, in order to accommodate the
             broadest range of research needs in meaningful fashion, the
             proposed DNERR will not require that a-11 manipulative studies be


                                         63






          limited to buffer area sites or to locations off the Reserve.
               However, for the purposes of serving as scientific controls,
          it is desirable to designate significant portions of the Reserve
          as areas where human influences will be kept at a minimum. Thus   '
          at least 75% of the DNERR core areas will be excluded from
          consideration for research involving substantial habitat
          manipulations. Up to 25% of the core area may be set aside where
          research activities of any kind will be kept at a minimum (see
          Resource Protection Plan), helping to insure the maintenance of
          experimental control zones.          When substantial habitat
          manipulations for research purposes are permitted within up to
          the designated 25% of the proposed DNERR core area, the
          manipulative effects should be temporary or reversible in nature
          and not have significant impacts on any adjacent core area off-
          limits to experimental manipulation.

               As  previously    stated,    what   activities     constitute
          "substantial" habitat manipulations, and what manipulations may
          be considered to be "temporary" or "reversible", will have to be
          decided 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 DNERR goals and
          objectives.   Research involving substantial manipulation of
          habitat, whether done in core areas or buffer areas, will require
          prior approval by the State, NOAA and, where applicable, by the
          Reserve property owners.

               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.

               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


                                     64






             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.



                        1. Procedures for NOAA-Funded DNERR Research

                   Proposals which target NOAA funding will also be evaluated
             by NOAA using established guidelines. These guidelines are
             outlined in the NERRS' document for "National Research Priorities
             and Proposal Guidelines", which include 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 advisor-y comments about a proposal's
             importance, suitability, and practicality.      In order to qualify
             for NOAA funding, DNERR research proposals must address one or
             more of the NERRS National Research Priorities and fulfill the
             requirement of the appropriate Request for Proposal. 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


                                          65






          DNERR in a timely manner. The DNERR will keep two copies of the
          f inal 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",           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
          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 inform6tion 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

                                     66






             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 its
             estuarine resources.

                  - Phase I, Environmental Characterization, which involves
                    literature review and/or field 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, which 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.


                                        67






                The DNERR phased-monitoring program will be integrated where
          appropriate and beneficial with other environmental monitoring
          programs conducted by the State, federal 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:
                ï¿½ Coordination through scientific/te     chnical advisory
                 committees.

                ï¿½Participation of DNERR staff in research symposia,
                 conferences and workshops.

                ï¿½intern programs for graduate students or upper-class
                 college students, funded by Federal, state or other
                 sources.


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

                ï¿½other research and monitoring funding.

                    3. off-Reserve Research Projects

                while it is expected that much of the DNERR research will
          occur on the Reserves 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


                                     68






             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.

                             a. Coordination Between DNERR Components

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

                             b. Coordination with the NEuR 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 make a substantial contribution to the understanding of
             long-term ecological effects on estuaries and are useful in


                                          69







         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

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

              Reserve staff will also assist in the coordination at the
         State level of NOAA1s 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 desires and guidance from NOAA. Research
         coordination with non-NOAA agencies, whether they be Federal or
         State, would not be done to purposely influence their research
         agendas, but rather to make sure that research is not being
         unnecessarily replicated by the DNERR, and to see if "anybody" is
         undertaking those research 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 programs' Comprehensive
         Conservation and Management Plans.     Other federal agencies for
         which coordination of DNERR research is highly desirable include
         the U.S. Fish and Wildlife Service's new environmental outreach
         program, located at Bombay Hook National Wildlife Refuge, plus
         the Service's efforts to implement the North American Waterfowl
         Management Plan, achieved in part via the Private Lands
         Initiative; the U.S. Soil Conservation Service's office in Dover,
         particularly for 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.

              Similar to interactions with federal agencies, it will also
         be critical to coordinate research interests and efforts between
         State agencies.    Within the Delaware DNREC, all five Divisions
         have various intere.sts 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 DCMP. Coordination of research will also involve other


                                     70






             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, for both its Lewes and Newark
             faculties, facilities and projects, 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 who either perform
             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 perform various kinds and
             levels of environmental research include the Delaware Nature
             Society (e.g. the Stream Watch Program); the Nature Conservancyl
             particularly for 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 a.s.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.




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                Finally, the DNERR Scientific/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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            XII. RESOURCE PROTECTION AND RESTORATION PLAN

                  Along with research and education, resource protection is a
            major component of the proposed DNERR.    Estuaries are among the
            most biologically productive systems on Earth.       As such the
            productivity and integrity of the Research Reserve's resources
            must be protected and, where necessary, restored 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 and
            restoration plan will be to:

                  * Maintain the Reserve's estuarine ecosystems for continuous
                    future use as natural field laboratories where information
                    essential to coastal management decisions can be gathered
                    and disseminated.

                  * Ensure a stable environment for research through long-term
                    protection of the Reservel including open water,
                    transitional area wetlands, and adjacent uplands.

                  * Protect significant natural estuarine sites for education
                    and interpretation programs.

                  * Protect the habitats of fauna and flora as an integral
                    part of the natural system.

                  * Permit restoration of degraded areas to a former, more
                    natural condition when appropriate and practicable, and
                    when the restoration will enhance the research or
                    education value of the reserve.

                  * Protect the Reserve    from unduly disruptive activities
                    occurring inside and outside of its boundaries.

                  * 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 selection process.

                  ï¿½ Controlling ac'cess to the Reserve to minimize adverse
                    impacts on critical natural and cultural resources.
                  ï¿½ Aiding in enforcement of permitted uses of the site.
                  * Being knowledgeable of and involved with land use issues
                    in the vicinities of the Reserve that could impact it.


                                        73







              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 for adequate public participation and use of the
                Reserve to inform and educate them as to the need to
                protect sensitive resources.

              ï¿½ Providing an undisturbed estuarine site for long-term
                baseline resource data needs.


              B. POLICIES AND PROCEDURES


                   1. 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. These areas will
         be identified in a management plan and adequately posted at the
         site.   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 proposed 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


                                     74







             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. Such plans will be formulated for core and/or buffer
             areas.    Resource protection will typically be addressed by
             restricting certain land use activities.       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 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 include 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 from
             the core areas without prior approval of the Reserve manager.
             Plants, animals, minerals, cultural resources, or any parts of


                                          75






         these must remain to protect the integrity of these key areas.
         Objects and samples may be removed from buffer zones for Reserve
         research or education programs as necessary.

              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 at the end of this section.
         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.

                   2. Restoration/Habitat Manipulation Policy

              The restoration or manipulation of certain habitats within
         the Reserve is necessary and desirable at times.               These
         activities can be permitted under carefully controlled conditions
         that consider resource protection concerns. The Management Plan
         is flexible to allow these types of activities, since they may be
         well suited for research and education opportunities or might be
         necessary to address environmental problems, as long as they are
         compatible with resource protection.

              Most restoration or manipulation activities will be directed
         at restoring the natural plant and animal community of a site, or
         will be done in association with experimental research projects.
         In part, this would help increase habitat and species diversity
         and should prevent further degradation of the resource.          Any
         species reintroductions will be native to the area. Restoration
         and habitat manipulation projects can provide a good baseline for
         long-term research and education needs. Restoration or habitat
         manipulation resulting in substantial action will require prior
         approval by the State, NOAA and where applicable, by the site
         property owner.

              As discussed in the Environmental Research and Monitoring
         Section (XI-B-2. and XI.Co), Substantial habitat manipulation
         activities for research will be allowed in the buffer areas and
         in up to 25% of the core areaso         The remaining 75% of the
         Reserve's core areas will be left relatively undisturbed in order
         to serve as sites for control purposes or to do non-habitat-
         altering studies.    of this 75% of the core areas, 25% may be
         identified in advance as areas of minimum disturbance,
         essentially serving as long-term control siteso      These minimum
         disturbance sites should be confined to well-defined sub-
         watersheds and not spread over the core areas in a patchy or
         mosaic fashion. These sites -also should be representative of the
         range of habitat types within the core and should consider areas
         where resource protection is a major concern (e.g. rare species
         habitat or unique biotic assemblages)o      of the remaining 75% of
         the DNERR core areas, up to 1/3 (or 25% Of the total core areas)
         may be subject to habitat manipulation for approved research
         purposes.


                                     76






                  In summary, substantial habitat manipulation for experimental
              purposes may occur in up to 25% of the DNERR core areas if the
              alterations are temporary or reversible in nature, are confined
              to well-defined sub-watersheds and not spread over the core areas
              in a random fashion, do not substantially affect adjacent core
              areas of undisturbed habitat, and do not degrade rare species
              habitat or unique biotic assemblages. As stated in the
              Environmental Research and Monitoring Plan, what activities
              constitute "substantial" habitat manipulations,            and what
              activities may be considered to be "temporary" or "reversible",
              will have to be evaluated on a case-by-case basis as they are
              proposed, done in consideration of ecological impacts and the
              purposes of the Reserve.

                   The concern with habitat manipulations for research
              purposes, in terms of type, extent or duration of alterations,
              will not be as stringent in the DNERR buffer areas.           However,
              degrading impacts on rare species habitats or unique biotic
              assemblages will not be permitted, and buffer area alterations
              should not substantially affect core areas where not intended or
              permitted.

                   Also discussed in the Environmental Research and Monitoring
              Plan was the need for restoration and habitat manipulation
              practices to protect or maintain the purposes and integrity of
              @he Reserve. These activities, when necessary, may be undertaken
              in either the core or buffer areas to prevent or offset
              undesirable or unacceptable changes caused by human influences or
              nature (for example, mosquito-borne human diseases such as
              Eastern Equine Encephalitis) . In some cases the responding
              activity may more involve the direct management of species
              populations rather than their habitats.             Manipulation or
              alteration of habitat or species populations for management.
              purposes should be accomplished with minimal impacts on non-
              target resources or functions of the Reserve.            Examples of
              changes that may necessitate habitat or population management
              responses include excessive shoreline erosion or wetlands
              submergence caused by relative sea-level rise.; excessive denuding
              of emergent vegetation by snow qoose grazing; excessive expansion
              of phragmites cover; excessive production of pestiferous
              mosquitoes, especially for off-site nuisance relief and disease
              control; or excessive siltation caused by upland run-off or
              downstream transport.       Where needed, environmentally-sound
              corrective or preventive measures for substantial environmental
              problems may be permitted in core or buffer areas.          All such
              actions must have prior approval from the State and, where
              applicable, from site property owners.

                   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. The Lower St. Jones River
              component is of more mosquito-production concern, since it is
              only six miles from downtown Dover, and its more saline habitats
              produce more saltmarsh mosquitoes than do the upper Blackbird


                                           77






         Creek marshes.     Saltmarsh mosquitoes will routinely fly 10-15
         miles inland from their marshes of origin and are capable of
         carrying    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 will continue in
         both core and buffer zones of both Reserve components.            This
         primarily involves the DNREC's Mosquito Control Section's
         surveillance of mosquito production levels, and selective
         application (as needed) of insecticides.            similar to its
         insecticide control efforts throughout the State, the Section
         will use insecticides on the Reserve in an environmentally-
         compatible manner.     Essentially, the need 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.

               In addition to using insecticides for saltmarsh mosquito
         control, the Mosquito Control Section has an aggressive policy of
         trying to reduce statewide its insecticide use as much as
         possible, primarily by relying on source reduction methods such
         as open Marsh Water Management (OMWM) wherever practical.          The
         mosquito-breeding areas of the lower St. Jones River tidal
         wetlands are currently targeted for 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 major benef it of
         the OMWM method is the opportunity to restore more permanent
         water habitats to high marsh zones that have been dewatered,
         mainly in marshes where parallel-grid-ditching has been extensive
         (e.g. the lower St. Jones River marshes) .       The restoration or
         creatio n of tidal ponds that do not dry-out at low tide
         substantially enhances aquatic and waterbird habitats in tidal
         wetlands, in addition to significantly decreasing mosquito
         production.

               omwk planning and implementation in the lower St. Jones
         River marshes will include, in addition to the thorough review of
         the appropriate Reserve and NOAA staf f prior to installation,
         permit and f ield 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). omwm systems
         will be installed in the Lower St. Jones River DNERR component
         (in both core and buffer areas), using the omwm guidelines that
         the Section follows statewide in its operations.
               most of the potential OMWM work in the lower St. Jones River


                                      78







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

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

                 C. STATE AND LOCAL REGULATIONS AFFECTING THE DNERR

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

            TIDAL WETLANDS

                 Tidal wetlands in Delaware are protected by the Wetlands Act
            (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


                                        79






        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, foot bridges, (which
        connect one upland area to another upland area), 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 piers, docks or boat ramps.        Any placement of permanent
        structures, sampling devices or markers for research purposes
        would also require a wetlands permit.

        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 the 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
        road crossings, docks, boat ramps or mooring facilities.

        PROPOSED FRESHWATER WETLANDS ACT

              The Delaware Department of Natural Resources and
        Environmental Control has developed a Freshwater Wetlands Act (7
        Del. C. Chapter 76) with the goal of no net loss of the state's
        remaining freshwater wetland base by acreage and function.
        "Freshwater wetlands" means open waters, aquatic flats and bars,
        or "those areas that are inundated or saturated by surface or


                                     80






            groundwater at a frequency and duration sufficient to support,
            and that under normal circumstances do support, a prevalence of
            vegetation typically adapted for life in saturated soil
            conditions, excluding areas subject to jurisdiction pursuant to 7
            Del. C. Chapter 72 (Subaqueous lands) and areas mapped as tidal
            wetlands pursuant to 7 Del. !9-. Chapter 66.

                  The Secretary of DNREC will seek to assume administrative
            authority of Section 404 of the Clean Water Act to the state.
            The Freshwater Wetlands Act is structured similarly to the
            Wetland Act of 1973 and is consistent both with this act and with
            Section 404.

                  If passed, this proposed legislation would regulate all
            activities not exempted by statute or regulations rather than
            only the placement of dredge or fill material currently regulated
            by the Corps of Engineers under Section 404. Possible impacts to
            freshwater wetlands within the lower St. Jones River and upper
            Blackbird Creek components which would require a permit or the
            application of best management practices, should this Act be
            passed, would include any applied or basic research activities
            which would have more than a d-e- minimis impact.

            ARCHAEOLOGICAL ACTIVITIES

                  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.


                                        81






          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. 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.
          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 acquisition/protection efforts, a conservation easement
          will be one of the methods used to establish the DNERR.

          EROSION AND SEDIMENT CONTROL/STORKWATER MANAGEMENT

               on July 1, 1991 new state Erosion and Sediment Control and
          Stormwater Management Regulations will go 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.     All activities in the
          DNERR, including research, will be evaluated against any adverse
          impacts to the listed species and communities and modified
          accordingly.

          WILDLIFE AND pISH 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).

          LAND USE AND ZONING
               All applicable state and county land use and zoning
          restrictions will apply to the DNERR.


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            XIII. EDUCATION/INTERPRETATION PLAN
                 The Education and Interpretation program joins Research, and
            Resource Protection as the three main sections planned for the
            management of the Reserve components.       This shows 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.


                 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 objectives

                 * 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 (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


                                        83






          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 needs     'showed 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 and their understanding
          of the environment.

               The DNERR program will address both of these environmental
          education efforts. It can do this first, by recognizing that for
          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 kn6wledge 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


                                      84







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

                   * Participatory, interactive, and multi-sensory educational
                     activities.

                   * 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
                     professionalarchaeologists, actual sites can sometimes be
                     used however more commonly a simulated site is developed.
                   * 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


                                          85







                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.

              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

                                    86







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

                  It is expected that some 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


                                         87







          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 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 may be a necessary part of the trails to provide
          access over wet areas.

               A St. Jones Greenway has been proposed that would combine
          efforts from state, county, and city governments, private
          properties, as well as the DNERR . This function is expected to
          be compatible with the overall purpose of DNERR.      The specific
          impact  on the St. Jones component has not yet been determined
          but is likely to be a trail paralleling the river.       Access to
          this trail will be determined in conjunction with the overall
          Greenway plan and with DNERR policy.

               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 may also be on this component.



                                      88







                       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.  S. 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

                  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.

                  The Estuarine Educator will direct the educational efforts
            at 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 vith 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.

                            a. Coord ination vith 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.


                                         89








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

                        --Public Schools

                        --Private and Parochial Schools.

                        --Departme nt of Public Instruction
                            (Science and Environmental Education)

                        --Department of Agriculture (Project Learning Tree)

                        --DNREC - various programs

                        --Conservation Districts

                        --Delaware Nature Society

                        --Delaware Audubon Society

                        --Children's 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




















                                    90











             XIV. VOLUNTEER PLAN

                  The Delaware Department of Natural Resources and
             Environmental Control (DNREC) has through its Divisions utilized
             volunteers in its programs for greater 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 may include trail work, opening and closing the
             Reserve, security awareness, research efforts and so forth.

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

































                                         91













          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 exists within the
          proposed Reserve's boundaries are a boat ramp, fishing 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.

                     i. Site Needs

                The first five years of the Management Plan will be
          concentrated on the development of the Education and Research
          Center and the expansion of the John Dickinson Mansion's Visitors
          Barn. Other Reserve facility needs are discussed in various
          sections of the Plan such as trails, boardwalks, and boat access.




                                       92








             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 20000 sq. ft. to enable the DNREC to
             meet a variety of needs. These same needs also were outlined in
             the Department's strategic plan.

                  The facility preferred location is on the north side of the
             St. Jones river between the Dickinson Mansion and the
             Departmentfs 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, a@ well as all site
             access, parking, and landscaping needs. The build 'ing 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 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 match equally State funds
             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 50% of the
             construction cost based upon NOAA/State allocation plan.


             CONSIDERATIONS FOR PHASE ONE (information from Architect's
                                                scoping plans)

             DNERR management and Operations
                                   TOTA           DNERR         DNREC
                  - 7 Offices        700 sqft      400           300
                  - Library =       1000          1000
                  - Storage,Halls,
                  utility,displays,
                  class/conf. rooms
                  restrooms,etc     3900          3750           150



                                        93









          DNERR Research
          Fish & Wildlife Scientists (including DNERR visiting researchers)
                                   TOTAL           DNERR            F&W
                - Chemistry Lab      800 sqft       400             400
                - Biology Lab        Boo            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





                                   DNERR FACILITY NEEDS
                             (based on DNERR survey results)

          1. A. Display space_1_yes         no    B. Sales area-l_yes         no
                     Occasional-Y-          Permanent-Y-

          2. Group space
                  A. Conference rooms-2-0qyes         no ; capacity_50_each-seats
                  B. Auditorium        -1-0qyes       no ; capacity_200-seats
                  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      -1--yes_no ; capacity_200-seats
                  G. Observation
                       a. Deck-1-yes_no
                       b. Tower-1-yes_no
          3. Office space_Y_yes     r  no
                     number of offices 25         approximate sq ft_5000
                                    (fo8qrq-q50 TTE's;including swing & ren2qEal off.)
                                      DNREC DM = 7 people (A,PM,EC,AQ,RC,VC,S,q)
                                      Div. of F&W = 25 people
                                      Div. of P&R = 2 people
                                      Rental    12 people (NACD,Wesley,UofD Ag)
          4. Laboratory space         Swing    4 people (DNS,SJRWA,other non-profits)
                  A. Educational8q-l_yes         no ; _900_sq ft
                  B. Biological _1_yes         no ; _600_sq ft
                  C. Chemical     4T_1__7' yes  no ; _400_sq ft
                  D. Visiting scientists8q-14q-yes_no ; _200_sq ft


          5. Storage space_l_yes_no ; _2000_sq ft


                                        94
 








            6. Dormitories
                    A. Youth_yes_X_no        capacity
                    B. Adults_yes_X_no        capacity

            7. outside needs
                    A. Parking_50_spaces ;B.visitors-loo-maximum spaces
                    C. Loading dock_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_Y_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_
                         b. Humidity_Y_
                         c. Heating-Y
                    C. Y Computers
                    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 1 cap. wf-lift

                    G. Specialized major equipment such as :
                         a. Carbon-nitrogen-sulfur analyzer_Y_
                         b. Particle counter Y
                         c. Liquid scintillaii-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 siz@_(h.@.)_40
                         c. Carrying capacity(lbs.)_1800

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


                                        95


I.  Field Hydrological Monitoring:
	a.  Fixed station, continuously-recording the
	guage Y
	b.  Portable water level recorder Y
	c.  Fixed station, continuously-recording current
	meter Y
	d.  Portable flow meter Y
	e.  Fixed station, continuously-recording
	salinometer Y
	f.  Portable salinometer, refractometer Y
	g.  Fixed-station, continuously-recording
	thermomemter Y
	h.  Portable dissolved oxygen meter Y
	i.  Portable pH meter Y
	j.  Secchi disks Y
	k.  Water collection bottles (Niskin, Kemmerer) Y
	l.  BOD sampler Y
	m.  Other Fixed station continuously recording dissolved

		oxygen meter

J.  Field collection gear:
	a.  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.  Plants & animal collection Y
O.  Trails Y
P.  Shelter 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.  Vehicles ATV's
Z.  Tractors Lawn mower Snow removal
AA. Heavy equipment
AB. Fuel storage Y



96





                     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 are expected during the
             detail  design phase.




              (see figures 8 - 13 for alternative conceptual plans).




























                                          97






















                                                                                              1        2
































                            WILDING MATERIALS KEY

                             Wells             Root

                          brick/stucto Wood/Asphalt SbOtsle
                         Wood/Stucco    Standing Seem Metalt                                         FIGURE       8
                                           Asphalt Shingle
                                                                                 DNERR Education and              Researcb Center
                                                                                        Mternative Conceptua) Plan
                                                                                                     (Exterior)

























                                                                                                               2













                                                                                                                                                                                           Z


                                                                                                                                                                                        z











                            BUILDING MATERIALS KEY
                   Block     Wells              Root

                     I   Brick/Stucco WODIJ/Asphall Shingle
                                                                                                            FIGURE 9
                    2    Wood/Stucco    Standing Seam Metal/
                                           Asphalt Shingle
                                                                                       DNERR Education and Research Center
                                                                                              Alternative Conceptual Plan
                                                                                                           (Exterior)







                                                                                                                         FIGURE 10

                                                                                           DNERR Education and Research Center
                                                                                                    Alternative Conceptual Plan
                                                                                                              (Preliminary site)




































            Moeckel Carbonell                                                                                                            PRELMIINARY SITE                                                               DEPARnIENT                OF
           Associates Inc.                                                                                                               PLAN                                                                           NATURAL RESOURCES
                                                                                                                                             50'-W
                                                                                                                                                                                                                        Delaware NalioOll
           Architects                                                                                                                                                                                                   E s iu at in e Re j c if c h
                                                                                                                                                                                                                        R
                                                                                                                                                                                                                          c   r
                                                                                                                                                                                                                              -tv  C








                                                                                                                                                       Moeckel Carbonell
                                                                                                                                                       Associates Inc.

                                                                                                                                                       Architects



































                                                                       two..  4-1.1w
                                                                                    -1     L
                                                                                                                                                       PRELIMINARY FIRST
                                                                                                                                                       FLOOR PLAN
                                                                                                                                                       1116' - 1'-0*












                                                                        FIGURE 11
                                                   DNERR Education and Research Center                                                                 DEPARTMEN'r       OF
                                                                                                                                                       NATURAL RE'SOMWES
                                                         Alternative Conceptual Plan                                                                   D  I
                                                       (Preliminary first floor plan)                                                                  E S I a i c R
                                                                                                                                                       R e s c i v c






                                                                                                                                         Moeckel Carbonell
                                                                                                                                         Associates Inc.
                                                                    FIGURE 12                                                            Ai-cliiteds

                                                 DNERR Education and Research Center
                                                       Alternative Conceptual Plan
                                                     (Preliminary second floor Plan)







                             I L L- I I
                                         W1,,6 Mtn                  agnif                   nsftly











                                                                                                                                         PRELIMINARY
                                                                                                                                         SECOND FLOOR PLAN
                                                                                                                                         AND ELEVATIONS









                                                                                                            V
                                                                                               .17[



                                                                                                                                         DEPA-RTMENT     OF
                                                                                                                                         NATURAL RESOURCES
                                                                                sn-







                                                                                                                                         D e 1 4 w a f c N Io n
                                                                                                                                         E 8 t U a f I n C R Ch









                                                                                          FIGURE 13


                                                                   DNERR Education and Research Center
                                                                          Alternative Conceptual Plan
                                                                    (Alternative one story floor plan)














                                       arm


                                                       -00       .0" "W

                                       SRO                          "W      T
                                                 4va 0. am MOM" 4w                           ,ftg

                                                                                             'Ifti





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              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 3 to 4 individuals assigned per room. 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.


         Conseguences of Not Funding

              The major concern if funding is not obtained is the means by
         which required scientific research and education can be
         effectively achieved. The current building is suspect in relation
         to building and safety standards. Existing staffing is already
         beyond available facilities (Staff Scientists are operating out
         of their homes and briefcases). The efficiency of DNREC's Fish
         and Wildlife scientific expertise will continue to be compromised
         at the expense of our diminishing natural resources.

              The lack of required matching funds will prevent the
         opportunity to maximize DNREC's natural resource management
         expertise and the need to meet the demands for information and
         solutions to coastal resource degradation that decision makers
         require.
              There is no other state-owned space available in the central
         state area. Due to the specific use of this facility for coastal
         education, research, offices, labs, and habitat access there is
         no lease/purchase or long-term lease arrangement available and
         cost effective.





                                     104






                  major renovations and addition to the Stone Tavern are not
             feasible due to insufficient land, historic status of the
             building, and high renovation cost that would apply to any retro-
             fitting of an existing structure that this project would entail.
                  Alternative locations outside the boundaries of the DNERR
             components would not be eligible for federal assistance.


             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 casual 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
             visitors that have more than a casual interest in estuarine
             management and uses.

                        2. Costs


             Education  and Research Center

                        Architecture/Engineering   ..................... $ 165,000
                        Construction  .................................    2,500,000
                        Contingency  ..................................      100,000
                        Furniture ....................................       50,000
                        Telephone Equipment   ..........................     10,000
                        Computers ....................................       50,000
                        Laboratory Equipment   .........................     115,000

                        TOTAL  ........................................  $2,990,000



             Visitors Barn Expansion

                        Architecture/Engineering   ..................... $     9,000
                        Construction  .................................      100,000
                        Contingency  ..................................        5,000
                        Furniture ....................................         2,000
                        Displays  ......................................     10,000

                        TOTAL  ........................................  $ 126,000










                                           105







                       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) - In order to achieve this
           desired location, the structure will be in or near the 100 year
           flood zone and near the effects 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
           flood elevation. The Center will be located within the historic
           Dickinson Plantation. A section 106 Pre-construction Historical
           and archaeological investigation will be performed. Any historic
           or pre-historic sites that may be disturbed by the construction
           of the Center will be mitigated.

                 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.


                 C. SCHEDULE FOR CAPITAL IMPROVEXENTS


           Years:



                 YEAR 1


                 Education and Research Center
                       Design & Engineering     .........................    $ 165,000
                 YEAR Z                                                                           I
                 Education and Research Center
                       Site Preparation & Construction       .... oo.o ......  $1,500,000

                 Visitors Barn
                       Design & Engineering     ....... o...............            9,000

                 YEAR _3

                 Education and Research Center
                       Construction, Furniture & Equipment        ...o......  $1,325,000

                 Visitors Barn
                       Site Preparation & Construction,
                       Furniture & Displays-      ............    .......         117,000


                                             106













                  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


             VisitoLs  Barn Expansion

             Annual operating Costs

                        Maintenance  ................................... $    1,000
                        Energy ...............................                1,500
                        Roads & Grounds ......................                   500
                        Custodial  ....................................       11000

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




























                                           107







                                       DNERR EDUCATION AND RESEARCH FACILITY
                                                  Total/State/Federal
                                         SCHEDULE FOR CAPITAL IMPROVEMENTS
          Years:


                                                                           TOTAL        STATE         FEDERAL



               YEAR I


               Education and Research Center
                    Design & Engineering   ......................... $ 165,000          100,000        65,000
               1992


               Education and Research Center
                    Site Preparation & Construction    .............. $1,500,000        750,000       750,000

               Visitors'Barn
                    Design & Engineering   ......................... $     9,000         -0-            9,000

               1993


               Education and Research Center
                    Construction, Furniture & Equipment    .......... $1,325,000        706,000      619,000

               Visitors Barn
                    Site Preparation & Construction,
                    Furniture & Displays   ......................... $ 117,000            60,000      571000



                                                     TOTALS          $3,116,000       1,616,000    1,500,000


               State and Federal dollars subject to available funds.







               XVI. OTHER ALTERNATIVES CONSIDERED

                  In addition to the preferred alternative, other alternatives
             are discussed, including no action, alternative sites,
             alternative boundaries, and alternative management strategies.

                     A. NO ACTION ALTERNATIVE

             Under the no action alternative, the Delaware NERR designation
             would not be pursued. The St. Jones River and Blackbird Creek
             sites are still listed in the Delaware state-wide land protection
             program, however other funding and management approaches would
             have to be devised to protect the current values of these
             estuarine sites.


                     B. ALTERNATIVE SITES

                 several other sites were considered, however these were
             rejected in favor of the proposed DNERR St. Jones River and
             Blackbird Creek sites because of their representative ecological
             diversity of the Middle Atlantic region, compatible land uses in
             the buffer areas, and the willingness of the private landowners
             to participate in the development of the DNERR.

                     C. ALTERNATIVE BOUNDARIES

                  Alternative minimum boundaries, that encompase regional
             representative ecological units, for the proposed Reserve are
             considered, however the preferred boundaries encompass entire
             watershed units and thus are the most desirable.


                     D. ALTERNATIVE MANAGEMENT STRATEGIES

                  Alternative management plan options were considered,
             including establishing management of the Reserve within one of
             the Divisions of DNREC. The uniqueness of the proposed DNERR
             requires management responsibilities of the Divisions of Fish and
             Wildlife, Parks and Recreation, Soil and Water Conservation, and
             Water Resources within DNREC. Therefore it is logical for DNREC
             Department Management to be the lead agency that will coordinate
             with its Divisions, the Department of State"s Division of
             Historical and Cultural Affairs and the many other agences and
             organizations that will be involved with the operations of the
             Reserve.


                     E. ALTERNATIVE FACILITY LOCATIONS

                  The location of the Education and Research Center was
             another alternative. considered. The St. Jones River site is the
             preferred location due to its proximity to DNREC Headquarters and
             other support group offices and facilities. The limiting factors
             for the siting of the Center within the St. Jones component are
             the hazard and noise zones of the Dover Air Force Base and the
             availability of suitable uplands, both of which should be able to
             be agreed upon to the satisfaction of all concerned parties.


                                         109







         XVII. 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


                                    110






             mid-1960's. 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 aerial ly-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 drain-ad at low tide.     Almost all tidal wetlands
             in Delaware have been parallel-grid-ditched, as has 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 sewage into the St. Jones River had ceased by the 1980's.
             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






          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 et 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.



                                     112







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                                                                                                                      Lower        St. Jones River DNERR Component, from the
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                    2. Fauna

               The Lower St. Jones River site is the proposed 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 possible 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
         birds, and song birds.      Particular importance is attached to
         black duck, mallard, gadwall, bluewinged teal, wood duck,
         bobwhite quail, ringnecked pheasant, American woodcock, and
         mourning dove 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 just
         east of the proposed 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 proposed 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 proposed 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 proposed
         component.    Six species of turtles, several types of snakes,
         frogs and toads, and salamanders have been found, 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.


                                      114






                  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.

                  @g. 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.



                                         115






               As a result of this survey, significant archaeological sites
          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/ identif icat ion 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/surface 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

                                       116











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                                                 FIGURE 15

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


                  LOWER ST. JONES SITE
              E3 LOWER ST. JONES NECK HISTORIC DISTRICT
                   A r% I A ^@& rr nr2i W Ar= 1 101 A Kin






         processing and redistribution of argillite in the early Woodland
         I exchange network.

              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


                                     118




                                i


              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
              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-F-86, 7K-F-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 Il 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


                                          119






          Dickinson Plantation and Mansion, on the north side of the St.
          Jones River and east of Rt. 113, is within the boundaries of the
          proposed 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 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
          Agricultura 1-Conservat ion 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 last January.      All future requests for borrow pit
          operations in Kent County have been suspended from consideration
          until the County formulates and implements new regulations for
          the siting and operation of borrow pits.

               The two borror pit operations will be completely outside of
          the maximum boundaries identified for the St. Jones component.
          Only the Wetlands portions of the Industrial -General zoned
          parcels have been considered for inclusion in the 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 proposed DNERR component's buffer area
          is within the "Accident Potential Area" identified by the Base,
          and all of this area within the proposed component is west of Rt.
          113.  An upland area within the Reserve boundaries east of Rt.
          113 is the most probable location for a visitors center and
          support facilities, and is not within a "High Noise Areall
          (greater than 75 db) as identified by the Base, although a
          portion of this location may be in a lower "Noise Level Area"
          (70-75 db). However, this identification as a lower "Noise Level
          Area" is not uncommon for much of the residential areas of Dover.

               The predominance of the Agricultural-Conservation zoning
          over several thousand acres of the proposed 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.



                                      120










                                                                                                                                                       FIGURE 16

                                                                                         EAST DOVER HUNDRED                        Land use and zoning witin the
                                                  306.5                                                                     Lower St. Jones River DNERR Component


                                        144.0                           264.7
                                                                                 -     95.4                                   12.0  2.5         1-.3-
                               100.0                                           23.0              13.0                                           -5.3
            NORIII                                                  40.0                                                                        8.4
             M11HOERKII I-
             HUNDRED          177.2               363.0                   100.0                249.8         233.5                          -12.0


                                                     10.0--                            90.0                                                                                   N
                                                                                                                        470.8

                                                         51.0
                                                                        43.5                        80.2
                                                              4.4








                                                                                         996.4
                               MAGNOLIA                                      1.2                                                         4 River



                                                                                76.9


                                                                                                                   543.3
                                                                               366.4
                                                                                                 75.0
                                SOUTH
                                MURDERKIII                                               55.8
                                HUNDRED                                                                                                   LOWER ST. JONES
                                                                                                                                                    Scole Iri feet








         UPPE 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 f eet
         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.

              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 proposed 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.



                                    122








                       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.


                     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
             Delaware's Wetlands and Estuarine Resources (Daiber et 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 (Phracrmites
             australis).   other associated species found at slightly higher
             elevations are saltmeadow cordgrass (Spartina patens) , big
             cordgrass (Spartina cynoguroides), 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 proposed Reserve
             component.

                  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 12alustris), three-squares (Scirpus
             spp.), cattails, ( = ha spp.), wild rice (Zizania aquatica),
             arrow-arum (Peltandra virginica), 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
             (Ouercus alba), southern red oak (Quercus falcata), post oak
             (Ouercus stellata), loblolly pine (Pinus taeda), red maple (Acer
             rubrum '), sweet gum (Liquidambar styraciflua), American holly
             (Ilex ORaca), black cherry (Prunus serotina), sassafras
             (Sassafras albidum), flowering dogwood (Cornus florida), tulip
             poplar (Liriodendron tulinifera), arrowwood (Viburnum spp.), and


                                          123







         blackberry (R_ubus 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 proposed 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 proposed 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 in terms 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 period-s, 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,
         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 proposed
         Reserve.    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 mudflats 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.











                                      124



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                                        IR                                                                                                             FIGURE 17
                     PFO
                                                                                                                       Wetlands classification within the
                                                                            OIC                         Upper          Blackbird creek DNERR Component, from the
                                                                                                                       USFWS's National Wetlands Inventory
     L 1.







              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 tesselated 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.


         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).


                                      126







             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 f ew 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
             are few landforms, which extend above the 50 ft. contour interval,
             while to the west topographic highs above 50 ft. 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 found on
             landforms above the 50 foot contour interval and are adjacent to
             bay/basin features.    East of the confluence 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.






                                          127







                                                FIGURE IS

                       Historical and Cultural characteristics of the
                             Upper Blackbird Creek DNERR Component


                                                                                7-, -
                                                         9                                  APPOCUINUNK
                                                                                               NILDL.IFT
                           UPPER                                 ,.Orr
                                                                                                .;R&k


                                                      VER 4ILL
                     BLACKBIRD                        ;ARM

                                                                        e. -7:
                                                                       Ing                       S_




        'Oxon


                                                        Sturnoi                                  7.:
                                                             er                Y.nSLAND
                                  12                                              GMT
                                                                            RANGE
                                    ;me 7ree Ccmers
                                                                                    7 aytcrs.aridge@-
                                                                             .7@                   . .......
                                                              U9



                    In       er

                                      Comer
                                    oba UNION
                                  WETHOOIST










                                                               466                        Long
                                                                                                 491"
                                                                                         Bridge
                                 411                                     45    Im
                         491i)                       461
                                                                             -armdersvifle
                                             51

                                     170     495



                                                                        43

                                                                                           F-aides Nest z



             13 UPPER BLACKBIRD SITE
             13 ADJACENT UPLANDS
                   DOT SURVEY AREA






                  In their analysis of the DeIDOT 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 or 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
             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

                                          129






         the floodplain rather than the uplands (Custer and Bachman
         1986:128, 1441 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) for 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 proposed 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 proposed
         operation of a DNERR component. Land use codes on Fig. 16 range
         from vacant lots to campgrounds to cropland as follows:

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

                                      130









                                                                                                                 FIGURE 19


                                                                                                Land use and zoning within the
                                                                                            Upper Blackbird Creek DNERR Component


                                                                              %P







                                                                                                                              117
                                                                                                  C
                                                                                                   0.
                                                                                                            49














                                                      .................. I...



                                                                .. .......









                                                                         UPPER BLACKBIRD

                                                                            OW  -  VAW IMM
                                                                            001 -  ASSOMWO PMCD, %fXW OR WM
                                                                                   AUXILIM MWOMMMI
                                                                            Oil -  OHE FAMY PLATIEO
                                                                            015 -  ONE VAY&Y UNPLATIEO
                                                                            134 -  CMAPGROUNOS
                                                                            901 -  CROP
                        Co.                                                 902 -  fUtM/AVOOMAND
                                 465                                        90  -  0M






          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
          community" for urban workers commuting to Wilmington, Newark 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. Since the upper end of the proposed
          Reserve is at Rt. 13, the Relief Route will be placed 1000 feet
          inside the proposed boundaries of the Reserve. Discussions with
          the Delaware Department of Transportation (Division of Highways)
          indicate that most of the evironmental 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 a proposed Reserve river
          corridor of 5.7 miles, about 3.3% of the corridor would have been
          encroached, but the type of upstream habitat altered by the new
          route is still well represented throughout a ouple         of miles
          downstream from the project.

               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 proposed 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 proposed 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.












                                      132








            XVIII. ENVIRONMENTAL CONSEQUENCES OF THE PROPOSED DNERR


                 A. GENERAL

                 Establishment of the proposed Delaware National Estuarine
            Research Reserve will have a net positive impact on both the
            natural environment and the human environment.

                 Negative impacts of the construction of the Estuarine
            Education and Research Center and associated public access
            facilities will be minimized by proper and informed site
            selection and construction details under the highest regard for
            the natural environment.

                 The primary impact on the natural environment will be long-
            term protection of the natural resources of the Reserve, such as
            the natural biota and their habitats. This is an obvious positive
            impact. Impacts of the education and research programs will be
            positive because they will supply information which will lead to
            better management of estuarine resources. Impacts on water
            quality will be positive in the buffered core areas and positive
            to negligible in other areas.

                 Impacts on the human environment include mostly positive
            impacts. Scientific and educational benefits will be positive.
            Traditional uses of the Reserve's land and water areas will not
            be hampered, and may be enhanced. Effects on employment will be
            negligible. Minor negative fiscal impacts may occur due to
            decreased tax revenues. Infrastructure impacts will be minor.
            Aesthetic impacts will be positive. Cultural resources are
            protected by the management plan with most impacts being positive
            with some construction impacts being mitigated.


                 B. SPECIFIC IMPACTS


                       1. Construction

                 The construction of the Education and Research Center along
            the  St. Jones River will take place on a small area of existing
            cleared upland with the most sensitivity to the adjacent wetlands
            and woodland fringe. The location of the Center is between two
            airforce approach runways, however not within accident potential
            zones or high noise areas. Other construction (such as
            construction of boardwalks, trails, docks, observation decks, or
            parking lots) may take place over a broader area of the Reserve,
            but will be minor. and unobtrusive and will cause minimal
            disturbance. overall impacts from construction will be
            negligible. Necessary permits and agency approvals will be
            obtained with the intent to. demonstrate the best methods to
            reduce potential negative impacts.




                                        133







                   2. Visitor Use

             Visitor use is expected to increase due to the formation of
        the Reserve. The proposed action will result in more visitors for
        education and to a lesser degree research and allowed traditional
        uses. Designation may decrease the number of illegal activities
        in the two components.

             The John Dickinson Mansion and visitors barn planned
        expansion for DNERR is expected to receive the walk-in visitors.
        The visitors barn is on a controlled ten acre site operated by
        the State Bureau of Museums and Historic Sites.

             The anticipated visitors to the Reserve    due to the newly
        formed Education and Research Programs will not cause significant
        negative impacts an the natural environment because: 1) these
        visitors will be directed away from sensitive areas of the
        Reserve; 2) groups of visitors will be well supervised; and 3)
        these visitors will be oriented to the fragility of the Reserve's
        resources before use. The designation of the Reserve should not
        affect the number of visitors for traditional legal activities,
        such as hunting and fishing. Designation may have a positive
        impact by decreasing poaching, littering, vandalism, driving of
        off-road vehicles, and other harmful   activities in the Reserve.
        These activities may decrease due to: 1) education of the local
        communities about the fragility of    estuarine systems and the
        purpose of the Reserve; and 2) the presence of staff,
        researchers, and education visitors on the sites.

             Public access policies will be developed, implemented and
        enforced. These restricted access policies will serve to control
        visitor use. Any environmental effects of visitors to the Reserve
        will be carefully monitored. The carrying capacity for visitor
        use at each component will be determined. Exceeding the carrying
        capacity could have significant negative impacts on the natural
        and human environment of a site. Visitor use will be monitored
        and access policies will be enforced so that the carrying
        capacity will not be exceeded. Only visitor use which has minimal
        effects on the environment will be permitted.


                  3. Impacts on the Natural Environment

                       a. Wetlands# Uplands and Open Water/Habitat

             Establishment of the proposed DNERR would ensure long-term
        protection of the wetland, open water, and upland areas which are
        the productive habitats of diverse flora and fauna populations.
        This will have significant positive impacts on these habitats.
             Education and research programs will have a net positive
        effect on habitats. The programs will be managed so as to cause
        minimal disturbance to the environment. They will increase
        knowledge and understanding of estuarine systems leading to
        improved care and management of these valuable habitats.


                                   134







                  As previously detailed, construction and visitor use will
             have negligible effects.

                            b. Biota

                  The long-term protection of habitats ensured by designation
             of the proposed DNERR will serve to benefit the natural biota.
             Monitoring of rare and endangered species may lead to State or
             national protection measures which will benefit these species.
             Government regulations and owner policies dealing with the
             harvesting of natural resources (e.g. hunting, fishing, and
             zoning regulations) will not be changed by designation. Overall
             the impact on the biota will be positive.

                            c. water Quality

                  Impacts on water quality will be positive in some areas and
             negligible in others. Protection of the wetlands in the Reserve
             ensures the continued buffering action of wetlands. Protected
             wetlands will help to maintain or improve water quality by
             decreasing sediment, nutrient and chemical loads in open water
             areas. Updating and improving conservation plans, including Best
             Management Practices (BMP's) for non-point sources of pollution,
             on buffer areas will also improve water quality. The plans for an
             on site waste disposal system for the DNERR Education and
             Research Center will be carefully reviewed to ensure that the
             effects of the system on water quality are negligible. Water
             quality monitoring will be a major part of the research and
             monitoring programs of the Reserve. This monitoring may lead to
             better management practices in the future which should continue
             to improve water quality.


                       S. Impacts on the Human Environment

                            a. Scientific and Educational

                  Designation of the Reserve will make a valuable resource,
             protected field laboratories, available on a long-term basis to
             local public and private research organizations and institutions.
             Education programs will benefit the State and region by providing
             opportunities for groups and individual citizens to increase
             their awareness, understanding of estuarine systems and
             participation in the protection of them. Sound, informed coastal
             management decisions resulting from dissemination of research
             results to coastal managers and users will benefit the local
             community, the State, the region, and the nation.

                            b. Traditional Uses

                  The establishment of the proposed estuarine Reserve will not
             restrict traditional uses of the environment and it may enhance
             these uses. For example , improved water quality resulting from
             protection of the Reserve may enhance fishing activities.


                                        135






         Designation will also provide long-term assurance that natural
         resources and benefits of the area will be available for future
         use and enjoyment.

                        c. Employment

             No jobs will be eliminated by the designation of the
         Reserve. A few permanent full or part-time jobs may be created,
         such as the estuarine educator, realty specialist, aquatic
         educator, and other on-site staff. Temporary employment will be
         provided during the construction of the DNERR Center and other
         facilities. overall effects on employment of the local community
         are negligible.

                        d. Public Participation

             Designation of the Reserve creates excellent opportunities
         for local citizens to become aware of and involved in decisions
         and programs affecting the Delaware Bay and other estuaries of
         the Mid-Atlantic region. Volunteers, students, and advisory
         committee members gain greater understanding of estuarine
         systems, the problems facing them, and policies and programs
         designed to help them. In return, they provide valuable new ideas
         and solutions and provide the time and energy to implement some
         of them. The Reserve programs will provide citizens with the
         opportunity to gain tremendous satisfaction and gratification by
         contributing individual knowledge and talents to the collective
         effort of understanding and protecting our precious estuaries.

                        e. Fiscal

             The existence of a National Estuarine Research Reserve in a
         community could have positive impacts on the value of lands
         abutting the sites. As the amenities of the estuary are
         preserved, the adjacent properties may become more desirable and
         valuable.

             The designation of DNERR may cause some tax revenue losses
         as properties are bought and conservation easements are placed on
         privately owned lands.

                      f. infrastructure: Public Roads and Parking Areas,
               Potable Water Supplies, Sever Systems, and Energy Supplies

             The construction of a public access road, parking lots,
         water well, on-site sewer system, electric and telephone lines
         will need to be provided to the Education and Research Center.
         Although the Center will be only six miles from the urban center
         of the State Capitol,. its proposed site is nearly one mile from
         the nearest public road'I  telephone and electric services. All
       .infrastructure listed above is proposed to take place on
         currently cleared upland areas which will cause the minimum
         negative impacts to the surrounding environment.



                                    136








                         g. Aesthetic
                 Designation of the Reserve will protect the existing natural
            beauty of the lower St. Jones River and the upper Blackbird
            Creek, and will make this beauty more available to the
            surrounding communities through public access. The St. Jones
            River, from the Bay through the City of Dover, has been nominated
            as a State model greenway. Reserve interpretation and education
            programs will enhance the public's awareness and appreciation of
            the aesthetic as well as the practical values of estuaries. Many
            education activities will use a multisensory approach, helping
            people to gain familiarity with and enjoy the resources of the
            estuary through seeing, hearing, smelling and feeling. Passive
            enjoyment activities, such as watching and listening to birds or
            sketching estuarine scenes, will be encouraged. Designation will
            have a significant positive impact on aesthetics.

                         h. Cultural Resources

                 Cultural resources such as historical and archaeological
            sites and artifacts will be protected and enhanced. These
            resources will also be made more available to the public through
            education programs. Designation of. the Reserve will have a
            significant positive impact on cultural resources.

                         i. Public Access

                 Public access for educational, observational and other
            passive activities will be promoted through the construction of
            the DNERR Center, trails, boardwalks, and observation points and
            the provision of boats for education and research programs.
            However, access to the Reserve will be monitored and controlled
            and access policies will be implemented and enforced. Designation
            will have a positive effect on public access.

                 c. Irreversible or Irretrievable Commitment of Resources

                 No resources will be irreversibly or irretrievably lost. On
            the  contrary, designation of the proposed DNERR will provide
            long-term protection of their natural and cultural resources.


                 D. Possible conflicts Between the Proposed Action and the
            objectives of Federal, State, Regional and Local Land Use Plans,
            Policies, and Controls for the Area Concerned.

                 The establishment of the proposed DNERR will not be in
            conflict with the objectives of federal, state, regional, or
            @ocal land use plans, policies, and controls. The proposed action
            is consistent with all relevant regulations. The Reserve will
            cooperate with all federal, state, and local agencies whose
            jurisdictions affect the proposed DNERR sites and comply with
            their regulations. All necessary permits and agency approval will
            be obtained for Reserve construction and other activities. The
            proposed Reserve is crossed by flight tracks of the Dover Air


                                        137






         Force Base. However, the development of the Center and operations
         of the Reserve is consistent with the Base's Air Installation
         Compatible Use Zone study especially concerning accident
         potential zones and noise level areas. The Reserve's intent is to
         preserve the habitats, not increase attractions for birds that
         could cause problems with aircraft engines, therefore consistent
         with the policies of the Department of the Air Force.

         Local Activities Which May Effect Sites

              The U.S. Route 13 relief route has the largest potential for
         effecting areas immediately adjacent to the Reserve boundaries.
         There are 3 primary activities associated with the relief route
         that will need to be monitored closely: 1) The construction of
         the highway adjacent to the upper reaches of the Blackbird Creek
         component; 2) The existing and potential sand and gravel borrow
         pit operations adjacent to the upper reaches of the St. Jones
         River component; and 3) The potential commercial and residential
         development that accesses to the controlled highway planned near
         the proposed Reserve's components could have on the DNERR
         programs. The defined boundary alternatives considered these
         potential conflicts, therefore boundaries are located and include
         buffer areas adequate to preserve the integrity of the key land
         and waters for their long term research and education values.

              The DNERR management plan clearly emphasizes coordination
         and cooperation with existing local, state, regional, and federal
         estuarine programs and with local and state education systems.



























                                    138









             XIX. ACKNOWLEDGEMENTS


                    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
             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
             Tony Pratt                 Division  of Soil and Water Cons., DNREC
             Shirley Bowden             Delaware  Assosiation of Cons. Districts
             Daniel Griffith            Delaware  Div-of Hist. and Cult. Affairs
             Cheryl Graham              NOAA/SRD/NERRS


                     B. SUPPORT SERVICES

             Deborah Bell               Division of Parks and Recreation, DNREC
             Aren Wright                Division of Parks and Recreation, DNREC
             Georgia Vaughan            Division of Parks and Recreation, DNREC
             Maryellen Brown            Management and Operations, DNREC
             Ella Hand                  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




















                                           139







                D. DNERR ADVISORY COMMITTEE XEMBERS

        Joseph Abele              New Castle County
        Grover Biddle             Delaware Development Office
        Cara Blume                Division of Parks & Recreation, DNREC
        Paul Bradley              Blackbird DNERR Landowners Assoc.
        Howard Brokaw             Delmarva Ornithological Society
        Joan Brown                Division of Parks & Recreation, DNREC
        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
        Ed Cregar                 City of Dover
        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
        Kevin Donnelly            Delaware Dept. of Agriculture
        Susan Durden              Sanctuaries & Reserves Division, NOAA
        Lee Emmons                office of the Secretary, DNREC
        Bill Fintel               Sussex Bird Club
        John L. Gallagher         University of Delaware
        James Gawthrop            St. Jones DNERR Landowners Assoc.
        Tim Goodger               NOAA, NMFS
        Cheryl Graham             Sanctuaries & Reserves Division, NOAA
        Dan Griffith              Delaware Div. of Hist. & Cult. Affairs
        Kyle Gulbronson           Kent County
        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
        Betty Homan               Daughters of the American Revolution
        Bill Hopkins              Division of Parks & Recreation, DNREC
        William Hubbard           Delaware Bass Federation
        David Hugg III            office of the Secretary, DNREC
        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
        Albert Matlack            Society of Natural History of Delaware
        Bill Meredith             -Division of Fish & Wildlife, DNREC
        Rob McKim                 The Nature Conservancy
        Philip A. Messina, Jr.    Del. Saltwater Sportsmen Assoc.
        Jonathan Xick             Delaware Watermen's Assoc.
        Roy Miller                Division of Fish and Wildlife, DNREC
        Bill Moyer                Division of Water Resources, DNREC


                                    140






             Jim O'Neill              Division of Parks & Recreation, DNREC
             Matt Parker              U.S. Air Force
             Grace Pierce-Beck        Delaware Audubon Society
             Tony Pratt               Division of Soil & Water Cons, DNREC
             Gordon Price             Del. Mobile Surf-fishermen, Inc.
             Skipper Purnell          Friends of Dickinson Mansion
             Francis Remley           Kent County Archaeological Society
             Michael E. Riska         Delaware Nature Society
             Leah Roedel              Del. River & Bay Shoreline Committee
             Chas Salkin              Division of Parks & Recreation, DNREC
             George H. Sapna  II      Ducks Unlimited - Delaware
             Dave Saveikis            Division of Water Resources, DNREC
             John Schneider           Division of Water Resources, DNREC
             David Small              Office of Information and Ed, DNREC
             Jim Stewart              Del. Div. of Hist. & Cult. Affairs
             David Truesdale          Blackbird DNERR Landowners Assoc.
             Joe Uravitch             Sanctuaries & Reserves Division, NOAA
             Ron Vickers              Division of Parks & Recreation, DNREC
             William Wagner           Division of Fish and Wildlife, DNREC
             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 DNERR Landowners Assoc.
             Robert Zimmerman         Division of Water Resources, DNREC





             XX. DISTRIBUTION LIST OF DEIS/DXP


                  The following is a list of the agencies, organizations, and
             persons receiving copies of the DEIS/DMP:

               Feder    Agencies

               - Advisory Council of Historic Preservation
               - Deparment of Agriculture
               - Department of Commerce, National Marine Fisberies Service
               - Department of Defense
               - Department of Energy
               - Department of Health and Human Services
               - Department of Interior, Fish and Wildlife Service
               - Department of Justice
               - Department of Labor
               - Department of Transportation, Coast Guard
               - Department of Transportation, Federal Highway Administration
               - Environmental Protection Agency
               - Federal Energy Regulatory Commission
               - General services Administration
               - Nuclear Regulatory Commission




                                         141







           congressional

           - Senator William V. Roth, Jr.
           - Senator Joseph R. Biden, Jr.

           - Representative Thomas R. Carper


           State officials


           - Governor Michael N. Castle

           - Senator Nancy W. Cook
           - Senator Ruth Ann Minner
           - Senator John C. Still III
           - Senator William C. Torbert
           - Senator James T. Vaughn

           - Representative Edward Bennett
           - Representative Gerald Buckworth
           - Representative George V. Carey
           - Representative G. Wallace Caulk, Jr.
           - Representative Philip Corrozi
           - Representative Bruce Ennis
           - Representative E. Stuart
           - Representative Roger Roy
           - Representative Steven C. Taylor


           State Agencies

           - 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


           Kent and New Castle.Count Governmgnts

           - Executives, Planning, Parks & Recreation Boards & Departments

           - Kent and New Castle Conservation Districts

           Local Federal and City Agencies



                                     142







               - Bombay Hook National Wildlife Refuge
               - U.S. Soil Conservation Service
               - U.S. Army Corps of Engineers, Phila. District
               - Dover Air Force Base
               - City of Dover, Mayor, Recreation and Planning offices

               Academic Community

               - Delaware State College
               - University of Delaware
               - University of Delaware, Sea Grant Program
               - University of Delaware, College of Marine Studies
               - University of Delaware, College of Agriculture
               - Wesley College
               - University of Maryland, Eastern Shore

               Libraries

               - Dover Public Library
               - Delaware State Library
               - Milford Public Library
               - Smyrna Public Library
               - Appoquinimink Public Library
               - Corbit-Calloway Library
               - New Castle Public Library

               Other Interest Groups

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

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

                 Historical Societies
                  A. New Castle Historical Society


                                        143







               B. Kent County Archaeological Society
               C. Friends of Dickinson Mansion
               D. Daughters of the American Revolution

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

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

           - Chesapeake Bay NERR in Maryland











































                                     144








               XVI. BIBLIOGRAPHY

               Belknap, D. F. and J. C. Kraft        1977.    Holocene relative sea-
                 level chancles and coastal stratiaraphic units on the northwest
                 flank of the Baltimore Canyon aeosyncli                  Journal of
                 Sedim ntary Petrology 47(2):610-29).
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                 Management. Univ. of Minnesota Press, Minneapolis. 138 pp.
               Chura, M. (chairman) 1990. Greenspace for Delaware's Future:
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                 Control, Dover. 52 pp.

               Crofts, M. (program coordinator) 1989. Fiscal Year 1989 Work Plan
                 for the Delaware Estuary Program.           Delaware Dept. Natural
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               Cunningham, Kevin, J. W. Martin, and J.L. Calvert               1980. A
                 Preliminary Cultural Resources Reconnaissance gf the Proposed
                 Dualization of U.S. Route 113 Little Heaven to Dover AFB, Kent
                                                                        Department-of
                 County, Delaware.         bmitted to Delaware
                 Transportation      and Delaware Department of       Historical and
                 Cultural Affairs, Dover.

               Custer, Jay F.       1983.    Analysis. of Collections from Three
                 Barker's Landing Sites, Kent County. Delaware.         University of
                 Delaware Center for Archaeological Research Report # 3.
                 Newark.


               Custer, J.F. and G. J. Galasso. 1983. A prehistoric
                 archaeological survey of the St. Jones and Murderkill
                 drainages,     Kent    County,     Delaware.     Bulletin    of     the
                 Archaeological Society of Delaware 14 New Series. pp. 1-18.

               Custer, J.F. and D.C. Bachman. 1986. An archaeological planning
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                 New Castle County, Delaware. DelDOT Archaeology Series No. 44.
                 Delaware Department of Transportation.

               Custer, Jay F.       1989.    Prehistoric Cultures ot the Delmarva
                 Peninsul&: An Archaeological Study.         University of Delaware
                 Press: Newark.

               Daiber, F.C. 1986. Conservation of Tidal Marshes. Van Nostrand
                 Reinhold Co., New York. 341 pp.

               Daiber, F.C. -et -al. 1976. An Atlas of Delaware's Wetlands and
                 Estuarine Resources. Delaware Coastal Mgmt. Program, Tech.
                 Rept. No. 2. Delaware State Planning office. College of Marine
                 Studies, Univ. Delaware. 528 pp.

               Delaware Dept. of Natural Resources and Environmental Control.
                 1989. Annual Report:      Non-Game and Endangered Species Progra


                                             145






           and Natural Heritag Program.     Division of Fish and Wildlife,
           and Division of Parks and Recreation, DNREC, Dover, Delaware.
           21 pp.

        Delaware Division of Historical and Cultural Affairs. 1972.
           Huguenot House National Register Nomination. Dover, Delaware.

        Delaware Division of Historical and Cultural Affairs. 1978.
           Historic Resources of St. Jones Neck National Register
           Nomination. Dover, Delaware.

        Delaware Division of Historical and Cultural Affairs 1978.
           National Register Nomination for St. Jones Neck Archaeological
           District.  Manuscript on file, Delaware Division of Historical
           and Cultural Affairs: Dover.


        Delaware Division of Parks and Recreation. 1984. Delaware
           Outdoors: A Comprehensive Plan for Meeting Delaware's Outdoor
           Recreation@_l Needs and Conserving the Environment.         State
           Comprehensive Outdoor Recreation Plan, Division of Parks and
           Recreation, Delaware Dept. Natural Resources and Environmental
           Control, Dover, Delaware. 128 pp. + appendices.

        Delaware Division of Parks and Recreation. 1988. The Landowner's
           options = A Guide to Voluntary Land Protection in Delaware.
           Division of parks and Recreation, Delaware De@pt. Natural
           Resources and Environmental Control, Dover, Delaware. 13 pp.

        Delaware Mosquito Control Section. 1989. Mosauito Control in
           Delaware. Delaware Dept. Natural Resources and Environmental
           Control. 4 pp. (brochure)

        Drew, K.S. 1981. The Influence of Geological Structure and
           Historical Changes in Morphology 9-f- Delaware BAy communities on
           Environmental Planning. College of Marine Studies U of D.
           Contractor: J.C. Kraft, Department of Geology, University of
           Delaware, Newark, Delaware.

        Eveleigh, T., J.F. Custer, and V. Klemas. 1983. A LANDSAT
           generated predictive model for prehistoric archaeological sites
           in Delaware's coastal plain. Bulletin of the Archaeological
           Society qf Delaware 14 New series. pp. 2038.

        Fleming, L.M. 1978. Delawarefs outstanding Natural Areas and
           Their Preservation. -Delaware Nature Education Society,
           Hockessin, Delaware. 422 pp.

        Gelburd, D.E. 1988. The patterning of human behavior: a test of
           a prehistoric archaeological subsistence and settlement model
           for Delaware. Unpublished PhD dissertation. American
           University, Washington, D.C.
        Goodrich, D.M. (ed.) 1986. Delaware DM:          Issues, Resourcesp
           Status and Management.      NOAA Estuary-of-the-Month Seminar
           Series No. 2   U.S. Dept. of Commerce, NOAA Estuarine Programs
           Office. Washington, D.C. 149 pp.


                                      146







               Henshaw, F. (ed.) 1988. Delaware Water Quality Inventory. Vol.
                 II. Water Quality Analysis Section. Div. Water Resources, Dept.
                 Natural Resources and Environmental Control, Dover, Delaware.
                 Doc. No. 40-08/88/03/01.

               Hugg, D.S. III (program mgr.) 1979. Delaware Coastal Management
                 Progra and Final Environmental Impact Statement. Delaware
                 coastal Management Program, Office of Management, Budget and
                 Planning, Dover, Delaware; Office of Coastal Zone Management,
                 NOAA, U.S. Dept. of Commerce, Washington, D.C.

               Hull, C.H.J. and J.G. Titus (eds.) 1986. Greenhouse Effect, Sea
                 Level Rise, and Salinity in the Delaware Estuarv.              U.S.
                 Environmental Protection Agency and the Delaware River Basin
                 Commission. EPA 230-05-86-010. 88 pp.

               Jones, W.L. and W.C. Lehman. 1987. Phragmites control and
                 revegetation following aerial applications of glyphosate in
                 Delaware. In Whitman, W.R. and W.H. Meredith (eds.) Waterfowl
                 and Wetlands Symposium:        Proceedings -of a Symiposium on
                 Waterfowl and Wetlands Management in t- Coastal Zone of the
                 Atlantic Flyway. Delaware Coastal Management Program, D@-laware
                 Department of Natural Resources and Environmental Control,
                 Dover, Delaware. pp. 184-203.

               Knighton, M.D. (ed.) 1985. Water ImRoundments for Wildlife:
                 Habitat Management WorkshoR. Gen. Tech. Rep. NC-100. St. Paul,
                 MN:   U.S. Dept. of Agriculture, Forest Service, N. Central
                 Forest Experiment Sta. 136 pp.

               Kraft, J.C. 1971. A Guide to the Geology 2f Delaware's Coastal
                 Environlnents. College of Marine Studies, Univ. Delaware.
                 Newark, Delaware. 220 pp.

               Kraft, J.C., E.A. Allen, D.F. Belknap, C.J. John, and E.M.
                 Maurmeyer. 1976. Delaware's Changing Shoreline. Delaware
                 Coastal Management Program, Tech. Rept. No. 1. Dept. of
                 Geology, Univ. Delaware, Newark, Del. 319 pp.

               Martin, C.C. 1974. Delaware's Tidal Streams. Division of Fish and
                 wildlife, Delaware Dept. Natural Resources and Environmental
                 Control, Dover, Delaware. 32 pp.
               Maryland, State of. 1987. Maryland ghesayeake Bay National
                 Estuarine Research Reserve Syste :     Site Nominations. Maryland
                 Dept. Natural Resources, Annapolis, Md. 208 pp.
               Maryland, State of". 1990. Maryland ChesaReake Bay National
                 Estuarine Research ReserVe System:         Final MANAGEMENT PLAN
                 Maryland Dept. Natural Resources, Annapolis, Md. 111 pp. +
                 appendices.
               Matthews, E.D. and O.L. Lavoie. 1970. Soil Survey of New Castle
                 County, Delaware. SCS/USDA. 97 pp.



                                            147






         Matthews, E.D. and W. Ireland, Jr. 1971. Soil Survey Of Kent
           Count , Pelaware. SCS/USDA. 66 pp.
         MDR Associates. 1989. Delaware Estuary Procrram:    !MLM_a__r_y of the
           WorkshoP - Working Together -to Enhance and Preserve the
           Estuary. Rept. for U.S. Environmental Protection Agency-
           Baltimore, Md. 11 pp.

         Meredith   W.H. (Project Manager) 1990. The Delaware National
           Estuarine Research Reserve Syste     Site Nom_;:iation. Report to
           NOAA/National Ocean service.    Dept. of Natural Resources and
           Environmental Control, Dover, Delaware. 174 pp.

         Meredith, W.H., D.E. Saveikis, and C.J. Stachecki. 1985.
           Guidelines for "Open Marsh Water Management" in Delaware's salt
           marshes:    objectives, system designs, and installation
           procedures. Wetlands (J. Soc. Wetlands Scientists), Vol. 5:
           119-133.



         New Hampshire, State of. 1989. GREAT BAY NATIONAL ESTUARINE
           RESEARCH RESERVE MANAGEMENT PLAN. State of New Hampshire,
           Office   of State Planning, Concord, NH. 188 pp.

         North Carolina, State of. 1990. NORTH CAROLINA NATIONAL ESTUARINE
           RESEARCH RESERVE FINAL MANAGEMENT PLAN. State of North
           Carolina,      Dept. of Environment, Health, and Natural
           Resources, Div. of   Coastal Management, Raleigh, N.C. 104 pp.
           + appendices.

         Omwake, H. G. 1955.       Recent logal finds:     Cached arcrillite
           blanks found. Archeolog: 7(2): 5-7.

         Rothwell, A.D. (chairman) 1988. Delaware's Environmental Legacy:
           Shaping Tomorrowls Environment Today. Delaware Environmental
           Legacy Programl, Delaware Dept. Natural Resources and
           Environmental Control, Dover, Delaware. 181 pp.

         Sharp, J.H. (ed.) 1983. The Delaware Estuary: Research as
           Backcrround for Estuarine Management and Development. Delaware
           River and Bay Authority; College of Marine Studies, Univ.
           Delaware; New Jersey Marine Sciences Consortium. Lewes,
           Delaware. 326 pp.

         South Carolina, State of. 1991. Asheyoo-Combahee-Edisto (ACE)
           Basin National Estuarine Research Reserve in South Carolina,
           Draft Environmental Impact Statement and Draft Management Plan.
           Charleston, South Carolina. 164pp.

         Steenis, J.H., N.G. Wilder, H.P. Cofer, and R.A. Beck. 1954. The
           Marshes of Delaware:     Their Im9rovement and Preservation.
           Pittman-Robertson Publ. No. 2. Delaware Board Fish Game Comm.,
           Dover, Delaware. 42 pp.

         Sundstrum, R-W-f T.E. Pickett, and R.D. Varrin. 1976. Hydrology,
           Geology. and Mineral Resources of the Coastal Zone of Delaware.


                                     148





                 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.O., 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. 1989. Thg Chesapeake Bav Estuarine Research
                 Reserve System 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 ComRatible 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.Wildlite 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
                 ConceRt 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.

               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 SymRosium
                 2n WaterfoT@-JAnd                                  al Zone -of -the
                                :: Wetlands Mgnagement in the Coas@'
                 Atlantic Flyway. Delaware Coastal Management Program, Delaware
                 Department of Natural Resources and Environmental Control,
                 Dover, Delaware. 522 pp.


                                           149








               XXII. 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
               0enothera biennis                        common evening primrose
               osmunda cinnamomea                       cinnamon fern
               Phragmites australis                     common reed

                                            150







          Scientif ic kLame                           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


                                         151








               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                                 joblolly 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


                                              152







         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
































                                     153












                    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 would be activities
             that would normally be included in the estuarine reserve program.

                   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. 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.








                                         154







                      TRADITIONAL USES OF THE PROPOSED DNERR
                                 ESTUARINE RESOURCES


                              ST. JONES DNERR 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 the last 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 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 waterf@owl, 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 mid-November    Same       Same
                            2 days mid-January
                                      I
           Muzzleloader     3 days mid-October     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 definec
                                                            no hunting zones


                                      155





                                                                                             OF
               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 sectiolp
                                                          sunrise     (ie around Center;
                                                          to 1/2hr    trails & observation
                                                          after       points
                                                          sunset

                Cottontail          mid-Nov to  mid-Jan     Same       Same
                           Rabbit              I                                             r
                Bobwhite Quail      Mid-Nov tO  Feb 28      Same       Same
                                               I                                              -
                Woodchuck            no civsfeu Season      Same       Same
                                               I
                Raccoon              S=Vt 1 1_0 Feb 28    Same-        Same
                                                          except
                                                          some
                                                          nights

                opossum                      Same           Same       Same

                Red Fox-(chase       Oct 1 to  April 30   1/2hr        Same
                     only)                                before
                                                          sunrise
                                                          to 1/2hr
                                                          after
                                                          sunset
                Frog                 May 1 to  ISept 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 b
               daily sign-in or another method. No conflicts are anticipated il
               hunting is properly zoned and regulated.
                Migratory Birds                I                                             I
                Mourning Dove       last 3 weeks of Sep Noon to       Same restrictions applN
                                    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    March 30    Same       Same
                                               1


                                               156






        ACTIVITY              sEASON     DATES      TIMES     CONFLIC T 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,Streams &'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 S't 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 - there are no legal closed sea-
                            sons in the tidal rivers for recreational or commer-
                            cial finfishing nor recreational crabbing.
                                      I         I          I
        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                       do not obstruct naviga-
        (no fixed nets in Delaware    Bay within 1/2 mile   ti,onal 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 late tall       Floats to mark pots
        (eel pots)                                          could cause naviga-
                                                            tional obstacles if
                                                            placed too densely




                                      157






              ACTIVITY               SEASON     DATES      TIMES      CONFLICT POTENTIAL
              Fishing-recr (no recreational oystering or clamming allowed)
                                             I          I
              Blue crabs (crab late-May to late-wct_ober            Densely placed floats
              pots,2/person)                                        could cause navigation
                                             I                      obstacles
              White perch         early      A to June              None
              (drifting or anchored boat,shoreline)                         Recreational
              White perch,ca                                                 Finfishing
              fish,crabs     t- @Spring tolFall                     None       Allowed
              (Barkers Landing fishing pier)                                  All Year
                                 I           I                     I
              Bluefish,weakfish (mouth of St. Jones River-shoreline/surf)
              striped bass,                  I
              white perch,etc.    Spring to   Fall                  None
                                             I
              Snapping turtles    mid-%J UIM CCJ Mid-May            None
              (may also be sold) (legal      seasons)

              Female diamond-     mid-July   to eazly October       None
              back terrapins         (legal  seasons)

              ACTIVITY               SEASO      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










                                             158








                       TRADITIONAL USES OF THE PROPOSED 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 mid-November    Same       Same
                             2 days mid-January
                                       I                                               I
          Muzzleloader       3 days ruid-October    Same       Same
                             3 days mid-January
         Wild TuKkey         late Aprl Iearly 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 definec
                                                             no hunting zones



                                       159




             ACTIVITY               aE&SON t 2A__TES      TIMES     CONFLICT POTENTIAL
             Small Game
               Gray Squirrel      mid-Sept to mid-Jan  1/2hr       Exclusions will be re-
                                                       before      quired in some section
                                                       sunrise     (ie around Center;
                                                       to 1/2hr    trails & observation
                                                       after       points
               Cottontail                              sunset
                                  mid-Nov to  mid-Jan    Same       Same
                        Rabbit               I
               Bobwhite Quail     Mid-NOV to  reb 28     Same       Same
                                             I
               Woodchuck           no         Season     Same       Same

               Raccoon             Sept 1 to  Feb 28   Same-        Same
                                                       except
                                                       some
                                                       nights

               Opossum                    Same           Same       Same

               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
                   Hunting should be ac      Iconancida te% A over mo st 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 appl
                                  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 J       March 30   Same       Same




                                             160









          ACTIVITY             SEASON     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
                 Same as St. Jones, e@cept upla@d trappin4 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

                 Same as        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.











           XXIII. APPENDICES




                   A. BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY



                   B. MEMORANDUM OF UNDERSTANDING



                   C.  DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY



                   D.  NERRS REGULATIONS


                   E.  PISH AM WILDLIFE MANAGEMENT PLAN

















































                                      162











                                        APPENDIX A


                         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      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





                                         163









              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








































                                    164









                                         APPENDIX B


                                 MEMORANDUM OF UNDERSTANDING

                  @emoranda 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.
                  Following is a proposed 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.


                              DRAFT 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

             This Memorandum of Understanding ("MOU") is made this day
             of            11 1991 by and between the State of Delaware to the
             benefit of tfie Department of Natural Resources and Environmental
             Control ("DNREC") , having an address at 89 Kings Highway,
             Richardson and Robbins Building, Dover, Delaware 19903 and the
             National Oceanic and Atmospheric Administration, Department of
             Commerce (11NOAA11) , having an address at the Sanctuaries and
             Reserves Division, Office of Ocean and Coastal Resource
             Management, National Ocean Service/NOAA, 1825   Connecticut Avenue,
             N.W., Suite 714, Washington, DC 20235           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


                                         165







         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 (11CZMA11), 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 Management

             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 goals of the National Estuarine Research Reserve
                System (11NERRS11) 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;



                                    166






                        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. Serve as principal negotiator on issues involving
                           proposed boundary changes and/or amendments to the
                           Plan;

                        7. 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;

                        S. Respond to NOAA's requests for information and to
                           evaluation findings made pursuant to Section 312 of
                           the CZMA; and

                        9. 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 (11OCRM11) 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;





                                        167






                     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 of the
         Reserve

         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: Progra 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.




                                     168







             IN WITNESS THEREOF, the parties hereto have caused this MOU to be
             executed. .




             NATIONAL OCEANIC AND                     STATE OF DELAWARE
             ATMOSPHERIC ADMINISTRATION



             Charles N. Ehler                         Edwin H. Clark, II
             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



                        Date                                     Date





             Joseph A. Uravitch                       David 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
             National Oceanic and Atmospheric         Resources and Environmental
             Administration                           Control
             U.S. Department of Commerce



                        Date                                     Date




























                                         169








             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 Kent Conservation District, the Delaware Nature Society,
        Wesley College, the University of Delaware, Delaware State College
        the Cooperative Extension Service, USFW, USDA-SCS, NMFS are a few oi
        the groups that MOU's may be important to the successes of the DNERR.









































                                    170




                                                                             I
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                                      APPENDIX   C
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                     DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY
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DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Certification of Consistency with the Delaware Coastal
Management Program Request for Federal Grant-in-Aid

SCH#  90-04-26-05

Project Title:  Delaware National Estuarine Research Reserve
			Draft Environmental Impact Statement/Draft Management Plan

I hereby certify that the above application for federal aid is consistent
with the goals and policies of the Delaware Coastal Management Program as
approved by the Office of Coastal Zone Management in September, 1979.



Program Manager

Date





I
I                                      APPENDIX   D
I
I                  NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM PROGRAM
                               REGULATIONS   15 CPR Part 921
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                                                       Mondal
                                                       July 2 isgo

















                                                       -pan 11

                                             M.
                                                       Department of
                                                       Commerce

                                                       Aid    Oceanic -and Atmospheric
                                                       AdmOstation

                                                       15 CFR -Pad 921
                                                       Matlaud Eftarku Ileserve,iResearcih
                                                       SysitmVzograrn Re*daffons; hftdm
                                                       FkW Rule



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         ~1p~592;712;76;116q9940            Federal Register / Vol. 55, No. 141                     Monday, July ~23~ 1990              Rules and Regulations

         DEPARTMENT OF COMMERCE                                 ADDRESSES: ~8qM~r. Joseph A. Ura~vritch.                   support the research mission. not as
         National Oceanic and Atmospheric                       Chief-. Marine and Estuarine                          ends i~n themselves. Consultation by the
         Administration                                         Management Division: Office of Ocean                  Secretary with other Federal and state
                                                                and Coastal Resource Management.                      a~qgen~qdes to promote use of one cr ~r~ro-e
         15 CFR Part 921                                        NOS/NOAA~. 1825 Connecticut Avenue                     reserves within the System by such
                                                                N~8qW.: Suite 714~; Washington. DC 20235~,                 agencies when conducting estuarine
         ~[~:ccke~ No. 70874~-0133~q1                                (202) 673~-5126.                                       research is also a cl~ear~q!y defined goal of
                                                                FOR FURTHER INFORMATION CONTACT~1.                     the System. The ~r~e~qgu~qlat~i~c~rs also
         Na~~iona~qi Estuarine Reserve Research                    ~2qM~r. Joseph A. Urav~qitch, (202) 673~-512~q6~.               emphasize the use of a reserve's natural
         System Program Regulations                             SUPPLEMENTARY INFORMATION:                            resources and ecology to enhance public
                                                                                                                      awareness and understanding of
         ~~~~~cy~: Office of Ocean and Coastal-                  1. Authority                                          estuarine areas, and to pro~v~@de sui~l~ab~i~e
         ~F~'~-~ourc~e Management ~L~'~2qOCRM),                                                                               opportunities for public education and
         ~N~~~@~n~l Ocean ~qSe~rvic~3 (NOS), National                   This notice of interim final rulemakin~qg
         Oceanic a~nd Atmospheric                                is issued under the authority of section              interpretation. This education goal has
         A~~~mi~~strat~qi~c~i~i ~q(N~6qO~.~qA~2qA), Department of                31~q5(a) of the Coastal Zone Management                 been elevated to become o~ne of the
         CG~-~merce.                                            Act of 1972 as amended. 16 U~.S.C. 1461                essential criteria "or designation of a
         ACTION: Interim final rule.                            (t~qhe Act). The National Estuarine                     reserve.
                                                                Reserve Research~'Sy~stern has been                     IV. Revision of t~qhe Procedures for
         SUMMARY: The regulations revise                        operating under regulations published                 Selecting. Designating and Operating
         existing rules for national estuarine                  June 27.1984 (49 ~qFR 2~q6,310).                          National Estuarine Research Reserves
         reserves ~qi~n accordance with the Coastal                ~q1~q1. General Background                                   (A) Revision of Des~qignc~'~tion C~ri~ter~qi~c.
         Zcrie Management Reauthorization Act                     On October 28,1988 (53 ~qFR 43816)                    The Coastal Zone Management
         ~f 1985 (title IV, subtitle D~. Pub. L ~q9~q9~-~-             NOAA published proposed regulations                   Reauthorization Act of 1~q9a~q5 established,
         ~7~2) and recommendations contained in                  for continued implementation of the                   for the first time, statutory criteria for
         the U.S. Department of Commerce,                       National Estuarine Reserve Research                   designating an area as a national
         Office of Inspector General Report No.                 System (NERRS) Program pursuant to                    estuarine research reserve. An area may
         F-~~2~6~~5~~4qM~qO, "Opport~uni ties to                        section 31~q5 of the Act. 16 U.S.C. 14~q61.               be designated by the Secretary of
         Strengthen the Administration of the                   Written comments were accepted until                  Commerce as a national estuarine
         Estuarine Sanctuary Program." Effective                December 30,1988. These comments                      research reserve if-
         with the signing of Public Law 99~-272              on  have been considered in preparing these.              ~- ~. (1) the Governor of the coastal state in
         April 7~ 19~q88, the name of the Estuarine               final regulations. A summary of the                   'which the area is located nominates the area
         Sanctuary Program changed to the                       significant changes to the proposed                   -for that designation: and
         National Estuarine Reserve Research                    regulations is presented below.                          ~.(2) the Secretary finds that.
         System Program; estuarine sanctuary                      These interim final regulations                        (A) the area is a representative estuarine
         sites are now referred to as national                  establish the Program's mission and                   ecosystem that is suitable for long-term
         ~s~uar~ne research reserves. These                     goals and revise procedures for                       ~C~1~:~--re~s~e~arch and contributes to the
         regulations revise t~qh~qe pr~io~'ces~qi~qlor-~..~"~,~@
                                                                selecti~qA~qg~.~"designating and opera~qd~ng~-~-~-~,~@~4q4~,~,-~%-~Fb~qfo~qgeo                   and typological balance of
                                                                                                                            ~. gra
         designation of research reserves.                  ~qf   national estuarine research reserves.                 the System:
         Greater emphasis is placed on the use o                                                                         ~q(B~q) the law of the coastal State provides
         ~1p~ to address national es~qi~q@                      11L Cha~n~8q@~ng the Name an*
         ~                                                                      d Emphasis of         _~qj~o~qn~qg-term protection for reserve resources to
         research and management issues, and to                 the Program                                           ensure a stable environment for research.
         make maximum use of the System for. ~,~                ~.~.~_~,The~.~'198~q@ Coastal Zone Management                    (C) designation of the area as a reserve will
         research purpos~qis' through ~q6~q6o~qi~qd~qt~qi~2q@atic~qi~n                   and it~a a~i~qf~qiendment~s established the...          serve to enhance public awareness and
         with NOAA and other Federal and state                  National Estuarine Reserve Research'                                  of estuarine areas, and
         agencies whic~1~li are sponsoring estuarine              System (System). The System consists of               ~qj~r~ov~ide suitable opportunities for public
         research. Additional emphasis i~s ~qi~tl~f~l~o~_              (1) each estuarine sanctuary designated ~:~-~-~ad            ~ucation and interpretation; and
         given to providing financial ass~qistance~i                                                 is the date ~qof ~,~-~7~. ~q(D~q)   ~-h~e coastal State in which the area is
         to states to enhance public awareness                  prior to April 7, ~q1~q98~q6 which                          located has ~c~om~p~qUed with the requirements
                                                                ena  ~ctment of the Coastal Zone                      ~@~:-
         arid understanding of estuarine areas by               Management Reauthorization Act of                     of any regulations issued by the Secretary to
         providing opportunities for public                     ~'~q1~q9~8qm~, and (2) each estuarine area                     -;.:;implement this ~sectio~qm
         education and interpretation. The                      desi~qg~nat~qid after the Act. The term                       Some of these criteria for designation
         regulations provide new guidance for                   estuarine sanctuary no longer appears In              are either new or substantially more
         delineating reserve boundaries~qand new                  regulations; the term research reserve or-.~.~.specifi~q6 than those contained ~qin the
         procedures for arriving at the most                           ~a appears in its place.          ~ ~@ ~1p~p~p~                                                                reserv                                                `~qfor~qi~n~qi~qr regulations. For example, under
         effective and least costly approach to
                                                                  The Mission Statement for the System                these regulations the Governor of a
         acquisition of land. Clarifications In the             is much the same as for the National                  coastal state must nominate an
         total amount of financial assistance                   Estuarine Sanctuary Program which                     estuarine area for designation. and
         authorized for each national estuarine                 existed prior to the ~0q1~4q9~4q8~4q5 am~qendme~0qi~0qb~2q@~q@~q'~q-~q*~q-             findings are required that the law of the
         reserve. and criteria for withdrawing the                             ~qte goals for the                                 state provides long-term
         designation of a reserve. have also been               However, t~0qh                       National
                                                                Estuarine Reserve Research System'                        tection for reserve resources to
         added.                                                 stress the use of reserve sites for                   ensure a stable environment for
         CATES: Effective Date: These interim                   promotion and coordination of estuarine               research and that designation of the
         final regulations are effective July ~4qZ3~q.               research on a national level as the                   -~q:~4q@~48q@a will serve to enhance public
         1990.                                                  highest priority and reason for        ~q'              ~q-~q1~q@~q,awareness and understanding of
           Comments. Cot~qaments are invited and                  establishing the System. The protection               estuarin~4qi areas. Ile criteria in the
         will be considered if submitted on or                  and management of estuarine areas and                 existing regulations have been revised
         before September 21. 1990.                             resources are clearly intended to                     accordingly~q.
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                                          Federal Register               Vol. 55, No. 141 / Monday, July 23, 1~q%~0                 Rules and R~~qg~~datio~s                  29941
                            (B) Revision of Site Crit~e~n~;a and                be required to ~f~u~stify the use of ~qf~e~e               phase, funds are available for acquiring
                          Procedure.;. The criteria for selecting an         ~s~qi~r~r~yple acqusit~'~qi~on T~qmth~ods and make               interest i~n land, which ~qi~s the primary
                          e3t~uarine area for designation as a                greater use of n~o~n-~qfe~e simple met~h~ads to            purpose of this award, and for m~qm~or
                          national estuarine research reserve have           conserve ~cxpend~iture of funds. For each             c~c~n~st:~ruct~qi~on ~qie~-S.~, nature trails and boat
                          been expanded to provide guidance for              parcel, both in t~l~q@e co~.~-e area and the             ramps), preparation of architectural and
                          d~atermin~in~g boundaries for ~0q@e proposed             b~a~6qf~6qfer zone, states must determine. w~qit~1h           engineering plans a~nd specifications.
                          site. The Office of Inspector General              appropriate justification (1) the                   development of the final management
                          Report No. F-728-~q5-~010 criticized ~Lhe              ~r~r~qd~n~qimum level of c~ontro~q!~q[3) required. (2)          p~.~an~, and hiring a reserve ma~na~qpr and
                          lack of S~qpeC~qi~qrC ~-U~qld~qd~l~qine~s for setting             the level of existi~n~q; state control. and (3)        other staff as necessary to i~qm~qp~ql~2m~Lnt
                          limits o~n~-bou~r~ci~a~ri~es around estuarine             t~l~q@e level of additional state cont~rol~k~'s)          the NOAA apprcved draft ma~nage~qme~rt
                          ~3~3r~.~'~c~"~Ua~nes to ensure that only ~qL~qm~.~*~qd             required. states must also exa~z~r~qm~q@~ie all            plan.
                          es~sznt~qU~i~ql to ~t~qhe mission of the program            rea~3~o~rab~.e alternatives for attaining ~t~qhe             ~q7~"~he length of time for this i~n~@i~tial
                          be inc!uded inside the sanctuary.                  add; tic~nal level of control required.              phase of acquisition and deve~l~l~opm~2~nt
                          References in the existing r~E~qqula~tia~ns to          per~.~orm. a cost analysis of each. and               may be up to three years. After the site
                          ensure that ~t~qhe boundaries e~q=o~q=as~s                 r~-~-nk, in order of cost, ~t~qh~e alternative            receives Federal designation as a
                          an adequate porti~r-n of the key la~t~qi~qd and          me~l_~q@od~s of acquisition which were                  rational estuarine research reserve, th~:~!
                          water areas ~o~qf ~t~qhe natural system to               considered. The cost-effectiveness                  state may request additional financial
                          ~appr~OX~qi~qMi~lt~e an ecological unit are too            assessment must also compare short-                 assistance to acquire addi~ti~c~r~al
                          vague, particularly since terms a~re not            term and lan~qg-term casts. The state shall           property interests (e.g., for the buffer
                          defined. The proposed regulations                  give pricrity consideration to ~qt~qhe "east            zone), for construction of re~s~aa~rch and
                          define key land and water areas as a'              cost, method(~s) of attaining the                    interpretive facilities, and ~qf~o~r~re3tor~a~Hi~ve
                          ~1~1cc~re area" within the reserve which is           minimum level of lon~qg~q4erm control                   activities in accordance with the
                          so vital to the ~qf~t~i~ac~qt~qiGain~qg of the                required. which is sufficient to meet the           approved final management plan.
                          estuarine e~c~o~ey~at~em that it ~au~Lst be               statutory requirement that "the law of                The Coastal Zone Management
                          under a level of control ~suf~qfkient to              the coastal state provides long-term                Reauthorization Act of I~4qM specifies
                          ensure the long-term ~v~qia~qL~qil~ql ty of the             protection for reserve resources to                 that the amount of financial assistance
                          reserve for-research on natural                    ensure a stable environment for                     provided with respect t~o the ~acqu~8qWti~on
                          processes.The determination of key                 research. See 1~q6 U~.S~.C. I 14~q61~q(~qb~q)~q(2)~q(B).            of land and waters. ~o~r interests therein.
                          land and water areas must be based on                 ~q(D~q) Financial A~ss~qi~q@t~o~nce Aw~a~nds for              for any one national e~stu~ar~qi~qm research
                          scientific knowledge of ~qT~qhe area.~6q7he               Site Se7ec~qt~qion~, and Post Site Selection.            res~e~qn~re may not exceed an
                          concept of a -buffer" zone ~qto protect Ile             The first ~iof five types of -awards tinder       equal to 50 per ~C~qM3~q1~t~u~n ~r~if ~qfh~a we ~s af
                          core area and~qprovide additional                    the National Estuarine R                            the lands. waters. ~a~nd interests therein
                          protection for estuarine-dependent                 Research System is for site selection               or ~qS4~,000~qA~2qM whichever amount is less.
                          species has.also been defined In the               and post-site selection, which includes               The amount of Federal finar~qm~qia~ql
                          regulations. The buffer ~?n~n~p may include           preparation ~o~qf a draft m~ana~qge~-~qm~ut~qplan               assistance provided under the
                          an area necessary for ~qfac~qili~qdes re~qgulred           .(including ~8qMOU~q) ~a~ad t~qhe co~ql~0qk~@~ct~qfon of              regu~qla~q0~un~s for develo~qp~r~qm~e~0qM~v~e~o~0qU
                          for research and interpretation. and               information necessary for preparation ~of            ci~qfre~ct~qiy ~a~q"ociated with ~tna~qj~or facility
                          additionally, to acc~omm~q6d~a~qle a shift ~o~qf            the environmental impact statement~.                 co~nstruc~qr~i~o~n ~q(~qi~-~e~-~, other than land
                          the core area ~q4~qs~'~qi~qf~"~qi~qs~u~4qf~4qi~qa~qfb~qfc~q1~qqg~q1~qq~a~q1~,-            The maximum total Federal ~6qA~i~a~r~q* ~qdf                  ac~qq~u~qh~si~qf~ql~q6~n) far4~qmy~o~ne national
                          ecologica. ar~qle~am~qorp~ql~6q4~o~qg~qi~cal change                these awards has been raised to                 -   estu~8qk~2q*~qm ~re~s~qe~ar~qe~qb reserve must ~not
                          which~,re~as~onat~6qf~6qt~qi~ou~qld b~qe~-exp~qq~4qded ~q1~q9~-~._             $~qjo~qoooo as~0qA~s~s~i~qc~qhbed~-~qi~n if ~4qM~2qA~qU.~'~0qO~qf~ql~4qU~s                exceed,~qï¿½~q0~~qp~q@~e~r~-oe~qb~qtu~qm~q4~qf~q1~qhe~qt~e~4qd~s~o~qf I
                          occur. States will be required. to use             amount. up ~4qU~4q1~q25~2q= may be used to'                    such construction or $1.~q50~q0~,00~q0~.~.
                          scientrT~i~c.~c~rit~eria l~u just* the`              4   ~can~qdu~a~qt       site selection pro~oe~qi~qi~qas-~l            whichever ~a~r~q6ou~nt Isle"
                          bounda~r~qf~q@~qi~q-~qi~qd~4q6~cted -for a_p~r~u~qy ~@~qsed site-          de~s~qm~4qf~4qf~4qi~ed in I ~4q=I~4qXt. ~2qAft~e~r~qT~q4~0q0~2qA~6qA~ls                         ~6qF~ql~qj~qi~ci~nc~qf~qi~qd~4ql~q@~qi            ~qv~r~6q@ for
                            The information requirements for                 a~qp~qpr~q&~v~i~qi~ql of ~s~2qpr~ap~a~s~e~4q"te and decision               Operation and ~4qM~on~a~qg~e~n~i~qm~?~qt ~q1~q1~qW
                          NOAA a~q0p~t~aval ~qof a proposed site                   to ~qj~qw~8q6ed ~u~2qdh th~e~qae~s~8q*~n~atio~n ~qp~r~o~a~qn~&                   am~o~n~qi~qf~qt ~a~ql Federal f~qina~nci~ad ~a~-~s~a~qbrt~a~n~c~e
                          under existing regulations were                    t~qhe state may expend ~q(~q1) up to ~q$~q4~q0~6qA~8qW of             available ~l~qb~qd -a state to manage the.
                          confusing and now have~ee~qn ~c~ql~qa~8qk~qf~qied~.              this amount to develop the draft'                   r~ese~rve~'~a~nd operate p~r~o~qgr~t~r~in~g consistent
                            NOAA ~qbas recognized ~qt~qhe need to'                 management plan and collect                         with the ~m~il~sst~on and goals of the
                          conduct studies to develop a basic ~-               inform      a for prepara~qt~qf~qim of the                Nat~qi~o~n~a~ql~6qE~s~qt           ~'Res~erv~e~2qResea~rch
                          description of ~qi~qle~qphy~a~qlca~qL chemi~c~6q4                 ~e~n~v~qh~qu~qm~qa~n~qz~al impact ~s~qta~qtemer~qd~; a~md ~q(Z)               ~qSy~s~qt~e hair been raised ~qf~qi~qr~2qd~qS~6qM~qO~4qW to
                          and biological characteristics of ~0qf~0qf~0qi~e site.       up ~q1~o the ~v~e~n~qw~qi~nder ~of available ~qf~on~qA~s to           ~q$7~q0,~q000~qf~ar~qe~4q@~qtwe~qfve ~' ~qf~ql-pe~qdo~qd~q:`
                          As a resu~ql~qL ~-~s~ta~qies may ~qn~q6~qwi~lb~e eligible           c~c~qmd~qw~qA studies to develop A b~e~a~qdc                   Up to ~qlen I~qm cant d~qf die total ~qi~4qward
                          for Federal fund~qiri~qg d~qi these studies after        description of the physical, che~qmIca~ql~.              (Federal and state) each~.~qyea~r may be
                          NOAA~s~2qUr~a~qy~a~ql~a~qfa~2qpr~opo~se~q4 site.'.. .                  and b~qi~ol~qo ~qical characteristics of the i~qd~qi~qe~q:         used f~qor ~qa~qmstr~ucti~o~n~-type ac~qr~av~qities~.
                            ~q,~qf~0qq Mana                                                                                               (G] ~0qF~8qb~ianc~qia~ql Ass~qi~s lance for
                                       ~q.~6qS~qd~4qm~qin: Plan Development~q.                    ~0qFi~8qm~qac~qial Ass~qi~qs ~qk~qince Aw~qc~qod~qs for
                          Once N~16qOAA a - ~52qW~8qi ~4q1~40q6                            d s~2qi~2qf~qe
                                           P~2qp~qr0~qv ~q. propose                   A~qc~2qq~qu~16qk~20qW~qo~qn. ~16qD~qe~24qWop~4qm~qn~6qt ~4qm~4qd~2qb~2qd~0qlial                         ~16qR~qesear~qr~20qA 7~4q1~qte Coastal Zone
                          and decides ~8qIo~16qTr~qoceed      ~q'w~48qf~48qt~q*               _~0q1  ~6qA~6q1~6qhn~6qq~20qWnmn~4qL 3~24q1~0qi ~qre~6qg~qL~8qdat~6qio~qn~qs divide                   Management ~16qReau~8qthorizat~2qi~ql~4qo~qn Act of
                          designation, the ~qsfa~4qle mu~qst~q.d~6qe~q-v~q'~2qe~4ql~4qop a-           e~0ql~2qi~6qg~6qf~2qb~44ql~0qt_~0q@ fo~6qr f~qir~4q-~qn~2qc~32qQ assistance                   1~4q085 specifically affects -the conduct ~qof
                          draft ma~0qna~2qgementp~6qlan~q.~12q1~20qb~4qe contents of               awa~qcd~qo ~24qW ~0q"~16q4~16q"~4qt~2qi~qo~6qu'a~qnd development -                  the System~6q7~qs research pr~qo~2qgra~qinby
                          the plan. includi~2qf~2qi~6qS ~0q1~6q[he memorandum ~8qof            into ~8qtw~qo~.~6qp~4qh~qa~qses. in the ~6qinit~2qia~4ql~6qpha~qs~qe,               establishing th~qe,req~qu~6qIrem~qent ~0qfar.,_-
                          understanding ~0qIM~16qO~52qU) between NOAA                   states are working to meet the cri~4qte~6qk~6qia             developing Estuarine ~16qRe~qs~qe~40q"
                          and the state. are specified In ~8qth~qe ~q'            ~. required ~0qf~qar formal ~qs~4qmarch reserve                  C~qu~6qi~qd~qp~4ql~qi~qn s for As conduct ~qo~0qf~4qmsearch
                          regulations. The acquisition portion of            designation. L~qe~q. establishing a~28q&~16q4uate               ~0q%~8qii~28qf~28qf~28qi~0qin the ~6qiY~qst~qem and sPe~qci~52qbing ~4qw~4qba~4qt
                          the plan has been greatly expanded to              state control over key land and water               these guidelines ~q3ha~0qU I~qn~qc~qh~qide. The
                          implement recommendations in the ~q" ~q*               areas, in accordance with the ar~qaft                 legislation also requires ~0qt~0qh~qe Secreta~qr~q-~qy of
                          Office of Inspector General Report No.             management plan and preparing a final               Commerce to requite that NOAA. In
                          ~2qF~q-72~4q6~q-~0q5~q-~0q010. It is proposed that -states           management plan. In this predesignation             conducting or supporting estuarine
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         299421          Federal Register / Vol. 55, No. 141 / Monday, July 23. 1990                       Rules and Regulatiors

         research. give priority consideration to          interpretive purpose, and techniques for        Specific:
         research that uses reserves in the                making available or locating i.111miation
         Svstem. and that NOAA consult with                concernira reserve resources, activities,       Sec!i*on 921.1-,klissfon. Goals, and
         Other Federal and state agencies to               or issues);                                     General Provisio, is
         promote use of ore or more reserves by              (2) Development and presentation of             P.-oposedï¿½921.1(c)-One reviewer
         such agencies when conducting                     curricula, workshops, lectures. seminars,       suggested the deletion of the first
         estuarine research.                                                                                 '@tence of this provision which states,
                                                           and other structured programs or                sen            A
           ^I he research guidelines. which are            presentations for on-site facility or field     "National estuarine research reserves
         ref
         . erred to in the regJations, but are not         use-,                                           shall be open to @e public." This
         pirt of them, state that NOAA will                  (3) Extension/outreach programs: or           reviewer noted that in multiple
         provide research grants crily for
         proposals which address research                    (4) Creative and innovative methods           component reserves some components
         questions and coastal management                  and technologies for implementing               may not be appropriate for general
         issues that have highest national priority        interpretive or educational projects.           public access; either because of the
         as determined by NOAA. in                           Interpretive and educational projects         purpose or emphasis of management at
                                                                                                           that site (e.g., research) or due to the
         consultation with prominent members of            may be oriented to one or more research         limited interest which the managing
         the estuarine research community.                 reserves or the entire System. Those            entity has in the component (e.g.. a
           One significant addition to the                 projects which would benefit more than          conservation easement which does not
         regulations is that research awards are           one research reserve, and, if practical,        provide for unlimited public access).
         available on a competitive basis to any           the entire National Estuarine Reserve           This reviewer expressed concern that
         coastal state or qualified public or              Research System. shall receive priority
         private person. thus making it possible           consideration for funding.                      state denial of general public access at
         for public or private persons,                    V. Snmm                                         such components of a reserve could be
         organizations or institutions to compete                   ary of Significant Comments on         challenged on the basis of this provision.
         with coastal states and coastal state             the Proposed Regulations and NOAA's               Response. Consistent with the goal of
         universities for NOAA research funding            Responses                                    I. the National Estuarine Reserve
         to work in research reserves.                       NOAA received comments from 16                Research System to "enhance public
           (H) Financial Assistance for        -                                                           awareness and understanding of the
         Alonitoring. The Coastal Zone                     sources. Reviewers included Federal             estuarine environment and provide
         Management Reauthorization Act of                 and state agencies, academic                    suitable opportunities for public
         IM authorizes the award of grants for             institutions, and the National Estuarine        education and interpretation." public
                                                           Research Reserve Association. The
         the purposes of conducting research and           comments of the National Estuarine              access should be allowed to the greatest
         monitoring. While objectives in                   Research Reserve Association (NERRA)            extent possible permitted under State
         estuarine research and estuarine                                                                  and Federal law within national
         monitoring are mutually supportive.               are a summary of comments submitted
         monitoring is generally designed to               to NERRA by Toot of the managers             of estuarine research reserves. However,
         provide information over longer time              the existing and proposed national              the statement. "National estuarine
         frames and in a different spatial context.        estuarine reseir@h reserves. All                research reserves shall be open to the
                                                                                                           public"I does not require that all
         .Consequently a separate subpart                  comments received am on file at the             components of a multi-component
         addre sing specifically the development           Marine and Estuarine Management                 reserve or the entire area within the
               ss,
         and implementation.of monitoring                  Division. Qffice of Ocean and Coastal.          boundariOs-of a single comodent'
         projects has been 'included in the                Resource Management and are                                  ipen to th6-&neral public
                                                                                                           reseive be c
         regulations.                                      available at that office for. review upon       unconditioially. The last iehtencb of
           (1) Financiia!Assistance_Al@d@sfolr             request Eachpf the major Issues raised          I 921.1(c) reads, "Consistenii -with
         Interpretation and Education. The                 by the revie-der's hasbeen 9-Triarized              )tirce piatection and reie-&6-
                                                                                                           resc
         Coastal Zone Management                           iLnd.N0AA'o responses are pr6vid6d              objectives,'public access 'm`sy'b6.7
         Reauthorization Act of 1985 authorizes            under the relevant subheading in this           restricted to.6irtailln4rea's within a
         the award of grants for the purposes of           section.                                        research hibe7r@ve." Where 'unconditional
         conducting educational and interpretive                                                           public acces's is not consistent with
         activities. To stimulate the development          General:                                        resource protection and research
         of innovative or creative interpretive
                                                             Three reviewers recommended that              objectives as stated in the approved
         and educational projects and materials            more emphasis be placed on developing           management plan (eg., -public access'
         which wiU enhance public awareness                an Information network among research           would M-terfere with reserve research oir
         and understanding of estwirine' afeas.            reserves and between research reserves          is likely to dimWsh the value of reserve.
         the regulations provide for funds to be           and research and educational groups.""                                          ) it must be
         available on a competitiv                                                                         resource's' for future research
                                     e bWs to a"y          and institutions. Two of these reviewers        limited accordingly. just as certain areas
         coastal State entity. These@fimds -aie.           noted the absence in the proposed               are idefiftfied in reserve management
         provided in addition to any'other, funds          regulations of a paragraph which had            plans' ii being more or *tess'sensitive to
         available to a coastal stite;dfiderthese
         regulations.                                      addressed this subject in the 6cisdrig          public access impacts in single
                                                                       (49 FR 26WZ June 27. 19M).          component reserves. the same Is true of
           Categories of potential educational             regulations
         and interpretive projects include:                The deleted paragraph concerned the             components irimulti-component
           (1) Design. development and                     development and Federal administration          reserves'. Frequ ently In management
         distribution/placement of interpretive or         of a research and education information         plans for muld-component reserves one
         educational media (ie., the development           exchange network for the System. '.             or more components will be identified
         of tangible items such as exhibits/ .               Response: NOAA agrees. The section            as those forwhich the relative
         displays, publications, posters, signs.           referring to information exchange               management emphasis will be public
         audio-visuals. computer software. and             between NOAA and the Reserves has               education and interpretation. Similarly.
         m ap s, which have an educational or              been reinstated In I 9?1.1(h).                  other components are identified as those


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                                         Federal Re~qg~is~t~w / Vol. 55~ No. 141 / Monday, J~~lv ~2~3~ 1990                              Rules and R~gula~ti~~~~                     ~2~~9~q=

                             which emphasize research and resource             representative estuarine ecosystem that           Cenerally, it is NOAA'~s belief that,
                             protection.                                       is suitable for long-term research and            given the less- than-perfect state of
                             Proposed ï¿½ 92~1~. ~1~q(d) and ~q1921. ~1~q(e~q)~q_              contributes to ~1:~,~q@e biogeographical and          knowledge regarding ~qb~ct~qh the
                             Seven reviewers commented on these                ~qt~qypoiog~qical balance ~o~qf the System                 functioning of estuarine ecosystems and
                             provisions. These comments ranged                 (emphasis added).                                 the effects of natural and anthropo~qg~en~qic
                             from ~one sentence re~qq~E~w~s~qd~o~qg                       The primary intent of I ~q9~q=1~q(d) and                change that manipulation should be
                             clarification to approximately six pages          I ~q2~2~-1.1~q(e) is to restrict and allow              carefully limited within estuarine
                                                                                                                                                          a I ~C
                                                                                                      1                                                          ~.~0 ~e~x
                             of comments dedicated to these                    activities involving habitat m~a~aipulati~cn         research re~se~rve3. ~6q0~1~1t~sid ~qC e ~n~t ~. t
                             provisions ~a~l~lo~r~i~e~. These comments also           to the degree necessary to ensure that            of a carefully planned. and pee~:
                             ranged from expressing concern or                 reserves a~re. and continue to be.                 reviewed, research or restoration
                             objection regarding the proposed                  representative estuarine eco~8qMte~r~r~m. It            activity, NOAA believes that habitat
                             limitations on habitat manipu~qlatic~a to            is this mission, and requirement of the           manipulation for management ~qp~q@~6q;~G~s~l~^~s
                             suggesting a more restrictive approach.           statute, that the System goals of                 involves a significant risk to the
                             One reviewer expressed strong                     921~.1~q(b) are meant to support. This               representative integrity and character of
                             ~suppcrt for a~r outright prohibition on            mission, and requirement of the statute.          a national estuarine T~esearch reserve.
                             habitat mani~v~ulation. whether for                 is the foundation upon which the System           As a result, the p~qb~ra~s~e ~in the proposed
                             management or research. except far                is built. the primary basis on which              regulations "habitat manipulation for
                             restoration activities where such                 estuarine areas are selected and                  resource management purposes" is
                             restoration can avoid l~o~rg-term~adver~ge            designated as reserves, and the                   intended to mean h~F~-b~:tat management
                             impacts. Another reviewer commented               underlying principle with which all other         for the promotion of a~'partic~6qJ~aT species
                             ext~e~'~rsively on ths provis~qi~q= expressing           aspects of reserve development and                or habitat. or for some purpose other
                             strong objections to a prohibition on             operation must be consistent. As one              than research involving or restoration of
                             habitat manipulation activities for               reviewer stated. in no case should the            a representative "natural" estuarine
                             management purposes. T~qh~qis reviewer                ecological or representative integrity ~D~qf         ecosystem.
                             stated that the "preservation~" of a               a reserve be comprised.
                             habitat T~eq~ui~res act~8qh~-e management                Habitat manipulation activities                   NOAA acknowledges that much
                             involving habitat ~q=T~r~qip~u~qlati~on.                                                                     research involves some degree of
                             One reviewer requested ~c~qt~ar~0qf~0qf~0qi~c~at~qion              conducted for a purp~o~se~other than (i)             manipulation of the z~e~s~our~ce~q(~s~qj and
                             of the difference between i~re~s~qt~ara~qti~on            restoring the representative integrity ~o~qf         habi~ta~qt~q(~s) which an -the ~i~mbjec~qt of
                             activit~qi~,~'e~s and'habita~qt manipulation for         a reserve or (2) e~stu~qm ~qi~nt~: TeSe~U~r~ch. are         study. In this regard. ~qm~serv~e~s -are sot
                             research or m~a~na~qgeme~nt purposes. One              ~n~ot consistent w~qtt~qh ~q1his requirement of           intended to be -control" habit  ~a~ts Only~,
                             reviewer suggested ~c~n~qter~qia for ass          ~i     the statute or the mission of the System          and some degree of habitat      ~
                                                                   e~s~s~'ng      A reasonable ~qr~u~nit~at~qior~i on t~qb~v nature            manipulation is ~reco~qg~n~qb~c~ad as an.
                             ~0q&~.~a degree of -mani~2qWla~qt~qlo~qd~".a proposed            and extent ~of habitat ~m~um~q1pu~ql~ation                essential, aspect of ~qM~U~6q& ~2qW~i~qp~ort~an~qt
                             research project may involve. One                 activities c~ond cted as a paTt of
                             reviewer requested clar~qi~qf~qica~qr~don of the           estu~a~T~qine~'~r~e~s~e~ar~ch is mec~e~ssar~qy to                estuarine research~. However. research
                             intent of this provision ~a~nd~'how It ~qm~ay           ensure that the ~xt~qy. ~sent~at~qivei~nt~e~qB~r~qit~qy           activities conducted within a m~eser~v~e
                             apply to; ~q(~1) a~c~qd~o~qn~s ~a~qwc~a~s~sa~ry to protect                                                           should ~r~qm~qt Involve m~qw~2q4~6qda~t~qi~v~e ~'~.~. ~-
                             public health. 12~q) protection of ~a~3d~a~qt~qin~qg         ~af a reserve is protected. Likewise.              activities that ~0q1eca~u~s~e ~af~t~h~s~. ~ ~qi         or
                             species; mid ~q(3) ~a~ql~ql~nwarice fix                   reasonable except~qi~o~ns~qto these                     exte~n~it~;~8q*~n~n~ql~qd ~1~5~q4~q=~q1~q1~q1c~m~a~qd~qy impair the
                             restorative activities ~ql~or~ql~qi~st~o~rical              limitations on hab~litat manipulation              ~"~nat~o~n~4qw~.~r~e~qp~t~e~qn~s~qt~2qa~qiv~ev~a~qlu~s~qt~qi~qm~,~4~, -
                                                                               activities are ~qap          - ~q-              ~8 of
                             preservation. One re~v~'~sewer~sta~qt~ed that                           ~qpropriate for re~a~s- ~              re            ~qih~ar~ac~qt~er~q) ~of the reserve.
                                                            ~0qO~6qza~qhon~. ~-          p~qubli~c~qte~sith and ~qT~qhe protection of other*         ~qpr~es~e~a~4qb~2qov~e
                             wha~qlever type o~qf~qta~4qb~qi~qt~qi~ql Sam                                                                         N~0qO~2qM ~qi~qg~qi~qd~ql~2qAci~qi~qdw
                             determined allowable by NO~qA~4qA~. day.',,.      .     sensitive resources ~q[e~6q&~a~ndan~qge~qi~q@d~ql                restoration efforts may involve
                                                                               threate~qi~2qi~ed wild~qa~qf~qfe and ~qg~qi~qgn~4qf~4qf~4qic~ant
                             to-day site management d~eds~qlon~s we                hist~qq~ric~qal and Cultural res~o~urce~s~qI~. ~ql~qf~qf           exte~qw~qN~v~s~,~4qb~qib~l~qt~at~qi~f~0q@~qd~o~qa~.~-
                             best made by the pr~o~qf~qi~e~s~s~qim~u~qd staff of                                                              ~qact~qiv~qi~qd~Li~qs~ W~ql~en~q@~q4~stu~a~r~qt~n~e a~r~qi~es~'~qhav~e
                                reserve.                                       habitat ma~n~qipu~qla~i~qdan~2p~1p~p~etermined ~qt~o'~qbe                         -     ~"~' ci~qd ~t~qhang~q6 =a
                             each                                              necessary                                         w~m~qi~a~r~qg~en~e~s~o~qm~qiec~o~6qw
                             ~6q0~ne reviewer ~tequ~e~s~qi~qa~qd c~ql~a~qki~qf~qic~a~qti~an                       'in ~qi~u~ch -a -~as -then ~su~0q&
                                                                               activities ~i~4qhoul~qd be ~4qUm~qI~qt~e~qd ~a~qi~) as ~1~1~q6~q1 to'           ~4q4~4qh~qw~a~qw ~qit~c~qh~i~6qdt~ql~es~'(~qe.g~..
                             of the i~nt~en of this pw~vis~qi~qm and Of lt~qb~s~..,                                                         f~t~q@~qdr~d~qlo~qgic~al ~c~qh~qm~q8e~qi~.~~ql~i~8qf~8qt~qn~' ~'~0~0~q4~q1~q1
                                                                   -     ~. ~;   significantly ~qh~ap~act ~q1he Tepresentat~qive
                             differences b~etw~o~e~s~s habitat ~7~. . _         ~.~. ~- ~i                                                      -_                          Man
                             manipulation for ~r~e~qw~qArc~qb~. ~0qh~qi~qb~qi~qtat                 and ecological inte~qgr~i~fty ~qof the reserve.
                             manipulation for ~8qm~a~q~6qM~P~f~t~qW~n~t~ and..,               ~-~2qC~O~ut~qt~0qk~2qy to ~qihe ~qn~ser~qf~qmn ~af aria                   etc.). ~qI~n~-~4qf~4qf~4qi~o~se are~s~t~qid~es~qi~qg~t~rated as
                                                                                i       ~qth~a in tan of ~0qJ~e~s~qi~qgma~qti~i~2qv am
                             habitat ~qm~a~m~qi~qj~H~qdat~qi~on~.~qA~o~r ~i~9~s~qt~ar~s~qd~a~qm~.~. ~-~L~"~:~,       review~i~qm
                             This same reviewer ~s~qb~qi~s~qi~q@~qd the        ~.           ~.m~a~qi~i~qi~qi~8qj~qm~qg -a research ~qi~e~qu~qme is not to            national ~ag~qhu~nt~ae ~xesear~c~qh reserves,
                                                                                                                                 such Chang ~*~so may have diminished the
                             importance of ~th~qi~:~qf~C~olog~qical and                  preserve" that p~qi~rti~c~a~qd~ar habitat In a            representative Character 'and ~qI~n~qteg~0qf~0qt of
                             repre~s~entadve~ql~n~qk~0qW~'t                                                                                 the site. Where ~qre~s~qt~or~ation~af such
                                                    ~qy of a reserve.            stasis condition. Estuarine ecosystems
                             Respo~ns~e~v The ~8q0~8q4~qi~qi~qi~k ~8qZf the ~q1~q4a~qtional             are naturally dy~nami~c~'~8q"~qt~at~s which                 d~qi~qgr~aded areas Is determined necessary
                             Estuarine Re~'se'rv~e                               we have yet to fully ~u~nderstan.C~qL ~* ~'.
                                                                                                                                 w~6q1~4qd~qi~6qi~qn ~4q(~8qWs~0q;~qc~qo~qn~08qu~24qA ~qsu~qCh ac~qt~qi~qv~i~ql~qties~4qmust
                             sta~qted~qim I ~4q9~8q2~4q1.1(a). ~q'~92qTth~2q;~q7                       NOA~16qA~2q:~qs intent in designating. ~qU~qS~8qM~qS                be carefully pla~qn~qne~20q& ~16qM~qu~0qdh research ~qis
                             e~qs~qtab~qli~q-h~4qm~qo~4qmt a~qad ~0qm~qe~qo~qn~2qS~0qme~4qi~ql~8qL ~8q1h~0qi~qo~qu~2qgh              areas as national estuarine research                               Mine
                             Fede_ral-~qsta~qt~qe~q'~8q@~4q6~52q4~6qe~36q@~q,~2q@ ~2q6f~q_~6qj'~qn~2qjt~2qi~qa~qr~24qW               reserves is to protect the r~qep~qrase~qn~qta~0qt~2qi~qv~qe~q'        ce~qc~qe~6qi~qsar~6qy to date       the ~q-~qI~4qwt~qura~0ql~q'
                                                         I reserves            character of each individual reserve and          representative ~qs~44q&~4qt~qe        ~qes~qt-~qi~q-e area
                             system of estuarine ~8qi~qe~qs~6qiaic                                                                   ~8qo~0qf
                             r~qep~qr~qe~qse~qa~qta~qtive of ~0qT~6qhe ~qr~qa~4qv~qz~qw~0qa ~qr~16qWan~qs                thereby establish a national s~6qy~qst,
                             and e~qs~0qi~qua~qr~2qL~qr~8qw ~0q1~4q1~12qp~qes in ~0qt~0qh~6qj~q-~6q(~0qY~qn~4q!~44q6~0qd                 estuarine areas representative of the             affected ~4qk~64qi~4qb~qum~2qa~6qn a~qct~2ql        ~4qP
                                                                                                                                 Freque~qn~0qay ~qsu~40qS~qt~48qa ~76q2~q0~q]~2q@~36qU~0qt~2qiv~2qf~6qf~6qt~52q"-
                             S~0qta~qt~ql~qes~0q' (emphasis Ad~0qded~0q@ ~6q7~6q1he first              biogeographic regions and estuarine               provide ~2q;~2q!~2q@~4q;~84q&~qQt ~qapp~qar~qt~qa~qg~qi       ~q.IIas ~q-~2qI~qor ~q-
                             Secretarial finding ~qrequi d for                   types of the United States. ~2q1~0q2~qi~qs~qse                      ~q. ~q.  t oriented research ~q.~q' - ~q'
                             designation, of an estuarine area as a            representative e~qstua~qi~qr~2qine research                ~qana~6qgeme~qn ~q. _ ~q,                  ~8qluest~qs for
                             national estuarine rem.- ~2qv~qn~6qder section~q'           reserves ~qT~16qhen provide opportunities for           In response -to Tev~8qi~qew~qS~4qM ~4qM
                             315(b~4q)~8q(2)~8q(A) ~qof the Act. ~0q1~0q6 U.S.C.                long-term research. education, and                clarification and consistent with the
                             ~0q146~36q9b)~2q(Z~4qI~6q(A~2qb is that -~qih~qe area i~qs~q.a~q.              interpretation.                                   response provided above, I ~q9n.~0q1~6q1d~6q) and
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          29944            Federal Register / Vol. 55, No. 141 / Monday, j~ly 23~ 1990                               Rules and Regulations

          I ~~~~~~(e) have been revised                          and education grant funds. See subparts              sentence to include a reference to the
          appropriately.                                        F, G. H~. Site acquisition limits are                 revised I 92~1.~q1~q[d~q) and ~qJ 921~.1~q(e).
            P~op~sedï¿½9~q2i~,~qi~q0~q?~-~q-~q(~qI~q) One reviewer                  statutory. (16 U.S~.C. 14~61~q(e)(3)~q(A~q)~q)                 Section 921.2~q-D~ef~qin~qitions
          recommended that a formula be                           Funding limits ensure that some
          e~tabl~shed that would "pre-determine                 funding is available for those types of                Proposed ï¿½ 9~2~1~-~2~q(~qb~q@-lt was noted that
          the min~imurn level (percentage) of funds             awards which support most directly the               the Secretary of Commerce recently
          that would be set aside within the total              mission and goals of the System (ie.,                delegated authority for matters relat~qL~-i~qg
          ~                                                                                                          to National Estuarine Research Reserves
          ~S~ys~e~~nl budget for specific categories             generally, after designation of a reserve,
          (Research. Education, Monitoring.                     the competitive awards). As                          to the UnderS2c~retary for oceans and
          Opera tion/Management, Acquisition.                   importantly, funding limits are                      Atmosphere.
          and Dev~e~'~.~o~qpme~nt)~." In addition. this                 necessary to ensure that available funds               Response: NOAA agrees with the
          sa-ne re~%~qi~ewer recommended that the                   are awarded in a relatively fair and                 recommended modification and has
          allocation of acqu~Isition/development                 proportional manner among national                   changed references from the Assistant
          funds should be made on the basis of                  estuarine research reserves. In the                  Administrator to the Under Secretary
          greatest need measured against                        absence of such limits. one or a few                 throughout.
          predetermined criteria.                               research reserves could receive the bulk               Proposed ï¿½ 921.2~q(d~q)~q-One reviewer
            Response: N~6qOAA acknowledges that                    of available funds at the expense of a~ql~ql             recommended a modification to the
          under certain conditions establishment                other reserves. These limits prevent                 second sentence of the definition of
          of predetermined percentages for                      such a substantially disproportionate                estuary to include the term measurably
          allocating funds among programmatic                 'distribution of limited funding.                      diluted with freshwater rather than
          categories could provide greater                        At present, some of the existing                   minimally diluted.
          predictability in the distribution of                 research reserves in the System are                    Response. NOAA agrees with the
          Federal funds among reserves. However.                approaching the eligibility limits for               recommended modification the
          the advantages of such an approach                    acquisition and facility development                 recommended term "minimal" should be
          depend on a predictability in both the                awards, while most have received less                the term "measurable". The definition
          level of annual appropriations as well as             than 50 per cent. and a number less than             has been changed accordingly.
          major acquisition and development                     25 per cent. of the eligibility limits of              ~0qP~qm~qPosed ~qï¿½ ~q9~q21.~q2~q(e)--~qFive reviewers
          needs for the Reserve system. The                     these type of awa~r~qd~&~q-a difference                    stated that some confusion has resulted
          uncertainties in appropriation levels and             between these categories Of                          in the reversed order of the terms
          acquisition needs are sufficient enough               approximately one to three million                   research and reserve in the name of the
          to make an allocation formula among                   dollars. These differences are justifiable           System. National Estuarine Reserve
          the six major funding categories                      on the basis of relative need. reserve               Research System. and the name of each
          (research. education. monitori~n~6q&                      size, property values. construction costs,           individual reserve. national estuarine
          predesignation. acquisition/                          etc, A greater difference in relative , ~-            research reserve.
          development. operations) unfeasible.                  allocation of funds between reserves
            NOAA attaches primary importance                    would favor~"di~sproportionally some                     ~0qR~qwpo~nse. NOAA acknowledges that
          to ~lon~g~term support for the-operational              reserves and. ~qik~s' a result. be detrimental          some confusion has arisen as a result of
                                                                                                                     this difference. However. this is
          needs at each reserve as described in                 to the System as a~qWhole ~' ~"~q" ~q1
                                                                                                ~e ~5~i~.~~'          ~' ~' ~'statutory language which only can be
            921.32 of these~"re~qgulat~qions. and to                   Eligibility limits ar~qe established for
          fu~l~f~t~i~l~ng the research, education and                the purposes noted above and not to                  changed by amending the Act.
                                                                      son'      ~qI-e~6qk~qi~qi t a~qfese                   rese~aS~0q&~qf~qr~q6n~q-9~q21~.~q4~_~q=~0qAe~a~qt~qi~qo~2qm~qh~q!~,~q0to~4q0
          monito~qA~4q4 objectives of the program.                   unrea     ably"    ~"~'  c         ~qi~qi~4q6             ~r~v                       a
          unlimited eligibility for these for the               from access to availa~qb~qle~'~qFederal funds.              P~,~q,~,~qI~qs~qlo~n~s of the ~6qCo~a~qi~4qW Zone
                                                                                                                     ~'Mana~qge~qinentAc~qL
          awards-                                               On the ba~'~sis ~q;~ NO~2q"~qi exp~qP~r~I~qa~qg
            (2) Four reviewers expressed concern,               admi~qn~, te~qr~qh~2q4~'Fe~qderal ~4q6~4q2~c~qiai
          or objection to limiting the funding                  assistance for the ~qS~qj~qit        ~qi~4q" be~qc~qi ~qt~qiei      'I-   it was noted t~6q6~qi th~qe existing program
                                                                                                                     ~r~2q4~qi~qla~qt~qio~ns'descr~qib~qi this se~q6tionas
                ~il~i~qty of any one reserv                                                                                                                      of the
          eli~gib                           e under any     -    ~ofcomm~qi~r~qit~qif~qrom~'~i~n~a~ny ~se~a~n~.~.~
          type of awa~4qa paiticul~qa~rly operation/                  reserves, the eligibility ~qh~qi~n~qli for-                 Relationship to other provisions
                                                                                                                     Coastal Zone Management Act and to
          management awards. These re~qv~qie~qw~'er'~s                  ~o~qpe~qmt~qion/ma~nage~in~'enta~'w~7a~'~r~0q&~~qW~'as -                 the National Marine Sanctuary
          comments ranged from general ~qco'~qn~eern                 raised to a maximum of $7~q0~6q= Pei site                 Program". Text describing the
          to recommending that a~ql~ql funding-caps                 per year. In response ~qto.~comm~q6~ats on
                                                                                                                     relationsh~qi between the Reserve and
          be removed from a~ql~ql types of awards.                  the proposed re~qgu~qla~qdon~s~q; the e~ql~8qWbi~ql~qi~qty                           ~qP                 ~omitted~qL New
          These reviewers also stat~qa~`~q4 their ~7~.~7                limit for major facilii~qiy ~q6o~qhs~qt~r~'l~qi~ction has         Sanctuary Programs was
                                                                                                                     marine sanctua~ries~'and estuarine
          general concern regar~qdi~0q4 a perceived                  been raised ~q50 Pei cent ~qi~qn these final               re~.search reserves are being designated
          lack of long term Federal financial                   regulations (see response under
                                                                                                                     in close ~qge~o~qg~qiaph~qic Proximity to one
          commitment to the System~. -                           proposed 1921~4q3~q1 below).
                                                                                                                     another and therefore improved
            Response: -Annual a ~qj~qr~4q5~qo~2qt~q@~q4~6qi~c~n~q@are                    ~'Pr~qposed~qï¿½~q0~q2~q1.1~8q&~q@~q-~6q@~q6.~qt~qiview~e~qi                        ~qP                                     grams
                                     ~8qp~2qp                                                                              coordination between the two pro
          limited. not ~qu~qn~0qli-ited. ~6qF              ~qe~0ql~52qW~4qb           disagreed with the requirement that land
          limits f~qcr each reserve h~4qi~0qV~qe~q- b~6qe~qe~32qi~q'~~q-                 already In a protected status can be                 iswa~qr~qr~q-~2qint~8qid.
                                                                                                                                                   s. ~12qT~0qhe revision
          established in re~2qg~8qulat~2qlo~qi~6qns~q' `~56qo~qn~8ql~0qy~q"~q,~qt~4q4~4qh~6qir~q_e           included within a reserve 0~- nly if the              ~32q4~q'~20qAe~q8~12qP~q*~q0~q'~qn~q'~q8~4qW NOAA agree
          determined appropriate and necessary                  managing entity commits to long-term                 ~2qL~q. of the section h~8qiad~8qi~0q6~8qg and text should
          for the establishment and on'-going                   non-manipulative management                          be adopted and str~8qin~6qgthened. 'Me
                                                                                                                     ~36qr                       ~q-mat~8qion from the
                                                                                                                     ~qo~8qi~36q&~qs~qs~qion of this ~6qInfo~2qz
          support of the m~6qIssion ~qa~q@~0qnd ~4qjoals~q'of the                ~16qRespons~4qw NOAA believes this                                                      ~6qiano~q*            ~2qight-
          System. These regulations establish.                  requirement Is necessary Consistent                  proposed regulations wa              vers
          annual eligibility l~2qi~qrn~2qits for operations             with the mission and goals of the -                  The section heading ~4qa~qnd text have been
          ~q(~q$70,000 per year. per reserve) a~6qiid                  System Essentially this Game subject is              revised appropriately.
          program-life limits for site acquisition              discussed in the response t~qo comment$                Sect~6qi~q-on~q'~q.9~8q2~q@~q-~4q1~q.1~q,~8q0~q,~8q-~q@~q,4~0qC~0q;ene~4qm~8qi~q.
          (~q$4 million per reserve). Funding                     on proposed I 9~4q2~4q1~q.1~4q(~0qd) and I 9~4q2~4q1.~4q1~4q(e). In
          eligibility limits have not been                      order to clarify the intent of this                  ~q. ~12qPro~8qposedï¿½9~0q2I.~qi~0qo~6q(~qa~6q)~q.~0q-~2qFive reviewers
          established for research, monitoring~q.                 provision. NC~0qIAA has revised this                    objected to two or more states which
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                                          Federal R~~q&~t~w.~ Val. 55~ No. 14~1 / M~nd~~y, July 23. ~1~9~q%                              ~qX-~~le~ and R~~q4~~ia~ï¿½~i~~~a~                   2~q2~qM

                          share a biogeographic region being                 The remaining reviewer rec~amme~nded                 Post site selection. In addition. however.
                          limited to the de~velop~qme~i~qn -of a -single           extensive revisions ~l~o the-subsection to           under the new subpart G, N~8qOAA may
                          reserve, even if it was a mul~t~qicomp~onent           provide guidance on where habitat                  provide ~qf~qf~na~ncial ~assistance~-~an a
                          reserve with components in each                    manipulation would be allowed.                     competitive ~qb~z~s~qi~3 -fur each phase ~of a
                          respective state ~qfe.g~.. Maryland and                  Response: After careful review of this          monitoring program. These grant awards
                          V~qi~rg~qu~iia in the Chesape~ake~2qMay                      subsection. N~2qUAA do" not believe that              will be separate from ~T~qhose provided for
                          subregion of the Virginia biogeographic            the buffer zone concept -should be                 estuarine research under subpart F~.
                          region). These review r~s specifically              deleted or that substantive revisions are          Section ~q221~.13~q-~i~2qW~an~qggement Plan and
                          objected to the elig~qib~qU~qi~qty limit on land           appropriate. The basic ~app~poach                    Environmental Impact Statement
                          acquisition funding (see ~qï¿½ ~q92~q1.~q1~qU(~qb~q) and           presented is sound. A critical concept             Development
                          ~q1921.20) as it applies to any ~qind~qividual           and distinction between the two areas
                          reserve, single or multiple ~r~o~2qmp~onen~qt.             which may~-h~ave been overlooked is that               Proposed ï¿½ ~q92~q7. ~1~q3~q(~d)~q(7~q7-Th~ree
                             Response~: NOAA agrees. Some of the              key land and water areas ("core") -and -a          reviewers provided comment on the
                          System's biogeographic su~qbregion~s~.are              buffer zone -will likely require                   acquisition plan guidance of this
                          represented by more than one reserve in            significantly different levels of control          subsection. Two reviewers requested
                          more than ~one state. Asa remit In the              (see ~qJ ~q9~q2~q1.13 ~q(~a)(7~q1). In addition to the          additional guidance -on what constitutes
                          case of a biogeographic region (see                basic principles e~stablished.in the                "adequate state control" and
                          Appendix 1) shared ~qby two ~ur more                  regulations, NOAA has developed more               commented that the requirement to
                          states, each such state should be eligible         detailed boundary guidance which is                assess the co~at~,~affect~qi~ve~ness ~of control
                          for Federal financial a~ss~qi~a~tance to                available to states attempting to conduct          a~qllemative~s is ex~c~es~s~i~v~e~ly~0qburdensome.
                          e s~qtabliah a national estuarine research           the difficult pr~oce~s~s~-of boundary                  The remaining reviewer stated that
                          reserve within their re~spect~qi~vep~ar~qti~on             delineation of a proposed -site.                   having four n~qii~0qMon dollars ~qi~qn funds
                          of the shared biogeographic region.                   ~6qP~r~p~2qposed~qï¿½~-~q9~q2~,~q1.~q1~q1~q[~c~q)~q(5~q)~-~-~0qO~ne reviewer           available for land acquisition is not
                          Section ~q92~q1~.1~q0(a~q) -has been -amended to            recommended emending this sits                     consistent with the-requirement to
                          reflect this revision. Because of this             selection pri~n~c~qipl~a~qto include "the                 conduct an assessment o~ql~qi~qhe cost
                          revision. the phrase which begins "In              support ~c~ql~an~qg~aing~o~r Planned
                                                                                                                                effectiveness ~a~qfac~qqu~qisition alternatives.
                          the ca~3e of a multi~c~Gr~ap~o~nent ~n~g~qti~onal             mana~qgeme~n~qt-~a~l~qmde~A In~. nearby                         Response. What constitutes
                          estuarine* ~* ~I'~l~qi~n~qj~qo~8qn-~q1~q0~q(~a~q)~,~q1~q9~2q=3~q1~.                 estuaries, including these 1~n.~qthe                  adequate State ~i~c~e~ntr~ar Is dependent
                          and I ~qQ~q2~q1.3~q2(~c~q) ~qis no longer necessary             National Estuary Program."                         ~onsite-~speci~qf~qic~c~qi~qbc~ t~a ~i~s~s-a~nd
                          and ha~sbee~n deleted.                                  Response; NOAA considers'                       requi~teme~nt~s~.~'~0qM~e~r~qmo~st-e~4qf~4qf~4qi~0qde~i~rt ~u~se~-~of
                             Proposed ~qï¿½92~q7.~qY~qO~qrb)-T~;wo reviewers                 ~q92~q1.11(~c)(5) to encompass this concern             -Sable
                          commented that NOA~6qA should c~o~n~6q6der                 in th~art~-~q1~qh~e ~0qStat~e~qls~-~re~qq~0qW~r~ed to                    ava~d      ~-~a~cq~qu~qi~s~qi~qf~qi~e~n funds can only be
                          a higher eligibility limit ~G~r relative             demonstrate ~qb~c~rw fhe proposed ~i~6qf~6qt is               ensured ~qlh~qw~u~6q& ~q4~4qW ~qi~qd~e~4qm~4qA~c~s~ql~qlen -of
                                                                                                                                reasonable control~, or acq~u~qi~qs~qi~qlt~qh~qm
                          greater~'funding~'~qfor a~qmard~s~qto mul~qd~.                 consistent with existing and potential             alternatives and an assessment of their
                          component ~tes~erv~e~s than't~o single                  land and water uses. ~6qEd~qth the
                                                                                                                                ~n~3~4qk~6q%~v~e ~c~t~qm~8qu~qm~qd ~a~0qf~0qf~e~c~qO~ve~nass~. This
                          c~ompa~me~n~t~ze~ser~wa~s.                                 designation by ~8qN~8qOAA~-~ef ~&T~qe~serva                    does ~n~ot~3~qm~u~ess~a~r~qi~qly~ine~an~qih~a~qt~qthe lead
                             Response: ~0qW~4qO~6qA~0qA disagrees. F~qundi~r~6q%               u~n~4q&~r:~8q&e Ac~qi~l~e~n~qd~.~qm~q-~an~ia~i~qg~ement plans                co~o~qd~qy ~ap~2qf~2qi~an In ~0qA~u~qlla~n~s~qi~s ~qt~qh~e ~qal~qt~em~qw~2qb~qa
                          for ~qt~qhe System is l~qi~n~i~qf~qted. A Sta~4qU ~elec~8qf~8qt          dev~vloped~q4h~qwu~qS~4q1~q4~qh~e~q19~qd~6q&~qf~qi~4qd~2qBs~qf~qt~qW~qy
                          to ~i~st~a~qb~ql~qi~qdl~i a mult~qi-~c~o~n~qq~y~on~e~qut~ze~ser~u~e            Program d~qU~qth~qi~?~6qU.~qS~.~1~2qW~0qA~'~q4~qi~qo~q;~qw~qb~2qm~q?~qf~qt~e~qd
                          ~Q~r~qvxp~qm~Td it single cam                                                                                h~o~qw~e~%~q~qm that ~v~4qI~r~ea~s~o~qm~4q& ~q=~n~qtr~ol
                                                      p~o~n~e~nt~-r~es~er~ve'        to t~qhe~0qS~qt~a~8qk~qi for a ~z~qoiet~qir~8qm~qin~e~qii~qi~in ~.~0~q1             alternatives -should be ~qth~er~ou~qshl~qy
                          with ~0q*~4qM ~4qb~qm~v~qF~0qk~2q*~u ~i~p~4qf~4qth~e ~q1de~n~q1~8qT~qa~4qW~'~r~'~_~,               consistency under section ~qS~8qO~q(~4qO~q(~ql~qi~qv~qi~qf
                                                                          ~$~,                                                    examined and ~qS~qhe~qirze~qlat~qt~i~qe c~o~st~s,_~1
                          e~qf~qf~qgf~q6~8qW~qhm~1~0qN ~o~in ~qk~i~ny t~n~c~qf~qi~;~qi~qf~qd~qi~n~4q&                  the Coastal ~qZo~n~e~:~2qM                  Act ~qi~0qd    ~   identified. ~qT~qh~e~8qJe~v~e~qi~e~qpm~e~nt~@~8qd~qzn
                          reserve, whether, single ~or~qmu~ql~qd~qi:~q11~9               ~q1~8qW~q2~.~q2~5 ~qam~qm~id~ed. ~6qN~0qO~2qA~6qA views this
                          compo~n~ent.~'E~qa~qt~a~"bl~qi~e~ql~qlng ~i   ~ e~pa~r~a~qle-~'~@~qL     ~-~j, ~q.~q6~a~qh~6qv~8q&~8q6~, ~q=- an ~qe~4qn~s~e~6qf~6qt~qw~0q6~c~a~qm ~4qU                      acquisition ~qp~ql~a~n~ql~a ~a~n~4~4q&~qwable -cost
                          fu~n~qd~qi~n~qg~e~qt~I~qg~qIb~0qM~qt~qy I~qf~qt~ni~qts Tier, or                                                    ~q&~I~a~n~i~l
                                                                                           ~qi~e~ql~e~van~qt ~z~a~a~qi~qid ~z~q@~nd                 ~n~4qw~q1~qi~on ~qA~Q~qUa~qm is ~qA~4qW ~A~4qi~i~qi~a~4q"~0qW -but is
                          d~qispr~opo~pti~o~n~sil~qly ~qT~qun~qd~qI~2q4                          ad~va~n~c~et~qh~e                                                                                   Mon
                                                                                                                                th~qi~qi~4qQ~qb~2qf~2qt~'1i~qim~qiL~qf~er1a~nd ~acqu~qi~qd
                          mul~qfic~emponent ~P~eserve~s w~o~u~ql~qd~ql~y~s                   -estuarine                                         fund~e~qf~o~qia~ny~o~n~qs,              ~6ql~e~qg~a~r~qd~qi~e~s~s of
                          likely ~qlo~'h~a~ve -a significant ~v~qilv~er~se             ~qh~qz~qlu~qdiv~6qi ~4q&~qM ~4qd~-~4q&~O                                   the ~qM1~1m~qm~qt Of ~8qb~ad~qi~ng~0qi~v~qi~qfl~8q&~e~6q4~k~r
                          impact on s~qingle~,~qc~omponent ~qm~s~E~qw~qi~4qs~'~-                P~rogr~am.~4q7h~e~r~e~qfa~re.~,~qJ ~0q=A~q1~qJ~qq~8qO~q) has
                          and. as a result. (he Sy~qi~qtem ~2q" ~-4 ~w~4q&~4qA~L             been amended ~1t~o            Ina~~qM ~2q"~c~qif~qic           bind a~c~qq~qu~qi~si~qt~qi~an. a ~q(~qh~or~ou~2q& as~qi~e~s~s~qme~nt
                                                                                                                                                                 I ~8q&~e~q3~r~cost
                          Further. acquisition and development               our Intent that ~i ~sit~e~e~q4~qp~qp~e~0qd~'e~s~qtua~i~rine            of a~G~qq~n~q1~s~qi~qt~qionalte~r~n~a~qt~qi~qves an~c
                          funds are ~qli~n~qf~qited~,b~qy ~0qf~0qf~0qi~qp Act;                    m~ana emen~qt ~O~6qw~ec~2qo~qn~s~.                                effectiveness Is necessa~ry~'~6qW ensure
                                                                                   ~q9                                                    ~i~qb~ql~e a~nd ~v~0qN~qi~6qde~n~qt use o~4qf~0qFe
                                                                                                                                re~s~qp~on~s~i                                  d~era~ql
                                                  ~6qS~O~qJ~qA~8qW~0~2                                                                             funds. Ate minimum ~q1he ~qIlegr~e~e o~qf
                          Section ~q9~q2~q1.~_~q11~-~q@~0q@                                 ~0qSec~qd~qd~q@ ~8qW~8qJ~2q&~q-~0qP~O~&t~0q5~1~*~8qb ~qS~e~ql~ec~6qd~O~qf~qf                      ~qgr~sm~qt
                             ~6qP~h~q;~q=~ed ~qï¿½ ~q0~q2~.~q1~.~q1~qj~q(~h~q]~q(~8q2~0qp~-4~0q0n~e ~r~e~mie~qw~qn                Proposed ~qï¿½ 9~q21.12~q(a)-Two reviewers              state -control mu~4qm-pr~ov~qid~e adequate
                          r~e~amnm~e~nd~ed~-~qd~a~it~-~@~0q&e~qlast~,s~qa~4qg~enc~e~8qt~e                 recommended a ~2~ep~a~m~st~e ~-~q1~2q"e ~i~4qd award               ~q1011~q8~q1~6M~'Pr~Ot~e~`~-~6q@~4q" 'ensure 1~qb~r
                          revised to A            ~qx~20qd~qer~qenc~qe to-&:             fo~qr~4qm~qc~0qa~8qf~8qt~qor~2qt~qa~6qg~4ql~6qiz~qat~qu~0qmil~qdp~6qw~qa~0qWe~ql~qo~qn~16q&~q@                  reserve ~re~s~cur~ce~s a-stable ~e~nv~qir~o~qmn~e~rd
                                                                                                                                                         ~qV~q4
                                                                             term support for these activities.                 f~qo~qr~qTe~qsea~qr~6qd~4qh~4q:
                             A~qi~qmpa~qn~qs~qe.~q, NO~16qAA~qa~2qgm~qe~qs ~4qt~4qhat~qa ~qa~qn~qin                    ~12qR~qe~16qV~qo~qn~qse.-~12qW~16qOA~16qA~.~qs~6qgre~qe~qs. A mew                       Pr~qoposed~8qï¿½~04qM.                             ~6qe
                          revision ~12qU~qz~qi~qe~qcess~qe~q7y~4q1o ~qc~20qU~qm~20qO~16qrth~qe~q" I I               ~qsub~8qp~qa~qrt~qI~20qG~q-~20q4~6q8~qo~qz~qi~2qf~2qt~qur~6qin~2qg~4qIr~qs~qs been added              rev~2qiewer~qv~0qi~qsted~6qth~qet~2qI~16qMA~12qKs-
                          of this ~qse~qn~0qt~qen~qr~4q&~20qTh~qe~4qm~qnt~qim ~8qIms~28qb~qee~qn                   to the -     ~4qi~6qf~6qf~6q6~4q=~8qJ~qY~qu~4qbpa~0qf~08qW~56qG ~qi~4qmd ~16qN df               r~qe              ~8qt~qo ~8qki~ql~0qi~0qk~qe is ~q1~4qw~qr~qi~2qd~6qi~qv~8qi~qency
                          revised Ina             ca~qn~12qd~qatent~0qw~28qf~28qt            -~q7 ~qL~qU~qW .. ~qJ~q"~qW                                                          ~qsh~4qbu~0qla~24qle~qi~qn~qea~qs~20qaear
                                                                                             it& 4                              early in ~4qth~qe~qv~qe~2qf~2qf~24qd~12qM~qO~qD~6qO~q.~q,~q:~q;~qz~q@~q'~q,
                          corresponding ~qc~0ql~qa~qx~6qi~52q4~6qing                         ~q.to rele       ~q8~2qi If             f~6qhm                    ~12qR~qa~4qgp~qo~qi~qrs~0qi~q-N~20qO~16qM agrees.       ~q.A r~qe~4ql~6qa~qre~qnc~qe
                          I ~4q9~4q2~4q2~00q1~0q1~4qd~0q)~q.and I ~8q9~4q2~4q1~q;~0q2~0q(e~36ql                           re~qspective~4qi~08qr~q, -~4qd~4q4~qr~qi~ql~4qm             ~q-~qnu~24qmberi '~q"
                             Pr~qo~2qp~8qm~qe~0qd~4qi~08q=~08qm~0qt~qu~0q)J~8q2.~8q@~24q@~qr~qe~qe                           being renumbered -a'              ~4qly~4q). ~20qb~6qa~8qt~28qW        to I ~08q=~08q3~48q0~4q) boa ~24qU~qien~qa~8qdde~8qd'~8qt~qa ~20qf~20qf~20qi~4qn
                          reviewers ~qc~6qm~qw~4qm~qe~6qw~qe~qA~qmn ~0q1h~qe~qco~qn~qc~qe~8q;~4qf~4qt w~q3~4qf               funding ~0qfor~0qba~qsic~q,                 ~qa~0qt~2qi~qo~qn of ~0qi~4qbe     subsection to ~20qda~qr~8qi~0qf~8qy ~16qN~16qO~16qA~12qK~qS
                          ..core" and ~q'~6qt~6qw~16qH~8qw~q"~12q*r~q&a~qs~q,~qor~q-zon~qe~qv. ~12qT~qW~4qW              ~6qE          ~8qj~qe~qo~6ql         ~qch~qe~0qm~4qi~qc~28q4~6qa~qnd -               consistency ~20qA~qst~qe~qr~0qwh~qi~qat~8qi~qo~qn
                          of these r~qe~qv~2qi~qew~qer~qo~qx~qa~qc~qamr-d~qed                          ~2qfolo~2qg~0qic~qa~4qL~qc~0qhaTac~0qt~qe~qr~2qi~qefts -of ~4qT~0qh~qe ~q6~2q1~08q% ~0qW~8q111        responsibilities ~qea~0qf~0qly~6qi~qn~q.p~qrep~qa~qr~qa~08qM~qo~qn~q:~0q6~8q1~2q!
                          deleting the concept ~qaf~qa bu~16qf~16qf~qerz~qo~qn~qe.               continue to be provided under ~6qi QUM~2q-               the management plan.
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         ~~~46           Federal Register / Vol. 55~ No. 141 / Monday, July 23, 1990                             Rules and Regulations

         Section 921~.20~q-~2qG~en~e~ral                               Section 921~-30~q-~2qDesig~nc~tion of National              Section ~q921~-32~-~-~-Oper~ation and
           Proposed ï¿½ 921~.20~q-Two reviewers                    Estuarine Research Reserves                         Management~, Implementation of the
         requested a clarifying revision to the                 P~qXDos~ed ï¿½ 921~.30~q(c)~[~q-Two reviewers                Management Plan
         last sentence of this subsection; the                provi~q@ed comments on the designation                  Proposed ï¿½ 921.~q3~q2~q(~a~-~qd)-Seven
         addition of the phrase "to a coastal                 criteria listed in this subsection. One             reviewers objected to the eligibility limit
         slate."                                              reviewer recommended a change in                    on operations and management awards.
           Res  ~~orse: NOAA agrees and the                   (a)(4) at variance with the Act. The                They noted that the statute contains no
         sec~~c~ has been revised accordingly.                other reviewer recommended an                       provision for withdrawal of Federal
                                                              addition to the designation findings to             support for continued operation of the
         Sac' ~~`on ~q921.21~q(e)~q-~qI~ni~l~qi~a~ql A cq~uisi~qtion            include a requirement that. in the case             reserves. The termination of Federal
         C~7 ~d Development Aw~c~:~-~qds                            of a State which contai~r~s, ~qin whole or              support for ~the individual sites is viewed
           Two reviewers provided comment on                  part. a national estuary program                    as a lack of Federal commitment to the
         this section. The first reviewer                     convened pursuant to section 3Z~qO of the             long-term maintenance of a
         requested clarification that ~0q&~.e provision           Clean Water Act. suitable consideration             representative system of estuarine
         regarding de-designation of a site                   has been given to integration of research           research a~nd education sites.
         applies only to properties acquired with             and public education programs of ~qt~qhe                  Response. The Reserve Program was
         F~~deral funds. The second reviewer                  estuarine research reserve and the                  designed and continues to be a State~@
         stated that the provision to compensate              national estuary program. It has also               Federal partnership. The key to this
         the Federal government for ~qIt~s share of              been noted that the final management                partnership Is the requirement that
         the acquisition cost in the event of de~.             plan as the governing document for                  NOAA share with the State reserve
         designation. may be contrary to overall              subsequent operations and management                program the financial needs associated
         coastal protection objectives because                of the reserve should contain the signed            with site designation. land acquisition.
         the state may have to sell the property              designation findings. Subpart (a) of this           research. education and operations.
         to development interests in order to fully           section should also be revised to show                As discussed previously, appropriate
         compensate the Federal Interest.                     that the Under Secretary is responsible             eligibility limits ensure that funding is
           Response: Regarding the first                      for designation of reserves in      ~*            ~*I available for competitive research
         comment NOAA does not believe                        accordance with the delegation of that              education and monitoring awards. It as
                                                              authority from the Secretary of                     some reviewers suggested. NOAA
         additional clarification is necessary.               Commerce.                                           removed the annual monetary ceiling for
         This subsection states specifically that               Response. The terms for desi~qgnat               Iion operations and other awards. an
         these provisions apply to "any real -                of a National Estuarine Research                    inequitable and disproportionate
         property acquired in whole or part with              Reserve are set forth in the statute.               distribution of the limited f~ands for the
         Federal funds              Ile second                NOAA agrees that research and                       program could result. Annual
         commenter acknowledges correctly that                education programs should be                        operational eligibility limits in addition'
         these'requirements are designed to                   integrated between the Environmental                to ensuring the availability of funds for
         accomplish the goals of the National.                Protection Age   ~n~qc~8qys National Estuary             competitive projects provide a stability
                                                                                                                  and even d~qis             am
         Estuarine Research Reserve System and                Program and NOAA'~s National             IV_                        tr~qibut~qion     ong designated
         that this provision helps* insure that               Estuarine Reserve Re~ge~a~qn~qh ~qSy~st~e~in~.                  and developing reserves. Consequently
                                                                                                                  NOAA~-~  is retaining th~qe ~6qf~6qt~q@bil~qity limit of
         reserves maintain t~qh~qe~q4~qi~qindards ~`~-~'~"~q9~0~qf~t~3             'This-effort has- 'already ~@~q6~6q@lated ~-
         established for the ~system~.and, if they                                                                  $70~,000 for~'op~q@~ra~qf~qion~s ~qa~nd m~i~'~qa~n~qi~qg~qemen~qt
                                                              through a memorandum o~qf~A~qs~,~.~r                                        or
                                                                                                                           per ye
         do not. that a ~qper~centa~qg~qi of the fair                unde~rs~qt~qindingb~qit~8qw~qo~qo~4qd            programs ~@a~qi        ..Per site
                                                                                                                             concurs ~qi~q;i~qih ~qt~qhe rev    ~qiewers'
         market value- to ~qs~qi~qf~qi~qdlabl~qi t~q6~-oth~qi~qi~'~-~s~l~o~.           the N~qit~qiona~8qU~qbvel and is being pursued                 NO~0qAA
         re erves. It should al~qio~'b~qi ~qt~qio-~qt~qed that             -at the local level. where appropriate.             assertion that~.th~~e~.s~qtatut~e. does not direct.
                                                                                                                  the Federal Govei~ni~qie~'~qn~q(to a~2qV~8q6~4q6n Its
         these ~O~o~6qAsi~q@~qns a~re ~qn~qot ~qne~'~qW~0qA~I~nid ~qh~qi~q4~qi:              Theref~o~qm'NOAA believes ~qi~qt ~qd~qdes not
                                                                                                                  _support and financial commitment to
         been in place since th~qe inception of             ~h~qe require restatement in the ~8q0~q6~q8ra~rn~.                reserve operations at, the conclusion of a
         Reserve program thr~qdu~qg~qh~qi~r~a~qi~qi~i~qi ~"~' ~'~"~'                regulations. How~qiv    ~i~qi~qi'NOAA agrees               prescribed period of time or when an           ~.               I
         directives contained in OMB Circular A-              that the mana~qgem~qi~n~i~qf plan should                      bitrary cumulat~qive~'~qfundin~qg ceiling for
         102. The provisions in the Reserve                   contain the findings of de~s~qlg~q6at~qio~n~*~qs~ind            or
                             taken  ~c       ~"~2q"m~qi~qli~-          the regulations should show that the                Federal support of operations has been,
         regulations are            ~qlirectly              ~e ~,                                                     met. By imposing a f~qix~Cl~qed dur~qit~qi~o~8qd~qf~o~r
         A~102 Circular and apply ~qto ill ~r~8qW                   Under Secretary is responsible for                                             I
                                          ~qM                                                                       Federal support of Reserve operations
         property acquired in wh~o~'~0qG~qo ~6qV Part with              designation. The regulations have been              NOAA may undermine Its ability to
         Federal funds. It should ali~qi~qi be noted              revised accordingly.                                participate effectively with the Reserve
         that there are other~~qalte~q*                           section ~q9~q21~q-~4qn~8q-su~2qp~6qp~qlem~qen~qtal                                       ddres~s coastal and estuarine
         from sale of the prope'                          ~8qt~qof~q@ -A~qc~48qW                                               system to a
                                                                     s~0qi~20qdon and Development Awards                 management issues of national
         de-desi~2qgnation the sta may                       tide ~q-                      : ~q- ~q1- -~q:~q,-~q,             -  significance. The previously proposed'
         or transfer title to the ed~0qe                     ~4q@~q- ~q* ~q- ~q*~- ~0qP~6q@~2qO~6qi~qj ~qose~24qd~8qJ92~8q1~q-31~8q-~6qF~qOu~2qi~6ql~6qiv~0qiewer~4qs               three you support per position a~0ql~0qlocated
                                         ~q-~q. ~q,             ~q,         P
         government.. In these ~qs          ces ~0qi~4qt is           expressed concerns that the e~4qll~6qi~4q0~8qbili~4qf~0qi             through a $420,~12qW~2qo operations ceiling
                                                              limit of s~16qu~12qmooo in Federal financial ~6q7~q7             also established a complex and
         Likely that the resources of the reserve
         could continue ~6qto be p~qr~qo~0qtecte~q'd~6qL Wh~6qi~4ql~28qi~q'~6q7~q4~q,           assistance for facility ~qco~6qp~qst~qru~28qaon may ~q-            burdensome a~0qdm~qi~qni trat~2qive process
         none of these alternatives are                       not be adequate to meet anticipated                 which is further complicated when
         inexpensive they do, as noted by the                 longterm needs and ~qsh~0q6u~4qldb~qe                         allocated among Reserves which have
                                                              ~6qIncre                                                                             ns support.
         commenter~q. help ensure that the site                       asedorel~qi-~qin-ted~q.                             already received operati~qo
         continues to be managed and - ~q- ~q.: ~q- ~q-                 Response. NOAA agrees. The                        and the newly designated sites which
         maintained ~6qIn conformance with                       eligibility limit for facility construction         have yet to receive such ~qsupp~qor~0qL To
                                      ~r~na
                                        ~o~q.~8qf~8qt
                                                          ~6qWde
                                        WAS;
                                    to
                                    ~0qF     ~2q:~2q1~4q1~52q1
                                    in tan






         research reserve goals and objectives.               has been increased 50 percent to                    simplify, streamline and improve
                                                              $~4q1.~4q5~4q0~4q0~q.~8q0~8q0~4q0~q.                                         NOAA~q'~qs effectiveness in support of
 

~0




                                           Fe~d~r~qd R~Z~qT~1~ter / Val. 5~5~ No. 141 / ~@~qMond~y, July M~ ~1~9~9~0                                   Rules and Regulations                       29~947

                             Reserve~,aperat~qi~on~s. the t~qh~r~e~e~-~qyear                   with the program goals as specified in                on these issues. Therefore, ~4qNO.A.A does
                             restriction and ~oth~er~-r~e~qfer~er~rc~es to                 ~q19211 of these regulations. The five                  not agree that addi~t~qi~o~r~i~al ~r~recha~n~qi~s~qms
                             cessation ~of Federal support for                     g~oa~ql~s~*de~scribed in this section a~ie                   for d~ispru~te resolution are warranted.
                             operations and management at the                     nearly identical to the criteria pr~op~c~sed             Proposed ï¿½ 921.40(~e~q)-T wo reviewers
                             reserves have been removed throughout                by one c~omment~er. ~qT~qhe c~o~r~-~r~nme~nt~er                    recommended a n~qi~ne~t~qy-d~a~qy ~r~e~qqu~i~r~-~-~qme~nt
                             the regulations.                                     added cost-effectiveness in using                     ~qf~:~)r State submittal of an annual report
                             Sec~t~qi~c~n 9~21.33~q-~2qD~aun~d~qb77 ~6qC~q@~q=~-~,~.-~e~s~,                   Federal funds as an additional criteria               instead of sixty days.
                                                                                  which, while not directly stated as a
                             ~1~1~.~1~7~?e~n~qd~@-~,~.~'~e~r~7t~s to the ~8qM~qm~c~qg~e~q=~e~n~t A~'=                                                                   ~qR~aspc~r~s~e~. NOAA agrees. ~qS~e~c~t~qi~an
                                                                                  prc~qgr~a~in goal in the re~,,~qn~i~qlati~ons is                 ~9~21.40(e) has been revised ~aC~-~C~1~-7~qdi~7~1~c~,~'~V~,
                             ~C~r~IdA~qddit~qicn of ~8qM~u~ql~t~@~qp~qle-~s~qi~qt~e                        implicit ~qL~a any evaluation ~c~qf efficient               NOAA ~a~ql~.~,o notes that this sec~t~;on          ~0.
                             Com~qp~qm~7ents                                           ~r~z~a~r~agement of the total reserve                      indicates t~ql~:at inadequate ~ar~in~ual reports
                             Proposed ï¿½ 9~q21~.33~q(~c)~q-~-Oue reviewer                   pro~qp~qp am.                                             %rill trigger a ~q@~0qA scale perf~a~qm~ance
                             re~c~c~a~imend~ed de~qle~qU~on or substantial                  It is n~Gt feasible to establish a                     evaluation. This provision is no longer
                             modification of ~qt~his subsection to                   checklist for any evaluation to                       needed since ~qï¿½ ~q921.32 has been changed
                             recognize the State's right and ability to           predete~r~n~iine what constitutes adequate               to provide l~o~r~.~q3 term eligibility for
                             aI~ppr~opr~qiately plan and legislate its legal          versus inadequate performance. Each                   ~opera~l~qU~o~r~ns ~r~upport. Ev~a~qlua~qto~ns
                             c~-~har~qge-~q-the research reserve. ~qI~n                    reserve has very unique ~ad~qmin~;strat~qive
                                                                                                                                        c~-r~ise~qqu~ently will be conducted
                             summary, this reviewer objected to                   structures, environmental re~a~r~L~rces~. and              generally at least every 3 years. The
                             N~6qOAA's approval authority/                           corresponding management needs.                       statement lies therefore been deleted.
                             requirement for activities discussed in              NOAA views the eva~qluatio~z~i process to
                             this ~sub~qoc~qti~on. The reviewer suggested               be a highly collaborative effort with the             Section 921.50~-~-Gener~al
                             that It should be sufficient if the State            State such that the evaluation can be                 ~6qN~oposed ~qï¿½ 92~q1.5~q0~q(~6~q@~q-~qFo~ur re -viewers
                             provides NOAA an opportunity for                     used to fo~c~=~s an pa~r~qd~ru~qlar and specific               commented on this subsection. Three
                             review and comment on proposed                       pro~qh~qi~qm areas. It is not appropria~4qt to                 reviewers recommended that research
                             changes.                                             attempt to construct a ~q1~q1tr~im~s test for               ~qf~L~inded under this subpart be allowed in
                             Response: NOAA disagrees. NOAA is                    inadequate or ~ad~e~qq~u~at~o performance                    an area larger than the b~oun~qd-~qm~qi~e~s of
                             responsible for Federal oversight of the             which could reasonably anticipate the                 the research reserve. One ~of these
                             System and each designated research                  substantial ~va~qde~qly ~o~qf issues t~6qW we                    reviewers also recommended that the
                             reserve. As long as a State wishes for a             add~re~s~qm~qd in the ev~a~0qkat~qb~q= ~qp~r~o~c~e~s~q&                      managing entity of ~qthe reserve approve
                             reserve ~qlo remain a pad of the Sy~qrte~in               NO~6qAA would be justifiably ~r~c~qi~qt~qI~C~E~-1~q0~qi for             ~a~ql~ql research prior to NOAA funding. One
                             and to retain Federal de~s~qi~qgna~qf~qf~ort.                  applying an artificial measure against                reviewer expressed concern that funding
                             NOAA will continue to require Federal                unique and ~s~qike~-~spe~cif~qic ` ~n r~y stances.              eligibility ~qis tied to NOAA approval of ~i~t
                             approval of changes in that research                 NOAA agrees with the comments                         final management plan.
                             reserve's ^boundaries and management.                made regarding participation of other                 Resp~o~nse.~-NOAA agrees that greater
                             ~0qCene~r~qi~l~ql                                             officials in the evaluation process. Stich            ~qf~qle~)d~qb~2qf~2qt should be provided for the
                                                                             .-   officials provide ~re         ~Id~at~qi~ons to              area in ~qw~qb~qich ~6qW~e~r~al~ql~qy funded research
                             Proposed ~q# ~8q=~q4~2q4 ~4qf ~4qN~qZ~0qA~q4 and                            NOA~6qA6~-~o~n specific i~a~s~q@~u~qa In the
                             ï¿½ ~q921.42~q-Sev~er~0qd ~m~qa~q4ew~ars                ~'       ~ ~.  evaluation~. To ensure dint Reserve                    under this subpart -may be c~qmduc~qted~.
                             recommended          ~8qM~r~A~qf~qi~a~n~;~o~4qUl~k~qw~o~.                 p~ar~som~qs~el are directly t~nv~o~qb~qmd ~qI~n                     Tits regulations have been revised to
                             ~Cr~qi t~e~g~qia to be ~qc~i~e~qd ~qdu~gin~qg ~q#~er~qf~uz~z~i~t~qw~i~c~e~"           selection of the eva~4qh~w~6qW~or~t team ~z                     a~ql~ql~ow research activity In the immediate
                             ev~ah-~O~nr~u~t J~qp~e~i:f~o~tm~v~q=e ~c~qn~qI~a~r~i~n should               I 921.4~q0~q(c) has be~e~qnr~evi~a~od~t~o~qJ~ud~qi~cat~e                wa~qters~qbed of the reserve while ~s~qt~qU
                             cl~ea~r~2q*~s~qt~at~e~qm~qi~z~at~qa-~d~i~f~id                                                                             "'a ~-~@~q@ -~;~;~l
                                                                     I ~q1~1I~II      that NOAA will ~c~qo~qns~qi~qAt ~V~6qA~0q& an
                             or inad~2qM~at~e ~qp~er~qf~qArma~n~c~i~p- One                        request re~c~omm~e~nda~qti~cris from the -                   activities to be co~nd~qi~qc~qte~qd within f~qh~a
                             co~qm~qm~e~n~qter ~qp~qw~idd~ed~qal~ql~qst of items                      Reserve on the appropriate n~o~n~-NOAA                   boundaries~. N~0qO~2qM also agrees that the
                                                                                                                                        ~qm~a~r~qm    ~e~n~4q*~,~O~qf the Tom" ~S~qhou~0qW
                             suggested ~qf~qir~qi~n~qi~ql~t~u~qd~c~qa~qi~n an evaluation~-              part~qk~qF~qi~qp~ents prior to the eval~u~s ~t~!                   d~qire~c~qd~qV~qi~n~qd~qica~qt~qs appr~o~mal ~o~r
                             Th~r~qm ~re~:~v~6q*w~v~qn~q=~a~qd~e~.~s~v~6q=~e~0qWi~o~n~q@ an                       Therecommen~qd~a~qtion~qt~qh~e~qIt~qt~qh~e~~8qZ
                             the composition of. the ~*~v~a~qlm~irt~qi~on t~q-                                                                     d~qi~llap~qpr~qw~a~ql~c~qi~0qp~r~o~qp~o~v~e~qd           ~qii~rch~'
                                                                                  evaluation ~o~qn~an~in ~qa~qm~qdina~qt~qi~l~a~n                         project. ~0qCl~a~z~z~e~n~qt~qly each ~s~qi~qm I a Is
                             recommending ~n~o~n-~qFed~a~qn~qd andp~2qd~v                       between t~qh~eRes~qm~ve~ql ~q9~'                          ~qmd other
                             individual participation while another               coastal research e~4qf~4qf~qm~8qU is fi~6qf~6qt -~ ~ ~~.~.               ~t~a~qq~u~zs~4q*~qd to ~qmviev~r and assign ~qp~qf~ql~u~qd~8qV
                             com~m~ie~n~qter suggested the re~qg~8qWat~qi~o~n~e                  ~c~o~n~g~qig~qt~a~ut with NOAA ~o~qb~qjec~qt~qf~i~a~e~s ~qb~qw Abe.              ~,to research ~qp~roj~e~c~;ts proposed for the
                             indicate criteria for-choosing the ~-~-~.~-              evaluation process and is currently                   reserve. ~0qM a reserve does not approve of
                             members of t~qh~e ~e~v~a~qh~qa~t~qk~i~r~t t--- ~6qE~qb~u~2q*                  considered under Reserve program                      a particular p~qw~qi~e~4qd that in ~qF~r
                             a r~ecomn~iend~sti~c~m~q@wa~s offered t~qh~8qd the                criteria to "promote Federal~, State~,                  should be ~qa~2qm~o~es~sed directly ~qt~g~:N~2qQ~2qA~0qA-
                             evaluation ~str~e~a~s~qI~nt~2qq~qv~a~qt~qi~on.~,~of the                  public and private u~se of one or more                 NOAA ~qg ~, ~- - ~qi~qhat its ~z~8~v~qiew ~a~nd
                             Reserve p~r~o~qgr~a~qmw~2qN~qb~qv~qi~qb~e~r state                        reserves within the System when such                  ~B~qP~qP~qm~qm~0qd Of state submitted ~q1~q1~11~6q9
                             coasta~ql/~res                     and that ~6qf~6qf~6qi~e        entities conduct estuarine research."                 management plans should be as
                             regulations provide for ~q@~8q@~g~ql~qi~spu~qte                   NOAA however. does not ages with ~qt~qh~a                  expeditious ~q= possible. H~qM~C~qM
                             resolution mec~4ql~qu~4qm~qi~6qls~00qm &ad of                         comment that other d~2qi~qsput~qe.res~qolu~2qdon                  consistent with N~16qGAA's responsibility
                             litigation.                                          mechanism should be devised shad of                   to ensure ~4ql~4qi~04qm~qs~qe~qv~qer~qv~qe ma~qz~qa~2qg~qa~qr~qt~qie~qnt to
                                                                                                                                                                   ~qY~04q&~6qh the
                              Response: The                          ~qon~q.of        litigation In the event of an ~qu~qnd~qa~qv~qor~qab~6qle             conducted ~08qh~qL~qzc~qC~qG~qzd~qH:~qnC~q8
                             a national ~q-e~qa~0qtua~2qd~4qw research reserve Is'             evaluation th~qat.m~qay ~52qW to w~6qh~0qi~qt~4qdr~qaw~qa~8ql                   mission and goals of the ~0qS~2qy~qs~0qh~6qm the
                             c~qentr~qal~q.~4qt~qo ~16qN~16qOAA    ~.'s abil ~q. ~q- ~q,       ~-       that of designation. The Provisions contained              need for an approved final m~qan~q"~qs m~qen~4qt
                                                            to ensure
                             reserve ~qo~2q;~2q@e~qr~qat~2ql~qou ~qa~4qi~qid nu~qu~qm~0qtg~qe~0qmen~4qt Is               in ~24qbo~4qlh J ~8qi~04q=.41 -and ~0qJ ~08qW~4q1~00qA~8q2 provide a                 plan to qualify f~qor~16qW~20qO   ~q'AA~q' funded
                             being conducted In -a -~qn- My                         leng~56qf~56qt and elaborate process for ~q-                    research r~qemal~4qm~q'
                             consistent w~8qi~0qll~qi~2qp~qr~qo~2qgra~0qm ~6qBo~qo~20q"~q,~qa~qnd                     addressing. major dif~4qfe~qr~qe~qn~qc~qeS                         section ~2qR~16qM~8qI-~20qa~4qt~qua~20qd~qn~qe ~20qBe~qse~qctr~qic~8qh
                             objectives as defined In section ~4q315 of              the NOAA and the -Reserve ~8qM~4qI~qN~12qA~qV~qO ~4qID                   Cu~6qi~0qde~0ql~6qh~6qms
                             the Act. 1~4q6 ~12qU~20qS~12qP~0q_ ~8q14~4q61. and Its                       suspension of ~0qEna~qnc~8qial ~4qws~2qh~8qda~qE~4q= Or
                             implementing ~qTe~2qg~qa~0ql~qa~0qt~8qi~qo~qn~qs. The 4~qcz~8qiteria              withdrawal ~qof de~qs~2qi~2qg~qn~qa~12qf~12qt~4qm This ~2qpro~0qm~4qf~4qt                  ~12qA~0qw~12qp~qos~qed ~8qJ ~08qM.~4qS.~q1~8q-~12qf~12qtr~qe ~qv~0qv~qi~8qi~qew~qers
                             for an evaluation corresponds directly               Is expre~qs~36q4y designed to a~qv~0qn~2qi~0qd litigation              re~qk~q"~4qW~q"~qI~qnend~qad t~0qh~04qe~16qNO~48qAA ~6qp~qr~4qmt~6qd~qo~q. at
 





           29948-            Federal Register / Vol. 55, No. 141 / Monday, July 23. 11990                              Rules and Regulations

           minimum. a more detailed and specific                  that properties included within NTERR                United States based enterprises to
           description of the Estuarine Research                  boundaries, particularly the core area.              compete with foreign based enterprises
           Guidelines in the regulations. One                     will be subject to restricted uses. and              in domestic or export markets.
           reviewer objected to NOAA's role in                    these uses will be subject to NOAA                     These rules amend existing
           estabLish-irg the research priorities for              approval (e.g., research. construction.              procedures for identifying. designating.
           fu.nding under this subpart.                           education). Since these properties add               and managing national estuarine
              Response: NOAA disagrees. Section                   real value to the LNERR SysteffL but have            research reserves in accordance with
           3115 of the Act requires NOAA to                       diminished use for other purposes. they              the Coastal Zone Management
           develop guidelines. not regulations, for               should be allowable as state match.                  Reauthorization Act of 1985. They will
           the conduct of research within the                     These reviewers therefore                            not result in any direct economic or
           System. A basic description of these                   recommended elimination of a one-year                emironmental effects nor will they lead
           guidelines is provided in both the Act                 time limit.                                          to any major indirect economic or
           and the regulations. Including the                       Response: This provision has been                  environmental impacts.
           guidelines themselves, or a more                       adopted in the past to ensure that lands               (B) Regulatory Flexibility Act
           detailed and specific description of                   included within the Reserve system are               Analysis. A Regulatory Flexibility
           these guidelines. in the regulations                   acquired consistent with the purposes                Analysis is not required for this
           would severely limit flexibility in their              and objectives of the Reserve system                 rulemaking. The regulations set forth
           implementation. NOAA publishes the                     and. as required by section 315(e)(3)(A)             procedures for identifying and
           guidelines annually in the Federal                     of &a Act, to assure that the state has              designating national estuarine research
           Register and -,ntends to continue to                   matched the amount of financial                      reserves. and managing sites once
           improve these guidelines within the                    assistance provided by the Federal                   designated. These rules do not directly
           relatively comprehensive standards of                  Government for the acquisition of land               affect "small government jurisdictions"
           the Act NOAA develops general                          for a reserve. However. NOAA agrees                  as defined by Public Law 96454, the
           research priorities on an annual basis in              that the imposition of a one-year time               Regulatory Flexibility Act. and the rules
           consultation with the estuarine research               limit may not be the most effective or               will have no effect on small businesses.
           and resource management community.                     appropriate method to achieve this                     (C) Paperwark Reduction Act of 1960.
           The agency foresees no advantage to                    purpose. We have therefore eliminated                This rule contains collection of
           including more specificity or detail than              this provision from the regulations and              information requirements subject to
           necessary in the Program regulations.                  instead allow inclusion of land and                  Public Law96-511, the Paperwork
           The financial support provided under                   submerged lands already in the states'               Reduction Act (PRA), which have
           this subpart for Research is                           Possession as state match irrespective               already been approved by the Office of
           administered by NOAA. As a result.                     of the date obtained by the state.                   Management and Budget (approval
           NOAA. in consultation with prommient                   However. calculation of the amount                   number 0648-M21). Public reporting
           members of the estuarine research                      eligible as match for existing stAte                 burden for the collections of information
                                                                  owned lands will be made by an
           community, will continue to determine                  independent appraiser who will                       contained in this rule is estimated to
           research priorities for this funding.                                                                       average 2.012 hours per response for
                                                                  consider the value for match purposes of             managemint plans and related
           Subpart G-Interpretation and                           these lands by calculating the value of              documentation. 2.25 hours for
           Education                                              benefits foregone by the state, in the use
                                                                  of the land. as a result of new                      performance reports, and 15 hours for
           Section 921.60-General                                                                                  , ;., annual reports and work plans. These
                                                                  restrictions:that may be *unposed by.,r          t -
              Proposed ï¿½ 921.Wa)-Tykrc, review               'er3 Reserve designation. - -                             estimates inclu'de the time for reviewing
           objected to the requirement that                  . '    Proposed ï¿½ 92i_nte)(4@@e                           instructions, searching existing data
         -interpretive and educado'n projects be                                                                       sources. gathering and maint                    a
           conducted within the research reserve.                 reviewer regommended elimination or                  data needed. and completing=_!h...
              R.es onse: NOAA did not intend to                   simpli4catioiof the matching share                   reviewing the collection of informiti
                  p                                               criteria for research: awards.- -7'- -, - '
           IL-11it funding under this Subpart to                    Response: Thi matching shim                        Send comments regarding this burden
           activities conducted entirely within the               requirement cannot be eliminated                     estimate or any other aspect of these 1@1
           boundaries of a research reserve. and                  because it Is required by statute.                   collections of information. including'
           has revised the statement to clarify the               However, the matching share criteria                 suggestions for reducing this burden. to
           intent.                                                has been simplified to be consistent                 Richard Roberts. Room 1235,
              Proposed ï¿½Vn60(bJ--One reviewer                     with the provisions to 1'921.Ma) of                  Department of Commerce, Washington.
           suggested NOAA require that aM                         subpartF.                                            DC 20230. and to the Office *of - -:-- .                       I
           applications for interpretation and                                                                         information and Regulatory Affairs.
           education awards be approved by the                    VL Other Actions Associated With the                 Office of Management and Budget
           state.                                                 Rulemaking                                           Washington. DC 20503. ATTN: Desk
              Response. NOAAagre*9 that                             '(A)Classi                                         OfficerforNOAA_
                                                                                fication Under Executive
           applications under this subpart should                 Order 12291. NOAA has concluded that                   (D) Executive order 126n. These
           have the support of the state managing                 these regulations are not major because              interim final rules.do not contain
           entity. The regulations have been                      they w  .ill not result in: -- --- %, ' @- , -       policies which have sufficient -
           revised accordingly.                                     (1) An annual effect on the economy                Federalism implications to warrant
                                                                  of sioo million or more; - -          . , : .        preparation of a Federalism Assessment
           Section 921.71--:Allowable Costs                         (2) A major increase in costs or prices            pursuant to Executive Order 12612.
              Proposed ï¿½ 921.71(e)(2)--Two                        for consumers; individual industries;                However, the provisions of the rules
           reviewers objected to a one year time                  Federal, state, or local government                  setting forth what a state must do or
           Limit prior to pre-acquisitioii being                  agencies; or geographic regions; or                  agree to do in order to qualify for the
           imposed on the allowability for state                    (3) Significant adverse effects on                 various types of Federal financial
           match of state lands already in a fully-               competition. employment investment.                  assistance available under the rules
           protected status. The commentem noted                  productivity, innovation or the ability of'          h .ave been reviewed to ensure that the


~0




                                             Federal Rooster / Vol. 55~ No. 141 / Monday'                           July 23. 199~0            Rules ~~d Re~g~hat~i~m~

                             rules grant the states the maximum                       submitted program applications that                    Sec-
                             administrative discretion possible in the                anticipate ~qi~n~imed~late implementation ~o~qf                ~qS~u~qBpa~rt ~qF-R~e~sear~c~qh
                             ~a~rimini trat~qia~n of the National Estuarine                these regulations. Public comments on                  921.SO C~eneral.
                             Reserve Re~sea~qm~qh System policies                          these interim final regulations are                    921.51 Estuarine research gui~t.e~ql~i~n~es.
                             embodied in the qualification                            invited and win be considered if                       ~92~1.~5~2 promotion and c~oor~qdin~ati~o~a of
                             requ~qiremea~qts. In formulating those                       submitted on or before September 2-~q1~.                     estuarine rese~a~:c~qh~.
                             policies. the NOAA worked with                           ~q1~q9~-~q3~q0.                                                 Subpart G~A~.~I~o~n~it~o~ri~n~qg
                             affected slates to develop their ow~-n                    ~2qUst of Subjects in ~1~q5 CFR Part ~q9~q21                     ~921.~6~0 Ge~r~te~r~t~qd.
                             policies with respect to the use of
                             Na~q: o~nal Estuarine R~ese~a~qmh Re~s-~e~qm~os.                     Administrative practice and                            Subpart 1~1-~In~i~ferpret~a~t~qi~o~n and Education
                             To ~t~qhe ~r~ra~x~qimurn extent possible                         procedure, Coastal zone, En~v~qL~r~e~nm~ent~al                 ~9~z~1.~7~0 General.
                             c~or~sistent with t~qhe NOAA~'s                               ~qL~r~npact statements. Grant programs-                    92~1~1.~1~1 Categories of'p~ote~n~-tia~ql~-~i~-~te~rp~rct~ive
                             responsibility to ensure ~qd~ie the                         Natural resources, Reporting and                          and educational projects; ev~a~ql~u~a~4~;~on
                             objectives of the National Est~ua~r~j~4~qw                     rec~ord~qkeepin~qg re~qq~q=ements. Research.                       criteria.
                             Reserve Resea~,-~ch System p~r~o~v~8qW~o~ns of                     (Federal Domestic Assistance Catalog                   Subpart ~1~q-~-Ge~neral Financial As~si~ska~nce
                             the Coastal Zone ~qN~qi~anag~e~qm~e~zrt Act are                    Number 11.420. National Estuarine Reserve              ~qPro~v~qi~i'~D~qw
                             obtained. the rules refrain from                         Research S~.~q"t~e~m)                                       ~921.~8~0 Application i~nf~orma~tior.
                             establishing un~qifo~l~qM national standards.                 Dated: July ~1~0. ~T~qM~.                                    ~921.~81 A~.~I~qlowa~qb~q!e costs.
                             Extensive consultations with state                       Virginia K Tipple,                                     ~9~qM~.~3~Z Am~erd~qment~s to financial a~b~s~;~st~ance
                             o~i~qficial~s and organizations have been                    A~s~sis~ta~n~tAd~qa~z~i~qh~qi~s~L~r~ato~r~qf~a~r Q~c~e~q= ~qS~dr~v~qice~s                  awards.
                             held regarding the ~qf~qi~n~qw~, al assistance                   and Coastal Zone Ma~n~a~g~e~qme~qa                             A~n~p~e~n~qd~qL~% I to Part ~9~q=~q-B~l~o~qge~o~qr~3p~qh~i~c
                             qualifications imposed. Details                                                                                 Classification Scheme
                             regarding awards of financial assistance                 For the reasons ~0qW forth in the
                             have been discussed above under the                      preamble. 15 CFR part ~4qW~ql is revised to                 Appendix ~qZ to ~qP~qw~t ~qM~I~.~-~qT~y~qp~o~ql~o~g~y of
                             head~qu~2qm "REVISION OF ~6qT~6qK~qE                                  read as f~o~ql~qlo~v~i~s:                                      National Estuarine Research ~R~z~e~G~a~ves
                             PROCEDURES FOR ~qSELE~6qCT~0qM.                                                                                            Authority- Sec. 3~0qM Public L~qm~v ~9~2~-~qM. a#
                             DESIGNATING AND OPERATING                                PART ~q0~q2~q1~q-NA310~qMAL ESTUARINE                            amended. ~8~6 S~t~at ~2~2~qW (1.~0 11 A C 14~0~1~q).
                             NATI~6qONA~6qLESTUAR~qINE RESEARCH                               RESERVE RESEARCH SYSTEM                                Subpart A~-~-~2qG~qW~M~qW~2qW
                             RESERVES" and an not rep~e~4qWed here.                       REGULATIONS
                             Likewise comments from the states                        Sec.                                                   ~q1~q921.1 ~4qU~4qf~4qt~x~qk    ~,~0qn ~qg~o~4q*$ and general
                             regarding qua~ql~qi~ql~qi~c~a~qti~o~n~g and responses                                                                          ~qP~qM~V~4qW~qW~q&
                             and changes to the regulations regarding                 Su~qb~qp~m~z~t A-G~en~e~r~a~ql                                         (a)The mission ~of the National
                             same were set forth under the heading                    ~s~qn~a Mission~. goals and general Provisions-             Estuarine ~6q%~1~serv~e~1p~~e~sea~q=~4q1 System is
                             S~qL~T~qN~2q0~q4~6qARY OF SIGNIFICANT                                 921.2 Definitions.                                     the establishment and m~ana~qgem ~nt.
                             COMM~2q&~6qNTS~-~0qON THE PROPC~qISED                                921.3 N~at~qi~o~n~a~ql~8ql~i~st~u~a~r~qin~e Reserve Research              through F~adera~ql-~qS~qta~qte c~oope~rati~qm of a
                             REGULATIONS AND NOAL~6qkS ~                                   ..System b~qio~g~e~o~g~qWh~qic t~ql~a~s~s~qifi~c~a~t~qi~qml                  national ~sy~s~qte~r~l~qi of estua~qdn~e research
                             RESPONSES. It should be noted that                           scheme and estuarine t~qy~qp~ol~e~g~qies~.                      serves rep~r~ese~nta~ql~qive of the various
                             some of the ~s~0qwe~s                                         9~21.4 Relationship to other ~qp~q=~vi~s~ion~a of ~t~qh~e           re
                                                    -commented In .                       Coa~s~ta~ql~0qZon~e Management Act                         regions a~nd~~.~stu~qi~qdn~e, types ~qi~n the
                             opposition ~qt~o~-co~n~qd~qi~qu~Q~u~s -or language                                                                            United States. E~s~qhr~a~i~qdne~resea~r~0qd~i
                             requ~qb~ed by law or by ~6qO~0qf~0qf~0qice~,~of                      ~7~:~:~7 Subpart ~qB,~4q@ ~qS~e~8qw~c~qa~qm red ~q5~0qf~0qt~:~qS~4qd~qe~c~t~qio~u
                                                                                                                                             reserves are e~qit~qi~0qblished to
                             Management and Budget Circular A-=                       and ~4qW~u~4qn~e~r~qm~a~t Plan-Development                          opportunities Jar l~q6~qm~qg~-~qt~e~rm research.
                             NOAA does not have ihe d~qk~q@~qwe~qt~qlo~n to                      ~92~i~.~i~a ~-~4qze~n~e~n~qL           ~j 7. -~1                       education. a~6qh~t~ql~qI~n~qt~er~qpreta~ql~qi~on~.
                             change such language or conditions.                      ~g~qn~ai ~qS~qi~br~oa~ql~e~c~k~ql~on~-                                                                          to
                                ~q(E) National ~6qE~nv~qi~ro~iz~qEr~t                 ~I~C~6q7          ~9~2~1.~1~2 Post ~W~qi~l~e~f~f~l~qil~e~qc~t~qi~qm~!                            car~r~qy~2q@ ~qo~t~qe ~a
                                                                                                                                                             ~4qW ~i~n~qAs~s~qi~o~n az~e t~o~z
                             Act. N~C~I~2qAA has concluded th~u~qt                       ~t    ~q9~2~0q=~q9    ~4qM~qW Some ~qpl~qau~s ~ ~qa~qivir~on~qm~en~t~el
                                                                                                                                                              stable e~qa~v~qi~x~onm~e~nt fair
                             publi~ra~8qd~qm of them ~qh~8q0~e~2qd~qm~qa~n~a~ql                                                                                                            ~i~6qg-t~e~q@~qm ~2qp~o~qt~e~ct~qi~o~n
                                                                                                                                             research                                        Of
                             does ~na~qt c~a~ns~qt~qa~n~qt~e a ~q=~a~4qf~4qt~r ~6qFede~qi~8qA                        S~-~1~,   ~n                                               e~a~qb~i~a~si~n~e reserve ~qs~a~q*~o~2qM~qw~.
                             action si~qg~nif~qi~ca~n~0qd~qy ~e~qffec~qi~ql~m~a he q~u~e~8qf~8qt ~:~1                P ~qi     ~-is ~a~8qM~e                         [fun*             ~qt~q2~ql A~qd~qd~r~qm ~-c~o~a~tt~a~ql ~qm~qm~qu~0qp~qm~e~qA~qt
                             of the hu~qm~a~r~t en~l~qe~m                                              ~2qG~a~qii~qe~r~6qd                                        ~qL~q"~o~es ~qIde~n~qf~qi~6q&~qd an ~g~qi~qgn~qi~qf~qi~c~a~nt t~qh~to~u~qgh
                             an en~i~lr~oamental impact ~stateme~nt~,~qt~s                     921~q= ~4qa~0qwa~ql ~acqu~6qWt~qio~n ~a~nd ~qd~e~ve~ql~o~qp~n~ve~nt                   coor~d~i~n~a~ql~pd ~e~s~qb~ia~ri~ae r~e~s~ear~r~qb within
                             ~not re~qq~n~qUed.                                                 awards~.
                                                                                                                                             th~&~qSystem~,~.~q@~qj~n-
                                                                                      subpart ~qn-~qR~e~s~e~r~v~e ~8qD~es~ql~qp~zat~qf~o~n and                                 ~a~qn~c~e public ~aw~a~a~qm~e~ss ~a~nd
                                                                                                                                                (3) ~E~qn~qh
                             T'~hese interim final~se~qgu~ql~a~2qMo~ns an                        ~qSubs~e~qqu~e~nt-Op~er~st~ql~o~n                                   understanding of the ~e~s~qt~r
                             effective July 23, ~q1~q9~4qf~4qt To the extent that               ~921~.30 Designation ~of National ~qE~s~tua~d~n~e.          -    e~nv~qiru~nm~e~nt -and provide ~j~a~qdt~a~qb~ql~e
                             t~1hese ~qm~qg~6qW~atian~s ~qm~qb~8qd~e~-~qt~o grants -mud ~-~,                      ~ql~te~q;~q,~q@
                                                                                               ar~qdh Reserves.                                opportunities for public ~qi~s~qduc~ati~on and
                             cooperative a~qgre~d~u~m~u~tt~s t~qhe                              92~%.31 Supplemental acquisition ~a~n~qd~q.              ~q7~q.~q.  interpretation;
                             requirements 4~q)f t~0qh~q&~20qA~24q&~q1i~qul~qst~qr~8qa~8q1~6q1~q'~16q4~q.~q' -!If                    development ~qa~qr~qr~qa~qr~8qd~qs.                                  (4) Promote F~4qid~qe~qx~qal, state. public and
                             ~2qPro~qo~4qKi~qn~0qn Act 5~2q4~0qJ~q.~16q&C~q. ~08q&~08qW ~16q& ~qm~0qm~4qt~16q;~0q@~28q@                         921.32 ~04qC~0qo~qer~qa~qf~ql~qon a~qnd ~04qm~qana~0qg~8qi~12qm~qe~qr! ~qt"~q_
                             To the extent that ~8qM~16qW ~qs~qz~4qA~08qW~4qb~4qW~qd~12q&~4q"~q- -~q- -                        Implementation of the -management pla~qn~0q@~q,           private u~qse~q-~qcf-~qone ~qorm~qa~ql~qs ~q2~4q"e~8qms~q'
                             provision does not involve ~2qgr~qa ~qal or                     ~q92~q1M~q, ~4q3~4qlau~qn~8qd~qR1~0q7~q.~qc~8qh~qan~qg~qe~qs, amendments to                 within t~0qh~qe System w~0qh~qan~qsuc~6qh ~qe~qnt~4qr~8qdes~q@
                                                                                          t~8qh~qe~6qma~qn~qa~4qgeme~4qn~qt ~4qp~8qb~4qm and a~4qdd~qiti~6qm of                   conduct ~qe~qst~qf~qf~qa~qr~8qd~qve ~6qw~0qwa~qv~qch; a~0qnd
                             cooperative a~2qgre~qemen~0qt~qsmo u~qse~qh~0qg~q,~q.~q--~q@                                                                                ~0q(s~0qy:C~4qw~36q@ -~8qnd ~qc~qo~qo~qn~0ql~12qM~4qi~0qte es~4qI~2qf~2qte~qr~6qh~16q*
                             purpose would be ~qse~qrvedby~24q*~0qJ~qu~2qy~6qb~12q*                                                                                 research
                             the effective date for So days. No ~qz~6qi~6qg~0qbts                Subp~0qo~0qt E-P~qer~2qf~qorm~qan~qc~qe~12q1~qv~qa~2qlUl~qotio~qn and..
                                                                                                                                             an
                                                                                                                                                ~0qd ~qE3&~4q)~2qd~q=~2qS~q- ~6qj~0q@vai~6qlable ~4qh~qif~qorma~qti~qon
                             of the participants in this Federal                      w~qi~0qd~qtdr~qawal of ~4qD~qe~qs~qi~0qg~qn~qs~0qf~0qion                              necessary -for ~8qi~4qm~2qor~q-~4qW~qe~0qd understanding
                             program will be adversely ~qz~24q&c~qt~qed by                      ~q92~q2.40 Ev~qaluat~4qton of system perf~4q6~qr~qal'~qa"~qa~qc~qe.            and management of e~qatua~qrt~qne areas.
                             immediate implementation. To the ~. ~q-                     ~q9~q2~q1.4~q1 Suspension of e~4ql~28qW~2qbility~4ql~qar~4qf~4qi~qn~qAll~qc~qi~qa~8ql                                                            ~q'~0qh
                             ~qc~qcnt~qr~qar~4qy state recipients of financial                       assistance.                                           ~6q(~qc~2q)~q'~12qK~qa~0qll~qe~4qh~qa~0ql estuarine res~qe~qa~qrc
                             assistance through this program have                     921.42 ~q'W~qu~4qhdr~qawa~4ql of designation.                      reserves ~qs~6qh~qa~6qll~q'~6qbe open to ~8q1h~qe Public ~qt~qo
 

~0




             299~50           Federal Register / Vol. 55~ No. 141 / Monday, July 23~ 1~9~qW                        Rules and Regulations
             the extent permitted under State and             repr esentative and ecological integrity         protection of estuarine resources. The
             Federal law. Multiple uses are allowed           of the reserve.                                  research and monitoring awards provide
             to the degree compatible with the                  (e) Under the Act an area may be               funds to conduct estuarine research and
             research reserve's overall purpose as            designated as an estuarine reserve only          monitoring within the System. The
             provided in the management plan (see             ~qi~f~t the area is a representative estuarine       educational and in~qferpretive award
             ~19~21.13) and consistent with paragraphs          ecosystem that is suitable for long-term         provides funds to conduct estuarine
             (a) and (b) of this section. Use levels are      research. ~N~qla~nv estuarine areas have             educational and interpretive activities
             set by the individual state and analyzed         undergone some ecological change as a            within the System.
             in the management plan. The research             result of human activities (e.g.,                  (~qg) Lands already in protected status
             reserve management plan shall describe           hydrological changes, intentional/               managed by other Federal agencies,
             the uses and estab~q!~4sh priorities a~qmon~-          unintentional species composition                state or local governments, or private
                                                          a
             these uses. The plan shall identify uses         char~qges~q-i~rtroduced and exotic                    organizations can be included within
             requiring a state permit. as well as areas       species~q). In those areas proposed or             national estuarine research re~qierv~es
             where uses are encouraged or                     designated as national estuarine                 only if the managing entity commits to
             prohibited. Consistent with resource             research reserves, such changes may              long-term non-manipulative
             protection and research objectives,              have diminished the representative               management consistent with paragraphs
             public access may be restricted to               character and integrity of the site.             (d) and (e) of this section in the reserve
             certain areas within a research reserve.         Although restoration of degraded areas           management plan. Federal lands already
               (d) Habitat manipulation for research          is not a primary purpose of the System.          in protected status cannot comprise the
             purposes is allowed consistent with the          such acti~v ities may be permitted to             key land and water areas of a research
             following li~n-~qdtations. Manipulative             improve the representative character             reserve (see I ~q921.11(c)~q(3)).
             research activities must be specified in         and integrity of a reserve. Restoration            (h) To assist the states in carrying out
             the management plan. be consistent               activities must be carefully planned and         the Program's goals in an effective
             with the mission and goals of the                approved by NOAA through the Reserve             manner, the National Oceanic and
             program (see paragraphs (a) and (~qb) of           Management Plan. Historical research             Atmospheric Administration (NOAA)
             this section) and the goals and                  may be necessary to determine the                will coordinate a research and
             objectives of the affected research              ..natural" representative state of an            education information exchange
             reserve, and be limited in nature and            estuarine area (ie., an estuarine                throughout the national est~-~qdarine
             extent to the minimum manipulative               ecosystem minim         affected by human        research reserve syste~rn.~' As part of this
             activity necessary to accomplish the             activity or influence). Frequently,              role, NOAA will ensure that information
             stated research objective. Manipulative          restoration of a degraded estuarine area         -and ideas from one reserve are made
             research activities with a significant or        will provide an excellent opportunity for        available to others in the system~. ~q7~qbe
             long-term impact o~n reserve resources            management oriented research.                    network will enable reserves to ~- -
             require the prior approval of the state            (f) NOAA may provide financial                 exchange information and research data
             and the National Oceanic and -                   assistance to coastal states, not to'            with each other. with universities
             Atmosphe~qn~ic Administration (NOA~8qA~q).               exceed 50 percent ~q6 f a~ql~ql actual costs ~qor        engaged in estuarin~qi research. and with
             Manipulative research activities which           $4 million wh~qiche~q4~qe~qi amount is less, to          Federal and state~'a~qien~c~qi~qes. NOAA~'~qi
             can reasonably be expected to have a             assist in the acquis~qi~qt~qi~q6~qi~'~0qd land and             objective Is a system-wide program of
             a ~-~:~C~:~-~-~-t adverse impact on the                 waters. o~qi~ql~ql~at~qe~qirests th~i~qi~4qA~4qL~2qNOAA may             research~.and ~q6~qioni~t~o~qi~qln~qg~lc~qi~apable of
             e~ti~iarine resources and   ~-habitat of a         provide financial ~as~si~s~qta~n~q@~e,to coastal          addressin~qj the management issues that
             reserve. such that ~qthe~'a~c~'tivit~qies               states not t~qo ~qix~4q&~q@~qd ~-50 ~ql~qi~qi~qi~qc~qe~2q@t ~qo-f all         -affect ~ql~o~2q*t~e~-~r~qm~- ~qo~qi~qd~q;~8qk~qEt~qiv~qity~'of our       ~-
                                                                                                               Nation's estuar~qle
             themselves or their, res~qu~q@~qtin~qg short- and        actual costs fo~qrthe ma~na          nt and
                                                                                          same
             long-term conse~qq~qu ences compromise the           operation of. and the conduct of
                                                                                                               ~q1~q921~.2 ~qD~ef~qk~qdt~ql~o~t~8qm -
             representative character and integrity of        ~educat~qio~n~A~ql or interpret
                                                                                        ~qiv~e activities                             ~4      ~.~1--
             a reserve. are not a~ql~ql~o~qw~qi~c~qr Habitat-'            concerning. ~qn~qit~qi~o~qnal ~0q"t~quar~2qle research'             (a) A~ct~4qmean~qi ~qi~q5         ~qii~qi~qiZone ~-~I~t~s~'~f
             manipulation -for resource management            reserves (see ~subp~qi~' of this p~qi~qit~q@               Management Ad     ~-of 1~q972~. as amended.
             purposes is not permitted within                 NOAA may p~r~o~qy~2qW~qf~qi~n~a~n~c~qial assistance               ~4q1~q6 U~,S~-~6qC 14~q5~q1 e~qt ~s~e~qq~-~0qBect~qion~ 315 of the
             national estuarine re~qiearch ~qieserve~s             to any coastal state -or public or private       Act. 1~q6 U.S.C. 14~q6~q1. ~establ~qi~qth~qe~qi the
             except as allowed for restoration                person. not to exceed 50 percent of ~a~ql~ql          National Estuarine Reserve Research
             activities consistent with paragraph (~a)         actual costs, to support research and            System~.
             of this section. NOAA may allow an               monitoring within a national estuarine           ~@~,~@ (~qb) Under Secretary me~qi~tn~e the Under
             exception to this prohibition if ~*           -   research reserve. Five types of awards           Secretary ~qf~qdr Oceans and Atmosphere.
             manipulative activity Is ~qh~e~0qmsary for             are available ~8q6der &a National                   U.~6q& Department of Commerce, or
             the protection of public health or the           Estuarine Reserve Rese~a~2qkh System                 ~4qA~e~signee_,
             preservation of other ~s~a~qi~qm~qitive resources        Pr~qo~qgra~n~qL T~qhe~'preides~qi~qg~na~qtlo~qh awards ~que            - (c) ~0qC~oa~s~qta~qlst~a~qtemeans a state of the
             which have been ~4qh3ted~qo'~qr am-eligible ~q-           for site selection, draft --na~8qgement             United States. In or bordering on. the
             for protection under ~qj~4q;~8qel~qe~0qiant Federal or        plan preparation and c~8q6nduct of basic            Atlantic. Paci~0qf~20qW~qa~0qi Arctic Oc~8qia~qn~q; the
             state authority (e.g.. ~4qthre~2qi~qitened/              characterization studies.- Acquisition-          Gulf of Mexico, Long Island S~8q6und. or
             endangered species or significant                ~0qa~qnd development awards are intended              one or more of the Great Lakes'. For the
             historical or cultural resources). If            primarily for acquisition of  ~q'interests In'     purposes of these regulations the-term
             habitat manipulation is determined to be         land and construction. ~2qT~0qh~qe operation` ~4q@~4q;         also includes Puerto Rico. the Virgin -~6q7
             necess ary for the protection of public          and management award provides fund~2qi              'Islands, Guam ~4qi~4ql~4qie~2q@~20qC~20q&~2qi~2q@~4qi~0qS~48qi~32qWealth of
             ~qhea~20qf~20qth or the preservation of sensitive          to assist in implementing ~2q@the research.         the Northern Marianas Islands the
             resources. then these -activities shall be       educational~q. and admir~qiistrative                 Trust Territories of the Pacific islands. -
             specified in the Reserve Management              programs detailed in the research                and American Samoa (see      ~q,16 U~q.S~q.~6qC~q.
                                                                                                               1453~6q(4)). ~q4                  ~q-              ~q1 .- ~q-
             Plan and limited to the reasonable               reserve management plan ~qa~8qnd is -                                 ~q-          I ~qe~q-~q'
             alternative which has the least adverse          reflective of the joint State-Federal              (d) Estuary ~2qineans that part of a river
             and shortest term impact on the                  partnership in the preservation and              or stream or other body of water having
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~0



                                              Federal Register / VoL 55, No. 141 / Monday, July 23~ 1~9~qW                               Rules and Regulations                 29951

                              ~~impaired connection with the open                  approved coastal zone management                   million for which each reserve is e~l~.~q:~qgib~le
                              sea. where the sea water is measurably               programs under section 306 of the Act. is          for land acquisition. In the case of a
                              diluted with fresh water derived from                eligible for an award under the National           biogeographic region (see Appendix I to
                              land drainage. The term also includes                Estuarine Reserve Research System (see             this part) shared by two or more states,
                              estuary-type areas with measurable                   921~.2~q(c)).                                         each state is eligible for Federal
                              freshwater influence and having                      (b) For purposes of consistency                    financial assistance to establish a
                              unimpaired corinectio~rs with the open                review by states with a federally                  national estuarine research reserve
                              sea, and ~estuary-type areas of the Great             approved coastal zone management                   within their respective portion ~of t~qhe
                              Lakes a~nd the~@r connecting waters. See               program, the designation of a national             shared biogeographic re~cion. ~8qF~qma~ncial
                              16 U~.S.C. 14~q53(7))~,                                  estuarine research reserve is deemed to            assistance application procedures a~re
                               (e) ~8qNa~t~.~@~On~cl Es~tu~c~r~qi~n~e Research                    be a Federal activity, which, if directly          specified in subpart I of this part.
                              ~qR~ese~qn~,~e means an area ~I~that is a                     affecting the state's coastal zone, must           (~qb) In developing a research reserve
                              representative estuarine ecosystem                   be undertaken ~qin a manner consistent to            program. a state may choose to develop
                              suitable for long-term research. which               the maximum extent practicable with                a multiple-site research reserve
                                                                                                                                  am  reflecting a diversity of habitas in a
                              ~,~r~.av include a~ql~ql or the key land and                the approved state coastal zone progr
                              water portion of an estuary, and                     as provided by section 1456(c~q)~q(1~q) of the           single biogeographic region. A multiple-
                              adjacent transitional areas ~a~nd uplands              Act, and implementing regulations at 1~q5            site research reserve also allows the
                              constituting to the extent feasible a                CFR part 930, subpart C. In accordance             state to develop complementary
                              natural unit, and which is set aside as a            with section 1456~q(~c)(1) of the Act and the         research and educational programs
                              natural field laboratory to provide long-            applicable regulations NOAA will be                within the individual components of its
                                                                                               for certifying that                    multi-site research reserve. ~qN~qfu~qlt~qiple-~si~tE
                              term opportunities for research.                     responsi
                              education. and interpretation on the                 designation of the reserve is consistent           research reserves are treated as one
                              ecological relationships within the area             with the State approved coastal zone               reserve in terms of financial assistance
                              (see 16 U.S.C. 1453~q(8)) and meets the                management program. The State must                 and development of an overall
                              requirements of 1~q6 U.S.C. 1461(b). This              concur with or object to the certification.        management framework and plan. Each
                              includes those areas designated as                   it is recommended that the lead State              individual site of a proposed multiple-
                              national estuarine sanctuaries under                 agency for reserve designation consult             site research reserve shall be evaluated
                              section 315 of  ~-the Act prior to the date of        at the earliest practicable time, with the         both separately under I ~q9~q21.11(~c) and
                                                                                   appropriate State officials conce ~i
                              the enactment of the Coastal Zone                                                         Ming          collectively as part of the site selection
                              Management Reauthorization Act of                    the consistency of the proposed national           p~n~qx~qws. A state may pr~orp~os~qe~t~o
                              ~q1985 and each area subsequently                      estuarine research reserve.                        establish a multiple-site research
                              designated a~~,~-a national estuarine                 (c) The National Estuarine Research                reserve at the time of the initial site
                              research reserve.                                    Reserve Program will be ad~i~nini~qs     ~tered in     selection. or at any point in the"
                                                                                   close coordination with the National               development~qor operation of the
                               ~q921.3 National Estuarine ~qFt~*~s~o~qm                     Marine Sanctuary Program (Title ~0qM of               estuarine research reserve, even after
                              Research System ~qb~ql~oge~8q"raph~ql~e                         the Marine Protection Research and                 Federal funding for ~the single site
                              classification scheme and estuarine                  Sanctuaries Act. asa~qm~iended. 1~q6 U~2qS.~6qC~.              research reserve has expired. If the 3tat
                              ~0qm~qm~4q"~qk~qm            I ~@ ~~:~. I ~-~:~,~W~1p~p~p~p~2p~2p~                                   ~-
                                                                                   1431~-1~q445)~. also ad~qm~i-stered~6qby NO~4qAA~.               -dec~qides~qlo develop a m~2p~p~2p~1p~le-~site-
                                (a) National estuarine research                    Title Mauthorizes~'theSe~q=tar~qyof ~*~.~@~r~'~f~L~"'-~'-        na~qd~q6nal estuarine research reserve afte
                              reserves are chosen ~qtoref~qlect re~0qjonal                Commerce- to designate discrete areas of                            si~qfion and development
                              differences and to include a variety of              the marine environment as in    I~qkrin~e             the initial acqu~qi
                                                                                                                                      award is made for a single ~- ite, the
                                                                                                                                                                    ~q3~@ ~.
                              ecosystem type~qi~.-A biogeographic ~qO~s~s-~i ~t~@.~0q*-~qv~qm~'ct~uar~qfes to protect or restore such -~q=~8q*~8qW~qo~o~s~a~qi is ~s~q@~qb~qje~c~2q6~q6 ~qthe're~qq~qu~qi~q@~q6ments
                              classification sch  ~'eme based on regional           areas~'~qf~0~qi~'thei~qrco~n~servat~qion.                       set forth in I 921.33~q(~qb). However. a ~9 ta t~t
                              variations in the nation's coastal zone-.;?-         recreati~o~n~-al. ecological~. historical~.             -~qma~-~qY not ~qp~qi~qo~6q*~e ~qt~qo ~qid~qd one or more
                                                            ~-~qb~ql~i~6q4e~ographic'
                              has been developed. Th~qe                                               tio~na~ql or ~6q6~qi~qfiet~qi~c~"vi~qdues~l~.~-      -~s~-
                                                                               ~- ~ï¿½~qi~qi   ~r~8qd~q@~qhdu~2qo~l - -                                   it~qds    a~qn ~alre~a~qdy~-~qd~e~s~qi~qg~nat~e~qd research
                              classification scheme is used to ensure              a ona~ql~4qwarin~qi~qi~qi~n~0qd~q6~ar~ql~e~s                                                          ~qd
                                                                                                                                                *a ~aper~a~qti~o~n~.~a~n
                              that the National Estuarine Reserve
                                                                                                                                      ~qm~s~k~-~n-~qi~qge~6qmei2t~q:~q6f ~s~quch ~qi~qi~qs~qe~qirch res~'e~v~0qV~'~_~_~@~P~2qC
                              Research System includes at least one                ~a~v~e~r~qla~qp~. ~ql~qh~o~w~6q* ~2q*~e~qy~j~qm~qy be ad~qja~c~e~aL                                                 ~'d
                                                                                                                                      has been found deficient an
                              site from each r~qegio~qmTh~e~qi estuarine                                                                                                                  'ed
                                                                                                                        ~W~.            uncorre~qct~qid or the r~iese~qii~qih ~qbond~quct
                              typology system is utilized to ansure                SOW B-~4qN~O S~O~0qW~C~0qW~16 ~0qf~0qt~0qd ~qS~0qU                            not ~q6~qo~qn~s~qistent with the Estuarine
                              that sites in the System reflect the wide            ~qS~e~qh~i~c~qdon ~qm~6qW ~6qMa~n~mge~qm~e~nt Plan . -
                              range of estuarine types within the                  ~0qD~e~v~e~ql~op~in~e~2qm                                        Research Guidelines In accordance wit
                                                                                                                                      the provisions of subpart$ E and F of
                              United
                                                                                   ~q1~.~q9~q2~q1~.~qio General~.                                  ~.~'~qd2~8qb part In addition. Federal funds
                                (~qb) The b~qlo~qge~q6graphic classification           ~17   (a)                                                      ~qt~qj ~-~qj~i~qf a ~qm~ult~qi~qp~qle-~s~qi~qt~s research
                              scheme, pre~sen~6q@~2q@~'Append~qix I to this'                       A state may apply for Federal                J~KC~q4~11isi on
                                                                                                                     .pose of         r~qiserve remains limited to ~qS~qCO00,000
                              part. contai~ns~.~q2~q7~0qj~0qWd~qi~qf~q&~qF~qI~q@~q=2                         financial assistance for the, pin                  (see I          ~2qT~qhe  ~unding fo~qr operat~qio~.~,
                              graphically dep~ql~ct~qi~;~-t~qh~qi bio~qgeo~q@~ra~qphic               site selection. preparation of doctime~qint~qs
                              regions of the ~16qU~qn~4qIt~6qid States.~q'~4q7~q,~q'~q-~_~q_~q,~q*~q-~q.~12q*~6qf~q.~q*     -I  specified in 1~q9~4q2~4q1.1~q3 (draft m~qi~qn~qi~q4ement             of a multiple-site research reserve is
                                                                                   -plan and environmental i~4qm~8q@~6qict~q'~0q@~q;~q.~2q@~q-               limited t~8qo ~0q$70,000 per year (see .,I
                                                                               ed
                                ~0q(~qc~6q) ~2qT~6qhe ~0qt~2qy~2qp~qo~4ql~qo~6qg~2qy~q's~16qy~qst~qe~4qm~q,~2qi~qsp~q,res~4qe~2qf~2qit                                           ~q'~6q6onduc~2qi of
                                                      I ~2qP~0qa~qr~0qL                       statement (EIS~0q)) and the                           I ~8q92~8q1.32(c)) and preacquisi~6qtion~q. funds a~qj
                              in Appendix ~2q1~6q3 to t~4qh~6qh
                                                                                                                                          edto$~4q100~q,000pe~8qf~qre~qs~0qe~6qrve.
                                                                                   re~0qi~8qg     necessary to complete basic
                                                        ~q'~qT~q.
                              ~8q1921.~0q4 Relationship to other ~4qp~qr~qo~qv~4ql~qs~0q]~4q6n~q* of ~0qj~q:ha~6qi~2qict~4qi~0qii~0qnt~6qion studies. Th~0qe total
                                                                                                                                      ~4q1921.11 Site selection.
                              t~0qh~qe Coastal Zone Mana~8qg~qe~4qir~qs~0qi~q"~0qd Act.                         al ~2qiha~0qr~qe~4q@of this
                                                                                   ~q-~qf~q-~q, Fader
                                                                                   Ipre ~qa                                             ~q.-~qs~qT~qk ~0q(~4qi~0q]~q,A state may use up
                                (a) The National Estuarine Re~q's~2qe`~qr`~qV~68qt~_             ~q' d 'sign a~qit~6qion 'awards may not                                               to $2~8q8,000 In
                              Research System is intended to provide               $~0q1~08qW~q.~8q0~4q0~8q0~q, of which UP to $~4qZ~8q5~q.~8q00~8q0 ~qniay~ be           Federal funds to establish and ~q: ~q@
                              information to state agencies and o~4qthe                                                                  implement a* site selection process
                                                                               ~qr   used for site selection a~4qs des~28q&~2qibe~8qid In
                              entities involved in addressing coastal              ~0q1921.11. Federa~0ql~q.~4qf~4qinancial a~qs~qi~qe~8ql~qstance for         which is approv~64qo by NOAA
                              management issues. A~qn~44qicoas~qtal state.                 preacqu~8qi~qsit~4qion activities under 1921~q-~0q1~0q1              ~6q(~6qb~6q) In addition to the requirements ~qs~qt
                              including those that do not have                     and 1~8q9~4q2~4q1.12 Is subject to ~44q" total $4               f~6q6~qrth in subpart I of this part. a request
 

~0



             ~~~~~1p~         Federal Register / Vol. 55, No. 141 / ~~~l~onday~ July 23, 1990                              Rules and Regulations

             for Federal funds for site selection must              those ecological units of a natural                   being considered for selection as a
             contain the following programmatic                     estuarine system which preserve. for                  potential n~at~q:~onal estuarine research
             information:                                           research purposes, a full range of                    reserve. After the local g~over~nme~nt~qfs)
               t~) A description of ~t~qhe proposed s~4qUe                significant physical. chemical and                    and affected land~owner(s) have been
             selection process and how it will be                   biological factors contributing to the                contacted. at ~qle~a~s~l one public meeting
             implemented in conformance with the                    diversity of fauna. flora and natural                 shall bre held in the area of the proposed
             biogeographic classification scheme and                processes occurring within t~qhe estuary.               s~;te. Notice of such a mee~q@~n~qg, Including
             typology (~qJ 9~q21.3);                                    The determination of which land and                   t~q@e time. place, and relevant ~srubiect
               (2) An identification of the site                    water areas are "key" to a particular                 matter, shall be announced by the state
             se~ect~qi~on agency and the p~otert~qial                     reserve must be based an specific                     through ~qt~qhe area's principal news media
             m~~a~qg~ement agency-, and                                scientific knowledge of the area. ~4q4 basic             at least 15 days prior to the date of the
               (~) A description of how publi~l~ic                    principle to follow when deciding upon                meeting and by NOAA in the Federal
             participation w~qdl be incorporated ~qL~r~i~to                k~oy land and water areas is that t~ql~@~ey                Register.
             the ~rocess ~k~1see I ~q921.~q11~q(~qd~q)~q).                        should encompass resources                              ~q(e) A state request for NOAA
               (~) A~s part of ~t~qhe site s~elec~!~qi~c~n                    r~fpr~esen~qtative of the total ecosystem,                approval of a proposed site for sites in
             process, the state ~e~nd NO". shall                      and which if compromised could                        the case of a multi-site reserve) must
             evaluate and select ~t~q@e final ~sit~e~q(~s).                 e~nda-~n~qger the research ob~qjectiv~q" of t~ql~q@e              contain a description of the proposed
                                                                                                                                     ~a~q4
             N~qO~qA~2qA has final authority in approving                  reserve. The term ~-~qb~qm~'~0q%r zone' refers to              site in r~el ~ti~onshi~qp to each of t~qhe site
             such sites. Site selection shall be guided             an area adjacent to or s~urr~oun~t~qf~qi~n~qg key               selection pr~i~qm~c~qi~qp~qles (I 921.1~1~q(~c)) a~nd the
             by the follo~-~,~Ar~qir~qg p~qe~i~nc~qiples:                        land and water areas and essential to                 following information-
               (1) The site's contribution to the                   their integrity. Buffer zones pr~utect~, the              ~q(1) An analysis of the proposed site
             biogeographical and t~qy~qp~e~ql~o~qgical balance                core area and provide additional                      based on the biogeographical scheme/
             ~~i ~q&e National Estuarine Reserve                       protection f~qbr estu~e~z~qin~e-depe~ndent                    typology dl~a~c~nssed in 1921.3 and set
             Research System. NOAA will give                        species, including those that are rare or             forth in appendices I and ~q1~q1 to this part:
             priority con~si~qdera~8qW~qm to proposals to                   endangered~. When determined .~'                          ~q(~q2) A description of ~qt~qhe proposed sile
             establish reserves in biogeographic                    appropriate by the state and approved                 and its major resources, including
             regions or subregions that are not                     by N~6qOAA~. the b~u~qf~qf~qL~-~rz~o~ne ~n~6qM also                      location. proposed boundaries, and
             represented in the system (see the                     ~qinc~qi~u~0qd~e an area necessary Am facilities               adjacent land uses. Maps. including
             biogeographic classification~. ~a~ch~g~ar~re and             requ~qi~qm~od for research and interpretation.             aerial photographs, are required.
             typology set forth. in ~qJ ~qQ~2q= and                        A~qd~qd~6qM~o~n~e~2qf~2qt~. b~u~qf~q1~qw z~qv~qm should be                          (3~q) A description of the public
             appendices I and ~q1~q1 to t~qh~qis part~q@                      established ~g~aff~qic~qi~ent to ~ac~e~qm~qm~o~qd~a~qte a                participation process used by the state
               (2) The site's ecological                            shift of the core area as a ~re~s~u~qf~qt of                 to solicit the views of ~qI~qntemst~ed parties.
             characteristics. ~qi~n~c~ql~u~(~.~qUng its biological             biological~. ecological or        ~-                    a summary of comments, a~n~c~qE If
             productivity, ~4q&~v~e~r~i~qf~qly of flare, and ~                 ~qgeom~o~r~qp~qh~ok~6qV~qic~a~ql ~c~qh~qw~6qW W~qf~qd~c~qh                            interstate Issues are involved.
             fauna. and capacity to attract a broad                 reasonably could be expected to occur.                docume~n~qt~at~i~n~- that the Go~ver~n~a~r~q(s) of
             range of research and educational                      Nat~qi~qa~z~a~ql e~s~qb~iari~ne re~e~*e~a~8q" reserves                   the other a~qf~q&~qc~qt~gd ~r~qt~a~qt~e(~s~q) has been
             interests. The proposed ~ofte must be a                 may ~qh~v~ek~4qd~e ~qex~qf~s~0q" Fedora or state                      contacted. Copies of all corre~spo~i~qf~0qdence,
             representative estuarine ecosystem and                 jar,& ~s~qh~-~qf~qt~qa~qy in a ~qp~r~o~8qk~-~c~8qW status ~'                   including contact letters to all a~qf~qf~e~qi~qf~qte~qd
             should. to the maximum extent possible.                where ~qm~qt~qtu~a~qf benefit ~C~a~qh ~qb~qe ~qi Iced-                   l~andow~-~n~o~qm must be ~6qq~qq~qm~qde
             bean estuarine ecosystem ~qm~i~n~qirr~i~-~qf~qly~1p~               H~q6we~q+~e~r~.~0qM~0q0~0qA~0qA~,~6qW~8qW~n~o~q(~,~6qq~Y~qP~r~o~V~qe~, a site                                      -~q0 ~si~qt~qm c~o~qi~s~qidered and a
             affected by human activity -or influence               for p~o~qten~qd~a~qt ~na~qd~qb~o~a~qt ~est~u~qi~qr~6qk~e r~e~s~qe~0q@~6q@                    (4~q) A list of a
             (see ~J ~q9~4q=1.~q1~q(e~ql~q)~.      - I ~qth ~qte~.~q@                     reserve s~qt~4qam ~6qS~e~qq f~u~-~6q&~qI~i~qO~n~qde~u~qt                         brief ~s~u~0qf~0qt~qwe~Nt of die ~qb~e~e~ql~s~'~qf~e~r
               (3~) A~s~qiura~qnc~e t~qhal ~a ~al                              ~qp~r~qi~z~2q@             ~qg~v~qe~@~6qb~c~4qk~s~qf~o~f~f ~qo~qf currently           selecting ~qT~qh~e ~qM~qM-~qPr~e~qf~qirr~8qm ~qi~qf~qte~s~; ~ai~n~qd
             boundaries encompass a~qn ad~s                                       ~U~qP~qM                                          (a) A mm~qOna~qt~qi~qm of the ~qpr~oP~o~se~qd
                                                   q~quate            protected ~qF~e~qd~qi~e~qh~i~ql. lards; ~qf~q& ~o~n~4qk~r ~8q* ~n~qX~I~e~qt            ~s~qite~q(~N~q)f~qo~qe~qd~qi~es~- ~i~6qf~6qf~6qi~r~qi~f~f~s~qt~2qN~e~qd~qe~n~a~ql                ~-~,
             portion of the k~vy~@ land and water areas               the ~qi~qiqu~6qh~qi~qe~u~qw~n~qi~g fix ~qia~4q@ P~4qf~4qterv~g
             of the nut ~.u~ra~ql system to ~a~qppr~ox~qi          ~.~qmat~e~:~f~f~n  st~at~qm ~q(~s~v~qi~2qWa~e~-~qke~qy laid and w~at~e~f                      E~s~qt~u~a~r~qb~s~e R~e~se~e~qm~0ql Re~q6~e~qm by the...,,
                                                                                                                          Govern               ~- ~@ ~qi~4qW 'ate In w~qh~8q"
                                                                                                                                   or a( the c~oa       A
             ecological =it ~an~qd to e~n~s~qm                             a~r~;e~as). ~qS~2qW~4q* ~qb~m~qi~qd~s~qge~n~e~qi~e~2qW~qW~qRI be
             conservation. B~q@u~qi~qd~a~qi~qy size w~qi~ql~ql~*~v~ar~qr                  included ~qw~8qM~qa~'~a~r~qme~qa~c~qb ~n~qw~e~l ~l~e to                       the area In ~qS~0qi~;~0q0~0~2qA
             greatly depending ~q= th~er ~nat~qm~qv of the                  ~s~e~! We ~qM~qM ~qb~u~0qf~0ql~qe~x~o~r for other ~qM~C~4qM~6qM
             ecosystem~. Research reserve b~o~u~n -~0~6-                  purposes;                                               (a) At the ~8qf~8qt~qi~a of the ~s~qt~o~6qW~s request
             nr~~nt~e~n~c~umpa~ss theme -~-~qi~qi~0q*~qin~qw                           -~q(4~qJ~q7~4qS~&~-~9~0qK~e~,~s~V~6qd~4qf~4qt~qb~2qf~2qt~6q&~qr~C~4q;~qg~-~qte~r~qM ~
             adequate c~ontro~qf brim ~o~r~8q*i~qll~qb~e                         estuarine research. ~qi~n~c~qh~id~ql~E~6qW e~qm ~qic~al                 for NOAA ~app~qm~v~4qd of a ~qp~top~qos~e~qd ~2qd~8qM
                                                                    factors and proximity                                                  total ~qS~ql~8qw~i~,~8q= allowed for
             established by the ~qm~a~n~2qw~M~qI~qr~qo~a~0qdt~0qy over.                                             to e~x~q1~qi~8qf~8qt~2q" ~-               the ~sta~0q* ~n~t~4qor - at r~o ~I~l ~9 ~l~o~qq~u~e~d~qt~qi~Or u~qP t~qO
             human ~a~ct~8qMt~qfe~v                              the ""     research facilities and educational                   $40.000 of th
                                                                                                                          pr~0q=~4q= ~qh~q=~8q& to develop the
             reserve. Genem~ql~qly~.                 ~6qb~v~qi~qi~6qA~srfe~s          institutions-,
             will encompass two a, ~I~~v~e~-~C~8ql~e'~qY~'h~qi~nd and               ~-~q(~q5~q1~qT~qhe site's c~ompati~qbi~ql~q1t~qy~4qw~qi~qth                     draft ~umn~a~0qp~qm~en~qt plan and fw the
             water areas (or ~"~C~q=~4q4 ~~qi~qi~e~w~r~ql am ~8~@                 ~'~t  e~x~qi~g~qdn~qg ~a~qi~L~qd potential land and water                 collection ~qd~r~e ~qb~s~qt~w~q=~qf~qf~a~n ~n~e~c~e~l~g~a~r~qY
                                                                                                                          for ~qpr~ep~a~qm~qd~o~st of ~t~qh~e~0qe~nvir~on~qm~e~n~t~al
             buff er zone. Key Is ~q@~qr~6qm ~qG-~q3~q3 ~6qW~A~q-~qT~2q-~qW~qa~i~qm~qu~qr a& cue       uses ~2qi~qn co~qn~0q1~8ql~32qo~qo~4qm~q-~0qw~qea~qs- as well ~q88
                                                                                                                          impact state~qm~2q-~qc~qrt At this time. ~0qd~4qw state
                                                                                                                                                                           - ~q1.
             and a ~0qb~qa~16qf~16qfer z~6qb~qn~qe ~0qw~0qf~0qil                                 a~qp~qp~6qi~qov      c~qoa~qs~40qW and estuarine
             significantly d~2qi~16qf~16qf~qer~0qir~0qR~6qi~qe~qv-~qC~6qm~qe~2qf~q-~6qd~6qon~6qt~6qi ~4qF~q-               ma~qna~8qieme~qn~0qtp~0qla~qn~qs; and                                  ~4qM~12qW also ~4qn~qr~4qb~0qm~12qk ~0q4 ~qa~qe~2qq~qw~08qw f~qc~qm~q; the
             (see ~6q1 ~4q921~q-~0q1~0q3~6q(~qa~0qx~40qn~0q@ Ili ~28q*~4qi~0qi~qr          ~q.-~qK~2qi~64qi~24qh~4qi~2qi~48qd           ~0q(~4q6~0q) the ~16qe~16qW~qr importance ~44qVe~0qd~qa~qt                    t~2qf~8qo~2qn remainder of t~0qi~6qmp~4qa~0qd~qe~qs~8qi~16qP~qat~8qi~qca funds
                                                                                                  c~qo~6qi~ql~4q@~qsf~qs~00qf~00qt~qr~qrt W                                 ~q%                        ~q.
                                           to- t~0qf~8qi~6qi~0qi~0q6o~qr~@~4qe~q_~q'a~qr~qi~qe~_~qd-   ~qn ~0qE~6qn~4qt~qe~q.~qV~2qi~8q6tr~2qi~2qi~q'~2qt~2qi~8qf                               ~8qith f~qo~qr research necessary to complete a
             and water areas" refers                                a d'
             within the reserve tha~4qL~2ql~qs so vital to t~0qb~8q& ~0q4~q-           the need' f~0qb~qx ~qc~qo~qnt~8qh~0qmird                           ~0qo~4qf the basic ~0qh~qa                                      ~2qIc~q.
                                                                                                                                                                           ~qIC3
                                                                                                                                   at                                      ~4qL
                                                                                                                                          ~4qr ~4qb~6qi~2qo~4ql~qo
                                                                                                                          chemica~0qt and b~6qto ~qo c~44qa~q'c'~0qhar~q'acte s I
             functioning of the e~8qat~q'uar~qin-~6qi`e~q'c~q'~2q3~4qsys~q'~0qfe~q-m~q'          -natural system.                                  ~q5~q-  Of t~0qh~qe ~qs~12qf~12qt ~qg~qy~0qpro~qv ed by N0~12qA~12qA~q_ The
             that it must be under a level of control                 ~6q(~0qd~0q) ~12q&rly in the site selection pr~qoce~qs                        ~qr~qe   ~.
                                                                    the state ~q..~qst~q'~qseek the views of affected             state~q's quest ~0ql~6qbr these post site
             s~,~iff~ic~8qient to ensure the l~qon~8qg~q-t~qei~0qm                                                                                           ~0q1       ~4qt be accompanied b~2qy
             viability ~qof the reserve for research art              landown~qem, local governments. other.                  selection          m~qus
             natural proce~qs~4qm~q. Key land ~qa~qnd water                    state a~6qf~6qid' Federal agenc~2qies~q'~qa~4qnd other                the information s~2qp~4qe~2qi~6qi~0qf~0ql~qe~4qd In subpart I of
             areas, which comprise the care area. are               parties ~qv~qv~28qu am interested ~2qi~qn the~q'~qare~ql~0qi~4qf~qo~8ql             this part a~8qn~4qd. for draft management              ~.plan
 





                                         Federal Register / Vol. 55. No. 141 / INIonday, July 23. i9go                         Rules and Regulations

                              development and environmental impact           establishing adequate long-term state             state shall give priority consideration to
                              statement information collection. the          control over these areas sufficient to            the least costly method(s) of attaining
                              following programmatic information:            provide protection for reserve resources          the minimum level of long-term control
                              (1) A draft management plan outline            to ensure a stable environment for                required. Generally, with the possible
                              (see I 921.13(a) below); and                   research. This plan must include an               exception of buffer areas required for
                              (2) An outline of a draft memorandum           identification of ownership within the            support facilities. the level of control(s)
                              of understanding (MOU) between the             proposed research reserve boundaries.             required for buffer areas will be
                              state and NOAA detailing the Federal-          including land already in the public              considerably less than that required for
                              state role in research reserve                 domain. the method(s) of acquisition              key land and water areas. This
                              management during the initial period of        which the state proposes to use-                  acquisition plan. after receiving the
                              Federal funding and expressing the             acquisition (including less-than-fee              approval of NOAA, shall serve as a
                              state's long-term commitment to operate        simple options) to establish adequate             guide for negotiations with landowners.
                              and manage the national estuarine              long-term state controL an estimate of            A final boundary for the reserve shall be
                              resear& reserve.                               the fair market value of any property             delineated as a part of the final
                              (b) The state is eligible to use the           interest-which is proposed for                    management plan:
                              funds referenced in I 921.12(a) after the      acquisition: a schedule estimating the             (8) A resource protection plan
                              proposed site is approved by NOAA              time required to complete the process of          detailing applicable authorities,
                              under the terms of 1921.11.                    establishing adequate state control of            including allowable uses, uses requiring
                              1921.13 Management plan and                    the proposed research reserve; and a              a permit and permit requirements. any
                              environmental Impact stat*m*M                  discussion of any anticipated problems.           restrictions on use of the research
                              development.                                   In selecting a preferred method(s) for            reserve, and a strategy for research
                              (a) After NOAA approves the state's            establishing adequate state control over          reserve surveillance and enforcement of
                              proposed site. the state may request to        areas within the proposed boundaries of           such use restrictions, including
                              use additional predesignation funds for        the reserve, the state shall perform the          appropriate government enforcement
                              draft management plan development              follovAng steps for each parcel                   agencies;
                              and the collection of information              determined to be part of the key land              (9) If applicable, a restoration plan
                              necessary for the preparation by NOAA          and water areas (control over which is            describing those portions of the site that
                              of the environmental impact statement.         necessary to protect the integrity of the         may require habitat modification to
                              The state shall develop a draft                reserve for research purposes). and for           restore natural conditions;
                              management plan. including an MOU.             those parcels required for research and            (10) A proposed memorandum of
                              The plan will set out in detaih                interpretive suppcrt facilities or buffer         understanding (MOU) between the state
                              (1) Research reserve goals and                 purposes:                                         and NOAA regarding the Federal-state
                              objectives, management issues, and               (i) Determine, with appropriate                 relationship during the establishment
                              strategies or actions for meeting the          justification. the minimum level of               and development of the national
                              goals and objectives;                          control(s) required (e.S.. management             -estuarine research reserve, and
                              (2) An administrative sectiorl                 agreement regulation. less-than-fee               expressing a long-term commitment by
                              including itaff roles in administration.       simple property interest (eg., -                  the state to maintain and manage the
                              research. educatiou/inteipretatIon. and        conservation easement), fee simple                research reserve in accordance with
                              surveillance and enforcement; - '              property acquisition. or a combination            section 3-15 of the Act IS U.S.C. 1461.
                              (3) A research plan. including a               of these approaches;                              and applicable regulations. In
                              monitoring design;                               (I!) Identify the level of existing state       conjunction with the MOU and where
                              (4) An educ"ation/interp   Iretiv.e plan:      control(s);                                       possible under state law, the'state will -
                              (5) A plan for public access to the              (iii) Identify the level of additional          consider taking appropriate.
                              research reserve.                              state control(s), if any. necessary tQ            administrative or legislative actiab to
                              (6) A constructio; plan. including-.       a   [email protected] minimum requhvments                      erisure the long-term protection and',
                              proposed construction schedule, general        identified in (a)VI(It. of this section:          epwation of the national estuarine
                              descriptions of proposed developments            (iv) Examine all reasonable                     Towarch reserve. The MOU shall be
                              and preliminary drawing& if . ,                alternatives for sid-airims the kmel of r.        signeaprior to research reserve
                              appropriate. Information should be             control Identified in (a)(7)(IM of fids           designation. If other MOUs are
                              provided for proposed minor.                   secdm and perform, a. cost analysis of            necessary (such as with a Federal
                              construction projects in sufficient detall     ench:and                                          agency or another state agency), drafts
                              to allow these projects to begin in the          (v) R" in order of cost. the methods            of such MOUs also must be included in
                                                                             (including acquisition) identified in             'the plan: and
                              initial phase of acquisition and. . . I                   h (a](7](Iv) of this 3ectiolu            (11) If the state has a federallY
                              de vel op ment. If a iiihor center,            paragrap
                              research center_oVmy other facilities          An assessment of the relative cost-               approved coastal zone management
                                                                                                                                            cumentation that the
                                                                             effectiveness of control alternatives             program. do
                              are proposed kiqojp@truction or
                              renovation at"thi-she, 6r restorative          shall include a reasonable estimate of            proposed national estuarine research
                              activities whicl@reqiilriiignificant           both short-term costs leg., acquisition of        reserve is consistent to the maximitirn
                              construction are pI anniid'. adetailed         property Interests. regulatory program            extefit practicable with that program.
                              construction plan including preliminary.       development including associated                  See I 921.4(b) and I 921.30(b).
                                                                                                                                 (b) Regarding the preparation of an
                              cost estimates and architectural               enforcement costs, negotiation.
                              drawings must be prepared as a part of         adjudication. etc.) and loni-term. costs          environmental impact statement [EIS)
                              the final management plan: and                 (eg., monitoring. enforce   .ment.                under the National Environmen      *tal Policy
                              (7) An acquisition plan identifying the        adjudication. mariagement and                     Act on a national estuarine research
                              ecologically key land and water areas of       coordination). In selecting a preferred           reserve proposal. the state shall provide
                              the research reserve, ranking these            method(s) for establishing adequate               an necessary information to NOAA
                              areas according to their relative' ,           state control over each parcel examined           concerning the socioeconomic and
                              importance. and including a strategy for       under the process described -above, the           environmental impacts associated with


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           2~954            Federal Re~g~is~qkw / V~~L ~55. No. 141 / Monday, I* ~qV. 1990 / Rules ~m~d Regulations

           im~p~f      n~*~8qM the draft management                   funds ma~qy be used in accordance with                that the construction activity will not be
           Plan and feasible alternatives to the                the final m~e-~qg~ament plan to c~on~stru~c~A               detrimental to the environment.
           Plan. Based o~n this ~qir~qfor~qm~atian. NOAA                research and educational f~a~z~qdli~t~qies,                  (d) Except as specifically provided in
           will Prepare the draft E~2qM                            complete any rem~a~qi~r~2q@ ~qL~a~y~i~qd                          paragraphs (a) through (~c~q) of this
             (c) Ear!y in the development of the                acqui~si~qb~qnn. and for restorative activities          section. construction pr~a~qj~ects~, to be
           draft management plan and the draft                  identified -- ~t~ql~@e ~qf~qi~-~na~ql management plan.          funded in whole or in part under an
           E~S. the state shall hold a mee~qb~-~.g in the           In any case. the amount of Federal                  acquisition and deve~q4opment award~q(~s),
           area or areas most ~&~qL~rected to ~sol~i~4qdt                finan~c~q!~a~ql assistance provided to a                  may no~q@be initiated until the research
           ~Pu~b~i~ic and g~c~v~e~r~n-~qm~e~nt comments on the               coastal state with respect to the                   reserve receives formal de~3~f~ignat~ion (see
           s~~g~~~f~icant i~ss~t~ie~s r~ela~ied ~qW the                    ac~q=sit~qi~o~n of Lands and waters, or                     ~q9~2~-~1~-30~q)~. This requirement has been
           proposed acti~c~a. N~8qCt~qL~l~qk w~qil.1 publish a              int~q@r~es~ts therein. for a~=~q7 one national             adopted to ensure that substantial
           notice of the meeting in. the Federal                estuarine research re~qw~x~ve may~'n~ot                   progress ~qUi establishing adequate state
           R~gi~t~er ~q!~q3 days prior ~t~j ~t~qhe me~eti~r~2q4                exceed an amount equal to .~90 percent of            control over key land and waters areas
           The state ~sh~0q" be respon~ai~ib~ql~e for                    ~t~qhe costs of the lands, waters, and                 has been made and that a final
           publishing a similar notice in the local             interests th~eret~a ~or SUM=                           management plan Is completed before
           media.                                               whichever amount is less. The amount                ma~i~or s~qm~ns are spent on c~o~nstruct~`cn.
             (d) NOAA w~qU~ql publish a Federal                     of Fed~a~r~0qJ- assistance for development               On~q@e substantial progress in
           Rep's ~~ern~ot~qice c~qf intent to prepare a               and ~c~i~o~n~s~itr~u~c~qd~o~n. act~qi~-~v~qi~qt~qies is S~' ~1.~q5~q00~6q=         establishing ade~qq~u~R~t~qe state contr~o!~qJ
           ~d-~~~t ~qE~qi3~.~z~qkf~t~e~r the draft EIS is prepared                                                              acqui~s~@~qt~:on has been made, as defined
           a~d ~qf~qf~qled wi~qd~i the Enviro~nm~e~nt~al                     ~q1~q9211~q-~211 Mai acquisition and                               ';ate in the management plan.
           Protection A~qg~e~q-~n~zy (EPA). a Notice of                d~ev~el~op~n~qwt ~aw~ar~ts.                                  by ~6q&~e ~s  ~'
                                                                                                                    other ac~t~'~v~qities guid~t~:d by the final
           Ava~~L~iab~qi~4ql~ity of the DEIS will appear in               (a) Assistance is p~z~o~vi~qded to aid the             management plan may begin with
           the F~deral ~6qR~e~8q&ta~r. Not Less than 30                 recipient in:                                       NOAA~'~s a~qpp~z~ovaL
           days after publication ~of the notice_                  (~q1) Acquiring a fee ~z~qimpl~e cc less-                 (~e) For a~ny real property acquired in
           NOAA will hold at least one public                   than-fee simple real property interest in           whole ~3~r part with Federal funds for the
           hearing in ~qt~qh~e area or areas most                    land and water areas to be included In              research reserve the state shall execute
           affected by the proposed national                    the research reserve ~qbounda~6qd~q" (see                  suitable fi~lle documents to include
           estuarine research reserve. The hearing              I 92~4q=~q3~q(a~q)~q(7~q@ I 9~q2~q1~-~0qVd)~q?~, ~-          .               sub~sta.~-~2qWally t~qh~e following provision&.
           will be held ~no sooner than ~q1~q5 days altar              ~q(z~q) ~0qH~u~qm~r construction~, as provided in             or otherwise append the following
           appropriate notice of the meeting has                pan~a~qgrap~qh~s (~qb) and Cc) of t~qb~qd~o section:             provisions in a manner acceptable
           been given in the principal news media                 (3) P~r~epa~qd~n~qg the f~6qma~qk management                  applicable state law to the official ~ql~a~md
           and in the F~qed~e~cal Re~qg~0qWer ~qby N~0qOA~qX                    plan; and                                           rec~ord(~3):
           and the state, respectively. After a 45~-               (4) Up to the point of research reserve             (1~q) Title to the property ~c~i~o~qnveyed by
           day comment period. a final EIS ~v~q4~qU be               designation~. imi~tial management costs.              this deed shall vest in the ~qf~qt~e~c~qipi~e~nt. ~C~qof
           prepared by NOAA.
                                                                eg., far ~qi~qmple~qm~e~n;~2qW~6q* the NC~qLAA                      the award granted pursuant to section
           Subpart C-~6qA~c~qq~u~0qM~qd~o~n~, ~0qD~C~V~2qe~0qq~qM~q"~nt~,                       appro~v ad draft ~z~qm~a~qgement plan.                     315 of the Act 1~q6 U.S~.C~. 14~q61 or other
           and Pr~ep~ar~a~qf~qfon of th~o F~qk~0qW                           preparing the final ma~na~qge~qm~e~4qW p1~qm                   NOAA approved state agency], ~aub~qf~e~ct
           Man~g~e~8qm~e~r~qd plan                                      hiring a reserve m~an~a~6qW and ~o~qt~qh~qm staff               to the condition that the designation of
                                                                as             and for ~ad~i~er ~qm~amage~r~n~e~n~qt~-           the [name of National Estuarine
            921~20 G~*~nwa~qL                                       related activities. App~ql~qic~a~2qf~2qt~e                      Reserve] Is not withdrawn and the
             Tb~a a~z~i~qq~u~qis~i~ti~o~n and d~eve~q!~ap~qme~n~qt                   proce~qd~qw~a~s we specified ~qt~m subpart I of              property remains part of t~qha ~qf~qi~ed~qw~a~qR~qy~. -~1~7~.~~.
           period is ~s~e                                                                                  ~7      ~. ~-                         National ~qE~qs~qt~qd~q;~ui~ne
                        _~qV~qwated into two major                  this par~qL                                           designated [name of
           phases. After ~6qNOAA approval of this                    (~qb) The ~ex~qpe~ndi~qt~qi~qn of Federal and                 Research Re~se~tv ~q@ -:- _ _ ~- ~f                   ~'~. ~.- ~1~~ ~.
           site, ~                                                                                                             ~a event that th
                 ~~q@~aft management Plan~. and ~qdr~a~4qh                -state' f~az~qi~8q& on ~u~0qW~a~r ~co~qn~qstr~u~c~qt~q;~o~6q6~-                   (2) In t~qh                 ~i~qd property is ~n~q6
           ~NIOU~ and c~qz~inp~qiet~qi~o~n ~of the final ~2qM a               activities ~qi~4qA~o~qt a~ql~qlowed during the                  longer ~6qW~i~4qduded as ~qp~qo~r~qf~a~qfthe ~n~a~w~qArc~qh
           s~ta~fe is eligible for an Initial ~a~qdq~trix~qi~qd~on        initial ~i~a~c~q4~0qd~0qWo~v ~qe~i~8qO~. ~qd~e~v~e~ql~o~qP~qme~n~qt                   re~qierv~e~. or if th~e~~qd~4qf~4qi~qt~0qo~a          of"
           ~i~nd development award~qf~s~q@ In this ~qt~a~qltia~ql            phase. The pr~e~qp~er~a~il~ql~qi~on of ar~4~4qdu~ql~e~c~qt~q@r~el           research reserve of which it ~6qb part is
           phase. the state should work to meet d~i~a~'~-~,          a~qnd ~e~a~qgi~qbee ~i p~qt~a~qm ~qt~n~4qd~ud~i~qm~qg                     ~-   withdrawn, then NOA~6qA or tts successor
                                                                              ~qM~0qW
           criteria req~u ~qm~i~'d ~qfar faunal research               ~specif~qica~qdons, for any proposed                     agency, after full a~nd reasonable
           reserve designation; ~a~qg~, esta~qbl~qish~qb~6q*                 cons~qb~qvc~qtli~o~i~q@ or for proposed restorative           consultation wi~qd~t the S~qtat~p- m~ay
           adequate state control over ~0q" key land               activities, Is permitte~id. In addition. ~'           exercise the following rights regarding
           andw~a~qter~are~a a~s~s~qp~ec~qifi~e~ql~ql~a~qthe draft                  m~qk~qW construction ~i~ect~ql~qv~6qf~6qfe~s~, consists&              the disposition of the property. ~'~. ~. ~ ~'                     I
           management plan and preparing the                    ~6qy~qi~qth pam~qgra~qp~qh (c~q) of ~qt~qI~p~'~s section also               (i) The recipient may retain tide after
           final management Plan. Them                          are a~ql~qlowed. The NOAA~-appr~oved draft                paying the Federal Government an
           requirements are ~spe~c~qi~qf~qi~e~2qd~0qf~0qt~q@ ~q1~q92~1 3~qCk               management plan --~qt. ~qho~qw~qr~w~r~q=                    .-  amount computed by applying the
           Minor construction ins kill ~qP~i~qlw~qi~qth                  include a ~c~o~n~qs~4qt~qm~ct~qi~qo~qn plan i~nd a pub~qli~a             Federal percentage of participation In
           the draft management pla~qz~4q@~4qi~0qi~56q* also ba                access plan b~qe~0qf~qo~qr~qa~q'~4qa~12qw award ~0qf~qa~qnd~qs can               the cost of the original Project to the
           conducted during this i           phase~q. The         be sp~8qe~04qA ~8qon const~qrt~qe~qc         act~2qi~q. des. ~0q!~q@~q@ ~qe~q*~q* ~q.~q, ~-current f~qa~12qk     ~q'ink t ~qV~qa~8ql~qu~qe~~qof the
           initial acquisition and development                    (c) Oft minor ~qc~4q6~qa~qst~8qm~qe~4qt~6qi~8qm activities               property;
           phase is expected to last ~qn~qo longer than             that aid ~2qh~qx ~2qf~qn       in", p~qa~qrt~6qi~qon~qs of the             (~2q1~6q0 If this recipient ~0qd~qo~qe~2qi~q-~0qnot elect to
           three years. If necessary, a I                   time. management plan ~4q(~qa~qm~20q* its boat ramps               retain utl~qe, the Federal Government may
           period may be negotiated between the                 and nature tral~0qls~0q) ai~q* ~6qp~qa~8qi~16qm~12qMe~6qd during            ~qz either~q'direc~4qt the recipient to sell the
           state and NOAA. After research rese~4qm                 the initial acquisition and                         property and pay the Federal
                                                                            man ban ~0qf~0ql~q,                             Government an amount computed by
           designation, a state is elig~8qibr~0qi~qe ~4q1~8qw a               phase. No          ~4qt       ~qv~qe (~8q3) percent 0
           supplemental acquisition and                         the i~qnit~24qW acqu~2qis~2qf~2qt~2qi~qon and d~0qev                       ~q1~q1pp~0qly~8qing the Federal percentage of
           development ~qsward(s) in accordance                   award may, be ~qexpe~qad~qed. on                          participation In the cost of the ~qo~qr~40q%~6qb~24qw
           with ~q1921.31. In ~4qt~20qWs po~qst-d~qe~qsi~4qg:~qn~qat~6qkm                faciliti~8qm NOAA must make a specific                 project to the Proceeds from the "1~q0
           acquisition and development          pha~qa~8q%           determination~q. based on the ~2qf~2qi~qn~6qi~6qi E~8qI~24q&               (after deducting actual and reasonable
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                                          Federal Register / Vol. 55, No. 141 / Monday, July 23~ 1990                       Rules and Regulat~icr~s                    ~2~9~9~5~7

                            selling and repair or renovation                in the management plan. are under               state may request a supplemental
                            expenses, if any, from the sale                 adequate state control sufficient to            acquisi~tion and/or development
                            proceeds). or direct the recipient to           provide long-term protection for reserve        award(s) for acquiring additional
                            transfer title to the Federal Government~.       resources and to ensure a stable                property interests identified in the
                            If directed to transfer title to the Federal    environment for research:                       management plan as necessary to
                            Government. the recipient shall be                 (4) Designation of the area as a             enhance long-term protection of the are:
                            entitled to compensation computed by            reserve will serve to enhance public            for research and education. for facility
                            applying the recipient's percentage of          awareness and understanding of                  construction. for restorative activities
                            participation in the cost of the original       estuarine areas. and provide suitable           identified in the approved management
                            project to the current fair market value        opportunities for public education and          plan. and for administrative purposes.
                            of the property:                                interpretation:                                 The amount of Federal financial
                               (iii) Fair market value of the p~.~-operty        (5) A final management plan has been         assistance provided for supplemental
                            must be determined by an independent            approved by NOAA and contains the               development costs directly associated
                            appraiser and certified by a responsible        signed copy of the designation findings:        with facility construct~-~qi~on other than
                            ~c~qHicial of the state, as provided by               (6~q) An ~qN~qIOU has been signed between          land acquisition (ie., major constructio~r
                            Department of Co~qinmerce Regulations in          th~e state and NOAA ensuring a long-             activities) for any one national estuari~n
                            1~q5 CFR part 24. and Uniform Relocation          term commitment by the state to the             research reserve may not~qexceed
                            Assistance and Real Property                    effective operation and implementation          ~q$1~,~q500.~r~-~0qM and must be matched by the
                            Acquisition for Federal and Federally           of the national estuarine research              state c~a a 50/50 basis. Supplemental
                            assisted programs in 15 CFR part 11~.            reserve; and                                    acquisition awards for the acquisition c
                               ~q(~q6 Upon instruction by NOAA~.                    (7~q) The coastal state in which the area      lands or waters, or interests therein. for
                            provisions analogous to those of                is located has complied with the                any one National Estuarine Reserve ma
                            I 921.21(e) shall be included in the            requirements of these regulations.              not exceed an amount equal to 50 per
                            documentation underlying less-tha~n-fee-            (b~q) NOAA will determine whether the          centum of the cost of the lands. waters,
                            simple i~riterests acquired in whole or          designation of a national estuarine             and interests therein or ~q$4~,000.000
                            part with Federal funds.                        research reserve in a state with a              whichever amount is less. In the case ol
                               (~qg) Federal funds or non-Federal             federally 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 in          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 research reserve
                            the property interest has been identified       determination pursuant to section               within their respective portion ~qof the
                            as a part of an acquisition strategy            ~q307(c)(1) of the Act. ~q1~q6 U~.S~.~0qC~. 14~0qA and         shared biogeographic region.
                            pursuant to ~q1921.13(7) which has been           is C~qFR part ~q930~, subpart ~4qC See                  Application procedures are specified in
                            approved by NOAA prior to the                   I 92~q1.4~q(~qb~q). The results of this                 subpart I of this p~q@~8q& Land acquisition
                            effective date of these regulations.            consistency determination will be               must follow the procedures specified in
                               (h) Prior to submitting the final            published in the Federal Register when a         ~q9~0q=13(a)(7). I ~qO~0qZ~I~4qM (e) and ~q(f~q) and
                            management plan to NOAA for review              notice of designation is pub ~-lished. See
                            and approval~. the state shall hold a               ~q92~q1.30(c).
                            public meeting to- receive -comment on             (c~q) NOAA will cause a notice of              1~q221.32 ~' Operation and m~a~4qm~em~ent
                                                                                                                            ~qt~r~ap~ql~e~qm~e~nt~s~qd~o~n of the ~n~qu~n~a~qg~*~qmnt p~0qW~L
                            the plan in the area affected by the-           designation of a national estuarine                          ~'~i ~' ~'~@- ~
                            estuarine research reserve. NOAA will           research reserve to~qbe~qp~qla~ce~*din th~qk~.~              (a) After the national estuarine
                            publish a notice of the ~n~qi~qeetin~qg in the         Federal Register. Th~q6~'state shall be            resea~rch~re~qi~qi~r~qve~ql~s ~qf~0~_~q~q#~qaI1~qy~ des          ~qted.
                            Fe~q4~a~q;a~ql Register. -the state shall              responsible for having a similar notice         the state Is eligible to receive Fed
                                                             ~qW-             published~~qi~n the local                          funds t~8qW~qi~qu~qlst the      t~qi-ti~i ~qt~qh~e~'opera
                            responsible for h~qivin~qg ai~'~s~qi~0qm~qil 'no ~c~e                                                                              ~st~qi
                            published in the local meH~-                        (d~q) The ~qierm "state contro~8qr in               and management of the research.
                                                                               9~q2~q1~.~0qWa~q)(3~q) does not ~ne~qi~2q4~i~qs~'~_
                                                                                                                            reserve, ~q7~.~q1~i~s p~qu~r~qpos~eof ~2q" Fede~qi~qi~qily~:~.
                                                                                                            ~qi~qi~r         be
                            Subp~a'~6q" ~4q6~q-~0q*~03~qi~2q6~e D~e~qe~6q"~q@~8q" and                     require that key ~qlazid ~qi~v~2qJ~2q4~a arc"               funded operat~qko~n and management
                            Subs~e~qqu~e~'~qi~tt Operation~.                         owned by to ~a~4qf~4qtt~e In ~qf~qm ~a~ql~4q*~qi~qa                   phase ~qJ3~.to implement the approved fin
                                                                            Acquisition of ~q1~q6~9~o~8q4~qka~ti~-fe~e~-~s~qi~8qm~qple~'            ~n~u~ina~qgement plan and to take the.
                            ~q1~q421~-30 ~qD~G~8qW~q9~qm~qt~ql~*~n Of ~qR~a~q"~O~n~2qd ~qE~s~qt~u~a~r~qk~qm            Interests (e.g., conservation easements)        necessary steps to ensure the continue(
                            Research F~qt~e~s~e~r~v~e~qs~o                             and utilization of ~exi~s~qti~n~qg~'State               effective operation of the research
                               (a) ~q7~4q%~9 Under Secreta~i~r ~- ~2qmay
                                                        y                   regulatory measures are encouraged
                                                        tic"                                                                reserve~.
                            desi~qgna~qte~'a~n area as a na                       where the sta~qt~o'~can de~@~qno~qi~qi~qi~qt~qmt~e that
                            estuarine research                          to  these Interests find measures aS~SU~qM               ~q(b) State operation and management
                                                                                                                            ~o~qt~uational estuarine research reserves
                            section 315 of the-Act. if ~qb~q4se~qd on'            adequate long-term State control                shall be consistent with the mission. an
                            written fi~ndin~qgi~6qG~8q4~0q6~4q*~q1~qm~qi ~qi~qf~qiet the                                             ~a of the          shall further the goal& of the National
                                                                            -consistent with the purpose
                                                                            research reserve (see also I                .13(a)~q(~q7~q@         s      Reserve System ~4q(s~2qf
                            following r~equ~qi~q1~e~qf~qf~m~qi~6qdt~ql                                                        921             Estuarine Re ea~qrch
                               (1) The G~qo~2q4~qar~qr~2qi~36qk ~4qbf th~4qd coastal &tat's          ~2q92~4qi~08qm~2qf~12qj~8q)~8q). Should the state later elect
                            in which the ar~8qe~q*a Is lo~6q6~qated ~8qh~4qis                                                               I            ~2qt
                                                                            to purchase an Interest in such ~0qla~0qC~qnds~q.
                                                                        ~qJ                                                   ~q, ` (c~4q)Fede~08qf~08qtl funds of up-~8qi~qo~8q@~48q"~q,~8q600
                            nominated the ar~2qi~2qi for~qldes~0qf                                                                                                               per
                                                           ~6qS~4qh~0qat~6qlo~44qi~qas~q'a      Using NOAA fun~36qU adequate
                                                                        ~q.~q. I                              ~4qf~6qo                year. to ~6qb~qe-~qi~ql~8qiatched by the state bn a
                            national estuarine re~qisea~4q@rl re~0qierve~q-~q,          justification as to~4qi~4qb~qe ~8qi~8qi~0qi~6qid r such-
                                                 repr~8qisentativ~qe -                                                       ~8qf~8qi  so/so bast& an a~qv~8qiltable for the
                               ~64qW The area Is a                                  ~qu~2qis~8qit~4qion mu~2qit~q,be provided to NO 'A
                                                                            ~6q!~0q!~6q5~q,    ~q-~q, ~q*~q, ~q, ~q-~q-~q: ~q@~q. ~q- I ~q, ~q-              ~qJ~q0 I ~q,                      me                a
                            e~0qstuar~8qiri~qe ecosystem that to suitable for                                                       operation and ~6qii~40qk~2qi~2qi~72q& ~q' nt of th
                            long-term research and contributes to           1921.31 Suppl~qe~qn~0qm~qit~qal acquisition ~qa~qr~04qW            national estu~2qar~2qi~qt~4qie~q'~2qie~4qs~2qi~2qd~2qich res~qi~8qe~0qrv~qe.
                            the biogeographical and typological             development awards.
                                                                                                                            ~8qin~qa~0qtu~0qding'th~qe ~6qi~8qit~0qib~0ql~2qi~qe~0ql~qL~04qm~8qi~8qint and
                            balance of the Syste~2q= ~q7                            After national estuarine research            operation of a basic environmental
                               (3) Key land and water areas of the          reserve designation. and as specified in        monitoring program. In the case of a
                            proposed research reserve. as identified        the approved management plan. the               biogeographic region (see appendix I tc
 

~0





             2~~5~6           Federal Register / Vol. ~55, No. 141 / Monday, July 2~3. I~qM                               R~~I~~ ~~d Regulations

             this part) shared by two or more sta~qt~qm              accordance with section ~q1 ~q92~8qL~q13 and                 performance evaluations. if other
             each state is eligible for Federal                  shall include an administrative                     experts are to be ~i~nc~i~nd~e~d in t~qhe
             financial assistance to establish a                 framework for the ~qmu~ql~qdpl~e-~si~qte research             eva~qh~u~rti~on. N~0qQAA will first ask the
             national estuarine research reserve                 reserve and a description of the                    state to recommend appropriate
             within their respective portion of the              complementary research and                          individuals to serve in ~L~2qW capacity.
             r~~@ared biogeographic region (see                   educational programs within the                        ~q(d~q) Performance evaluations w~q9~ql be
             ~J ~921.10).                                          research reserve. If NOAA determines,               conducted in accordance with the
               (d) Operation and management funds                based on the scope of the project and               procedural and public participation
             are subject to the following limitations:           the issues associated with the additional           provisions of the CZMA regulat~qic~a~s on
               ~(~1) No more than $70.000 in Federal               site. that an environmental assessment              review of performance at 15 C~qFR part
             funds may be expended in a twelve                   is sufficient to establish a m~ult~qip~qi~e-~s~qite          9~q28 (ie., I 928.~q3~q(b) and 1928.4).
             month award period (ie., Federal funds              research r~e~ser~qm then the state shall                   ~q(e) To ensure effective Federal
             for operation and management may not                develop a revised management plan                   oversight of each research reserve
             be expended at a rate greater than                  which. concerning the additional                    within the National Estuarine Reserve
             $70.000 per year~ql;                                  component. incorporates each of the                 Research System the state is required to
               (2) No more than ten percent of the               elements described in ~q1 ~q9~4q7L.1~q3~q(~a~q@ The               submit an annual report an opem~qd~c~n
             total amount (state and Federal shares)             revised management plan shalt address               and management of the research reserve
             of each operation and management                    goals and objectives for all components             during the immediately preceding state
             award may be used for construction-                 of the multi-site research reserve and              fiscal year.-This annual report must be
             type activities (ie., $~q14~,000 maximum               the additional component's relationship             submitted within a ~i~qdnety day period
             per year).                                          to the original ~otte~q(~e~q)~.                            following the end of the state fiscal year.
             ~1921~q= Boundary ~char~8qV~es~, ~am~qm~Nl~a~t~er~A~s                 ~qS~ub~6qW E~q-~qP~e~r~qi~qm~qm~ar~i~c~e E~v~v~qi~qwt~qh~qm                         The report shall detail program
             to to management ~qp~qi~0qm ~e~nd addition of                and W~qf~qt~qb~qd~qm~s~g~qd ~0~q1 ~0qD~0q"~4qW~ill~i~qd~ql~o~n                        suc~ce~m~qm and ~a~cc~o~n~sp~ql~qi~s~qhm~e~nts,
             multiple-aft components~.                                                                                referencing the research reserve
               (a) Changes in ~qm~-~earc~qh reserve                    ~q1021.40 Evaluation of system                        management plan and. as appropriate.
             boundaries and major changes to the                 performance-                                        the work plan for the previous year. A
             final management plan, tr~u~qd~udi~n~qg state                (a) Following ~qJ~es~qi~qg~nati~on of a ~natio~n~s~ql           work p~qhm, detailing the projects and
             laws or regulations promulgated                     estuarine ~zesea~qmh ~re~s~ervs p~i-~s~an~qt to                activities to be ~a~n~qde~8qf~8qt~ake~n over ~qI~qb~e~-
             specifically ~qf~qm the research reserve,               1~q92~q1.30, periodic ~qper~qf~a~qm~a~n~cs                        comin~qg~qye~ar to meet the goa~qi~s and
             may be made only after written                      eva~qlu~e dons shall be conducted                      obje~e~6qf~6qtes of ~q(~qI~z~e research reserve as
             approval by NOAA. If determined to be               concerning the operation and                        described in the management plan and
             necessary, NOAA may require public                  management of each na~qtio~qi~8qW ~e~st~qw~f~ql~a~s                 the state's role in ongoing research
             notice. including notice in the F~ed~e~qm~ql              research reser~y~qi~q@ ~I~qn~c~4qU~ln On research                reserve programs~, shall also be included.
             Re~g~qW~qw and an opportunity for public                 and m~an~qk~o~r~qi~n~qg,            ~r~o~n~qA~l~qw~i~p~Al Within~,
                                                                                                                     I ~q921A~qI Suspension of ~#1~q1~q9~q2~q01~q11t~qy for
             comment Changes in the ~qb~o~k~qmdar~qf~es of                the reserve and education and                       ~qt1~n~an~c~qh~qd~a~s~2qd~a~qt~enc~e,
             the research reserve Involving ~8qdw                   ~qinter~qpre~qi~qt~qk~ve a~cd~6qd~qL~qi~a~q& Evaluations may                 (a) ~8qWa ~0qper~4qk~qma~nc~e ~evalua~qtk~qm ~qw~m~0qk~r
             acquisition of properties not fisted In ~ql~qh~a         a~s~qiess perf~q6rmanc~qi      ~8qk I. all aspeIeta of.          ~q92~q1.~q40 ~qm~ve~a~8qb that ~qi~q1a ~ope~r~al~qlo~n and
             management plan or final EIS require                research            ~.operation a~nd                                 of ~0qf~0qf~0qie ~qm~ae~a~r~ch reserve Is
             public notice and the opp~or     ~.t~un~i~ty~ for        ~qma~na          ~t or may ~qI~qM~1~1~-~a~f~e~A in scope.          management.
                                                                       Sermon                                        defi~c~qi~qn~4qK ~qor got ~0qae research be~0qf~0qt
                                                                 focusing
             comment;. In certa~qE~qd cases, an                                              ~6qh~qi~i~q@~4qa~-~o~0qr~- ~- ~-            ~-~_ ~,~-
                                                                                 ~qe~ql~qs~qi~qd~-~A                          ~. ~.~ic~o~nd~uc~qi~e~qd ~q@~0qAth~qin the reserve I~qs to( ~.
             environmental ~a~s~qie~qs~s~qment and p~qo~qi~s~qibly.              im                          ~4qi ~qw
                                                                   port
             a~ e~v~qi~a~q6~qi~o~n~e~o~U~qd~qI~qj~a~qp~ac~qt' ~s~qh~r~qlern~qe~nt,                -.as ~p~n~a~fru~qi~qi~s~0q@~8q"                                    con~s~qis~qt~e~s~qit w~qF~0qA ~0q&~O~6qZ~etuar~6qb~el~qtese~a~rch
                                                                                                                     Gu~qld~e~qlk~e~a~r~e~qf~e~r~qm~ced~q(~D~-~s~u~qb~qp ~qt~4qFQ~qf~'~_~'~_
             may~b~q@ ~qi~e~2qT~qAre~4q& ~0qV~W~0q%e~r-~q4'~qp~0qM~qK~c ~n~q6~qf~qici~e ~4qU               -and ma~qnag~qo~qm~e~n~qt~qma                 ~X~2~31~0~q1n~e
                                                                 whether ~s~i~q:~qi~6q@ to
                                                                                         ~qy                           ~4qw~s~@ ~qP~qW~qL ~4qi~qi e~4qu~qg~8qm~2qa~qy of ~qi~4qh~e ~l~8qv~8qm~8q@~,
                        N~0qCAA w~4q0~qp~ql~e~ce a ~not~6qk~e ~qt~n~-~q*~q!~.~                                       ~s~qi~c~qi~qi~qi~s~qi~l~qi, ~-~q;~_~1~1
                                                                 ~_~:~i~A~A~                          .~, - ~q- ~4q4~-           ~. reserve for ~qF~*d~a~qr~al ~qf~qf~ha~nd~a~ql a~s~e~2qw~qA~zi~c~qi~e
             the Federal         ter Of ~9~8q*~q0r~opo~s~q4d               com~qplia~qi~6qk~e ~vAt~2qi ~qi~qf~qi~l~q@~z~' ~q_e~qq~q9~qL~r~-e~qm~e~U~qf~q& ~4~) L -~' ~q3
                                                                                                                     as described in these regulations ~xn~q@~qy be
             changes In re~se~er~6q6 reserve boundaries               these     ~U
             or p ` d major changes ~qt~o~-th~qe f~qina~qt                                   t~qi~o~n and man~ag~e~q=~6q@~6qF~6qa
                 ~~op~o~qn                                                                   I
             management plan. The state -shall be'-;             "the      ~2q2~qm~qm~o~8qr~r~v~a is ~c~ons~0q4~qf~e~n~t
             responsible for publi~sh~qin~6qt~qan e~qq~u~qf~v~a~4qk~n~qf a~nd~qf~qi~r                               ~S~qh~qm and goals of the           (~qb) NC~qIAA will provide the ~s~4qf~4qtt~@ with
                                                                                         R~qw~qW~v~* ~0qR~g~s~e~4qq~4q*_~qw~,             --a written notice of the ~qd~e~4qAci~e~nc~qy at-
             nonce In the local me~qd~qfa.~.~qSe~e-a~ql~qw                   ~@~'Nati~o~n~2qa                                                          V. This ~no~iti~c~e ill "Plain
                                                                                         '~qand                        -nc~o~n ~q'~St~4qW~,
             requirements of I ~q921.~q4~q(~qb~q)~-~s~qi~b~qi~ql                    S~qys~qf~a~qin        I ~qQ~6q=~qk                                the ~qg~qn~qa~i~n~qs, ass~qm the Fed~e~n~qd rob In
                                                                 ~'~I~'(2~qJA~4q=~c~a~n~qf~qf~n~qM~qt~0e~)~qdstI~q&
                                                                                                         n~g~l~i~qp       contributing to the problem propose a
               (~b) As ~qd~qi~sc~us~s~e~qd~qI~qn I ~qi~ql~qi~6q@ a state                 support any one at awn of th~a                       solution ~or solutions, prov~qi~t~ql~e a w~qJ~q*~qd~L~8q"
             may ~8qdx~qme to ~ti~v~r~e~ql~o~qp ~&~0qA~2qW~qt~0qW~e~-~a~0qf~0qt ~q7~c                  made Under I ~qG~qZ~qL~q3~0qW~<~8q4
             national e~qSt~qma~qz~qi~qn~qe             ~8qk~qz~8qn~8qw~8qm a~qft~qm             (~qb) Generally. ~0q01~8q6~cm~a~qin~c~e~q.~qi~v~qill be"               by which Ike Mate Should ~qUmedY
             the initial a~qc~2qq~qn~6qis~16qM~qa~0qd ~8qw~24qd development~q'~q!              evaluated at lead Mary t~8qh~qr~qe~qa ~6qy~qJ~qea~8qM~q-~q:~q*~q-~q-~q-~q@~-~qI~q'        deficiency or inco~qos~2qi~qs~4qte~qn~qcY~q. ~qd~q8~24qd ~qN~04qW~qO
             award for a single silo ~4qb~qa~qZ~28qU~28q&~q.ma~4qd~qe~q. ~q@~8q7              More ~8qh~qiqu~qen~8qt evaluations ~qa~8qw~0qy be                     wb~6qil~qlth~8qf~8qf ~0qt~0qh~qe state's el~2ql~6qoibility ~4q1~8qw Federal
                                                                                                                     financial a~qs~qs~2qi~2qls~4qt~4qm~qo~qv has been
             Public notice of the proposed add~2qi~6qdoz~qz -:~q;~q*         s~4qched~qul~qs~qil as ~0qA~qp~qt~qa-~ql~qn~4qi~qld ~8q1~2q6 ~28qU
                                                                                                                  ~60q3-
             will be placed by NOAA In ~8qd~8qw ~4qF~qe~0qd~0ql~qeral               necessary by                                        In. whole or par~4qL. in We notice the state
             Register. The s~04qw~4qe shall b~qer~qespo~4qw~qiti~0qbl~qe                 (c) P~qarfo~qrm~qa~qn~qc~qe ~qev~qs~8qi~56q"~qj~qd~2q@~qn w~24qMb~qL--~q'- shall also be advised that it may.,;--
             for publishing an equivalent      ~q.~qn~qadc~qa in; ~qJ~~q'    co~qndu~16qd~qe~24qdby.~20qF~qad~qe~8qra~8ql ~qo~24qf~24qf~24ql~0qd~20qkIs~q.~20qV~24qA~qk9~24qd~q-~q'~4q-~qV~q'~q- comment o~4qn this finding and meet with
                                        ~6qp                        determined to be ~qn~qec~qes~qsa~2qi~0qj. ~20qYederal and NOA~52qA officials; to di~qsc~qu~qI~qS t~6qh~qe ~qr~4q"~q0~48q6 Of
             the local ~4qm~qe~4qd~2qI~4q& An ~qop~2qpo~qr~0qt~qu~qal~0ql~2qy foe                  ~qT~q3
             comment. in addition to t~0qh~qe P~qreParat~2qi~qnl~8qi -          no~qn-~6qFe~0qd~qa~8qm~4qt              in ~4qn~qat~qur~qs~qtl ~qv~qes~qc~qurc~qe~,       the pew ~4q9 ~qr ~qa~qn~qc~qe evaluation ~qs~4qud s~4qm~24q& to
             of either an environmental assessment               management. e~qstuar~2qi~qn~qe~q-~qr~qi~qe~qs~qe~qa~qr~qoc~32qk                    remedy the ~8qd~qe~4qf~4qi~.~qc~6qf~qen~qc~6qY of ~6qk~8q=~qn~q$~20qb~0q!~q4~4qn~qcY-
                                                                                                                        ~4q(~qc~0q) El                         ~8qm~qer~qv~qe ~4q(~8qw
                                                                 ~q-interpretation Of Other ~qf~qt~16qw~qe~qc~4qt~qs~q'~qo~8qd~q'                      ci~72qybil~2qity of a ~8q=s~qs~qarc~0qh
             or environmental impact statement on                                                                               I
             the prop~qo~qsaL will also be ~qn~12qm~08qpire~20q& Aft               national e~qstua~qr~08q*~4qW research TOW"                     ~8qA~qn~qs~qt~qu~qd a~qss~16qht~qanc~qe under the"
             environmental impact ~qsta~6q&~q4~qne~qnt, if                  operation and ~qn~0qon~qe~8qs~qe~qa~0qw~qn~0qt miry be                    regulations shall b~qe ~q1~q8~04qd~qor~qed upon
             required. shall be prepared in                      requested by ~96qNOAA to participate In                 written notice by NOA~64qA to the state
 

~0




                                            Federal Register / Vol. 55, No. 141 / Monday, July ~23, 1990                              Rules and Reg~~lations                       2~9~9~i

                               that ~t~qhe deficiency or inconsistency has         I 921~.21(e) regarding the disposition ~o~qf             to any other funds available to a coas~ta
                               been remedied.                                   real property acquired in whole or part              state under the Act. Federal research
                               (d) If. after a reasonable time. a state         with Federal funds shall be followed.                funds provided under this subpart must
                               does not remedy a deficiency in the                ~q(f) NOAA may not withdraw                          be matched equally by the recipient,
                               operation and management of a national           designation of a national estuarine                  consistent with I ~921~.~81(e)~q(4)
                               estuarine research reserve which has             research reserve if the performance                  ("allowable costs").
                               been identified pursuant to a                    evaluation reveals that the deficiencies
                               performance evaluation under                     in management of the site are a result of            ~qï¿½ 921.51 Estuarine research guidelines.
                               I 9~q21~.40(a~q), such outstanding deficiency         inadequate Federal financial support.                (a) Research within the National
                               shall be considered a basis for                                                                       Estuarine Reserve Research System
                               withdrawal of designation (see    ~qJ 921.42).     Subpart F~q-Research                                   shal.1 be conducted in a manner
                               921.42 Withdrawal of designation.                ~q1921.~50 General.                                     consistent with Estuarine Research
                               (a) Designation of an estuarine area               (a) To stimulate high quality research             Guidelines developed by NOAA.
                               as a national estuarine research reserve         within designated national estuarine                 (~qb) A summary of the Estuarine
                               may be withdrawn if a performance                research reserves, NOAA may provide                  Research Guidelines is published in the
                               evaluation conducted pursuant to                 financial support for research which is              Federal Register as a part of the notice
                               921.40 reveals that:                             consistent with the Estuarine Research               of available funds discussed in
                               (1) The basis for any one or more of             Guidelines referenced in ~q1921.51.                    921.50(c).
                               the findings made under ~qJ 921.30(a) in           Research awards may be awarded                       (c) The Estuarine Research Guideline
                               designating the research reserve no              under this subpart to only those                     are reviewed annually by NOAA. This
                               longer exists:                                   designated research reserves with                    review will include an opportunity for
                               (2) A substantial portion of the                 approved final management plans with                 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 Promotion and coordination of
                               been consistent with the Estuarine               subpart to reserves without final                    estuarine re~s~earct~L
                               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
                               (3) A state. after a reasonable ti~r~ne.           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. .
                               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 tha~i
                               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 consideration to
                               (b) If a basis is found under                    may be conduct~qid within the immediate                research that uses the National
                               I 921.42~q(a) for withdrawal of                    watershed ~'f the research reserve. the               Estuarine Reserve Research System~.
                                                                                majority     research activities of any
                               designation. NOAA will provide the                         ~of~o                                        (c) NOAA will consult with other
                               state with a written notice of this              single research project funded under this            Federal and state agencies to promote
                               finding. This notice will explain the            subpart must ~ql~i~q@~s conducted within                   use of one or more research reserves
                               basis for the finding, pro                                                                            within the National Estuarine Reserve
                                                         pose a solution        reserve boundaries. Research funds are
                               or solutions- and provide a schedule by          prim~l~arily used to support management-               Research System when such agencies
                               which the state should correct the               ',related research that will enhance'
                                                                                                                                     conduct estuarine ~q1~@~q6~se~sirch~.
                               deficiency. In this notice, the state shall      scientific understanding of the research             ~. ~.        ~- ~@ ~1~: ~ -~, ~@~i ~.~. ~:~~.~"
                               also be advised,~qthat it may comment on           ~.reserve ecosyste- &-provide    ~,information         S~ubPart~4qQ~qg~2q@t~O~r~qh~0q4~qi
                               the finding ~and meet with NOAA                   ~6qr~ri~qie~q4ed ~0qV~qi~'~0qO~s-e~r~y~"e~i           rs and ~q6~q6a~s~qt
                                                                                                                               al    9211.~q60 ~_~#~8qQ~~0C
                                                                                                      M                                          ~qi~qW~aL    ~ ~"
                               officials to discuss the ~qfi~n~qA~in and seek,        ~-~,~qp~ana~qgeme~nt d~qe~qc~qt~qs~qi~)            e r~e, and            ~qf                  ~6qA~4qw~.~q@ ~- ~-
                                                                                                                                             ~A~qV~A
                               to co~qi~qre                                         improve                                              (a) To p
                                      ~ct ~qthe'def~qic~qiency. ~.- - : : ~@ ~@~-                    p~qi~abl~qi~c ~qa~6q*~qire~qi~ie~s~s and                                ~r~q6~qi~qlde a systematic basis for
                               (c) If. within a reasonable period of            -understanding ~q6f-estuarine' ecosystems              evelopi~n~qg a high quality estuarine
                               time, the deficiency is not corrected in a       and estuarine md~-~n~qigeme~qit Issues.                    resource and ecosystem information-
                               manner acceptable to'NOAA~. -a notice             Research projects may be~qo~i~n~fe~-~nited to               base for ~na~it~qional estuarine research
                               of intent to withdraw.desig~nation~.~'w~qith          specific research reserves: however.                 reserves and. as a. result. for the System
                               an opportunity for co~n~qq~uent, will be.            research projects that would benefit                 NOA~6qAmay p~qro~.v~qid~qe ~qfl~i~aa~z~ic~qial support
                               placed in the Federal Register.-_- ~: . ~-         more ~qf~qlum one research reserve in ~6qf~6qt                 ~qf~ur~qnon~qit~o~r~2qW~qSpr~o~qgmm~s. Monitoring
                               (d) The state shall be provided the              National Estuarine Reserve Research                  fin~i~qds are used to support three major
                               opportunity for ~qi~4qi~q@~8qaormalhe~qarin~qg                 System are encouraged.                               phases of a monitoring program; studies
                               before the Under Se~8q&e~qiary to consf der              ~q(~qb~q) Federal research funds under this             necessary for comprehensive site
                               NOAA's finding a de~q@~2q4~q6~0qw~@~q__~qn~qcy ~qand intent         subpart are not intended as a source of              descriptionlcharacterization.
                               to withdraw de~qs~6qI~6qj~6qi~2qi~84qg~qc~4qb-~20qZ~q*.~q_        ~0qU a" the'     continuous' funding for ~6qi ~4q@a~qirt~2qicular                ~2qde~4qy~qe~4ql~qo~6qp~20qme~qnt of a site profile, and
                               state's comments on'~qi~32qM~4ql resp~qoiiie to             project over time'. Research funds may               implementation of a monitoring
                                              e"n~q"~q'n~qa~4qiice~q-~q-p~q'~4qw~q-~q'~q#~q'u~q'a~q'~qntto'~.
                               NOAA'~qs wr~2qitt                                     be used to support start-up costs for                program.*
                               I 921.42(b) and Fede~2qial ~48qk~qe~0q;~6qjIst~0qi~qr~q"not~6qic~8qe         long-term ~0qOi~8qbjecfs if a~4qh applicant ca~qn-T             ~q' (~4qb) M~qo~qn~2qi~0qt~6qb~2qi~2qf~2qi~4qi~6qi ~4qKL~2q@~0qds are av~8qi~qt~2qilable on
                               pursuant to I 921.42(c) ~q. ~q6~q. ~q;               ~."I identify an a~4ql~4qtern~0qit~6qi~@~8qve~q*~qsourc~0qe~q-of long-             a competitive basis to the ~qst~4qat~ql~2qq agency
                               (e) Within 30~q'days ~qa~4qhe~q'~qr ~4qt~0ql~0qi~8q@~04q@o~8qr~40qm id             term research ~qsup~0qoo~2qit~q.~q* A-~q-~q,                         resp~6qj~q)z~2q!~2q;i~8qb~8ql~6qq~4q_~4qf ~0qr~0qV~8qs~0qi~qr~2q@~8qe management          ~q'or
                               hearing. the Under Secretary shall issue           ~. (c) Research funds are available. on a           ~32qlualif~2ql~6qid ~64q@~68q@.~0qtlic or private person or
                               a written decision regarding the                 competitive b~2qis~6qi~0qs~2ql~2qo any coastal state or             e~qn~48q#~76qj~48q4e~6qi            by the Reserve. ~
                               designation status of the national               qualified public or private person.' A               However.~q. if the applicant is other than
                               estuarine research reserve. If a decision        notice of available funds will be                    the manag~8qin~6qj ~0qi~4qnt~8qity of a reserve
                               is made to withdraw research reserve             published in the Federal Register.                   research (coastal state). that applicant
                               designation, the procedures specified in         Research funds are provided in addition              must ~qsubm~qi as a part of the application
 

~0




           299~8             Federal Register / Vol. ~qM, No. 141 1 Monday, July Z3~                               19~90 Rules and Regulations
           a letter from the reserve manager                     recipient. consistent with ~qI ~q9~q21~-81(e)(4)           public or private person may apply for
           indicating formal support of the                      (-allowable costs-).                                Federal financial assistance awards for
           application by the managing entity of                                                                     estuarine research or monitoring. 'Me
           the reserve. Monitoring awards will be                  ~921.71 Categories of p~ot~ent.~4qW                     announcern~ert of opportunities to
           made on the basis of a five-year                      interpretive and educational p~r~o~4qo~ct3;               conduct research in the reserve sys-t~er~n
           performance period; and with initial                  evaluation criteria.                                appears on an annual bras-Is in the
                                I
           funding for a twelve (1~1~1) month period;                (a) Proposals for interpretive or                 Federal Register. If a state is
           and with annual supplemental funding                  educational projects will be considered             part," cipating in the national Coastal
           cont~L~gent on ~8qM~i~qlo~rmance and                          under the following categories:                     Zone Management Program. the
           a pp~mpriati~ons under the Act.                           (1) Desig~rL development and                       applicant for an award under section
                                                                 d~qis~tributi~on/p~q! acement of interpretive or
           Monitoring funds are provided in                                    ~r                                     315 of the Act shall notify the state
           addition to any other funds -available ~0              educational media (ie.. the development
                                                                                                                     coastal management agency regarding
           a coastal state tinder the Act. Federal               of tangible items, such as exhibits/                the application.
           m~~itcr~qin- funds must be matched                      displays, publications, posters, signs,
                                                                                                                        (b) An original and two copies of the
           equally by ~t~qh~,~? recipient. consistent with            audio/visuals~, computer software and                formal application must be submitted at
             ~92~~81~fe)~q(4~q) ('allowable ~c~csts").                   maps which have an educational cr
              ~(~~                                                                                                    least 1~q20 working days prior to the
                  Monitoring projects funded under               interpretive purpose; and techniques for            proposed beginning of the project to the
                     ~t~,                                                                                              following addre
           this Sub-art must focus on ~t~ql~i~a resources             making available or locating information                              ss: Office of Ocean and
           within the bcu~ndaries of the research                 concerning research reserve resources,              Coastal Resource Management,
           reserve and must be consistent with the               activities, or issues);                             National Ocean Service. National
           a p~p~h cable sections of the Estuarine                  (2) ~q6evelopment and presentation of               Oceanic a~nd Atmospheric
           Research Guidelines referenced ~qi~n                     curricula, workshops, lectures. seminars,           Administration, Universal Building
           ï¿½ 92~1.51. Portions of t~q1~ql~ie pro~;~c~ct ~qmay               and other struc~qtured programs or
           occur with~qm the immediate         ~iwate               presentations for facility or field use;            South, 1~q8~q2~q5 Co~in~r~iec~ticut Avenue. ~2qNW~,
           of the Reserve beyond the site            r~shed         (3) Extension/outreach programs; or               Suite 714. Washington. DC 20235. The
           boundaries. However. the monitoring                     (4) Creative and innovative methods               Application for Federal Assistance
                                                                                                                     Standard Form 424 (Non~-~c~o~n~stru~cti~on
           proposal must demonstrate w~qt~ry this is                and technologies for implementing                   Program) constit~at~es the formal                 ~-             I
           necessary. for the suc~qde-~.~. of the project            interpretive or educational projects.               application for site selection~. post-~s~qi~qte
                                                                   (~qb) Interpretive ~a~nd educational
           Subpart H-~qInt~e       rpr~et~at~qi~on and                   projects may be oriented to one or more             selection. operation and management.
           Edu~a~2qWn                                               research reserves or to the entire                  research. and education and i~nte.~l~.
                                                                 system~. Those projects which would                  awards. The Application for Federal
           ~1~92~~q00 ~qG~e~nwa~qL                                         directly benefit more than one research             Financial Assi~4qdance Standard Form 424
              (a) To stimulate the development of                reserve, and. if practicable. the entire            (Construction Program) constitutes the.
           innovative or creative Interpretive and               National Estuarine Reserve Research                 formal application for land acquisition
           educational projects and mat~e~r~ia to                   System. shall recelve priority                      and develop-ant awards. The
           enhance public awareness and                          consideration for funding.,                         application must be accompanied by the
           understanding of e~2q"r~qj~ue~qf~qire~a~8qc _~!                  ~.                                                       information required In subpart B
                                                                   ~q(~c~q) Proposals. for, ~6qk~qa~e~q-rpretive and              (predesignation) of ~q1~q1~ri~s part. subpart C
           NOAA may fund interpretive ~qw~hd
           educational activities. Interpretive a            ~~nd educational p~ro~ql~qi~q6t~qi In national                    of th~qi~qi pad and I 92~q2~8qM (acquisition and
           educa~qf~qi~on~alawa~r~qd~s~qm~qOY~4q0~8~4qW~4qW~qO~O~qO                           estuarine resea~rc~qh~s'~es~e~r~ve~qi~s~-w~6qM be                  deve~q1~*p~q,~,~1~qJ~. and I~qS~qZ1~0q= (operation a.
                                                                 evaluated in a~qbc~o~rdan~qi~qm~-~4qW~qi~qth 'criteria,.                                            ~c~a~qb~qI~q4.~'
           under ~qth~qi~qi subpart to o~a~qX~qy~!t~qh~o~s~e                      listed below-':.                                    and m~qi~r~qia~qie~ti~t~6q6~it~q)~'~j~qis app~ql~qi
           designated research re~2qeerve~s~.with                                                                         Applications for development awards-,
                                             ~-       ~.             (1) ~Vd~i~v~rA o~n~al or l~i~n~t~p~r~pr~et~i~qv~qs merits;                                        or rest~er~irtiv~e ~-
           approved final n~r~a~n~a~qgeme~qh~ql ~qp~ql~qi~t~i~ts with                                                                   for construction p~qm~qjec~qt~s.
           ~Ahe following exception: NOAA may                     ~. (2) R~a~qle~qy~anc~qie~'~a~r ~qI~qmp~8qa~, ~qd~'an~qc~e to reserve         activities~ ~qI~nv~o~ql~v~qir~2q* construction. must.
           award                                                 management or c~oa~s~2qW d~eci~qs~l~o~r~im                  ~.~qak~i~n~qg;~,                     ~e~n~qi~4qO~n~ee~2qf~2qt~qs report. ~-
                    research award~a~0qE~qid~qir this                      (3) Edu                                       ~-   . include a preliminary
           subpart to reserves w~qi~qf~qft~out ~qf~qirt~qil                             ca~qt~qi~o~z~8qW quality                       a   A~ql~qi applications must c~ont~atn back up
           management plans that ~"have been                      soundness o~qf app~roa~qch.~.axpe~r~qi~qm                      data for budget es~qt~qIm~e~4qf~4qts (Federal and
           designated pr~qio~'~r to theeffec~qti~v~e date of             related to methodologies~q); - ~.                      non-Federal shares). and evidence that
           these regulations; in the absence of an                 (4) Importance to ~qt~qh~e Nati~q6nal                    the application complies w~qi~qC~a the
                                                                 Estuarine Reserve Research System~:
           approved final management plan: ~. ~.                                                                       Execat~qt~ve Order 123~q7Z
                                                                   (~q5) ~0qBud~2qpt and~.~q1~n~qati~qt~a~qtio~nal                       ~ZInt~er~qgo~vernmental Review of Federal
           however these reserves ~0q*~qi~ql~ql be ~e~2qWb~qIe                  Capabilities ~qCe,~6q&~.~'~r~eas~qi~on~qablen~es~s of               Program~is~.~@~-~' In addition, applications for
           for research awards ~8q&~4q&~"~6q"                  y e
                                        _~qh~q$~'~q6~qi~qil ~qt~qh first        b~@~-~.~:~,~,~-~qL~s~u~qi~qi~ql~6qde~n~q@y~o~qf~qlo~qi~qF~qLsticalsu~qpp~o~r~qt~ql~-           acqui~sit~qi~on~qand dev~elop~i~r~c~.-t awards
           two years after &a ~e~qf~qf~qb~6qa~qi~qe date ~qof                    an~qd~o
                                                                                                                     must contain:
           these regula~qtion~qi~.                                      (~q6) In addition. In the case of long-                ~q(~q1~q) state Historic Preservation Office
              (~b) Educat~qion~qa~ql~'~qa~n~qd I~nt~e~qrp~i~re~it~qive' funds          term projects. the ability ~af the State Or
           are available ~q*~qn~q'~qvi~6qc~4qo~2qi~2qi~2q#~40qW~6qH~qv~6qi ba -a's t~qo ~q.             the grant ~qre~qcipi~qe~qn  ~.t to support the p~qi ~qr~qo~4q)ec~4qt     ~qa~4q6mment~qi~qr.
           any coastal ~qf~qf~4qta~4qte e~4qht~2qIt~6qY~q.~q-~q,~6q1~4q4~qo~0qW~.~6q6~qV~q1~6qL~q- if the*        beyond this initial ~0qf~0qi~ql~0qp~2qfliz                           (2) Written approval ~24qf~24qi~qmm ~6qP~2q40AA of
           applicant is o~2qt~4qh~20qe than            ~q9~q1 it                                                                   the draft management Plan for inidal
           entity ~8qof a research re~4qse~0qi~0q@ve, that                   S~4qu                                                     quis~08qm~qo~qn aid development award~6qfs~0q@
                                                                   ubpart ~0q1~q-~q-~24qG~8qi~qn~qer~16qW ~0qFl~qnan~qc~2qla~6qt~..                      a~qc
           applicant must~q.sub~qa~qu-~8qI as ~6qi~q'~0qoa~qr~2qt of the               Assl~qat~qzr~qi~qc~qe Provisions                              and                        ...... ~qi~q.~q;
           application a letter from the. re~q'~0q@~q'erve                                                                     ~4q(3) A preliminar~6qy~q'en~2qginee~2qi~4qin~2qg ~4qTe~2qport
           manager in~0qd~8qica~0qt~2qIn~2qg ~4qform~2qid~ support of th~qe             ~8q1921.80 ~4qA~4qp~4qplicat~0qic~qt~q1~0q@~4q6~36q6~0qm~qu~0qd~0qlO~0qm                       for cor~8qi~qst~qr~6quction projects. or restorative
             ~qp~qp~ql~qi~cation by the                entity of            (a) Only a coastal state my apply for             activities involving construction.
           the reserve. These~qJ                provided in        Federal financial ~8qi~qs~0qi~qsist~4qs~24qm~qL~8qi~q'aw~q'ards for
           addition to any o~6qthe funds available to               preacquisitio~8qn~q@ acquisition and                     ~4q1~0q921.~4q5~0q1. A~4qi~qll~qo~qwab~ql~qe cost&
           a coastal state under the A~qc~8qL Federal                 developr~qa~8qint. operation and                            (a) Allowable costs ~0q;~4q@~6qill b~qa~q'
           interpretation and educational ~6qfan~2qds              ~q'   management. and education and                       determined in accordance with
           must be matched equally by the                        interpretation. Any coastal state or                applicable ~20qOMB Circulars and guidance
 

~0




                                            Federal Register / Vol. 55~ No. 141 / Monday~ July 23, 1990 / Rules and Regulations                                               29959

                            for Federal financial assistance, the                dete~n~ni~ning the value of the benefits                     10. West Flo~nda ~q(~qFL Jefferson to Cedar
                            ~qr~inancial assistance agreement. these                foregone by the state, in the use of the                  Key).
                            regulations, and other Department of                 land. as a result of new restrictions that                Louisianian
                            Commerce and NOAA directives. The                    may be imposed by Reserve designation~.                    ~1~1. Panhandle Coast (Cedar Key to Mobile
                            term "costs" applies to both ~t~qhe Federal             The appraisal of the benefits foregone                    Bay).
                            and ~non-Federal shares.                              must be made by an independent                            12. Mississippi Delta (Mobile Bay to
                              (b) *Costs claimed as charges to the               appraiser in accordance ~%~qith Federal                      ~qCalves~to~'n).
                            award must be reasonable. beneficial                 appraisal standards pursuant to 1~q5 CFR                    13. Western Cuff (Galveston to Mexican
                            a~rd necessary for the proper and                     part 24 and 1~q3 CFR part 11. A state may                   border).
                            efficient administration of the financial            initially use as match land valued at                     C~a~ql.~,~4~qb~rni~on
                            assistance award and must be incurred                greater than the Fed~cral share of the                     14. Southern California ~q(~1~4e~xican Border to
                            during the award period.                             acquisition and development award.                        Point Concepcion).
                              (c) Costs must riot be allocable to or             The value in excess of the amount                         1~5. Central California [Point Concepcion to
                            included as a cost of any other                      required as match for the initial award                   Cape Mendocino).
                            Fe de rally- finance d program ~qin either the         may be used to match subsequent                           1B. San Francisco Bay.
                            current or a prior award period.                     supplemental acquisition and
                              (d) General guidelines for the non-                development awards for the national                       Columbian
                            Federal share are contained in                       estuarine research reserve (see also                      17. Middle Pacific (Cape Mendocino to the
                            Department of Commerce Regulations at                ~q1921.20). Costs related to land                           Columbia River).
                                                                                                                                           18. Washington Coast (Columbia River t~o
                            15 CFR part 24 and OM~q1~q1 Circular A~-110~-              acquisition, such as appraisals, legal                    Vancouver ~qI~s~qlan~qd~ql.
                            Copies of Circular A-110 can be                      fees and surveys. may also be used as                     1~9. Puget Sound.
                            obtained from the Marine and Estuarine               match.
                            Management Division; 1825 Connecticut                   (3) Operation and Management                           Great Lakes
                            Avenue. NW., Suite 714; Washingto~r~t,                 Awards. Generally, cash and in kind                       20. Western Lakes (Superior. Michigan~.
                            DC 20235. The following may be used in               contributions (directly benefiting and                    Huron).
                            satis~qh                                               specifically identifiable to operations
                                  yin~qg the matching requirement:                                                                           ~2~1. Eastern Lakes (Ontario. Erie)
                              (~1) Site Selection and Post Site                   and management), except land. are                         Fjord
                            Selection Awards. Cash and in-kind                   a~ql~qlowable.                                                22- Southern Alaska ('Prince of Wales
                            contributions (value of goods and                       (4~q) Research, Monitoring. Education                    Island to Cook Wet).
                            services directly benefiting and                     and Interpretive Awards. Cash and in-                     23. Aleutian Islands (Cook Inlet to Bristol
                            specifically identifiable to this part of            kind contributions (directly ~qbene~qfiti~6qN                    Bay).
                            the project) are a~ql~qlowable. Land may not             and specifically identifiable to the scope                ~qS~qb_A~,,~t~qi~c
                            be used as match.                                    of work). except land. are allowable.
                              (2) Acquisition and Development                                                                              24. Northern Alaska (Bristol Bay to
                            Awards. Cash and in-kind contributions               ~q1921.82 ~qArn~endm~ent~st~o~f~qin~ancl~al                           Demarcation Point~q).
                            are a~ql~qlowable. In general. the fair market           assistance awards.                                        ~l~qw~&~dar
                            value of lands to be included within the                Actions requiring an amendment to                      25~. Ha~v~i~t~qf~qi~a~n, Island
                            research reserve boundaries and                      ~'~~- -~' the financial assistance award. such as           z~& w~e~l~qm~qm pacific island.
                            acquired pursuant to the Act. with other             a re~qq~qi~i~qist for additional Federal funds,                  z~7. Eastern Pacific Wand~.
                            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 ~6q8 to -Part ~q921-Typolo~qgy of
                            of real property a~ql~qlowable as match is                                             d must be                   National Es~qh~uuin~e Research Reserves
                                                                                 of the performance perio
                            limited to the fair market value of ~si-i~2qQ            sub~2q&~qltted to NOAA on Standard Form                        Thi~s.~typology syste~'m-~re~i~qf~qlects significant
                            property interest equivalent                         42~-4~'a~q-~n~qd approved in writing.                            differences In ~estu~ar~qt~n~qich~aracterist~qics that
                            required to attain, the level of control                                                                       am not necessarily related to regional
                            over such lan~qd(~s) identified by the state-           A~qpp~e~nd1x~q1~I~*P~v~qA~2~q=~q-R~qW~qX~eo~q8~qmphic                              location. The
                                                                                                                                                     Puma=
                            and approved by the Federal                          ~~.~qC~ql~qm~s~8qm~qm~qG~qm S~c~qh~qw~a~s                                         c~qlas~0qg~qi~ql~ic~at~qio~n is to maxim~qi~qn ecosystem
                            -Government as that necessary for th~qe                                                                          v~ar~qL~-~6qW in ~T~qhe selection of national estuarine
                                                                                 ~'A~qA~8q@
                            protection and management of the                                                                               ~qm~qwarc~qh reserves. Priority will be given to
                                                                                    ~i. Northern Gulf of Maine (Eastport to die             tr~ap~o~r~ta~nt ecosystem types as yet
                            national estuarine research reserve.~@                     Sheep~ecot River).                                    ~u~nrepres~e~n~ted in the reserve system. It
                            Appraisals must be performed acc~ordin                   2~. Southern Gulf of Maine (~qShee~psc~o~t River             should be noted ~8q" any one site m~a~qy
                            to Federal appraisal standards as -                       ~i~o Cope c~qo~8q4
                                                                                                                                           ~0qMm~se~n~t ~seve~nd ~ec~o~qmtem           of
                            detailed inDe~qo~0q&~4q@~4q&~qt~_o~qf Commerce
                                                        I                                                                                  physical characteristics.
                            regulations at ~q25~C~qER pa~qk~qf 24 and the,                                                                                             ~pes
                            Uniform Relocation Assistance and Real                  3. Southern New Wand (Cape Cod to                      Class ~qI-~qE~c~os~y~s~z~q@~a? ~qT~@
                            Property Ac~qq~u~qi~stt~qi~qd~u~"~2qI~0q&Fe~qderal -and                                                                            Group ~qI-S~qhorela~nds
                            Federally Assisted            ~qa~q-~8qm~qa~" In it C~qFR           4~q* ~qN~qf~qidd~qle Atlantic [Sandy Hook to Cape                A. ~qv~0qi~qa~00qdt~4qime ~4qFor~qe~q@t_ Woodland- This type of
                                                               I                      Hatteras).
                            part 11. Th~qi        ~4q@~2qi I ~4qt ~4qi~4qi~0qd~qu~qe of                                                                            ecosystem consists of single-stemmed species
                                                                                    5~q. Chesapeake Bay.
                            privately don~6qi~6qf~8qed ~0ql~2qi~60qa a~8qit~4qh~4qe ~2qd~4qm~2qi ~qof~q.~2q"~q.~q-~qx                            ~q-~q;~qf~q:~. ~qv~qi~ql-~qi I                               that have developed under the influence d.
                            doz~8qiation~q.~q'as~q"~0qis-~0qt~8q@b~6q@~8qihe~q:~q'd~q'~2qt~q'y~q'~qwa~4q-~qn                                                                           t spray. it can be found on coastal uplands
                                                                                                                                           ~qsal
                            independent ap~4ql~4q@i~0qii~6ql~0qie~qi~4qi ~6qi~8qi~8qd ~8q6                       ~2qv a~q5. N~qorthe~6qm~q' Ca~6qmlin~qas (Cape Hatteras to                 or recent features. such as barrier islands and
                                                                                 ~q.~q1                               ~.~q.~q.                                   y be divided into the,
                            responsible official of the state                         Santee River).                                       beaches. and me
                                                                                                                                                       e~qs~q:
                            (pursuant ~0qto~q:15 C~8qFR part ~40q"), may also                   7. South Atlantic (Santee River to SL John's           foll~qo~8q-~qt~qa~ql~ql b~qlor~qn
                                                                                      River).                                              ~q1. ~04qN~qo~qr~qt~8qh~qe~qi~qn Coniferous ~4qF~0q@~qre~qs~qt ~4qV~0qio~qn~qte~q.~q- This
                            be used as match. Land. including                       a. East Florida (St. John's River to Cape              Is an area of predominantly evergreens such
                            submerged lands already in the state's                    Canaveral).                                          as the s~qitk~qa sp~8qm~qce ~4q(P~qi~qc~qea~4q). grand fir (A~4qb~0qies).
                            possession. may be-used as match to                                                                            and white cedar ~4q(~0qT~4qhu~4qla~0qN with poor ~q-
                            establish a national estuarine research              ~q7 ~04q~ Indian                                                development of the shrub ~qi~qind herb layers.
                            reserve. The value of match for these                   ~q9. Caribbean (Cape Canaveral to Ft.                    but high annual productivity and pronounced
                            state lands will be calc~6qula~2qied by                         Jefferson and south).                                seasonal periodicity.
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                ~99~~        Federal Register / Vol. ~5~5, No. 141 / Monday, July 23~ 1990 /                                 Rules and Regulations

                Z. Moist Temperate ~q(~0qMe~so~t~qhe~r~qm~a~ql)                    he~a~d~l~i. shrubs, grasses. sedges, rushes. and             E~. In~te~,-fida~ql Mud and Sand ~qF~ql~a~!s: These
                C~~~~~~~~au~s Forest Eiome: Found along the           herbaceous and dwarf woody plants.                     areas are composed of unconsolidated. high
                west coast of North America from California         C~ar~n~-~mc~in species ~4r~iclude ar~e~tic~q/a~qlp~ine plants        organic content sediments that function as a
                to A~!~~ka. t~l~q@is area is dominated by conifers.     such as E~qmp~e~r~r~urn n~i~g~qnm and ~qBe~t~u~ql~a ~a~an~%                short-term storage area f~o~r nutrients and
                ~has a relatively small ~se~3s~an~al range. high         t~he lichens Cetraria and Clado~n~ia, and                 organic carbons. Macrophy~tes are nearly
                humidity w~it.~q1~l rainfall ran" from 30 to ~1~5~0        herbaceous plants such as Po~tcr~iti~qlla                  absent in this ecosystem. although it may be
                inches. and a we~qil~-deve~qlo~ped under~s~t~ory of          tr~ide~n~ta~ta ~qw~i~qd Rub~us chamae~rn~orus. Common              heavily colonized by ~qbenth~ic diatoms.
                vegetation with an abundance of mosses and          S~P~qMES On the coastal beach ridges of the               din~af~qla~ge~qil~lates~, filamentous blue-green and
                ~tr~er m~oist~ure~-o~qle~r~a~n~t plants.                     high arc~'~_~@c desert ~inc~qhde Dryas inte~r~,~r~4f~o~qli~i~i        green algae. and chem~o~s~y~n~thetic purple
                3. Te~~rp~e~r~ate Deciduous Forest B~qi~o~tre: This         a~nd Sa~xi~qfra~g~e opp~os~i~ti~qf~o~ql~la. This area can be          sulfur bacteria. This system may support a
                bi~~ne is characterized by ~a~qb~ur~idan~L eve~r~qJy         divided into ~t~qw~o main subdivisions:                    cons id~erable population of gastropods.
                disL~~bu~ted rainfall. moderate temperatures          1. Low Tundra~- characterized by a thick.              bivalves, and p~olychaet~es, and may serve as
                which exhibit a distinct seasonal pattern.          spongy mat of living and un~qd~ecayed                     a feeding area for a variety of fi;h ~and
                we~~l~d~~~veloped soil bio~ta and herb and ~thrub       ve~qp~!a"on~. often with water a~n~qd dotted with             wading birds. In sand. the dominant ~, fauna
                lavers. and numerous plants which produce           pord~s when not frozen; and                             include the wedge shell Donax. the ~SC31~q1~0;
                ~6qP
                u~py ~L~u~@~t~s and ~n~L~t~s. A distant sub~-4~i~-~;ision of     Z. High Tundra: a bare area except for a              Pecten. ~te~qllin shells Te~ql~ql~ina, the heart ~u~rchi
                ~                                                                                                                                                             a             I
                t~~~~~ ~b~o~m~e is ~1~,~1~.~2 pine ~edaphic forest ~8qe the     scan ~ry grow' ~th of lichens and grasses, w~i th         Echinocar~qd~ium. ~q&~.e lug worm Are~nicola, sand
                s~~~~he~~s~t~er~n C~O~J~Std~qI ~qF!~d~@n. in which only a         underlying ice wedges forming raised                   dollar Dencirast~er. and the see pansy R~e~nilla.
                ~n a ~1~I por~t~-~,-~1p~1p~ the area is occupied by      pcly~qgon~a~ql areas.                                       ~qL~i mud. faunal dominants adapted to low
                c~l~~n. ~V~p~geta~@~:~r~n~, a~i~.~q@ou~@~qh it ~qh~-~-s large areas      E~. Co~o~st~a~q! ~qC~j~'~.~2qf~2qf~s. This ecosystem is an              oxygen levels include the terebell-~i~qd
                covered by ed.~-~ph~ic climax pines.                   i~s~nportant nesting site for many sea and shore         Amphitrite. t~qhe boring c~ql~q= Playdon. the
                4. B~~md-~qleaved Evergreen Subtropical                birds. It consists ~of communities of                   deep sea scallop Pl~acopecte~n~. the quahog
                Forest Bi~o~r~ies. The main characteristic ~o~qf this     h~arbaceacu~s~, ~qgraminoid. or low woody plants            ~qN~qiercenaria. the echi~u~r~id worm Urechi~s. the
                biome is high moist~i~u~re with less pronounced        (shrubs, heath. etc.) on the top or along rocky        mud snail Nas~sar~ius, and the sea cucumber
                di~~f~r~nces between winter and summer.              faces exposed to salt spray. There is a                Thy~ane.
                Examples are the hammocks of Florida and            diversity of plant species including mosses,             F. I~n~te~r~qVd~a~ql Algal Beefs.- These are hard
                the live oak forests of .he Gulf and South          lic~qh~e~r3~. l~qiverwort~s. ~and~"~qI~l~ql~q;~qh~q"~" plant                 substrates along the marine edge thart are
                At' lan~ic C~Oa~3~13~. Floral dominants include         representatives.                                       dominated by macroscopic algae, usually
                pines. magnolias, bays, hollies~. ~Y~41d               Croup ~qU~q-T.~-aas~i~t~qio~n Areas                              thalloid. but also f~i~l~A~qm~e~nt~o~t~i~A or unicellular in
                tamarind. strangler fig. ~qSumb~e limbo, and                                                                  growth form This a~qh~o Includes the rocky
                palms.                                               A. Co~ostal~qAl~ar~s~qhe~s. 'Mesa are w~etla~nd                 coast ~tid~ep~oo~ql~s that fall~, w~itl~i~li~s the ~qIn~ter~ti~qd~2qd
                B. Coast ~qS~qh~nub~qland~qs. This is a transitional         areas dominated by grasses Poacea)~. sedges             zone. Dominant ~qI~auns of these areas a~r~e ~-
                area between the coastal grasslands and             (Cyperac~eae). rushes ~qUuncac~ea~4q4 cattails                b~amacl~es. mussel& pe~qdw~qin~qkl~es. ~a~n~a~qm~'~0~01~1~1~1~1
                woodlands and~;~s characterized by woody              ~q(Typha~c~eae~ql, and other ~qgr~amin~oid species               and chi~tons. Three regions are apparent'.'
                species with mu~ql~i~tiple stems a few centimeters      and is subject to periodic flood~4qW~qS by either             I ~0qNo~t~t~qhe~r~n Latitude Rocky Shores. It ~qi~s It~.
                to several meters above the ground                  salt ~o~r freshwater. This eC~O~5~qy3tem may be              this region that the community structure is
                developing under the influence of salt spray        subdivided ~ql~int~o~: (a) Ticlal~. which ~qi~s                 best developed~. The dominant ~a~0qW species
                and occasional sand burial. This includes           periodically flooded by either salt at brackish        include Chondrus at the k~x~v tide ~qk~qwe~ql. ~qP~q=s
                ~~Lcket~. s~c~xub~. scrub savanna. heathland~s,         water-, (b) non-tidal (freshwater); or (c) tidal       and ~4qA~s~c~o~p~qh~qyll~um at ~qdw ~qm~qi~8q"da~qll level. and
                a~d coastal chaparral. There is a great -           freshwater. These are es~s~en~t~Ual habitats for           ~qLami~na~s~qia and other ~qk~a~ql~ql~8qf~8qf~8qik~e ~&~2q*~a ~4q*~q9
                variety of ~sh~rubland ve~qg~eta~l~u~o~a exhibi~t~qir~qg          many Important estuarine species of fish and           beyond the i~nterti~qd~al~. al~qdx~w~6q& they can be
                ~i                                                   invertebrates as well as shorebirds and                ~qt~0qw~ee~qd at ex~4~-emel~qy low tides or found in
                regional specificity.    ~t~a~qd~z~e~qd by                  waterfowl and serves           ~1~   ~r~8qde~s in            very deep ~t~qidepoo~ql~s.
                1. Northern Areas. Charac:
                Hud3~on~qia~. various er~qi~qmace~cu~s species, ~a~n~qd           shore stab~qdizat~qi~qm flood ~c~o~ntr~o~qL inter                    2~. South     ~qL~o~t~L~vd~qa~s~@ Ile ~c~,    ~2p~1p~1p~1p~p~p~p~ in
                thickets of My~r~ica~, Pr~a~n~us,~qe~i~r~qd Ron.                puri~qf~i~ca~b~o~i~:6~.a~nd~-~nutr~i~e~nt transport and               this re~qg~qion~d~8qf~re red~qw~qAd ~qi~qi~0qO~a~qm~4qm~qd~s~0qm In--,
                ~. Southeast ~qA~f~e~a~qi: Floral dom~qi~r~an~qi~s include        storage.                                               those of. the northern latitudes and possesses
                Myrica. ~qBacchari~s, and ~qHe~it.                         B. C~qoas~k~il Swamps. T~qh~e~qi~a are w~a~qt lowland              algae ~c~o~qn~s~qf~qf~ql~n~qg m~q6s~0q*~-~v~qf ~s~qh~0qile~4~c~elled o~r
                3. Western Areas. Ade~n~t~q-~nm~e
                                                                    areas that support mosses and shrubs                   f~qila~amento~us green. ~qb~qh~r~qt~r~-~2q@e~n. ~:~1~1~.~q3 red~~ql~qg~ae.
                A~~otyphy~ql~o~a~.a~ndE~uca~qlyp~t~u~s are t~qL~e                  together with )ergo trees ~ir~t~i~c~qh a; ~C~,~,~qY~qP~,~qm~~s~s at      and s~qi~n~all ~tha~qno~qi~qA ~qb~n~qi~qw~a~qi~l~ql~qs~8q"~.
                                                                                                                                                ~qk~qj~8qW~4q4~4qk~a~ql L~a~Li~t~u~qd~e~qw ~q1~8qU
                dominant ~qAaral ~0qVec~ies.~.                             ~q9~U~n~L                          -~qb~@~'~q! ~0~9 ~q1                 L ~qT~qy~p~qp~qic~al and ~qS
                                                                ~J~,   ~4qQ Coastal ~qA~ql~qar~i~qs~qmv~e~& This ~qn~qwy~g~qW~qm                      ~qIntert~idal in this ~r~0qq~8q*~qm ~qi~L~Y~qM~q7~1r~qi~qd~0~c~ed ~a~nd
                C. C~o~a~s~A~qd ~4qQ~u~as~qk~ind~w This Ana. Which                 experiences regular flooding on either a daily,        contains numerous calcareous also ~t~o~c~qh as
                possesses ~mu~id dunes and coastal ~qn~a~l~s. 111~81~6       monthly, or seasonal basis. has low wave               Por~o~qlit~qh~a~n and Li~th~o~qdu~qma~qk~i~qo~as well as :.-
                lowr~inta ~q1~1~0t~o~3~o~i~n~c~qI~qmp~4qoy~e~a~r~qia~ed                    action~. and Is dominated by a variety of salt-         green algae with calcareous particles such a
                large amounts ~o~qf ~qk~un~iu~s in the ~soi~qL                 tolerant trees. such as the ~r~ed ~n~u~m~qar~o~v~qe               Halim~ed~e, and ~numar~ai~is ~qbt~qh~ar ~qgr~i~e~qs~i~ql~. red.
                ~~~~~:~~s~qi~c~qm is slow. resulting in the Presence       ~q(Rhiz~aphor~e mangle~q). black m~a~i~n~qg~r~o~v~e                   and brown al~qSa~a~.
                of a timber of ~v~ar~qial stages ~a~q( community
                                                                I   (A~v~qi~c~e~r~qm~qia nitida~q:~qj~. ~ond the white ~A-~qW~O~V~S                                           ~@~1~: ~. ~3~r
                d~v~~l~pme~n~t. Dominant ~ve~qg~qe~st~qi~n~qg includes -                                                                 Group M~q-Sub~qm~er~qge~qd Bottoms,
                m~id-gra3ses ~q12 to 4 feet ta~0qf~0qt ~v~Ac~qh a                ~q(La~qguncularia rac~emo~na). It Is also an
                                                                    Important habitat for large populations of               A. su~qb~qad~qa~ql ~2qHardb~ott~o~qm~qw ~qT~6qk~s system Is
                ~r~~m~ph~qil~a. A~gropyron~. and C~alamov~i~qlf~qe. tall        Bob. invertebrates. and birds. This type of            characterized by a consolidated layer of solid
                grasses ~q(5 to a feet tall), s~a~6q& as Sp~art~qina. mid.   ecosystem can be found from central Florida            rock or large places of rock ~q(~D~4qA~t~qI~b~e~f Of biotic
                trees such as the willow (S~e~ql~qix ~sp~.~q@ Cho"           to extra= south Texas to the ~i~s~h~-~a~r~ts of t~qh~e           Origin) and is found in a~s~s~o~4qda~t~i~on with
                ~qJ Prunus sp.~6q1 and cottonwood ~6q0~4q%~8qq~0qmI~qu~qa                Western Pacific.                                    ~q.  ~4qge~qomorpho~8ql~qogfc~qal f~qe~qalu~qr~2qi~qs ~qa~qn~12qd as ~qs~qu~2qb~6qm~q&~qf~4qk~6qw
                delt~o~ides~6q@ This area Is divided Into four                                            ~qe~qca~qs~0qy~qst~qe~6qm bag         canyons and ~2qf~2qlo~qr~2qds and Is
                                                                    ~. D. I~qn~qt~qe~qr~qf~0qidal Beaches. This                                                       i~q&~qs~qu~qa~2ql~2ql~4qy covered
                regions with the following         strand.          a distinct biota of microscopic animals,               w~0qith~qess blag~qes ~4q9~6qfsp~qon~qges~q.-sea farts.
                                                                                                                                    ~qe~2qm
                vegetation~q:                                         bacteria. and unicellular algae along with             bivalves, hard ~qe~6qmals, t~qu~qn~0qi~qc~qat~qe~qs. ~qa~qn~6qd other
                1. A~r~c~d~qc~2q/~4qB~qore~qal: Elymus;                            microscopic ~qcru~qst~qa~qc~qe~qar~qis, mollusks~q, and                attached organisms. A ~0qd~4q8~qo~4ql~2q3ca~qnt feature of
                2~. Northeast/West: A~2qmm~qop~8qh~16qU~q-                         worms with a d~qetritus-ba~qsed nutrient cycle.            estuaries In many pads ~qQ~8qf~q4~8qh~qe Worm l~qe the ~q:`~qj~q@
                3. S~outhe~qas~qt/Cu~0qlf. Un~qfola~q. and                      This area also ~0qIn-~q1-~qA the d~qri~08qf~08qf~08qi~0ql~qi~qt~qte                  oyster red a type of
                4. ~0qWd-A~qll~qantic/Cul~8qf Spart~0qi~qna patens.                communities found at high tide levels on the           Composed of as~qse~qt~qu~2qbl~qa~0qge~qs of organisms
                ~qD. ~0qQ~q%a~qsfa~4ql ~0qT~qaa~4qd~qr~qt~qr This ~qeco~qsy~qs                  which beach. The dominant organisms In ~08q"                   (usually bivalves). it ~q1~qs~q,~qu~8qa~qw~08qW~qy found              an
                Is found along the Arctic and ~8qD~qo~qr~qeal coasts of      ecosystem Include crustaceans such as the              estuary's mouth in a zone of moderate w~qa~qy~q*
                North America. is ~08qdwac~qt~qe~qr~qi~qz~qe~2qd by low                mole crab ~4q(Em~qerita). a~0qm~0qphip~qods '_                      actio~4qm salt co~qnt~qe~04q" ~4qa~qnd turbidity. if light
                temperatures. a short Stowing s~qe~qas~qo~0qm and            ~6q(G~qammarida~qe), ghost crabs ~0q(~04qOcyp~qa~4qile). and              levels an sufficient. a covering of . - ~q- ~q-
                some permafrost~q. producing a low. tr~qe~qs~qt~8ql~qess         bivalve m~qall~qu~qsc~qA ouch as t~2qh~qe coquin~qe ~8q(~12qD~qo~qn~qex)           microscopic and attached ma~qc~qr~qo~qs~qc~qo~4qp~4q!~qc~q.~qa~2ql~8qsae~q.
                mat community made up of~6qm~qo~qs~qa~8qm lichens.              and ~qa~qL~12qd clams (Sp~qisul~qs and Mactra~8ql                     such as kelp, ~0qmay aim be f~qo~2q=~04q&
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                                               Federal Register / Vol. ~@~5~ No. 141 / Monday, July 23~ 1990                                    Rules and Regulations                             29961

                                B. Subti~qd~al S~q~qf~@~lbc~lt~o~rrs: Major                      sea and without significant freshwater                  bar~ner islands, broken at intervals by inlets.
                              c~qharacteris tics of this ecosystem a~re an               inflow. Water circulation is limited. resulting         These bars may be either deposited offshore
                              unconsolidated layer of fin~'e particles of silt.        ~L~n a poorly flushed, relatively stagnant body           or may be coastal dunes that have become
                              sand. clay, and gravel, high hydrogen su~qif~ide           cf water. Sedimentation is rapid with a great           isolated by recent sea level rises.
                              levels, and anaerobic co~nd~itior~s often                  potential for basin shoaling. Shores are often              4. Tectonic Estuary~: These are coastal
                              e~x~;s~1in~g below the surface. Ma~c~rophytes are             gently sloping and marshy.                              indentures that have formed th~@cu~gh tectonic
                              either sparse or absent. al~tho~,~.gh a layer of            7. Pe~rc~.~@~ed Cocst~al W~e~t~!~c:~:~qds: Unique to               p-~qmcesse~s such as s~ql~ippa3e along a fault line
                              I                                                                                                                                                     veme~nt of
                              ~le~n~t~q@~:c mic~roal~gae may be present if light              Paci~qn~,~-~- islands, this w~e~l~qla~nd type, found              (San Francisco Bay): fo~4qL~l~'~n~g. or ~m~o'
                              levels a. a s~u~qH~@cient. T he faunal community is         a-o~ve sea level in volcanic crater rer~r_na~n~t~3~.
                                                                                                                                                  earth's bedrock. often with a large inflow
                              ~qd~o~m~i~na~- ~'~ed by a diverse population of deposit          ~qf~o~q=s as a result of poor drainage                       of freshwater.
                              I       i   ~ud~i~n~g pclychaetes, bivalves, and            characteristics of ~t~qhe crater rather than from              ~5~. Volcanic Estuary~: These coastal bcd;e~s
                              ~,~@~e~d~e~rs ~n~cl    ~,
                              ~qb~u~.~-owing ~C~T~I~U~@~'~acearis-                                sedimentation. Floral assemblages exhibit               of open water, a result of volcanic proc~es'~s~e~s.
                                C~. S~ub~,~"'~qd~a~ql P~.~c~:~?~Is: This system ~is found ~U~i         distinct zonation w~qh~:~,e the faunal                      we depressions ~a~r craters that ~qh~qa~,;e direct
                                                                ha~n 8 to 10           c~c~nst~i~lue~nts may ~L~r~ic~l~-~de freshwater~,                  and/or subsurface connections ~qwt~qh the
                              ~t~e~qlatively shallow water (less ~U
                              ~r~ne~ters~q) below mean low tide. It is an area of          b~ra~2qlsh~. and/or marine species. Example:                 ocean and may or may not have ~s~8q@face
                              extremely high pr~i~n~n~a~ry prod~Lct~;on that                 A~L~:~nu~'u Island, American Sa~q@~_~oa.                        continuity with streams. These formations
                              p~zo~vides food and refuge for a d~*~iv~.rs~ity of             8. Anc~h~a~qf~qlne S~y-s~q;~e~,~7~!s: T~q@ese small coastal          are unique to island areas of vo~q!ca~ri~;c origin.
                              f~a~-~unal groups, especially juvenile and adult           e~x~Dosur~es of brackish water form in lava                    C. Inlet Type. Ir~qle~ts in various forms are' a~n
                              fish. a~nd in some regions, manatees and sea             de~'pressi~ons or elevated fossi.1 reefs. have            ~L~r~i~t~egral part of the estuarine environment~. as
                              t~u~q@les. Along the North Atlantic and Pacific            only a subsurface connection to ~t~qhe ocean.              they regulate. to a certain extent ~t~he velocity
                              coasts, the seagrass Zostera mar~L~na                     but show tidal fluctuations. Diff~er~L~r~i~g from            and magnitude of tidal exchange, the degree
                              predominates. In the South Atlantic and C~u~qlf            true estuaries in having no surface continuity
                              c~qtas~t areas. Thalassia and Diplanthera                  with streams or ocean. th~.3 system is                   of mixing, and volume of discharge to t~qhe sea.
                              predominate. The grasses in both areas                  characterized by a distinct biotic community            There are four major t~,~,~Tes of inlets:
                              support a number of epiphytic organisms.                dominated by benth~qic algae such as                          1. Un~r~e~st~ri~ct~e& An estuary with a wide
                              Class ~q1~q1~q-Physical Characteristics                       Rhizoclon~qium. the mineral encrusting                    unre~.stricted Inlet typically has slow currents,
                                                                                      ~qSchizothrix. and the vascular plant Ruppia              no significant turbulence. a~nd receive the full
                              Group ~qI-Ceolo~qgic                                        ma~x~itima. Characteristic fauna, which exhibit           effect of ocean waves and local disturbances
                                A. Basin Type: 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 Theodoxus neglectus and T~.                     estuaries are partially mixed, as the open
                              appearances. The eight basic types discussed                                                                us  mouth permits the incursion of marine waters
                                                                                      cariosus, the small red shrimp Metabetae                to considerable distances upstream.
                              below will cover most of the cases:                     lohe~na and Halocaridi~na rubra. and the fish
                                1. Exposed Coast. Solid rock formations or            Eleotris sandwice~n3~qis and ~qKuh~qlia                        depending on the tidal amplitude and stream
                              heavy sand deposits characterize exposed                ~sandvicensus. Although found throughout the             gradient~.
                              ocean shore front% which am subject to the              world. the high islands of the Pacific are the              ~2. Restricted Restrictions of estuaries can
                              full force of ocean storms. The sand beaches            only areas within the U.S. where this system            exist in many forms: bars. barrier Island&
                              are very resilient~. although the dunes lying            can be found.                                           spits. sills, and more. Restricted Wets result
                              just behind the beaches are fragile and easily            B. Basin S~t~qm~cture. Estuary Basins may                 in decreased circulation. more pronounced
                              damaged. The dunes serve as a sand storage              result from the drowning of a river valley              longitudinal and vertical salinity gradients,
                              area. making them chief stabilizers of the              (coastal plains estuary), The drowning of a             and more rapid sedimentation. However. if
                              ocean shorefront.                                                                                               the estuary mouth is restricted by
                                2~. Sheltered Coast- Sand or coral ba~rnem              glacial valley (~qQord). the occurrence of an                                         and closures, the
                                                                                      offshore barrier (bar-bounded estuary). some            depositional features or I
                              built u~qg by natural forces.-pr~ovid~e sheltered           tectonic process (tectonic e~stuar~qy~q).~2p~p~               incoming tide may be held back until it
                              areas inside a bar or reef where the                    volcanic activity (volcanic estuary).                   suddenly breaks forth into the basin as a
                              ecosystem takes on' many r~h~aracter~qi~qi~4q&3 Of                 ~1. Coastal plains ~e~stuar~0qr. Where a..                  tidal wave, ~qO~r bore. Such c~qu~@~Tents exert
                              confined water~s~q-abundant -A              grasses~.       drowned val~qley~q@on~s~lsts mainly of a single               p~r~o~qf~q6und effects ~o~i~l ~qthe nature of the
                              shellfish. and juvenile fish. Wat~qir movement                                                                    substrate. ~qt~qur~qb~idit~qj~r~, ~a~nd b~iota of t~qhe'estua~r~@y.
                              is reduced. with th~qe ~i~qto~n~sequent effects of             channel. the form of the basin is fairly ~, ~@ ~~,~,~,                                                         a
                                                                                      regular, fo~rmi~n~qj ~qi simple ~c~q6~qi~st~a~ql plains                    ~.3. Permanent~;~, Permanent inlets are u~3u ~qHy
                              pollution being m~q6~i~qt~s~qi~qi~vere ~qI~n this area than                                                                       ~qPo~qilte the m~4q&~qh~6q"f major rivers and
                              in exposed coastal areas.                   ~4q%~q-~7~,~7       estua~8qg. When a charin~al is f~8q6~od~qi~qd with                  ~O~qP         ~'-
                                                                                                                                              pe~qi~qi ~J        Water to flow into the sea.,
                                  Bar. Bays are larger confined bodies of             numerous trib~uta~r~f ~qm an Irregular estuary                   ~tut river
                              water that are open to the s~qe~a and receive              resu~qlt3. Many ~qa~s~h~qi~ar~qi~es of the ~e~qi~stein~'U~ni~t~e~qd           Se~2q&~2qA~qfatl~8qa ~qi~2qad~qi~q@~o~s~qit~ql~b~n ~i~s~r~e i~ni~n~ql~i~nal.
                                                                                                                                                  ~,~L                             T~qe~qm~qpo~r~s~ir~qy
                              strong tidal flow. When stratification is..             States are of this typ~qa                                 Inlets ~qk~ir~e formed by storms and frequently
                              pronounced, the flushing action is augmented              ~2- ~0qF~q@~8q@ ~qE~s~qwari~e~s that ~qf~qcr~qi~q@~m in ~elo ~ag~ate~qd~q@
                              by river discharge. Bays vary in size and           ~qI~n  Steep headlands that ~a~l~f-~pa t~e with deep ~qU          ~.~.  ~qd~qd~2qa~qp~o~s~qit~qion~. de~qpe~nd~qi~4q4'~qo~n~, tidal flow, the
                              type of ~shorefron~t.                                 ~ ~. shaped valleys r~esu~ql~qdn~g from           ~* I              ~qd~e~p~8q& if the sea and sound w~a~tem the
                                4. E~rnbay~qmen~t A confined coastal water                are called ~qnord~s. They ge~n~er~al~ql~qyp~os~s~e~s~s                 fr~eq~u~i~e~nc~0qT of sto~n~qn~s~. and the amount of
                                                                                                                                              ~ql~qi~t~t~or~2qd tram,
                              body with narrow.~'~r~qi~strict~i~qid Inlets and with           rocky flown of very thin veneers of sediment
                              a significant fresh ~' ter inflow ~c~a~'~n be                with deposition generally being r~e~q@s~t:r~ql~cte~t~ql to            ~qD~. Bottom ~8qC~o~qj~r~0q@it~l~o~qx The bottom
                                                  wa                                                                                              ~qmp~osi~t~ion of estuaries attests to the
                              classified as an embayme~nt. ~qI~8ql~e~se areas                 the head where the main river enters.                   cc
                              have more restri  ~ted Inlets than bays. are           Compared to total fjord volume. river                   ~vigorou3~, rapid. and complex sedimentation
                              usually smaller and ~sh~8q0~ow~er. have law' tidal            discharge Is sma~ql~qL But many fjord$ have                 processes characteristic of most coastal
                              action. and are subj~e~6qd to~'~qiedim~entatio~n.                restricted tidal ranges at their mouths. due to         regions with low relief. Sediments are
                                5. Tidal ~0qRive~qj~q- Ile lower reach of a coastal          sills, or upreac~8qhin~0qg sections of the bottom             derived through the hydrologic processes of
                              river is referred to as ~8qa tidal river. Ile              which limit free movement of water. often               e~6qms~0qi~qon. transport. and deposition carried on
                              coastal water segment extends from the sea              making river flow large with respect to the             by the sea and the strea~qu~qL
                              or estuary into which the river discharges to           tidal prism. The deepest portions are In the                ~qL Sand. Near estuary mouths. where the
                              a point as far upstream as there is significant         upstream reaches. where maximum dep~08qf~08qt                   predominating forces of the sea build spits o~4qi
                              salt content in the water, forming a salt front.        can range from ~q800 ~6qm to ~q1~q2~6qW ~qm. while sill               other depositional ~08qW~qt~8qw~qv~q% the shores and
                              A combination of tidal action and freshwater            depths usually range from 40 ~qrn to 1~q50 m.               substrates of the estu~qi~qu~qY am sandy. The
                              outflow makes tidal rivers well-flu~qshed. The               3. Bar-bounded Estuary. These result from            bottom sediments In this area are U~8q=~q8~0q11~q7
                              tidal river basin may be a simple channel or a          the development of an offshore barrier. such            coarse. with a graduation toward finer
                              complex of tributaries, small associated                as a beach strand. a line of barrier Island&            particles in the head of the estuary. In the
                              embayment~qs marsh~0qfronts, tidal flats, and a              reef formations. a line of moraine debris. or.-         head region and other zones of reduced now.
                              variety of others.                                      the subsiding remnants of a deltaic lobe. The           fine silty sands are deposited. Sand
                                ~q6. Lagoon.~q- Lagoons are confined coastal              basin is often partially exposed at low tide            deposition occurs only in wider or deeper
                              bodies of water with restricted inlets to the           and is enclosed by a chain of offshore bars or          regions where velocity is reduced.
 

~0




              ~9~M               Federal Register / Vol. 55, No. 141 / Monday, July 23.                                       1~9~9~0 /Rules and Regulations

                ~- Mu& At the base level of a stream near               freshwater i~nf~ql~t~r~c and a lack of strong tidal            respect to the soil, ~i~s~sub~qje~ct to considerable
              its mouth. the bottom is typically composed               exchange because of the typically narrow                 fluctuation.
              of loose muds. silt and organic detritu~s as a             inlet connecting the lagoon to the sea.                    b~. Groundwater This is water contained t~n
              result of erosion and transport from the upper            C~qircula~qdo~t~i. whose major driving force is                the rocks below the water table, is usually of
              stream reaches and organic decompo~s~itior~L                 wind. is the major limiting factor in biological         more u~n~qf~qform~'volume than v~adose water. and
              1~=~ ~~qw~0qWe the estuary e~n~u~m~n~c~e~, the bottom                  productivity within lagoons.                             generally follows the ~topo~qgraph~;c relief of the
              contains considerable quantities of sand and                B. Tides: This in the most important                   land. being high below hills ~and~'~alopi~n~qg into
              ~m~d. which support a rich fauna. Mud flats,               ecological factor in ~an estuary. as it affects           valleys.
              commonly built up in estuarine basins. are                water exchange and its vertical range
              composed of loose, coarse. and fine mud ~a~nd               determines the extent of tidal flats which               Group ~q1~4q5~q-Cbe~r~aical
              sand. often dividing the original chann~e-                 may be exposed and submerged with each                     A. S~o~qhn~it~0qr~. This reflects a complex mixture
                3. ~Ro~c~qI~L~- Rocks usually occur in areas                  tidal cycle. Tidal action against the volume of          of salts, the most abundant being sodium
              where the stream runs rapidly over a steep                river water discharged into an estuary results           chloride. and is a very critical factor in the
              gradient with its coarse materials being                  in a complex system whose properties vary                dis~t~i~qg~qm~qW~in and maintenance of many
              derived from the higher elevations where the              according to estuary structure as well as the            estuarine ~ar~qga~ni~s~qm~s. Based on salinity, there
              stream slope is greater. The larger fragments             magnitude of river flow and tidal range. Tides           are two basic estua~e~ne types and eight
              are usually found in shallow areas near the               are usually described in terms of their cycle            different salinity zones (expressed in parts
              stream mouth.                                             and their relative heights. In the United                per thousand-p~l~i~t).
                4. Oyster s~qhe~8qA Throughout a major portion               States. tide height is reckoned on the basis of            ~1. ~qP~o~s~t~qi~tiv~e estuary- This is an estuary in
              of the world. the oyster reef is one of the               average low tide. which is referred to as .              which the freshwater influx is sufficient to
              most significant features of estuaries. usually           datum. The tides. although complex. falls into           maintain mixing resulting in a pattern of
              being found near the mouth of the estuary ~L~-~i             three main categories:                                   increasing salinity toward t~qh~e estuary man&
              a zone ~of moderate wave action. salt content.               1. Diu~qma~ql. T~qh~qis refers to a dally change in
              ~~d turbidity. It Is often a major factor in                                                                       It is characterized by low oxygen
                                                          and           water level that can be observed along the               concentration in ~1h~e deeper waters and
              modifying estuarine current systems                       shoreline. There is one high ~qd~qde and one low
              sedimentation, and may occur as an                        tide per day.                                            considerable organic ~co~n~t~a~t~i~l In bottom
              elongated island or peninsula oriented across               ~9 ~qS~qm~qi~2qdur~n~a~qk This refers to a twice daily               sediments.
                                                                          ~-                                                        ~0qL Negative estuary.- This Is found In
              the main c~qmT~en~qt or may develop parallel to                rise and ~6q&~qB in water that can be observed
              the direction of the ~c~qw~qmnL                                along the shoreline~.                                     p~s~ur~tic~i~s~qt~qu~qly a~nd ~r~e~qg~ql~i~on~s. where estuary
              Group ~q1~q1-H~qydrographic                                       3. W~qi~n~qd~qIs~to~rm ~qT~4qk~qW~x This refers to                      evaporation may exceed freshwater ~0qWfl~ow~,
                                                                        fluctuations in wa~qw e~ql~e~vat~qi~c~a to wind arid               ~resu~qi~t~qt~r~i~qg in ~qk~icre~a~se~qd salinity in the ~vpp~e~r
                A. Circulation~: Circulation patterns we the             storm events, when ~2qM~e~e~nc~e of l~ur~i tides                  p~4q%tof~qi~qt~qh ~qb~6q=~*~6q=~0qf
                                                                                                                                 ~qm       ~S~2qL
              result of the combined influences of
              freshwater flow, tidal action. wind and                   is less.
              oceanic forum a~Dd serve me y functions.                     ~8qQ ~qF~qi~v~i~shwa~t~e~r According to newly a~qf~ql the               ~8qWh~qib'I~6q" ~qTbe~qf~qt are ~4q"~qf~o~d~qR~qy ~T~4qwY ~I~0qf~0qt
              ~u~~~i~~n~t transport. p~qh~inkton disper~sa~qL                    definitions advanced. It Is inherent that an             (byp~er~qha~ql~qh~i~e~q)~. -~a~qd~-~. ~tely oxygenated it
              ecosystem flushing, salinity ~contro~qL water                estuaries need ~qf~qmhw~at~e~r. ~8qw~qi~t~qich to drained               depth. and possess bottom s~ed~ql~i~z~e~n~ts~qihat an
              ~m~ix~i~~0q& and more.                                          from the land and measurably ~qd~qf~qlu~t~es                     poor In o~rp~n~qi~c content
                1. S~tr~a~qdfied~- This is typical of estuaries              seawater ~1~9 ante ~a ~qb~ir~a~ckl~a~qh ~co~n~qd~qi~l~t~qh~qm                     3. S~al~2qk~qi~t~qy zones ~qta~rpr~es~s~ed in Ap~q4~qt
              with a strong freshwater influx and is                    Freshwater ~qi~ent~er~s an estuary as runoff from               a. H~qyp~erhall~u~e-~qg~ir~s~at~er than 40 ~qPp~L
              ~~m~mon~qly found in bays formed from                         the bad either from a surface andtin                       b. Euhallne 4 ppt to 30 p~ql~q;~;~qL ~              -
                                                                                                 ~@ 'I., ~.~"~. ~. ~.~ ~j ~i~-~.             ~c~.~q1~4q&~x~a~qb~a~ql~qln~e: 30 ppt to ~0qU ~qpp~L ...
              drowned" river v~all~1eys. ~qnords. and other                 ~subs~u~i~rf~qac~e ~so~qm~-~c~e.        I    -- ~                              ~
              deep basin- Then ~qi~s a ~net ~2qmov~ern~s~kr~it of                      ~qSw~6q*~qm w~c~t~qa~- ~q1~2q% is water                                 ~q(~1~q) ~8qm~qix0~qi~,~0qw1fil~2qb~l~e~-~4qv~ea~tar ~1haz~0q0~qa pp~i but
                                                                                                                             ~v~v~q=
              freshwater outward at the top layer and                   thew        ~qJ~qj~'~6q*~q@~qf~qm~qm of ~st~r~e~a~qm~L~qI~A~:~qi~qd~i~2qd~'~@~'--              less t~qhan the adjacent ~SuhaUn~a ~a~qm
              saltwater at the bottom ~qI~s~qM ir~e~ai~a~6q@~qln a                   variation In ~qY~qi~n~aff to ~qd~qp~e~ndent~v~'~q-~po~n~*~4q*~q-~'~.                (2~q)~qPo~qly~qh~a~ql~in~e~-~40 Apt to ~18~q"~L
                                                                        nature o~qf~q4h~r~q4~a~qd
              net outward transport of surface ~o~tg~an~qis~qm~s~.                                   AM~,
              and net inward transport of bottom                        de~qg~r~i~eo~qf~qi~qi~qi~8qf~8qf~q"~a~-~qm~-~~I~qi~qi~o~8q*~"~q*~0qn~e~ql~qt~qi~t~qk~r~t~2qW~4q"~ ~a~n~qd                 ~q(4) OU~qS~o~ql~ql~i~a~ql~qtn~0q" ppt to ~O~qJ ~qpp~L
              ~~~@~n~i~a~qm~L                                                                             ~qd                        and ~- d. ~q1.11~i~qm~n~e~4qf~4qt ~q1~4~qm then O~qJ P~qPL ~-~t
                                                                        d~ev~elo~qp~2qk~qi~6qm~qt~, ~qlo~qd~2qd ~c~r~una c
                                                                                      ~q-~q-~.~.~j                                        JL~qpH ~qP~A~qS~qti~n~i~qi ~q7h~qi~s Is i~nd~qi~ca
                2~ ~qS~on-~s~tr~a~b~2qT~l~ed~- ~qE~s~qhi~qi~qi~qi~qes of this ~q*rpe an                                              ~6q4~2q0~qa~ql~0qg~qi~i,                                                   tiv~e Of the
              found when water movement Is sluggish and                   L~.~7~%~"~.~w~4~qA~2q*c~qe ~-~v~qi~tit~e~v~. ~q7~%     ~qir~ef~a~qks to th~qe~'~-~:-       mineral richness of ~es~t~q-~w~"~A               and &a
                                                                   ~4            A ~;                                                                ~qt~qi ~.
              flushing rate Is low, altho~q6~qgh there may. be             ~4~.              ~t~6qw~qh~qi~qi~r~qb~e~e~n                                into ~qd~ir~qe~e ~qi~q0~0qk ~qw~qo~u~qd~qi~s~qi
              sufficient circulation- to ~qpr~ovide~'~th~e~ql~ia~s~qi~s for          sag and stared b~elov~qi                                      ~i. Acid~: Wa~t~qs~qm with a
                                                                        dIstrib~uti                                                                            PH Of ~q1~0q7
              a h~~S~h carrying capacity. This In common to                         on~of s~ub~e~a~6qdac~qi-w~a~t~qo depends on                   2~. C~ql~i~u~m                   ~I~qd~i~t~qi~o~n ~qb~0qr~l~8qz~qm
              shallow emb~sym~e~nts and bays lacking a                     1~0~q=~q1 ~2qa~ql~qm~a~t~e~. ~u~u~v~%~#~&~X~@    ~.~qI~6qf~6qt and the ~qp~o~r~o~a~4qf~4qt            ra~y~l~qg~a~i~s from 5.5~-to 7.4.
              good supply of freshwater from I~s                         and p~or~qm~e~ab~qI~ql~ql~qi~ty of the underlying so& and                & ~qA~8q&~a~ql~ql~n~e~.~- Waters -with a pH ~qgi~r~e~a~qw_~qt~qb~a~n
              drainage.                                                 roc~qk~e. ~qT~qb~*~qn an two main subtypes of                      ~7A~L
                3. La~goonal. An estuary of this ~4q" I~qs                    surface water                                                                           ~2~0~- ~.~8qf~8qt ~0q6~0q0 am
                                                                                                                                 ~2qP~2qR Dor- 90-~1~0q0~11 ~4qked 7~-
              characterized by low rates of~.wa~t~er                       ~J~!~S~q@~2qT~a~qd~q&~s~e w~qa~i~qi~qi~-~qIl~k~ql~qi is ~qw~a~t~er~-~qin ~qi~qh~e ion
              mo~en~ielltTe~su~qf~qt~qi~n~qS~qfro~0qm~q@~e lack ~of~a~ql~qm~qil~ql~can~qt -~&~qb~o~v~qi~qi~qb~@~qww~qt~e~r~t~a~qb1~s~2qf~2qt~T~o~qk~qMw~qt~6q&
 








                                        APPENDIX E







                       DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE

                             FISH AND WILDLIFE MANAGEMENT PLAN



                 The following appendix is presented as a proposed
             conservation and management philosophy for the protection,
             enhancement, restoration and utilization of fish and wildlife
             resources and their habitats on DNERR lands or in association
             with the DNERR program. The report views the conservation and
             stewardship of these living resources in a historical perspective
             of what we used to have and what we have done to it, providing
             the foundation for a management strategy to guide what we now
             need to do. As such, this contribution is not intended to be a
             step-by-step manual of conservation and management practices, but
             rather to present a framework upon which detailed action plans
             can be built.

                 The report was prepared under contract to the DNERR by
             Anthony Florio, wildlife consultant. Mr. Florio is well known
             throughout Delaware and the Middle Atlantic region as a
             professional wildlife manager, naturalist, outdoor artist and
             photographer. After receiving a degree in wildlife management
             from the University of Connecticut, Tony spent a 37-year career
             as a wildlife biologist for the State of Delaware, where he was
             the Wildlife Section Manager in the Division of Fish and Wildlife
             from 1974 until his retirement from state services in 1985.




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                                           DNERR


                             FISH AND WILDLIFE MANAGEMENT PLAN


                                                                     Page
            THE PAST                                                   1

                  DISCOVERY AND COLONIZATION                           1
                  FISH AND WILDLIFE                                    3
                  THE LAND                                             5
                  THE INDIANS                                          6

            THE DEVELOPING YEARS                                       9

                  IMMIGRATION AND POPULATION                           9
                  AGRICULTURE AND INDUSTRY                            10
                  THE ENVIRONMENT                                     11


            THE ESTUARY                                               12


                  DEFINITION AND MANAGEMENT                           12
                  THE TIDEMARSH                                       13
                  CHRONOLOGY                                          15


            DNERR WILDLIFE MANAGEMENT PLAN                            16


                  INTRODUCTION                                        16
                  HUNTING, FISHING AND TRAPPING                       17
                  NON-CONSUMPTIVE USES                                19
                  PROJECTS                                            20
                       A.  MONITORING                                 22

                           The Sinking Coastline                      22
                           Phragmites Intrusion                       23
                           Snow Goose Depredations                    23
                           Little Creek Impoundments                  24

                       B.  RESTORATION AND MANAGEMENT                 25


                           Cedar Swamp                                25
                           North Mahon Marsh                          27
                           Tidemarsh Sheet Water                      28
                           The Bigstone-Mispillion Marsh              30

                       C.  APPLIED RESEARCH                           31

                           Development of Continuing Regulations      31
                           Open Marsh Water Management                32
                           Phragmites Control                         33
                           continuing Development of Water
                              Management Techniques                   33
                           Snow Goose Management                      34













                 D. INFORMATION AND EDUCATION                35


                 E. CONCLUSION                               36











                       DNERR MANAGEXENT PLAN FOR FISH AND WILDLIFE




                                        THE PAST



            DISCOVERY AND COLONIZATION

                 It was Henry Hudson, during his celebrated third voyage.in

            the good ship Crescent, better known as the Half-Moon, who first

            ascended what later became known as the Delaware Bay. As most

            school children used to know, the voyage took place in 1609, and

            after ascending the shoaly estuary for a bit, Hudson turned and

            rounded the east cape, and proceeded towards what eventually

            became known as the Hudson River.

                 As a result of that expedition, he named these two estuaries

            the North and South Rivers, and the appellations prevailed for a

            time, at least. It was only later when the English, as was the

            wont of the more ambitious land-grabbers of the time, who changed

            the name of the latter to "Delaware." They did this to give

            credence to the fallacy that it was discovered by Lord de la Warr.

            on his voyage to Virginia in 1610. Actually, the good Lord never

            set eyes upon the river. Such is the history of the ways of

            white men in identifying geographical areas which they have, to

            use their own euphemistic term, "discovered".

                 In 1623 Cornelius May ascended the South River, settled a

            colony and built Fort Wassau,,just below present day
            Philadelphia. The object of this first establishment on the

            Delaware was trade with the aborigines, which apparently turned




                                             1









         no profit, for the good burghers quit the settlement soon after.
         It was DeVries who first attempted to create a thriving community

         here, when he entered the South River in the spring of 1631

         and established a colony near Cape Henlopen. Leaving his

         commissary Gillis Hassett in charge, he sailed for Holland,

         planning to return subsequently to reprovision the community.

         Hassett ostensibly quarreled with the Indians, for on his

         return DeVries found the settlement utterly destroyed, and

         the 32 inhabitants massacred.

             Thus, from its discovery in 1609 until 1637, no successful

         colony had been established on the Delaware. However, in 1638

         Peter Minuit, who had been dismissed from his office with the

         Holland West India company, arrived with an expedition from

         Sweden, having gone to that country and been appointed by the

         Swedes to lead a voyage to the South River. Minuit established

         Fort Christiana near'the present city of Wilmington, which proved

         to be the first permanent settlement on the Delaware.

             The early Swedish settlements were followed in turn by Dutch

         and English communities. The Dutch wrested control from the

         Swedes, who could not match them in military prowess; but the
         sovereignty of the area eventually devolved to the English, with
         the signing of the Treaty of Westminster in 1674. Thus, after
         much wrangling, the English finally assumed control of the
         Delaware, and all Duke of York patents, initially granted in 1664,

         were renewed.






                                         2









                 In 1681, to clear a debt of L15,000 owed to William Penn,
            King Charles signed a patent deeding "Pennsylvania" to him. And

            in 1682, James, Duke of York, issued a protective deed to Penn

            for Pennsylvania, New Castle and Horekill (which included the two

            lower counties, Kent and Sussex).

                 Penn then sailed for America, arriving in New Castle,

            Delaware, on October 28, 1682. However, his boundary troubles

            were not over, for Lord Baltimore claimed jurisdiction over much

            of the three lower counties, leading to a territorial struggle

            which raged for over a century and which was not settled until

            1768, with an agreement duly signed by the heirs of Penn and Lord

            Baltimore. This was the famous Mason & Dixon line, markers of

            which may be viewed to this day at certain points along the

            Maryland-Delaware boundary. The final act in this long

            drawn out dispute took place in 1691, when the "territories", or

            three lower counties, met and compelled Penn to accede to their

            demands that his government be divided, officially creating

            the independent state of Delaware.



            FISH AND WILDLIFE

                 The early settlers of Delaware were justifiably impressed

            with the varied and abundant supply of fish and game the area had

            to offer.

                 A detailed account by Captain Thomas Young, who explored the
            river in 1634, provides a first-hand description which has

            survived to this day:




                                             3










              "The river aboundeth with beavers, otters, and other
              meaner furrs.... I think few rivers of America have more...
              The soyle is sandy and produceth divers sorts of fruits,
              especially grapes, which grow wild in great quantities.
              The earth being fruitful is covered over with woods and
              stately timber, except only in those places where the
              Indians had planted their corne. The countrey is very
              well replenished with deere and in some places store of
              Elkes. The low grounds of which there is great quantitie
              excellent for meadowes [for pasturage] and full of Beaver
              and Otter. The quantity of fowle is so great as hardly
              can be believed, wee tooke at one time 48 partriches
              together, as they crossed the river chased by wild hawkes-
              there are infinite number of wild pidgeons, blackbirds,
              Turkeys, Swans, wild geese, ducks, Teales, Widgins,
              brants, herons, cranes, etc., of which there is so great
              abundance, as that the rivers and creekes are covered with
              them in winter. Of fish heere is plentie, but especially
              sturgeon."

              Even DeVries, in 1631, had described his entry into       a

         fine navigable stream, filled with islands, abounding in

         oysters ...... and flowing through a fertile region." His

         appellation, Zwaandael, "Valley of Swans", is also illustrative

         of the waterfowl he found there.

              Peter Lindstrom, in his "Geographica America", ca 1655,

         describes the Christina as deep, and rich in fish, the land

         surrounding 11 ... flowing with milk and honey". The animals he
         describes include (mountain] lions, black bear, wildcats, lynxes,

         and wolves.

              During the mid-1600's, after going through the trouble of
         collecting a poll tax to pay for a bounty of 40 gilders on each
         wolf head, the court in New Castle decided that this was an
         ineffective way of controlling these beasts, and advised the

         landowners to dig wolf pits instead.




                                         4









                 Probably the most lyric image of the area was that portrayed
            by John Fenwick, in his invitation to settlement in West Jersey

            (ca 1680):

                  ... how prodigal ... hath Nature been to furnish this
                 Country with all sorts of Wild Beasts and Fowl, which
                 every one.... may Hunt at his own pleasure, where...
                 he may furnish his House with excellent fat Venison,
                 Turkies, Geese, Heath-hens, Cranes, Swans, Ducks,
                 Pigeons, and the like; and... he may (also] go a
                 fishing, where the Rivers are so furnished that he
                 may supply himself with Fish before he can leave off
                 the Recreation."

                 It was the fur trade that probably first brought the white

            man to Delaware. And trade they did. On the fifth Swedish

            expedition, the ship "Famall arrived with goods to barter with the

            Indians. When she sailed on June 20, 1644, she was laden with

            20,467 pounds of tobacco, and 2,136 beaver skins. It is

            significant that the central figure on the seal of New

            Netherlands is a beaver.

                 But all was not "milk and honey," for Peter Kalm, a trained

            observer, describes in his "Travels in North America" in the mid

            18th century the mosquitoes, gnats and other pestiferous insects

            which made life unbearable for newcomers to the region.



            THE LAND

                 The land, except for the vast tidemarshes.which bordered the
            Delaware, and the corn fields cultivated by the Indians, was
            covered in pristine forest, with deciduous species predominating
            in the north, and generally giving way to conifers as one








         proceeded south. Wild grapes were in abundance. The soil, a
         sandy loam in Sussex, became heavier in New Castle, and was
         fertile. Corn, tobacco, small grains, peaches, cattle, wool and

         a variety of other crops were produced. Timber, both hard and

         softwood, was in abundance; indeed, because of the long drawn out

         boundary struggle between Lord Baltimore and William Penn,

         southwest Sussex remained unsettled for an extended period of
         time. Thus, when a settlement was finally reached, large stands

         of old growth oak and pine were available in the Nanticoke River

         area for the construction of the Delaware Ram, a ship especially
         designed for navigation and trade in and out of the Chesapeake

         Bay area.



         THE INDIANS

              "A few more passing suns will see us here no more, and
              our dust will mingle with these same prairies. I see as
              in a vision the dying spark of our council fires, the
              ashes cold and white. I see no longer the curling smoke
              rising from our lodge poles. I hear no longer the songs
              of the women as they prepare the meal. The antelope have
              gone; the buffalo wallows are empty. Only the wail of the
              coyote is heard. The white man's medicine is stronger than
              ours; his iron horse rushes over the buffalo trail. He
              talks to us through his whispering wire. We are like birds
              with broken wings. My heart is cold within me. My eyes
              are growing dim-I am old."

                                            Chief Plenty Coups (Crow)

              The American Indian was a hunter and gatherer. True, he did

         grow crops like corn and tobacco, but he gleaned his primary
         sustenance from the bounty, amply described previously, of the

         land and waters of his home. Moreover, except for minor
         practices like the clearing of small fields for his crops, he


                                         6










             lived within the parameters described by his environment. And

             since he took from this environment less than it normally

             produced; except for rare natural catastrophes which affected the

             animal and plant populations he depend   ed upon for his food

             supply, his life was one of contentment and security.

                   As a hunter he reigned supreme. But then again, this was

             true of most aboriginal peoples, even until this day, whether

             they were Apache or Lapp, Kung Bushman or Maori, Nanticoke or

             Inuit.

                   But with the coming of the white man he and his way of life

             were doomed. The history of the treatment of indigenes by

             Europeans is a litany of coercion, aggression and vicious

             subjugation. Ferris, in his "History", says:

                   "No one conversant with the history of that period
                   [early America] can be ignorant of the wanton acts
                   of cruelty, frequently committed on the defenceless
                   natives, by the roving adventurers of that day... 11

                   There were exceptions to the above. Scharf tells us that of

             all the early settlers in Delaware, it was the Swedes, 11    ...
             simple, loyal, steadfast, who lived at peace with one another and
             the Indian... The atrocities committed by the English and Dutch

             were unknown to those kind people."

                   While even the Swedes, however, may have had some
             difficulties, the example set by William Penn, a legislator
             a century ahead of his time",,was more commendable. He came
             to America not as an aggressor, but as a statesman and peace

             maker. His credo:





                                                7









             "Obedience without liberty is slavery. Liberty without
              obedience is confusion."

        he staunchly defended. The years of his dominion in the New

        World were strife free   no blood was spilled in the name of

        civilization because of the actions of the Society of Friends.














































                                         8













                                  THE DEVELOPING YEARS



            IMMIGRATION AND POPULATION

                 Following the initial settlement of Delaware by the Swedes,

            Dutch and English, immigration into the first state increased

            with the passage of time, cresting with the great waves of

            migration which occurred in the 19th century. The pre-Columbian

            population of the three lower counties was estimated at a few

            thousand Nanticokes and Lenapes. Theses tribes were displaced by

            Europeans who in turn brought over African slaves, and to these

            other ethnic groups have been added, most recently, southeast

            Asians.

                 The population curve of any locality is a function of many

            variables: climate, the economy, migration patterns,

            opportunity, natural resources, and others. This pattern is

            difficult to predict, and more difficult to control. An excess

            of people in a given area will stress the ability of that region

            to support its citizenry within reasonable levels of comfort. We

            like to refer to the maintenance of an acceptable "quality of

            life."

                 The story of mankind is infused with civilizations which
            have mysteriously "disappeared". The truth of the matter is that
            these populations have, more often than not, exceeded the ability
            of their homeland to-support them. The people either did not
            recognize, or saw and refused to recognize, the coming crises.





                                            9









              There is nothing in the above which precludes such an event

         from happening in today's world, even with all of its

         technological sophistication. The white man's medicine, while

         strong enough to dispossess the Indian, may not sustain his own


         excesses.




         AGRICULTURE AND INDUSTRY

              The primary construction material of the area was at hand

         and in abundance - the forest primeval stretched to the setting

         sun, as far as the eye could see. Timber and dimension stock for

         homes, factories, tanneries, mills, shipbuilding, and a hundred

         other uses existed in seemingly limitless amounts.

              The land was thus cleared for agriculture, and by the mid-

         nineteenth century the last of the old growth timber was gone,

         and the forest complement of the state was supplanted in large

         degree by croplan d and orchard.

              Dams were thrown across most streams to provide power for

         the ubiquitous grist mill; the number of mill ponds this created
         at one time exceeded 200, and in many a wooded branch, to this
         day, vestiges of former mills may be seen. Thus man replaced the
         beaver, which had by this time been extirpated from the state, as

         the primary builder of dams.
              The duPont powder mills on the Brandywine evolved eventually
         into the large petro-chdmical complex that brackets the Delaware
         River in the Wilmington-Philadelphia-Camden area. And the older,
         coal-fired electric generating plants in the region have been
         supplemented by the nuclear facility at Sa .lem, to better meet the

                                          10










            growing energy needs of the Delaware Valley.


            THE ENVIRONMENT

                 Early on, the effect that the white man exerted upon the

            environment was one more of change than of detriment. While the

            Indian had lived within his environment, the European modified

            the land to suit his needs.-

                 However, with the passage of time these changes became more

            commonplace, of greater amplitude, and more destructive. For a

            while those initial modifications may have little affected the

            quality of the soil, water and air; but by the 20th century

            pollution, erosion and gross misuse had all but destroyed the

            once pristine habitat that existed in the new world prior to

            settlement.

                 Interestingly enough, a cursory oversight of the region

            would have revealed little to the untrained eye. Fields were

            golden with bountiful crops; sky, except for the Wilmington area,

            a cumulus-dappled blue; bay a glorious seascape of sky and water;

            marshland filled with the song of pipe-reed and blackbird. True,

            the oyster and shad catches were steadily declining; the deer had

            long been gone; eagle and osprey populations were declining; but

            these and other changes had come about so slowly that only the

            demographer and a few others paid any attention to them.
                 But enough attention was focused on the problem to bring
            about the first protective legislation. These early attempts at
            stemming the tide of environmental degradation were of necessity
            crude, based mostly upon regulations which prohibited those









        practices which grossly undermined the environment. The genesis

        of environmental protection, however, had finally come about.


                                   THE ESTUARY



        DEFINITION AND MANAGEMENT


             The Delaware Valley encompasses all lands and waters that

        drain into the Delaware estuary, which in its turn includes all

        wetlands and streams flowing into the river and bay. This

        estuary, one of the richest in the world, cannot.be defined

        within finite limits. Its entire periphery, from the wetlands

        that feed it the nutrients so essential to its life, to its

        southern terminus in the Atlantic Ocean, waxes and wanes with the

        seasons, the climate, and the tides. Moreover, the direction and

        amplitude of these changes may not be predictable - the

        capriciousness of nature is a fundamental biological principle.

        The estuary, therefore, is a living, ever changing biological

        entity.

             These factors, it appears, may be lost to those who would
        "protect" the estuary with a plethora of prohibitive regulations.
        The regulatory process is not a management principle in of
        itself, nor should it be ever utilized as such. It is a tool of
        management, which in turn is a philosophy which must be derived
        from a biological-historic-conservation perspective.
             A rigid regulatory  process which is designed to maintain the
        status quo is contrary,  by definition, to the fu ndamentals of
        estuarine ecology. The   estuary, therefore, must be managed, and


                                         12









             the goal of this management must be to direct or influence these
             changes in an attempt to enhance, improve or restore the estuary.


             THE TIDEMARSH

                   The tidemarsh is the circulatory system of the estuary.
             Thru its meandering streams and guts flow the nutrients, the

             life's blood, the very essence of this richest of natural

             resources. Its fauna, from the zooplankton of its muddy waters

             to the fish it nutures; from the pestiferous insects it is damned

             for, through vole and muskrat, otter and raccoon, deer and fox,

             eagle and osprey; is without peer in the temperate zone.

                   Woodland Beach old timers reminisce of the days when the

             ducks were 11 ... so thick you couldn't shoot a hole thru lem... 11

             and 11 ... a man had to make two, three trips to haul off a day's

             rat catch". Fenwick tells us that, "from the marshes near

             Leipsic in early days large numbers of    muskrats were caught, and

             as many as a hundred thousand skins in one year have been shipped

             from there."

                   Captain Young, in his description quoted previously, refers

             to 11 ... beavers, otters and meaner furrs...". As beaver and otter

             stocks were reduced the major trapping effort devolved to the

             muskrat, where it remains to this day.

                   The Dutch, with their history of reclaiming wetlands from

             the sea, emulated this procedure in Delaware, diking and draining

             the marshlands of New Castle County in an attempt to convert them

             to productive farmland. Their efforts, however, were thwarted by
             the muskrat, which holed the dikes and rendered them useless.


                                                13









              As the fur trade expanded it encompassed these same

         "meaner furrs", and the landowners were not long in exploiting

         this market by diking the wetlands to contain, rather than

         drain. This procedure improved the marsh, for embanked meadows

         produced a superior rat, and thus was launched in the new world

         the first productive marsh management practice. There are

         meadows in New Castle County today which have been impounded for

         more than 200 years.

              It is important to note here that the muskrat has been an

         economic mainstay of the Delaware tidemarsh farm, producing

         millions of dollars in income over the years and paying off many

         a farm mortgage. Moreover, it has been trapped on a sustained

         yield basis, and this income has encouraged many marsh landowners
        .to protect and improve this vital resource.   -                          I

              Over the years, however, wetlands throughout the continent

         have been drained, filled, polluted and otherwise degraded. The

         percentage of marshland so destroyed has been staggering; while it

         has slowed, the practice continues. In addition, Delaware

         wetlands have been "naturally degraded" by a severe infestation
         of the noxious plant Phragmites. This aggressive interloper is
         crowding out the indigenous Spartinas, resulting in significantly

         reduced muskrat and waterfowl use of these once prime marshlands.

              only as the effects of estuarine degradation have become
         obvious to even the untrained eye; as the value of wetlands to






                                         14









             the environment has, finally, been indicated; has change been
             inaugurated. This has propelled us into the first, "regulatory",

             phase of protecting the estuary.

                   our final goal should be that of evolving a philosophy of
             total estuarine management, based upon research and education,

             and treating all phases of regulation, utilization, improvement,

             restoration, and revitalization of that most vital of natural

             resources that the Delaware estuary is.


             CHRONOLOGY

                   Before we can think of devising an estuarine management

             plan, we should sit back and assimilate, from a chronological

             overview, at least those major natural and man-made events which

             have, in the last 350 years, significantly impacted Delaware's

             estuarine marshlands.

                   1712            Diking and draining tidal marshes

                   1740            Thoroughfare - Smyrna River

                   1878            Tidal wave - great storm

                   1930's          Mosquito control grid ditching

                   19301's         Permanent Indian River inlet

                   1939-61         Bombay Hook impoundments

                   1959-61         Little Creek mosquito control impoundments
                  11950 ->         Phragmites intrusion
                   1980's          open marsh water management

                   1980's          Snow goose eat outs Bombay Hook NWR

                   THROUGHOUT      Sinking mid-Atlantic coastline



                                                15









              That change, whether it be historical, annual, daily;
         natural or man-made; is an integral function of the estuary,
         should be obvious from the above. This is why any such plan
         should be designed as one that attempts to control the rate,

         direction and amplitud e of change, in order to best maintain  the

         ecological integrity of the estuary.


                          DNERR WILDLIFE MANAGEXENT PLAN



         INTRODUCTION

             The NERR project attempts to approach the problem of long-

         term, integrated estuarine management by establishing reserve

         areas within selected estuaries; and in the Delaware scenario, to

         further establish a research and educational facility within her

         reserve. From this proposed St. Jones facility field studies

         and educational activities may be carried out which will in time

         lead to a total recovery of the Delaware estuary. Such an

         accomplishment will greatly benefit the country environmentally,

         economically, aesthetically and educationally.

             This wildlife management plan should be derived from an

         historic and philosophic perspective. It should attempt to

         correct the sins of the past, to improve upon existing management

         techniques, and to explore new areas of fish and game management

         over an extended period of time.








                                         16











            HUNTING, FISHING AND TRAPPING

                 Hunting, fishing and trapping have been major pursuits of

            man throughout history. We have seen where aboriginal man had

            in general lived within the constraints of his environment. But

            then he was a hunter and gatherer, and his population level, like

            those of the animals about him, were environmentally controlled.

                 The white man, however, brought civilization with him, the

            tools of which enabled him to shape and change the environment to

            suit his needs. During most of history, his predilection for

            coercion, subjugation and plunder was extended beyond the peoples

            he conquered, to include nature's bounty.

                 Thus the beaver, which was a major attractant to the new

            world, was soon extirpated from most of its range. So too

            were the mountain lion, the white-tailed deer, the buffalo and a

            host of others; some, like the passenger pigeon and Labrador

            duck, never to return.

                 In Delaware over 100 years were to pass after its initial

            settlement before the first laws were enacted to protect

            wildlife from'overhunting. In 1740 a closed season, and in 1841
            complete protection was extended to the white-tailed deer. Not
            until 1954 was this species again allowed to be hunted.. Since
            that time, seasons and bag limits have been increased, while the

            population continues to climb.
                 The wild turkey, a species which Ben Franklin wished to be
            our national bird, was largely exterminated from its original
            range. Today, the turkey has been re-established in all lower


                                             17









         forty eight states, and is again being harvested under controlled

         conditions.

             Turkey  and deer are excellent examples of how many

         wildlife species, all but eliminated by the wanton exploitation

         of early settlers have, under sound biological management, been

         restored to their former ranges.

             This historic cycle of exploitation, protection, management,

         and utilization may be applied to any renewable resource. As man

         finally becomes aware of the constraints he must employ he

         becomes more adept at bringing about the first principle of

         conservation: "the wise use of natural resources, to benefit the

         most people."

             Probably  the practice most subject to criticism in today's

         world is that of trapping. Most of the faultfinding directed at

         the fur industry comes from people who are urban-oriented, who

         respond emotionally to a biologically and economically sound

         procedure.

             The muskrat today provides significant income to the
         Delaware tidemarsh farmer, who manages his wetlands to provide a

         sustained yield of fur. It is intriguing to note that the
         critical rhetoric that is directed against hunting and trapping
         is, curiously enough, absent in many cases where domestic animals
         are raised for slaughter and the production of foodstuffs.
             The practice of utilizing various animal species for food
         and fur has devolved to a philosophy of conservation of renewable
         resources. Interestingly enough, it has not been the









             protectionists who over the years have been responsible for the
             preservation and management of the nation's wildlife resources,

             but the sportsmen who (1) became aware of, (2) enacted
             legislation, and (3) provided the funding necessary to insure the

             survival of wildlife in America today.


             NON-CONSUMPTIVE USES

                  In the parlance of the times,  biologists like to use the

             words "consumptive" (hunting, fishing, trapping) and "non-

             consumptive" (birding, hiking, camping, etc.) to describe how

             people enjoy the out-of-doors. A poor choice of words, since to

             "consume" means to 11 ... eat or utilize completely... to do away

             with completely and destructively."

                  The modern wildlife manager manipulates habitat and

             regulations to utilize a renewable resource. In this sense he

             does not "consume", but "conserves" or "husbands" (to protect

             from loss or destruction).

                  At any rate, non-consumptive users are those whose interest

             in our wildlife and outdoor resources is aesthetic, and in and of

             itself does little to affect the resource. on the one hand,

             the consumptive or conserver uses these resources within limits

             determined by sound conservation principles. On the other,

             the non-consumptive enjoys them for their intrinsic value.

                  During the last@half of the twentieth century a plethora of
             organizations, self-proclaimed "environmentalists", have arisen.-





                                              19







        especially in the United States and western Europe - where they
        collectively title themselves "greens". The doctrines espoused

        by these groups, particularly the more militant, are narrow in

        perspective and strident in tonality. These people give but lip

        service to basic biological principles - theirs is a crusade

        based upon emotionalism.

             This brings us to,a major problem facing the wildlife

        manager today, who as we have seen above, has recognized the sins

        of the past and taken corrective action by developing the sound

        conservation practices which have gone so far in restoring and

        managing our wildlife resources.

             He was not prepared for, however, and therefore has been

        slow to react, to these social aspects of wildlife management.

        Times change, and while animal population dynamics respond to age

        old stimuli, vocal special interest groups pose today's

        challenge, which must be addressed.


        PROJECTS

             The following topics are outlines of suggested research,

        educational and management projects which may be incorporated
        into the management plan. They represent the wide array of
        problems which exist, and should be addressed in order for DNERR
        to accomplish its goals. These projects have been subdivided

        into the categories listed below:

                  A.  MONITORING

                      The Sinking Coastline
                      Phragmites Intrusion
                      Snow Goose Depredations
                      Little Creek impoundments


                                        20












                      B.  RESTORATION AND MANAGEMENT

                          Cedar Swamp
                          North Mahon Marsh
                          Tidemarsh Sheet Water
                          The Bigstone-Mispillion Marsh

                      C.  APPLIED RESEARCH

                          Development of Continuing Regulations
                          Open Marsh Water Management
                          Phragmites Control
                          Continuing Development of Water Management Techniques
                          Snow Goose Management

                      D.  INFORMATION AND EDUCATION


                      E.  CONCLUSION
















































                                            21













                                   MONITORING



        The Sinking Coastline

             Because of the combination of coastal subsidence and a

        rising sea level, the mid-Atlantic coastline is "sinking" at,

        geologically, an extremely rapid rate., This is especially true

        at certain sites along the Delaware littoral, Port Mahon being a

        case in point. The combination of coastal subsidence, high tides

        and wind action have accelerated the rate of shoreline erosion

        here, with devastating results:

             1. Hundreds of acres of bay front tidal marshlands have

                 been lost.

             2.  A sea wall installed by the State of Delaware in the

                 1980's to protect a portion of this shoreline failed

                 before it was completed.

             3.  The.Port Mahon road has lost its surface and been

                 overrun on many occasions. After each event it has

                 been temporarily patched with gravel.

             4. Rip-rap installed to protect other parts of the

                 shoreline has proven grossly inadequate.

        It is obvious from the above that coastal subsidence in Delaware

        must be monitored from a time-space perspective, in order that

        corrective action be initiated in any given area before damages

        incurred rise to a level*where they become insurmountable or

        economically unfeasible to correct.





                                         22










            Phragmites Intrusion

                 Phragmites is an aggressive, pestiferous plant which has
            invaded Delaware's wetlands and is supplanting the cordgrasses,

            three-squares, cattails and other indigenous species at an

            alarming rate. Its presence has degraded the marshes

            ecologically, resulting in sharp declines of native wildlife in

            general, and especially economically important species such as

            waterfowl and muskrats.


                 In an attempt to solve the problem, the Delaware Division of

            Fish and Wildlife, in concert with the U.S. Fish and Wildlife

            Service and the Monsanto Chemical Corporation, have through

            assiduous research developed a "soft" herbicide which has

            provided the most successful control of Phragmites to date. In

            keeping with its desire to aid the Department of Natural

            Resources in its efforts to suppress this noxious plant, the

            legislature has provided funding for a cost-sharing program which

            is made available to landowners who wish to restore their


            wetlands.

                 The purpose of this project should be to monitor the extent

            of the Phragmites incursion and the ability of the plant to

            survive under continuing control efforts.


            snow Goose Depredations
                 Greater snow goose wintering populations began a rapid
            build-up in Delaware during the 19801s. The feeding activities
            of this species presents a striking picture -- the birds wheeling
            and turning in close knit groups numbering in the thousands# all


                                             23









         the while honking and cackling in raucous cacophony.

              This bird has historically fed on the rootstocks of
         tidemarsh plants, especially the cordgrasses. In recent  years
         they have begun to emulate their Canadian brethren, feeding in

         harvested corn and small grain fields.

              Where they have fed on the tidemarsh, however, their sheer

         weight in numbers has resulted in large areas where all emergent

         plants, including their rootstocks, have been stripped. Here

         have been left broad tracts of completely denuded wetland, so-

         called "eat-outsit, which then become subject to tidal erosion and

         destruction.

              This has in fact happened in Delaware, especially on Bombay

         Hook Island, but in other places as well. While control efforts

         have slowed the birds penchant for overfeeding localized

         tidemarsh areas they have failed to curtail this activity.

              Snow goose eat-outs should be monitored. Their location and

         extent should be recorded, especially in light of control efforts

         and the recent inclination of this species to divert at least a

         part of its feeding effort to harvested upland fields.


         Little Creek Impoundments

              In 1959, in an effort to establish long term, biological

         control of mosquitoes breeding in the Little Creek marshes, the

         State of Delaware installed a series of large, low-level
         impoundments just south and north of Little River. In addition
         to effectively controlling mosquito production in an area which

         had historically posed a severe pest problem to the Dover area,


                                         24









            these pools proved to be a boon for large numbers of wintering
            waterfowl, and an important breeding and resting area for ducks,

            shore and wading birds.

                 The impoundments are largely owned by the Division of Fish
            and Wildlife, which manages them as waterfowl resting and harvest

            areas, and are extremely popular with the bird watching

            community. In addition, they have served as test areas for the

            development of newer and more refined water management dike

            and maintenance techniques.

                 It is most important that these areas be properly

            maintained; that they be continually monitored from mosquito

            control, wildlife management, estuarine ecology, and non-

            consumptive use perspectives; and especially as these

            perspectives compare to other continuing, modified, or newly

            developed estuarine management techniques.


                               RESTORATION AND MANAGEMENT



            Cedar Swamp

                 The Cedar Swamp area is a rectangular block of land bordered

            on the north by the Taylors Bridge light road, on the west by

            Route 9, on the south by the Smyrna River, and on the east by the

            Delaware Bay. It encompasses about 6000 acres of tidemarsh, farm

            and woodland.

                 In the mid ninete enth century the swamp supported a fine

            stand of white cedar, which was surrounded by prosperous farms.

            At that time the road ran south and east from Taylors Bridge and



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        before reaching the bay turned south, then ran along the

        shoreline to Collins Beach where it joined the east-west road

        from Flemings Landing, completely encircling the swamp.

             It was largely a fresh water marsh and drained from its

        southeast quadrant through a pair of ditches which ran beneath

        the road just north of the Hygenia House, a hotel owned by Frank

        Collins of the beach of the same name.

             In 1878 a severe storm struck the Delaware Bay and at its

        height spawned a great tidal wave, which did substantial damage

        to property, livestock and bay shore. It created a break

        through the dunes south of Hygenia House, isolating it from

        Collins Beach. With the passage of time the tidal surge through

        this gap caused it to widen and deepen. This in its turn

        enlarged and changed the swamp dramatically.

             In time this once pristine fresh water cedar swamp became a

        salt water inlet. The cedar trees succumbed, and the fresh water

        cattails and bulrushes were replaced by cordgrasses. The most
        recent ill to befall.the swamp is the intrusion of Phragmites,

        which is replacing the Spartinas.
             In the 1960's most of the swamp area was methodically
        incorporated into a single holding by the Shell Oil Company,
        which had planned to build a refinery on the site. Fortunately,
        this event never came to pass, and the ensuing controversy was in
        good part responsible for the passage of Delaware's landmark
        coastal Zone Act. Most recently the area was subdivided into
        ten large tracts, with the swamp proper and the shoreline parcels


                                        26










            devolving to the State of Delaware.

                 And so the Cedar Swamp, once fresh and highly attractive to

            waterfowl and muskrats, has today degenerated ecologically into a

            marsh where plumes of feathergrass sway in a wind that bore

            the sound of myriad waterfowl voices, its epitaph written on the

            bleached stumps of long dead cedars.

                 The Cedar Swamp can and should be restored. The State of

            Delaware has the technology and the resources to accomplish this

            task. DNERR should undertake a feasibility study to ascertain

            the engineering needs, ecological benefits of, and costs of

            closing the break, installing a controlled outlet to the Smyrna

            River, and designing a water management regimen - all with the

            goal of rehabilitating this once pristine wetland.


            North Mahon Marsh

                 As stated under "Monitoring" the sinking coastline

            has seriously impacted the Delaware littoral, especially in the

            Port Mahon area. If the North Mahon marsh is to be saved

            something must be done, and very soon.

                 The Mahon sea wall has long since failed, and the rip-rap

            located just to the south of it is inadequate at best. The road

            has been all but washed away and will be breached in the

            immediate future. It will be the Cedar Swamp all over again.
            The tide will surge through the break, creating a dendritic
            pattern of tidal guts within the marsh complex, which will erode
            it severely. It will drain more completely on low water,
            and Phragmites will move into a then more attractive site for


                                            27










         this plant to establish itself. The marsh will become

         ecologically much less attractive for ducks, geese, shore and

         wading birds.

              With the road gone the Mahon launching area, the

         recreational fishing pier, commercial fishing boat dockages, and

         the Air Force jet fuel off-loading facility will be isolated.

         The former will all have to be abandoned; the latter serviced by

         boat, if indeed the pipeline itself survives. In addition, many

         more hundreds of acres of tidemarsh will be lost to erosion,

         exacerbating a process which has only accelerated in the past 30

         years.

              Based upon the above, DNERR should undertake a project

         designed to:

              1.  arrest the process of shoreline erosion

              2.  protect the access road to Port Mahon

              3.  install water control structures which will enable an
                  ecologically sound water management regimen to be
                  effected.



         Tidemarsh Sheet Water

              The first serious attempts to dewater the Delaware
         tidemarshes were undertaken by early Dutch settlers in New Castle
         county in order to create additional farmland. Major upland
         drainage activities over the years have been concerned with
         removing excess water-from cropland. These efforts increased
         with the passage of time, culminating with the wholesale
         agricultural drainage projects of the 1960's and 170's.



                                         28









                 By far the most widespread estuarine drainage activities

            occurred during the 19301s, when hundreds of miles of tidemarsh
            ditching was completed in an attempt to attain statewide mosquito

            control. These grid systems traversed most Delaware marshes;

            they may be seen to this day, especially from the air.

                 Grid ditches exerted both short and long term effects on the

            tidemarsh. In the short term they expedited the flow of

            "trickle tides" (rainwater), storm and wind tides from these

            wetlands. This removed the standing or sheet water from the

            marsh surface and with it the environment so necessary for

            mosquito eggs to hatch.

                 In the long term they lowered the mean water level and

            increased the salinity of the tidemarsh zone. This resulted in a

            slow yet irreversible change in vegetation from the more

            beneficial, fresher water loving plants like cattails,

            smartweeds, three-squares and millets; to the "hightide bushes",

            cordgrasses and other more saline loving plants.

                 An insidious consequence of the above, which by its very

            nature allowed the damage to continue for the life of the

            drainage program, was the significant drop in the use of these

            wetlands by waterfowl, muskrats and wading birds. In addition,

            since most natural marshland sloughs and ponds were tied into the

            system - and there were thousands involved - these were effectively

            removed as a Delaware tidemarsh feature.

                 The economic results were calamitous. Muskrat catches first

            increased as rats moved closer to the ditches for water, making



                                            29










         them easier to harvest; then fell precipitously as their habitat

         deteriorated. The advent of the noxious plant Phraqmites only

         served to exacerbate this situation.

              DNERR should appraise the historic loss of sheet water as a

         result of the wholesale drainage of tidemarsh sloughs and ponds.

         In addition, it should identify those marshes where little or

         no attempts have been made to reclaim such wetlands, and to design

         methods by which sloughs, ponds and sheet water may be restored

         to a degree which will rehabilitate them.


         The'Bigstone-Mispillion Marsh

             Just after the turn of the century Frank Greco, who owned

         nearly 4000 acres of marsh and farmland in southeast Kent County,

         built a canal in order to expedite the flow of produce from his

         land to the Philadelphia market. This waterway ran from the

         Bigstone Beach road in a southeasterly direction for two and one

         half miles. At this point it approached the dune line to within

         a few hundred feet. It then turned slightly landward and ran

         south for about a mile, where it entered the Mispillion River

         quite an extraordinary undertaking for the time.
              However, this ambitious project was terminated when Greco

         was not allowed to cross the road with his project. He moved to

         Milford and continued to ship via railway to market. Tragedy
         overtook the family soon afterward when the parents were carried
         off after eating poisonous mushrooms, leaving a sole surviving
         daughter. The enterprise waned and died along with its promoter,
         to be known to future generations on maps of the area simply as

                                         30












            "Grecos Canal".

                 In the course of time the sinking Delaware coastline,

            migrating inexorably and ever westward, literally caught up with

            the waterway, where its apex most closely approached the bay. A

            few years ago the canal was breached at this point, and the age

            old sagas of the Cedar Swamp and Woodland Beach were repeated.

            As the tidal surge races back and forth through this opening the

            whole natural drainage pattern of this vast marsh complex will be

            reordered. The primary victims of this event, once again, will

            be the waterfowl and muskrats which utilize these wetlands.

                 DNERR should undertake a study of the Bigstone Mispillion

            marsh with the objective of salvaging this area before major

            damage to its wildlife habitat occurs. Again, the technology is

            available; and the funding, at this point, a mere fraction of

            what will be required within a few years.


                                    APPLIED RESEARCH


            Development of Continuing Regulations

                 The regulatory process is a tool of management, and

            estuarine management should be viewed as a fluid, continually

            changing process, designed to protect the ecological integrity of

            the estuary. As such, it should take advantage of knowledge and
            methodology derived from historic, current and evolving research
            and management techniques. therefore, while estuarine management
            should correctly protect the estuary from a wide variety of
            natural and man made damage vectors, it should at the same time


                                             31









         allow acceptable practices formulated to rehabilitate wetlands

         to be incorporated into its regulatory framework.
              To put it in another way, the primary thrust of regulation
         is protection; the goal of management is utilization.

         Regulation, therefore, should allow maximum utilization within

         the bounds of sound conservation parameters, and should in no

         way prohibit by its protective language cogent, acceptable

         wildlife management practices.

              DNERR should embark upon a continuing study of this

         regulatory process. It should periodically suggest changes which

         it feels are needed to enhance the efforts of resource agencies

         whose job it is to protect and manage the Delaware estuary.

         While the doctrine of not tampering with the regulatory process

         for fear of losing out to those who would do further damage to it

         may seem commendable, such a philosophy jeopardizes the efforts

         of responsible biologists whose job it is to manage this resource

         in the most efficient, up to date manner.


         Open Marsh Water Management

              Open marsh water management represents probably the newest

         and best.in the continuing development of estuarine management

         practices designed to achieve specific conservation goals. In
         this scenario marsh tracts are mapped and mosquito breeding

         areas delineated. These-sites are then excavated to minimal
         depth and the spoil sprayed onto the surrounding wetland. Spoil
         deposited in this amount and manner brings about no change in

         marsh surface elevation.


                                         32









                 The end product is a crazy quilt pattern of slough and

            marsh where man-made drainage systems have been interrupted,
            biological mosquito control achieved, and sheet water restored,

            making the area once again highly attractive to waterfowl, waders

            and marsh birds. The estuarine ecology has been enhanced, and

            the marsh restored to a more historic condition.

                 DNERR should continue to investigate this technique in an

            effort to refine and expand its capabilities, making it adaptable

            to a wider variety of wetland situations.


            Phragmites Control

                 In addition to or in concert with the monitoring project

            described above, DNERR should investigate additional and

            alternative methods of controlling this pest plant in an attempt

            to improve upon existing control efforts. The goal of this

            project should be to ultimately devise an efficient, economic

            method for achieving control on a statewide basis.


            Continuing Development of Water Management Techniques

                 The key to marsh management lies in the development of

            biologically sound water management techniques. The wetland
            plant community.is a function of its water quality, quantity and
            level, on a time period. Just as man and nature-induced changes

            in the water regime of a given wetland may produce harmful
            results, so may man induced practices restore once viable

            marshes.







                                            33









              over the years, wildlife managers have developed a variety
         of approaches to wetland problems in their continuing efforts to

         improve and protect these valuable natural resources. These have

         included dikes, water control structures, open marsh water

         management, "soft" herbicides and pesticides, burning,

         impounding, and others.

              DNERR should continue to investigate the general field of

         water management in an effort to improve existing methods and

         to devise new ways to manage and control water levels, water

         quality and water quantity.


         Snow Goose Management

              The snow goose problem has been discussed above under

         "Monitoring". In addition to following the annual wintering

         activities of this bird and noting its population level and

         dispersion, we must attempt to devise management techniques

         designed to curtail the wholesale damage incurred when great

         flocks descend upon and strip large tidemarsh areas of all

         vegetation. The goal of this management should be one of

         protecting the fragile ecology of feeding wetlands, while at the

         same time allowing this species to reasonably meet its

         overwintering needs   A tall order, indeed.

              Harvest management, diversion to picked grain fields and
         scare tactics are among the options now available to and being
         employed by wildlife managers. It is obvious, however, that
         additional efforts and devices must be utilized to ultimately

         solve this problem, and DNERR should partake in this process.


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                                INFORMATION AND EDUCATION


            Traditional and Non-Consumptive Uses

                 Among the NERR projects Delaware offers - along with the

            usual array of estuarine research and educational activities,
            especially in the lower St. Jones sector - is its deep-rooted

            historical involvement. The St. Jones patents are some of the

            oldest in the United States, representing the likes of Caesar

            Rodney and John Dickinson, the "penman of the revolution". The

            Dickinson mansion and plantation have been preserved and restored

            by the Division of Historical and Cultural Affairs, a project

            which continues to this day and represents and important adjunct

            of the core area. These tidemarsh farms have been tilled,

            hunted, fished and trapped for over 300 years, and the area today

            looks not unlike it did in the colonial period. St. Jones neck

            has sustained little of the explosive development that the rest

            of the State of Delaware has experienced. A NERR project on this

            site can help provide protection not only to an important

            estuary, but to a most significant historical resource as well.

                 Because this area has been hunted, fished and trapped for

            so long it presents an excellent opportunity to study the

            relationship of these traditional activities vis-a-vis today's

            more non-consumptive oriented attitudes. Not only the
            relationship, but the-problem of how these at times opposing
            viewpoints may be reconciled, makes ideal grist for this unit's

            mill.





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              The management of the St. Jones core area is a case in

         point. The tidemarsh here has traditionally been hunted and

         trapped. Will these activities continue as part of DNERR? Will

         the option of restoring historically drained ponds and sloughs

         through open marsh water management be exercised? will the core

         area be made a sanctuary and additional ponds created on

         adjacent cropland be provided as alternative harvest zones? How

         will traditional and non-consumptive activity schedules mesh?

              All of the above options are viable to various degrees; some

         will undoubtedly be considered, along with others, in the core

         area management plans. And all will have to satisfy a widely

         divergent, but not necessarily incompatible, set of parameters.

              The DNERR project provides an excellent opportunity to study

         how deeply rooted, historical traditional uses may be merged with

         more modern, non-consumptive attitudes to obtain a viable,

         ecologically oriented estuarine research, management, and

         educational program. In addition, the effect of public use upon

         private land - a problem becoming more commonplace because of

         today's escalating population and the pressure it puts on a

         dwindling land resource base - may be addressed and, hopefully, a

         workable solution developed.


         Conclusion

              The DNERR project represents an opportunity to carry out
         estuarine research, management and education in an environment of

         considerable historical significance.




                                        -36









                 Environmental degradation, both natural and man made, has

            along with its detrimental effects on soil, water and air, not

            spared the tidemarsh which has been such an integral part of the

            Delaware estuary. Today's burgeoning human population has

            exerted additional stress upon the state's choice wildlife

            habitat. State and federal wildlife authorities recognized the

            impending danger over half a century ago and began to acquire

            strategic wetlands, ponds and wildlife areas in an attempt to

            protect these valuable resources. The prime movers in this

            venture, until recently, were the traditional users of the area -

            the hunters, fishermen and trappers - who provided the necessary

            funding through self imposed taxes on sporting goods.

                 In addition, innovative management and development practices

            have been designed in order to restore and reclaim despoiled

            wildlife habitat. The implementation of these practices has,

            over the years, resulted in the restoration of many degraded

            wetlands; been a boon to waterfowl and wading birds; provided

            efficient mosquito control within ecologically acceptable

            parameters; helped reduce phragmites infestation; protected

            indispensable shorebird migration routes; enhanced muskrat

            habitat.

                 It is ironic and unfortunate that long overdue and needed

            environmental protection regulations have, when finally enacted,
            discouraged and in many cases prevented the implementation of
            many of these wildlife management practices. Wildlife and marsh
            managers need to be able to continue the good work they have done


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        in the past - these activities must not be jeopardized by

        regulations designed to protect the estuary from destructive

        agents. We can, and we must... manage the marsh... and protect

        the estuary.



                                           Anthony Florio
                                           Wildlife Consultant
                                           Dover, Delaware
                                           March 1991




















































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