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



                                    N0--rth Inlet=Wi*nyah Bay
                                   National Estuarine Research Reserve


                                Final Environmental Impact Statement
                                                                                 and
                                                     Draft Management Plan


















                   U.S. Department of Commerce                                    State of South Carolina                       S.C. Coastal Council
                   National Oceanic and Atmospheric Administration                Belie W. Baruch Institute                     Ashley Corporate Center
                   National Ocean Service                                         University of Southern Carolina               4130 Faber Place, Suite 300
                   Office of Ocean and Coastal Resource Management                Columbia, S.C. 29208                          Charleston. S.C. 29405
                   Sanctuaries and Reserves Division
                                  '4.20235

                                                                                             ow



             GC
             512
             @S6
             F56
             1992




                                      410"41 OF CO 111+1
                                     .1        UNITED STATES DEPARTMENT OF COMMERCE
                                               National Oceanic and Atmospheric Administration
                                               NATIONAL OCEAN SERVICE
                                               OFF CE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
                                      "Nres Of Washlington, D.C. 20235

                                                      APR 2 4 1992




         MEMORANDUM FOR:   DISTRIBUTION

         FROM:             Annie Hillary
                           Acting Chief
                           Atlantic and Great Lakes Region
                           Sanctuaries and Reserves Division

         SUBJECT:          Final Environmental Impact Statement/Draft
                           Management Plan (FEIS/DMP) for Proposed
                           North Inlet/Winyah Bay National Estuarine
                           Research Reserve


         Attached for your review is the FEIS/DMP for the proposed North
         Inlet/Winyah Bay National Estuarine Research Reserve in
         Georgetown, South Carolina.

         Major concerns expressed at the public hearing and in correspon-
         dence involved continued public access to the North Inlet portion
         of the Reserve for fishing, maintenance dredging for commercial
         shipping purposes, and dredge disposal sites. Appendix M
         addresses written and oral comments received during the review
         process.

         Please provide any comments you may have to Dolores Washington,
         Sanctuaries and Reserves Division, (202) 606-4122, by
         May 2, 1992.

         Attachment


         Distribution:


         T. Coxe, OCRM
         J. Burgess, CPO
         V. Allin, PCD
         E. Ozturgut, OME
         C. Ehler, ORCA
         M. O'Connell, GCOS
         D. Cottingham, CSES
         N. Foster, F/PRl
         R. Kifer, NMFS, F/SEC8


                                                                        111 Wd@;




















                                       UNITED STATES


                                 DEPARTMENT OF COMMERCE



                                FINAL ENVIRONMENTAL IMPACT


                                            AND


                                  DRAFT MANAGEMENT PLAN






                                  NORTH INLET/WINYAH BAY


                            NATIONAL ESTUARINE RESEARCH RESERVE



                                         APRIL 1992









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

                            State of South Carolina
                            Belle W. Baruch Institute
                            University of South Carolina
                            Columbia, SC 29208


      @J N')









             DESIGNATIQN:-     'Final Environmental Impact Statement

             TITLE:             Proposed designation of the North Inlet and Mud Bay region of
             Winyah Bay estuaries as a National Estuarine Research Reserve and preparation of a
             draft management plan.

             ABSTRACT:          The state of South Carolina proposes the designation of a site in
             the North Inlet/Winyah Bay estuaries as a component of the National Estuarine
             Research Reserve System. The core area of the site encompasses 9,000 acres of
             uplands, wetlands and open waters and a buffer zone of about 80 acres.

                   Federal financial assistance for operations, management, and development are
             requested by the state of South Carolina. These funds accompanied by the required
             30 percent state match will be used for basic program activities, including research
             and educational projects, and for the preparation of a final management plan for the
             NI/WB NERR in South Carolina. Appropriate Memorandums of Understanding are
             included for those portions of the site which are on state government or private
             property. The proposed reserve will be managed by the Belle W. Baruch Institute for
             Marine Biology and Coastal Research, the University of South Carolina.

                   Approval of this proposal will allow for the establishment of an estuarine
             research reserve in South Carolina representing the Subregion of the Carolinian
             Biogeographic Region. The proposed reserve will be used primarily for research and
             education purposes, particularly as a tool for improving coastal decision making. No
             new regulations are proposed as a result of this action. Traditional uses within the
             proposed reserve boundaries will continue under existing local and state laws and
             private landowner 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 North Inlet and Winyah Bay region and encourage
             research projects consistent with the reserve's role as a natural field laboratory.

                   Submit any written comments to the contact identified below.


             Applicant:         South Carolina Coastal Council
                                Ashley Corporate Center
                                4130 Faber Place
                                Suite 300
                                Charleston, SC 29405

             Contact:           Mr. Steven Snyder

             Applicant:         Belle W. Baruch Institute or Marine Biology and Coastal Research
                                University of South Carolina
                                Columbia, SC 29208

             Contact:           Dr. F. John Vernberg, Project Manager









             Lead Agency!      U.S. Department of Commerce
                               National Oceanic and Atmospheric
                               Administration
                               Office of Ocean and Coastal Resource Management

             Contact:          Ms. Annie Hillary
                               Acting Chief, Atlantic and Great Lakes Region, Sanctuaries
                               and Reserves Division
                               Office of Ocean and Coastal Resource Management
                               1825 Connecticut Avenue, N.W.
                               Washington, D.C. 20235













                                            TABLE OF CONTENTS


                                                                                               PAGE
             COVER SHEET


             TABLE OF CONTENTS


             LIST OF FIGURES


             LIST OF TABLES


             ACRONYMS


             EXECUTIVE SUMMARY



             I.     PURPOSE OF AND NEED FOR ACTION                                             1


                    A.     National Estuarine Research Reserve System (NERRS)                  1
                           1 .   Federal Leg is lation/Autho rity                              1
                           2.    NERRS Program                                                 1
                           3.    Concept of Biogeographic Zones                                2
                           4.    Existing National Estuarine Research Reserves                 2
                           5.    NERRS Funding Types and Limits                                5
                           6.    Federal Role After Designation                                6

                    B.     Proposed North Inlet/Winyah Bay NERR                                7
                           1 .   Background                                                    7
                           2.    Site Selection Process                                        13
                                 a.     Biogeographical Representation                         14
                                 b.     Ecosystem Representation                               14
                                 C.     Ecological Characteristics                             14
                                 d.     Naturalness                                            14
                                 e.     Research Potential                                     14
                                 f.     Educational Opportunities                              14
                                 9.     Management Considerations                              14

                    C.     Reserve Goals and Management Objectives                             17
                           1.    Resource Protection                                           17
                           2.    Research and Monitoring                                       18
                           3.    Education, Interpretation, and Recreation                     18
                           4.    Facility Development                                          18
                           5.    Public Access                                                 18











                     ALTERNATIVES (INCLUDING THE PROPOSED ACTION)                                18

                     A.     Preferred Alternative                                                19
                            1      General Description and Biogeographic Classification          19
                                   of the North Inlet/Winyah Bay NERR
                            2.     Location and Access                                           20
                            3.     Boundaries and Acquisition Plan                               20
                            4.     Draft Management Plan                                         22
                                   a.     Overall Management and Development Concept             22
                                   b.     General Policies                                       24
                                   C.     Administration                                         25
                                          (1)   Administrative Framework                         25
                                          (2)   Resource Protection: Roles and                   30
                                                Responsibilities
                                          (3)   Research and Monitoring                          31
                                          (4)   Education                                        31
                                          (5)   Facilities Development                           31
                                          (6)   Proposed Administration    Staff                 31
                                          (7)   Enabling Agreements                              34
                                          (8)   Federal Government - NOAA Program                34
                                                Review
                                          (9)   Proposed Implementation Timetable                35
                                          (10)  Public Access                                    35
                                          (11)  General Permits and Licenses                     39
                                   d.     Resource Protection                                    39
                                          (1)   Rationale and Goals                              39
                                          (2)   General Policy Areas                             .40
                                          (3)   Management and Administration                    41
                                          (4)   Habitat Restoration                              47
                                          (5)   Relationship to Other Program Areas              47
                                   e.     Research and Monitoring                                48
                                          (1)   Rationale and Goals                              48
                                          (2)   Research and Monitoring Priorities               51
                                          (3)   Management and Administration                    54
                                   f.     Education and Interpretation                           58
                                          (1)   Goal                                             58
                                          (2)   General Context for Management                   59
                                          (3)   General Policies                                 59
                                          (4)   Interpretive Themes and Messages                 60
                                          (5)   Printed and Audiovisual Materials                60
                                          (6)   Exhibits, Signs, and Promotional                 61
                                                Materials
                                          (7)   Program Activities and Services                  62
                                          (8)   Public Access and, Recreation                    63











                                     9.     Facilities Development and Staff Requirements             64
                                            (1)    Facilities                                         64
                                            (2)    Goal                                               65
                                            (3)    Staffing Requirements                              65

                      B.     Other Alternatives Considered                                            66
                             1.      No Action/Status Quo                                             66
                             2.      Alternative Sites                                                66
                             3.      Alternative Boundaries                                           67
                                     a.     Inclusion of Debidue Island and the Northern              67
                                            Marsh Region
                                     b.     Inclusion of-the Upland Forest                            67
                                     C.     Inclusion of all of Winyah Bay                            67
                                     d.     Exclusion of Winyah Bay                                   68
                             4.      Alternative Management Strategies                                68


                      AFFECTED ENVIRONMENT                                                            69
                      A.     Resources                                                                69
                             1.      Environmental Conditions                                         69
                                     a.     Uniqueness                                                69
                                     b.     Hydrology                                                 69
                                     C.     Geology                                                   72
                                     d.     Climate                                                   72
                             2.      Living Resources                                                 73
                             3.      Cultural and Historical Resources                                73


                      B.     Uses                                                                     74
                             1.      Prior                                                            74
                             2.      Existing                                                         74
                                     a.     Recreation                                                74
                                     b.     Agricultural and Residential                              74
                                     C.     Industrial and Port Related                               75
                                     d.     Research and Education                                    75
                                     e.     Present Land Use                                          76
                             3.      Future Land and Resource Use                                     76











               IV.    ENVIRONMENTAL CONSEQUENCES OF PROPOSED ACTION                                  77


                      A.     General                                                                 77
                      B.     Specific Impacts                                                        77
                             1 .    Visitor Use                                                      78
                             2.     Construcion                                                      78
                             3.     Litter                                                           78
                             4.     Impacts on the Natural Environment                               79
                                    a.     General                                                   79
                                    b.     Adjacent Uplands                                          74
                                    C.     Adjacent Uplands and Open Water                           79
                                    d.     Biota                                                     80
                                    e.     Water Quality                                             80
                             5.     Impacts on the Human Environment                                 81
                                    a.     Scientific and Educational                                81
                                    b.     Traditional Uses                                          81
                                    C.     Employment                                                82
                                    d.     Public Participation                                      82
                                    e.     Fiscal                                                    83
                                    f.     Infrastructure: Public Roads and Parking                  83
                                           Areas, Potabie Water Supplies, Sewer
                                           System, and Energy Supplies
                                    9.     Aesthetic                                                 83
                                    h.     Cultural Resources                                        83
                                    i.     Public Access                                             84


                      C.     Irreversible or Irretrievable Commitment of Resources                   84


                      D.     Possible Conflicts Between the Proposed Action and                      84
                             the Objectives of Federal, State, Regional, and
                             Local Use Plans, Controls for the Area Concerned



              V.      LIST OF PREPARERS                                                              85



              VI.     LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS                                   87
                      RECEIVING COPIES OF THE FEIS/DMP



              VII.    SELECTED REFERENCES                                                            92










                                                 LIST OF FIGURES


              Figure                                                                             Page

              1 .   Designated and Proposed National Estuarine Research Reserves                 3

              2.    NI-WB Site                                                                   10

              3.    Location Map for Proposed NERR Sites in South Carolina                       16

              4.    NI/WB NERR Proposed Management Structure                                     23

              5.    Belle W. Baruch Foundation Management Areas                             Appendix A

              6.    System Model of North Inlet                                             Appendix F-3

              7.    Dynamics of N and C Exchange                                            Appendix F-3

              8.    Carbon Budget of NI Estuary                                             Appendix F-4



                                                 LIST OF TABLES



              Table                                                                              Page

              1 .   Implementation: Operation and Facilities                                     37

              2.    Implementation: Staff                                                        38

              3.    Summary of "Networking" Activities                                           43

              4.    Activities Regulated Through Direct and/or                                   45
                    Consistency Certification by South Carolina
                    Coastal Council


              5.    State Agency Permits Subject to Coastal Zone                                 46
                    Consistency Review by South Carolina
                    Coastal Council
















                                          ACRONYMS



          BI         Belle W. Baruch institute for Marine Biology and Coastal
                     Research


          DMP        Draft Management Plan

          EPA        Environmental Protection Agency

          FEIS/DMP   Final Environmental Impact Statement/Draft Management Plan

          LTER       Long-Term Ecological Research

          MOU        Memorandum of Understanding

          NERRS      National Estuarine Research Reserve System

          NI/WB
            NERR     North Inlet/Winyah Bay National Estuarine Research Reserve

          NOAA       National Oceanic and Atmospheric Administration

          OCRM       Office of Ocean and Coastal Resource Management (NOAA)

          ORW        Outstanding Resource Waters

          SCDHEC     South Carolina Department of Health and Environmental Control

          SCDWMR     South Carolina Department of Wildlife and Marine Resources

          SFH        Shellfish Harvesting Waters

          SRD        Sanctuaries and Reserves Division (NOAA)

          USC        The University 'of South Carolina











                                             EXECUTIVE SUMMARY



                    Section 315 of the Federal Coastal Zone Management Act of 1972 established
              the National Estuarine Research Reserve System (originally called the National
              Estuarine Sanctuary Program) as a Federal/state cooperative venture.              Federal
              matching funds are available to coastal states to develop and manage a national
              system of estuarine research reserves which are representative of various regions and
              estuarine types in the United States. In addition, annual Federal matching funds for
              research and education projects are available. The goal of the program is to protect
              areas of representative estuaries, including valuable wetland habitat, for use as natural
              field laboratories. National Estuarine Research Reserves (NERRS) 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 National Estuarine Research Reserve System (NERRS) has established a
              classification scheme that reflects differences in regional biogeography and estuarine
              typology to ensure that established sites are representative and that a variety of
              ecosystem types are included. The biogeographic classification scheme and estuarine
              typology system are shown in Appendix D. The North Inlet/Winyah Bay NERRS
              (NI/WB NERR) is in Northern Carolinas section of the Carolinian Biogeographic
              Classification Scheme.


                    The North Inlet/Winyah Bay NERR is being proposed by the Belle W. Baruch
              Institute for Marine Biology and Coastal Research, University of South Carolina, a
              State agency, in cooperation with the South Carolina Coastal Council (SCCC), the
              state's lead agency in coastal zone management. In 1990 the Governor of South
              Carolina nominated the site to NOAA and it was approved.

                    The NI/WB NERR encompasses a core area of approximately 9,000 acres of
              tidally flushed wetland, raparian habitats, and a limited amount of upland habitats (the
              Marsh Islands and lands associated with the laboratory complex, the Kimbel Living
              Center and the Clambank Landing area). Portions of the proposed Reserve are owned
              by the Belle W. Baruch Foundation which was established in perpetuity to preserve
              and conserve the environmental qualities of their property as well as to preserve its
              historical and cultural value.    The Baruch Institute, USC, through a long-term
              agreement with the Foundation and signed by the SC Attorney General manages that
              portion of their lands which are proposed to be part of the Reserve. The Foundation
              has given their approval for their lands described in this plan to be included in the
              Reserve. This area is in Georgetown County immediately east of Winyah Bay near
              Georgetown, SC and south of the Debordieu Colony property located on the


                                                          i









               Waccamaw Neck :peninsula. This area was selected after an exhaustive selection
               process and a series of public meetings. It includes an undisturbed estuary (North
               Inlet) and an estuary which has been influenced by human activities (Winyah Bay).
               The Belle W. Baruch Institute for Marine Biology and Coastal Research, The University
               of South Carolina, as stated in a MOU with the South Carolina Coastal Council and
               NOAA, is the lead agency.

                      The purpose of the proposed NI/WB NERR is to establish and manage the areas
               within the boundaries as natural field laboratories and to develop a coordinated
               program of research and education for the reserve. Comparative ecosystem studies
               involving an undisturbed system and a man-influenced estuary will provide valuable
               scientific insights in the ecological processes controlling estuaries.            Under the
               preferred alternative, the SC Coastal Council designated the Baruch Institute of the
               University of South Carolina (a state agency) to be the lead agency operating the
               Reserve in cooperation with the Belle W. Baruch Foundation, neighboring landowners,
               private citizens, state and Federal agencies, and advisory committees.

                      Proposed     reserve    staff   will   initially  include   a    Reserve      Manager,
               Research/Resource Coordinator, Education Coordinator, and Secretary/Data Processor.
               The Reserve Manager will be the principal administrator of the Reserve and will be
               responsible for ensuring that the policies contained in the Reserve Management Plan
               are followed. This person will be employed and supervised by the Director of the
               Baruch Institute, USC.        The Research/Resource Coordinator will develop and
               implement a resource assessment program, including long-term monitoring and
               research activities. The Education Coordinator will develop and coordinate education
               program activities that are consistent with the goals and objectives of the Reserve and
               the NERRS Network. The secretary/data processor will assist the program staff by
               providing secretarial service and also assisting with data processing.

                      Research and education programs will gather and make available information
               necessary to improve understanding, appreciation, and management of the reserve
               site and national research and management issues. The NI/WB Reserve activities will
               augment, not replace, activities of other government agencies and the site owners.
               Traditional uses of the sites will continue and current site access policies will be
               enforced to protect the integrity of the reserve. Facilities will be developed as
               necessary to aid in research and education.

                      In addition to the preferred alternative, four other alternatives are discussed
               including no action/status quo, alternative sites, alternative boundaries, and alternative
               management strategies. Under the no action/status quo alternative, the designation
               of this site would not be pursued, and there would be no change in the current
               management direction or level of management activity. Several other sites were
               considered early in the site selection process. However, they were rejected in favor
               of the North Inlet/Winyah Bay site because no alternative site in this section of the


                                                             ii









             Carolinian Biogeographic Classification Scheme has the unique characteristics of the
             proposed North Inlet/Winyah Bay site. Alternative boundaries were considered and
             discarded for scientific, ownership, or management reasons. Three alternative
             management strategies were considered but they proved to be less efficient from a
             management viewpoint and less scientifically productive.

                    Valuable natural resources will be protected for lo        ng-term research and
             education by designation of the reserve. Natural resources affected by the proposed
             action include diverse, highly productive estuarine system (North Inlet) made up of
             wetlands and open water. The comparison of responses of an undisturbed estuary
             (North Inlet) with those responses of an estuarine system influenced by human
             activities (Winyah Bay) will provide useful data on resource utilization, protection, and
             restoration. In addition to the natural resources, the proposed Reserve is endowed
             with nearby cultural reservoirs, including important historical and archaeological sites
             located on adjacent highlands.

                    Traditional public uses of the proposed site will not be altered. These uses
             include boating, fishing, observation of wildlife, swimming and recreational harvesting
             of oysters and clams as permitted by state laws. Traditional uses of Winyah Bay
             permitted by state and Federal agencies will continue, including those associated with
             existing shipping channels.

                    The environmental consequences of the proposed action are strongly positive,
             the primary impact will be long-term protection of the natural resources. No resources
             will be irreversibly or irretrievably lost. On the contrary, these precious resources will
             be provided with long-term protection and will serve both now and in the future as
             sites for important estuarine research and education.

                    The proposed action is in accordance with all relevant state, local and Federal
             regulations and is consistent with the objectives of Federal, state, regional and local
             land use plans, policies and controls for the areas concerned.










                    PURPOSE-0:17 AND NEED FOR ACTION


                    A.    National Estuarine Research Reserve System (NERRS)

                          1 .    Federal Legislation/Authorit

                    In response to intense pressures on the coastal resources of the United States,
             Congress enacted the Coastal Zone Management Act (CZMA). The Act was signed
             into law in 1972, and amended in 1975, 1976, 1977, 1978, 1980, 1986, and 1990.
             The CZMA authorized a Federal grant-in-aid and assistance program to be
             administered by the Secretary of Commerce, who in turn delegated this responsibility
             to the National Oceanic and Atmospheric Administration's (NOAA's) Assistant
             Administrator for Ocean Services and Coastal Zone Management.

                    The Act and its amendments affirm a national interest in the effective
             protection and careful development of the coastal zone by providing financial and
             technical assistance to U.S. coastal states and territories to voluntarily develop and
             implement coastal zone management programs. The Act established a variety of
             grant-in-aid programs to coastal states for purposes of:

             0      Developing coastal zone management programs. (Sec. 305)

             0      Implementing, administering, and funding coastal management programs that
                    receive Federal approval. (Sec. 306)

             0      Establishing and funding coastal zone enhancement objectives. (Sec. 309)

             0      Conducting research, study and training programs to provide scientific and
                    technical support to state coastal zone management programs. (Sec. 310)

             0      Establishing national estuarine research reserves. Funds are available to assist
                    in the acquisition, development, -and operation of reserves, and to support
                    educational or interpretive activities and research and monitoring programs.
                    (Sec. 315)

                           2.     NERRS Program

                    Recognizing   the need to address threats to the country's important and
             sensitive estuarine areas, Congress established the National Estuarine Sanctuary
             Program as Section   315 of the CZMA. (See Appendix C) The reauthorization of the
             CZMA in 1986 included an amendment changing the name of the program to the
             National Estuarine Research Reserve System, reflecting a stronger emphasis on
             research. What were formerly "sanctuaries" are now called "research reserves." The
             goal of the program is to create a system of reserves that represents distinct estuarine









             ecosystems found:nat   ionally and to manage these areas for long-term research and
             education. Although the program is national in scope, individual states are responsible
             for implementing and administering their own programs. The CZMA was reauthorized
             in 1990.    Regulations revised the process for designation of research reserves.
             Greater emphasis is placed on the use of reserves to address national estuarine
             research and management issues, and to make maximum use of the System for
             research purposes through coordination with NOAA and other Federal and state
             agencies which are sponsoring estuarine research. Other activities were emphasized:
             (a)   providing financial assistance to states to enhance public awareness and
             understanding of estuarine areas; (b) providing new guidance for delineating reserve
             boundaries and new procedures for arriving at the most effective and least costly
             approach to acquisition of land; and (c) clarifying the amount of financial assistance
             authorized for each national estuarine reserve and criteria for withdrawing the
             designation of a reserve.

                    Coordination of the National Estuarine Research Reserve System (NERRS) is
             provided by the National Oceanic and Atmospheric Administration (NOAA), specifically
             the Sanctuaries and Reserves Division (SRD). In this Final Environmental Impact
             Statement (FEIS)/Draft Management Plan (DMP), the coordinating entity will be
             referred to simply as NOAA, with the understanding that SRD is actually the
             responsible division within NOAA.

                    Regulations revising the existing rules for the NERRS were proposed in Vol. 55,
             No. 141, pp 29942-29962 of the Federal Register in July 23, 1990. This DMP is
             consistent with these proposed regulations.

                          3.     Concept of Biogeogral2hic Zones

                    To ensure that the National Estuarine Research Reserve System (NERRS)
             includes sites that adequately represent regional and ecological differences, the
             NERRS regulations establish a biogeographical classification scheme that reflects
             regional differences in biogeography and an estuarine typology system which includes
             a variety of ecosystem types. (See Appendix C for a description of the biogeographic
             regions of the United States.).        Upon completion, the NERRS will contain
             representation of the 27 biogeographic regions of the Nation's coastal zone. The
             North Inlet/Winyah Bay National Estuarine Research Reserve (NI/WB NERR) lies in the
             Northern Carolinas sub-region of the Carolinian biogeographic region.

                          4.     Existing National Estuarine Research Reserves

                    At the present time, nineteen reserve sites have been designated across the
             country (Figure 1). Designated sites are:




                                                        2




                                  The Naflonal Estuarine Research
                                                        Reserve System
                                                                                                                                                 C






                                                                                                                                                 (D
                       PadillaBay.WA
                                                                                                                   St. Lawrence
                                                                                                                   Rive Basin, NY                (D
                                                                                                                                                 CL
                                                                                                    Old Woman
                                                                                                    Creek,                                       C1
             South Slough. OR                                                                                             Wells, ME
                                                                                                                       Great Bay NH              0
                                                                                                                        Waquoit       MA         0
                                                                                                                       arraQapse y, RI           (D
                San Francisco                                                                                       H I on River    Y            0-
                Bay, CA                                                                                                flica River, NJ           z
                                                                                                                                                 a
                                                                                                                 Chesapeake Bay, MD              0
                                                                                                                                                 :3
          Elkhotn Slough, CA                                                                                     Ches,apeake Bay, VA             0
                                                                                                                                                 M
                                                                                                                  North Carolina                 co
                                                                                                                                                 C:
                   Tijuana River, CA7                                                                         North Inlet, SC
                                                                                                                                                 :3
                                                                                                           ACE Basin, SC                         (D
                                                                                                           Sapelo Island, GA                     x
                                                                                                                                                 (D
                                                                                                                                                 (n
                                                                                                                                                 (D
                                                                                                            East Coast, FL
                                                                               Weeks Say, AL                                                     0
                                                                                  Apalachicola Bay, FL
               Waimanu Valley, HI
                                                                                                            Rookery Say, FL                      Cn
                                                                                                                                                 CD
                                                                                                                        *Jobos Say, PR           :z
                                                                                                                                                 M
                                                                                                                                ""A"             CA
                                                                                                                                 "6M






                                                                                                                                 tt
                                                                                                                                  N








              Research Reserve                        Bio-geograr)hic Classification

              Wells                                          Acadian
              York County, Maine

              Great Bay                                      Acadian
              Great Bay, New Hampshire

              Waquoit Bay                                    Virginian
              Mashpee and Falmouth, Massachusetts

              Narragansett Bay                               Virginian
              Newport County, Rhode Island

              Hudson River (4 components)                    Virginian
              Stockport Flats, Tivoli Bays,
              Iona Island, Piermont Marsh
              Hudson River, New York

              Chesapeake Bay, Maryland                       Virginian
              (3 components) Anne Arundel,
              Harford, Prince Georges, and
              Somerset Counties


              Chesapeake Bay, Virginia,                      Virginian
              (4 components) York, Gloucester,
              James City, and King William Counties

              North Carolina (4 components)                  Virg inian/Carol inian
              Brunswick, Carteret, Currituck
              and New Hanover Counties


              Sapelo Island                                  Carolinian
              McIntosh County, Georgia

              Rookery Bay                                    West Indian
              Collier County, Florida

              Jobos Bay                                      West Indian
              Guayama, Puerto Rico

              Apalachicola River/Bay                         Louisianan
              Franklin County, Florida



                                                        4









              Weeks Bay                                      Louisianan
              Baldwin County, Alabama

              Tijuana River                                  Californian
              San Diego County, California

              Elkhorn Slough                                 Californian
              Monterey County, California

              South Slough                                   Columbi  an
              Coos Bay, Oregon

              Padilla Bay                                    Columbian
              Skagit County, Washington

              Old Woman Creek                                Great Lakes
              Erie County, Ohio

              Waimanu Valley                                 Insular
              Island of Hawaii, Hawaii



                    In addition, California-San Francisco Bay (San Francisco Bay), New York-St.
              Lawrence River Basin (Acadian), Delaware (Virginian), South Carolina (Carolinian),
              East Coast, Florida (Carolinian) have proposed sites to be included as National
              Estuarine Research Reserves and are in the process of producing environmental impact
              statements and management plans.

                           5.     NERRS Funding Types and Limits (according to Interim Final
                                  regulations 15 CFR Cart 921)

                    Federal funding for a NERR is described in detail below. Briefly, five categories
              of Federal awards are available from NOAA: predesignation awards; acquisition and
              development awards; operation and management awards; research and monitoring
              awards; and education and interpretation awards. The amount of Federal financial
              assistance provided may vary according to program areas; most of the Federal funds
              must be matched by the state or other entities.

                    Although Federal funding has and will be used for initial operation and staffing
              of the NI/WB NERR, the reserve is a state program and must ultimately be funded by
              the state. At a minimum, long-term funds must be provided to help cover general
              operating expenses and the salaries of the reserve manager and support staff. The
              reserve staff will work cooperatively with other agencies to pool resources. Efforts
              will also be made to obtain outside grants and other sources of program revenue.


                                                         5









             These include the- creation of support groups and- endowment funds for the program.
             Support groups have been successfully utilized at other Reserves and may be used as
             models (e.g. the Friends of the Reserve at the Apalachicola Reserve in Florida, the
             Elkhorn Slough Foundation at the Elkhorn Slough Reserve in California, and Friends of
             Jug Bay at JBWS in Maryland).

                    Predesignation awards are available for site selection and post site selection.
             Acquisition and development awards are available prior to reserve designation for
             acquiring interest in land and water areas, performing minor construction, preparing
             plans and specifications, developing the final management plan, and hiring necessary
             staff. After a reserve receives Federal designation, a supplemental acquisition and
             development award is available for acquisition of additional property interests,
             construction of research and education facilities, and restoration projects. Operation
             and management awards are available to manage the reserve and operate programs
             detailed in the management plan. The Federal portion of operation and management
             awards may be used for the support of staff positions.

                    Research and monitoring awards are available on a competitive basis to conduct
             estuarine research and monitoring within the NERR. Any coastal state or qualified
             public or private person may compete for these awards which are available annually.
             Financial assistance awards are available for conducting educational and interpretive
             activities within the NERR. These are available annually on a competitive basis to any
             coastal state entity.

                    More detailed information on NOAA funding can be found in the Federal
             Register 15 CFR Part 921 (Appendix C), As CZMA regulations are amended, funding
             limits and types may change.

                          6.     Federal Role in 1he Research Reserve After Designation

                    According to current, Interim Final NERRS regulations, after designation, NOAA
             will conduct periodic performance evaluations of a reserve at least once every three
             years. Evaluations may be conducted more frequently as determined necessary by
             NOAA. These evaluations are required by Sections 312 and 315 of the Coastal Zone
             Management Act (CZMA) and will follow the evaluations procedures described in
             Section 312.     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 NERR designation regulations, and particularly
             whether the operations and management of the reserve are consistent with and
             further the mission and goals of the NERRS.




                                                       6












                    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. The state must submit a report on
             operation and management of the reserve to NOAA.during the last year.of Federal
             operation and management funds and annually thereafter.

                    If performance evaluations reveal that the operation and management of the
             reserve is deficient or the research is inconsistent with the Reserve Guidelines, 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.

                    B.    The Proposed NI/WB NERR

                    The North Inlet/Winyah Bay NERR is being proposed by the Baruch Institute of
             the University of South Carolina (a state agency) in cooperation with the SCCC, the
             state's lead agency in coastal zone management.

                    The North Inlet/Winyah Bay ecosystems, located near Georgetown, SC, have
             been recognized at the state and national level as sites of particular interest for
             comparative ecological studies. The North Inlet estuary, an ecosystem which is
             relatively unperturbed by humans, has been the site of intensive study for 20 years.
             The Institute of Ecology and the National Science Foundation have given this area a
             rating of 98% for site quality and the SC Department of Health and Environmental
             Control designated North Inlet as an Outstanding Resource Waters (ORW), an area
             possessing unique ecological qualities. For 11 years, this site has served as the only
             estuarine site in a network of 18 sites supported by the National Science Foundation
             for long-term ecological research. In contrast, the nearby Winyah Bay is an estuary
             which has been subjected to the influence of human activities. It is the connection
             to the sea of one of the largest watersheds on the eastcoast south of Chesapeake
             Bay. This proposed NERRS is viewed as an excellent site to provide a long-term
             database for valuable management of coastal resources. Early in the site selection
             process, other areas (Santee Bay and Port Royal 'Sound) were considered as possible
             NERR sites but were eliminated.        The Site Selection Committee felt that the
             comparative study of an undisturbed and a disturbed estuary would provide a unique
             potential for research and education and would augment the variety of estuarine
             systems currently part of the'NERRS system. The South Carolina Attorney General's
             Office has affirmed that the State has adequate protective control over the Reserve's
             resources (see Appendix K).




                                                        7













                                 Background


                    This proposed management plan has been developed according to NOAA
             regulations (15 CFR Part 912) given in Appendix C, using information derived from
             research and public input. It is consistent with the Congressional in     *tent of the
             National Estuarine Research Reserve System (NERRS); the National Oceanic and
             Atmospheric Administration (NOAA), U.S. Department of Commerce-State of South
             Carolina Memorandum of Understanding (MOU) concerningthe North Inlet-Winyah Bay
             National Estuarine Research Reserve Site (NI/WB NERRS); and the provisions of the
             South Carolina Coastal Zone Management Program.

                   The purpose of this proposed management plan is to inform interested parties
             about the reserve and activities that will be conducted. The draft management plan
             establishes goals, program and facility needs, and frameworks, policies, and
             timetables to meet the goals. The plan is flexible and allows for review to make
             improvements in the program. Though it is long-term in scope, the plan will be
             reviewed by NOAA every two years and revised every five years.

                   The NI/WB NERR encompasses a core area of approximately 9,000 acres of
             tidally flushed wetlands, riparian habitats, portions of open water of North Inlet
             Estuary and Winyah Bay, a limited amount of upland habitats (the Marsh Islands and
             lands associated with the laboratory complex, the Kimbel Living Center and the
             Clambank Landing area). This area is in Georgetown County immediately east of
             Winyah Bay near Georgetown, SC, and south of the Debordieu Colony property
             located on the Waccamaw Neck peninsula (Figure 2). Surrounding this core area is
             a buffer zone (about 80 acres) consisting of (a) the ecotone region of transitional
             vegetation between the dominant marsh grasses and the forest vegetation and (b)
             State controlled waters. The core area of the Reserve consists of lands owned by the
             Belle W. Baruch Foundation, known as the Hobcaw Barony, and state-owned
             navigable waters. The Belle W. Baruch Foundation has been established in perpetuity
             to preserve and conserve the ecological and environmental qualities of Hobcaw Barony
             as well as to preserve its historical value.

                   This site, whose goals and objectives are consistent with those of the NERR
             program, was nominated to be a NERR site for the following major reasons:
                                I                                                                           I
               1. The program of the Baruch Institute since it began in 1969 is well known for its
             studies on long-term ecological research--for the past 12 years the National Science
             Foundation has funded the Baruch Institute program as part of the long-term
             ecological research network of national sites.       In addition a well-established
             educational program exists. A continuing education program associated with both the
             Foundation's Nature Center and USC involved approximately 29,000 persons in 1990


                                                      8










                                                   Figure 2. NI-WB Site



                                    79*15'                                                    79*10'


             Georgetown


                                                       A

                                                                                           2-
                                                                                      2"2                Debidue
                                                                                             3
                                                                        13                               Island
                                                       Hobcaw
                                                       Barony
                                                                                                                          33-20-

                              E
                                                                                 n                  North
                                                                                                    Inle t
                                                                                          4-




                          G             H

                                                            Mud                                 North
                                                                                                Island
                       Tinyah                                                                                    N
                            Bay                                   Kj


                                                     J:
                                                                                               Atlantic
                                                                                                  Ocean

                                                                                                 Scale I : 27095

                                                                                                                          33*15'




          Fig. 2. Map of proposed North Inlet/Winyah Bay NERRS and surrounding area. Marshlands are shaded. Waterways, lands,
          and sites referenced in the text are designated as follows:



             1     Debidue Creek             A     Hobcaw entrance, Bellefield Nature      F     Frazier Point
             2     Bass Hole Bay                   Center, and Kimbel Living and           G     Ranger Island
                                                   Learning Center
             3     Cooks Creek               E     Field Laboratory complex                H     1,000 Acre Rice Field
             4     Jones Creek               C     Clarnbank Landing                       I     Marsh Islands
             5     Haulover Creek            D     Rabbit Island                           i     Malady Bush Island
             - -   shipping channel          E     Hare Island                             K     Pumpkinseed Island

                                                                 9











              and the Marine Science Program (BS, MS, Ph.D.) is ranked fourth in the country. In
              addition, at the USC field laboratory exists research and teaching facilities and the
              Kimbel Living Center, consisting of dormitories and a meeting center.

                 2. The site, an excellent example of an undeveloped estuary (North Inlet) being
              located next to a highly developed estuary (Winyah Bay), allows comparative estuarine
              studies on how natural and disturbed estuarine ecosystems function. Results of these
              studies will be applicable when addressing national management questions, a new
              focus of the 1990 reauthorization.


                3. The Belle W. Baruch Foundation was established in 1964 "for the purposes of
              teaching and/or research in forestry, marine biology, and the care and propagation of
              wildlife and flora and fauna in South Carolina, in connection with colleges and/or
              universities in the State of South Carolina". A Tripartite Agreement between the
              Foundation, the University of South Carolina, and Clemson University and approved
              by the South Carolina Attorney General in 1975 established a formal long-term
              agreement for management of the Hobcaw Barony and states that its purpose and
              programs are to preserve and conserve the ecological and environmental qualities of
              its property and to preserve its historical value (see Appendix A for a copy of this
              agreement). As part of this agreement, specific regions of Hobcaw Barony were
              delineated for each university to manage and use in conjunction with the Foundation
              (map of areas included in Appendix A).

                     The Baruch Institute of the University of South Carolina (a state agency) is
              responsible for the marsh-marine portion on the Hobcaw Barony and it is these lands
              which form part of the Reserve. The Trustees discussed the NERR Program at various
              meetings beginning in 1988 and in detail at their December 7, 1990 meeting. They
              approved by mail vote the request that the Baruch Institute, USC enter into an
              agreement with the SC Coastal Council and NOAA to establish the North Inlet/Winyah
              Bay Reserve in accordance with NOAA regulations. The Tripartite Agreement is to be
              renewed in the year 2000 and no significant changes are anticipated. In keeping with
              the spirit of the Tripartite Agreement both universities and the Foundation have made
              long-term commitments to the existing programs. For example, with the approval of
              the Trustees, Clemson University has invested funds in staff to undertake long-term
              projects and to construct a laboratory facility. Also, the University of South Carolina
              has expended $3.2 million for dormitory-meeting center/laboratory complex and is
              funding an extensive teaching and long-term research program that is heavily
              dependent on the availability of Hobcaw Barony. Since the Foundation has allowed
              certain of their lands which the Baruch Institute manages for estuarine research and
              teaching to be included in the Reserve, no funds are requested from NOAA for land
              acquisition, an action consistent with the new 1990 regulations.



                                                        10








               4. The environmental integrity is assured by existing Federal and State legislation
              (see section 11 A 4 d (3) for more details).

                    The regions of Hobcaw Barony which are proposed for inclusion on the Reserve
              were nominated in 1989 as a National Estuarine Research Reserve in accordance with
              Section 315 of the Coastal Zone Management Act of 1972. The Research Reserve
              Site nomination serves to bring together a complex of state and privately owned areas
              in Georgetown County under a coordinated resource. management framework.

                    National Estuarine Research Reserve Sites are areas designated for long-term
              research and education through a joint Federal-state effort and allows for continuation
              of traditional uses as provided by state and Federal law (see Section III B). A primary
              objective of these areas is to provide to the state, region and nation information that
              is useful for decision-making, with respect to the development and/or protection of
              the coast and associated resources. The NI/WB NERR is one of two proposed
              reserves in South Carolina, the other being the ACE River Basin south of Charleston.
              General procedures for selecting, nominating, and administering these sites are
              presented in the National Estuarine Research Regulations (15 CFR Part 921, July 23,
              1990, see Appendix C). The preparation of a management plan is a key requirement
              of these regulations and a means of ensuring that planned activities and development
              within a reserve conform to the original intent of the program.

                    As the southernmost estuarine systems in the Northern Carolinas section of the
              Carolinian Biogeographic Classification Scheme, the NI/WI3 NERRS includes one of the
              few remaining examples of a relatively undisturbed estuary (North Inlet) and a portion
              of a large, man-influenced estuary (Winyah Bay). Having portions of these two very
              distinct estuarine systems as part of the reserve allows for the development of
              research and educational programs comparing a wide spectrum of estuarine uses and
              ecological processes, from pristine to developed regions. In contrast to North Inlet,
              Winyah Bay has undergone substantial changes in the past, including episodes of
              increased or decreased freshwater flow, increased sedimentation, and measurable
              deterioration of water quality. These     changes and the unique character of the
              freshwater, brackish, and high salinity wetlands provide a basis for research which will
              contribute to our understanding the ecology of a full range of diverse southeastern
              estuarine systems.

                    The plan provides the basis for various government agencies, universities,
              industry representatives, and private groups of concerned citizens to make
              recommendations about the protection and careful use of the estuaries.               The
              management plan complements existing SC Coastal Council policies and is consistent
              with state and Federal jurisdiction over tidal waters within the Reserve, and the
              objectives and regulations established by the Belle W. Baruch Foundation for the
              marshlands they own which are included in the Reserve. It includes general policies



                                                         11










             concerning resources and resource-use that will guide the NI/WB NERRS management
             team over the next five to ten years. Specific actions are also described for resource
             protection, research, education, and facility development.

                    The successful implementation of this plan depends heavily on cooperation and
             coordination among the Belle W. Baruch Foundation, The University of South Carolina,
             the South Carolina Coastal Council and other relevant state and Federal agencies. An
             Advisory Committee, consisting of representatives from government agencies, the
             Belle W. Baruch Foundation, The University of South Carolina, and the local
             community, will advise the Reserve staff. In addition, the Reserve staff will hold
             periodic public forums on the status of the Reserve.

                    Variable funding for staff and program development may affect specific aspects
             of Reserve management as described in this plan and the scale of programs may have
             to be adjusted based on unforeseeable factors. Nonetheless, the overall goals and
             management objectives of this plan will not be affected by variable funding.

                          2.     Site Selection Process


                    On October 29, 1988, the S.C. NERRS Site Selection Advisory Committee was
             appointed by Senator John C. Hayes, 111, Chairman of the SCCC.

                    The purpose of the committee was to consider potential NERR sites in South
             Carolina and to make a recommendation to the SCCC of one or more sites for
             inclusion in the national system. Staff of the SCCC served as staff to the Committee.

                    At an organizational meeting on November 14, 1988, the committee appointed
             two subcommittees to study two potential sites - the ACE Basin, which had been
             recommended by Governor Carroll Campbell, and the North Inlet-Winyah Bay site, an
             area which had been considered in the past as a potential reserve site. At the next
             meeting on February 6, 1989, both sub-committees gave reports on their respective
             sites. The sub-committee reports indicated both sites appeared to meet criteria for
             the NERRS Program and public comments should be sought. The Site Selection
             Advisory Committee voted to approve the sub-committees' reports for both the ACE
             Basin and North Inlet-Winyah Bay sites and moved to proceed with obtaining public
             comment.


                    A public hearing on the NI/WB site was held on May 17, 1989, in Georgetown,
             South Carolina. Concern was expressed about a possible impact on the shipping
             industry as well as public access. On July 17, 1989, the Site Selection Committee
             voted unanimously to recommend to the SCCC that both sites be nominated for
             inclusion in the NERRS. The committee also recommended that all public concerns
             must be thoroughly addressed during development of a management plan. At its


                                                       12












             meeting of July 21, 1989, the SCCC, on recommendation of the site selection
             committee, approved the ACE Basin site and the North Inlet/Winyah Bay site for
             nomination to NERRS. Upon this decision, Council staff, in conjunction with staff
             from the South Carolina Wildlife and Marine Resources Department and Belle W.
             Baruch Institute, began preparation of the nomination package for submittal to NOAA
             under signature of Governor Campbell. On January 24, 1990, Governor Carroll
             Campbell nominated the ACE Basin and the North Inlet/Winyah Bay as separate
             Reserves because each site is located in a different biogeographic region (Appendix
             G and Figure 3).      These two areas represent different zones of Biogeographic
             Classification Scheme: NI/WI3 site is in the Northern Carolinian Province and the ACE
             Basin site the South Atlantic portion of,this province. The sites differ in their ecology
             and habitat types.

                    Nomination of these sites was made only after a thorough review of site
             evaluation criteria and the input of coastal scientists, state and local officials, affected
             landowners and the general public. Site selection criteria included:

                                   a.     Biogeographical Regresentatio - whether the site represents
             the ecological conditions of the biogeographic zone of the Carolinian-South Atlantic
             Sub-Region in which it is found, fills a void in biogeographic representation in the state
             of S.C. and does not duplicate biogeographic representation in the Region;

                                   b.     Ecosystem Representation - whether the site encompasses
             an entire ecological unit, represents a'significant component of the coastal ecosystem
             in light of the types of geomorphic features and biotic communities which are found
             in the state's coastal zone, fills a void in ecosystem representation in the state, and
             does not duplicate ecosystem representation in the Region;

                                   C.     Ecological Characteristics - whether the area's ecological
             characteristics contribute substantially to the quality of the estuarine environment
             through its biological productivity, diversity of flora and fauna, and other
             demonstrated ecological values and functions;

                                   d.     Naturalness - whether the site is relatively unaffected by
             past and present human activities and approximates a natural ecological unit where
             ecosystem processes can be studied in an undisturbed setting;

                                   e.     Research Potential - whether the site provides a natural field
             laboratory, has a history of research use or is desirable for use as a research site, and
             is important for addressing fundamental ecological questions and local coastal
             resource problems;



                                                          13










                                         Educational Opportunities - whether the site is accessible
              and provides opportunities for educational and interpretive programs which are
              compatible with the research reserve character as a natural field laboratory; and

                                  9.     Management Considerations - whether the site available for
              incorporation into the NERRS can be protected under some type of formal mechanism
              (long-term management agreement, MOU), is of adequate size to assure effective
              protection from activities outside its boundaries, and will provide a stable environment
              for research and educational activities.


                    NOAA approved the site nomination on March 27, 1990 (Appendix H). This
              approval moved the Baruch Institute into the next phase of the designation process
              for the NI/WB NERR; preparation of this FEIS and final management plan (FMP).
              NOAA awarded SCCC $50,000 in Federal pre-designation funds to complete the
              DEIS/DMP and site characterization for the NI/WB site. The state is providing the
              required match through the Baruch Institute and SCCC. On November 20, 1991, a
              public hearing to review the DEIS/DMP was held. Comments at this meeting and
              subsequent written comments were addressed in the HIS distributed in April, 1992.






























                                                        14












                   Figure 3. Location Map for Proposed NERR Sites in South Carolina























                                               C'%'OAS-,AL ZONE



                                                                                NCR 7H INLE




                                                                      CHARLESTON



                                                          A SH.--P C 0 - C CMBA HZE-
                                                             ED IS 70 (A d E) SI TE
                 40           so
        SCALE' J"=4C MILIS                              N

                     Figure 3. Location 4ap for ?roposed NERRS Sites in South Carolina.



                                                  15











                   C.     Reserve Goals and Management Objectives

                   The purpose of the NI/WI3 NERR is to establish and operate a Reserve
             consisting of two estuaries which represent the diversity of coastal ecosystems found
             within the region: an undeveloped high salinity estuary and a human-influenced, large
             salt-wedge estuary. This National Estuarine Research Reserve will be managed by the
             Belle W. Baruch Institute for Marine Biology and Coastal Research of The University
             of South Carolina (a state agency) in agreement with the MOU between NOAA, the
             South Carolina Coastal Council and the Baruch Institute (see Appendix B). Although
             the Baruch Institute, USC will be the lead agency, it will work closely with the SC
             Coastal Council and NOAA. Within the areas owned by the Belle W. Baruch
             Foundation, only those activities which are consistent with the objectives of the
             Foundation, the Reserve Program and state and Federal regulations and approved by
             the Foundation will be permitted (see Section 11 A for details).

                   NI/WB NERR will be managed to meet specific goals and objectives. The goals
             are long-term and somewhat open-ended, focusing on desired conditions rather than
             specific actions; the objectives are short-term, measurable steps that can be taken to
             fulfill the goals. The various activities and programs recommended for implementation
             under this plan are aimed at achieving the objectives and thereby fulfilling the goals.
             Each of the following four programs and activities are discussed in greater detail in
             Section 11.


                          1.     Resource Protection Program

                   This program is to protect the natural status of the ecosystem of the Reserve
             from disruptive activities. The site will be managed to afford the maximum protection
             of this environmental integrity to achieve the goals described in this management plan.
             The SC Coastal Council is responsible under Act 123 (Coastal Zone Management Act)
             of the 1977 South Carolina General Assembly to protect and improve coastal
             tidelands and wetlands. The entire core area of the NI/WB NERR, with the exception
             of the high ground portion of the few scatter islands located in Winyah Bay proper,
             owned by the Baruch Foundation, is under the protection of the SC Coastal Council
             according to authority under the CZMA (see Section 11 A for details of management
             program). The lands of the Baruch Foundation to be included in the NERR have been
             set aside in perpetuity for conservation and the study of marine biology and forestry.
             The Baruch Institute has a long-term agreement with the Foundation to manage the
             lands to be included in the NERR (see Appendix A). The Foundation provides security
             for the protection of their resources.





                                                       17










                           2.     Research and Monitoring Program

                    The Research and Monitoring Program will conduct comparative research on an
             undisturbed estuary (North Inlet) and a man-influenced estuary (Winyah Bay) in order
             to achieve an understanding of the entire estuarine system and its watershed.
             Research results will provide a scientific basis for making decisions about coastal zone
             management. Various environmental parameters wilf be monitored on, a long-term
             basis to detect natural interannual variation.


                           3.     Education, Interpretation and Recreation

                    This program is to enhance public awareness, understanding, and wise use of
             estuarine resources in the North Inlet and Winyah Bay estuaries. In addition, this
             program will provide for traditional uses of Reserve as provided by state and Federal
             laws.


                           4.     Eacility Development

                    This program is to provide the necessary facilities for research and educational
             activities.


                           5.     Public Access


                    This program is to provide public access following existing practices and NERRS
             regulations. NERRS regulations require that reserves shall be open to the public to the
             extent permitted under State and Federal law. Public access may be restricted to
             certain areas within a research reserve. The Reserve policy will continue the current
             practice that the public has access to the North Inlet and Winyah Bay portions of the
             Reserve by boat, including power boats. According to Federal and State laws, no tidal
             waters can be restricted to public access. Currently, public access to the uplands
             portions of the property, including areas designated to be included in the Reserve
             boundaries is restricted.    However, authorized individuals involved in approved
             projects utilizing the resources of the Reserve can gain access to the upland laboratory
             area by entering through an electrically controlled gate near U.S. 17. Other members
             of the public will be welcomed at the Nature Center and will be provided access to the
             uplands through scheduled tours of the Reserve. For further details of this program
             see IlAa 4c (10) and IV 5B i.

             11.    Alternatives (including the Proposed Action)

                    The action under consideration by NOAA is a proposal from the State of South
             Carolina to establish a NERR in the North Inlet/Winyah Bay region of Georgetown
             County.


                                                        18









                    This section considers a number of reasonable alternatives which were analyzed
             during development of this document. The "preferred alternative" is the one the
             Baruch Institute believes would fulfill its mission and responsibilities in the North
             Inlet/Winyah Bay estuarine systems. It has been developed in detail as the proposed
             management plan, giving consideration to economic, environmental, traditional uses
             and other factors. The "no action" alternative proposes that the NI/WB site not be
             designated as a NERR and there is no change from current management direction or
             level of management intensity.       Other alternatives discussed include boundary
             modifications and different management options.

                    A.     Preferred Alternative


                           1 .   General Description and Blo-agoarnhic Classification of.the North
                                 Inlet/Winyah Bay NERR



                    The proposed NI/WB NERR is the southernmost estuarine system in the
             Northern Carolinas section of the Carolinian Biogeographic Classification Scheme. It
             is unique in a local, regional, and national context. It consists of parts of two
             estuarine systems, an undisturbed estuary (North Inlet) and portions of an estuary
             which has been influenced by human activities (Winyah Bay). The North Inlet Estuary
             represents a discrete, high salinity estuarine system that is surrounded almost entirely
             (90%) by highlands owned by the Belle W. Baruch Foundation. The wetland portion
             of the estuary is managed by the Baruch Institute, University of South Carolina, a
             state agency, and the State of South Carolina. The remaining highlands that are part
             of the Debordieu Colony, an exclusive re Aential development, and North Island,
             owned by the Yawkey Foundation and managed by the SC Wildlife and Marine
             Resources Department, do not border on the core region of the reserve. Winyah Bay
             is one of the major estuarine ecosystems in the southeastern United States. The
             entire Winyah Bay watershed is approximately 18,000 square miles. Only the Mud
             Bay region of Winyah Bay, which interconnects with North Inlet estuary, is included
             as part of the reserve.

                    The North Inlet system offers outstanding examples of coastal wetland habitats
             that have been subjected to a minimum of human disturbances. In contrast, the
             neighboring Winyah Bay has been subjected to various industrial, residential,
             commercial, shipping, and dredging activities in addition to receiving drainage waters
             from vast regions of North and South Carolina. Together these two estuaries present
             an excellent opportunity to compare and contrast ecosystem responses of an
             undisturbed estuary with those of a disturbed system. Differences in the salinity
             regimes and associated flora and fauna between the North Inlet Estuary and sections
             of Winyah Bay also provide opportunities to conduct comparative research regarding
             ecosystem structure and fisheries habitat utilization.



                                                        19









                           2.     location and Access

                    The proposed North Inlet/Winyah      Bay site, consisting of a core area and a
             buffer zone, is located in Georgetown County, SC. The North Inlet Estuary portion
             of the Reserve is a semi-enclosed body of water surrounded by terrestrial areas
             (Waccamaw Neck, North Island, and Debidue Island), with a major aquatic connection
             to the Atlantic Ocean and minor connections to Winyah Bay. Other areas in the
             Reserve include portions of the wetlands bordering Winyah Bay on the southern side
             of Waccamaw Neck, including the 1000 acre Rice Field, and the Marsh Islands,
             Malady Bush Island, Pumpkinseed Island, and Ranger Islands.

                    Access to the Reserve by land is from highway US 17 about 1 mile north of
             Georgetown. Immediately off the highway is the Nature Center of the Baruch
             Foundation and the USC Kimbel Living Center. An electric gate near the Nature
             Center limits entrance to the main part of the Hobcaw Barony without authorization.
             Research investigators and official visitors utilizing the Reserve facilities will be
             permitted entrance. The research facilities are located approximately 2 miles from the
             entrance gate. Hobcaw Barony is approximately 30 miles south of Myrtle Beach and
             50 miles north of Charleston. Major airlines service both cities.

                           3.    Boundaries and Acguisition Plan

                    Boundaries for a NERR site must include "an adequate portion of the land and
             water areas of the natural system to approximate an ecological unit and to ensure
             effective conservation" (Federal Register, Vol. 53, No. 209, Section 921.11). These
             areas must be discrete enough to be effectively managed, but large enough to make
             long-term research possible. To help focus management efforts, site boundaries
             encompass two zones; key land and water areas (core areas) and buffer zones.

                    NOAA's Guidelines for Establishing Proposed Boundaries for National Estuarine
             Reserves 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 zone
             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 dependent species." It may include an area for research and education
             facilities.





                                                        20










                   Site surveys have been conducted to establish proposed boundaries for the
             NI/WB site. The original boundary lines as described in the nomination document have
             been changed based on recommendations made by: advisory committee, NOAA, site
             property owners, and through, public comments.        Management and acquisition
             strategies, including an MOU with the SC Coastal Council and Tripartite Agreement
             with the Baruch Foundation, establish adequate state control to provide long-term
             protection for reserve resources within these boundaries. No expenditure of Federal
             and state funds will be required for acquisition. No condemnation procedures will be
             used.

                   The North Inlet - Winyah Bay Site boundaries are indicated on Figure 2. The
             northern boundary of the North Inlet Estuary portion of the Reserve begins in the
             northwest at the upper edge of the marsh abutting the uplands of the property of the
             Belle W. Baruch Foundation immediately west of the confluence of Bass Hole Bay and
             Debidue Creek. From this point the northern boundary is the Debidue Creek east to
             where Cooks Creek enters Debidue Creek, then the boundary line extends east to
             Debidue Island. The eastern border extends southward along Debidue Island to North
             Inlet, then continues down Jones Creek to Haulover Creek where the boundary line
             follows Haulover Creek to Mud Bay. The boundary line then extends southward and
             east of the marsh land into Mud Bay past Pumpkinseed Island to a point 150 yards
             north of the existing shipping channel.

                   The southern boundary extends westward from this point, paralleling a line
             which crosses the southern end of the island complex of Malady Bush Island-Marsh
             Islands and Ranger Island at the mean low water mark, a line north of the existing
             shipping channel. West of Ranger Island the boundary line continues north to Frazier
             Point


                   The landward boundary on the North Inlet segment of the reserve is the
             uppermost reaches of existing Spartina alterniflora and includes the highlands
             surrounding the Baruch Institute, USC, laboratory complex and the Clambank Landing
             portions of Goat Island - The landward boundary on the Mud Bay segment of Winyah
             Bay is the dominant wetlands vegetation. In addition the uplands associated with the
             Kimbel Living Center and managed by the Baruch Institute are part of the reserve. It
             is estimated that the core area occupies approximately 9,000 acres.

                   The buffer zone between the core area of wetlands and the upland forested
             ecosystem is that ecotone region of transitional vegetation (approximately 50 m wide,
             approximately 80 acres) between the dominant marsh grasses and the forest
             vegetation. Portions of Debidue Island, marshlands immediately adjacent to the
             northern boundary line, the waters of the Atlantic Ocean adjacent to the mouth of
             North Inlet, North Island (a wildlife refuge owned by the Yawkey Foundation) which
             is south of North Inlet and east of south Jones Creek, and the waters of Winyah Bay


                                                      21









             north of the ship channel form the outer boundary of the buffer zone. These waters
             are subject to state and Federal environmental protection laws and regulations.
             Aquatic areas within the Reserve can be reached by boat via tidal waters which are
             part of the public domain.

                   No acquisition of land is being proposed at present. However, if additional
             parcels are identified that are essential for an expanded research program, it would be
             possible to adjust the Reserve's priorities to consider adding to the Reserve as
             required by NOAA regulations. Through a long-term agreement with the Baruch
             Foundation, the Baruch Institute (a state agency) manages the portion of the
             Foundation's lands to be included in the reserve and the State owns the remaining
             areas of the reserve. The Trustees of the Baruch Foundation have approved the
             Institute's participation in the NERRS program by letter vote after presentation of the
             Draft Management Plan at their December 7, 1990 meeting. This approval is in
             accordance with the Tripartite Agreement. In allowing us to participate in this
             program, they understand the long-term commitment to the NERRS program which
             is consistent with the Foundation goal of establishing their marshlands in perpetuity
             for marine studies.


                          4.     Draft Manaaement Plan


                                 a.    Overall Management and Develol2ment Concegt

                   Management of the North Inlet-Winyah Bay Reserve involves the following
             functions: administration; resource protection; research, monitoring; education; and
             facilities development and land acquisition. The administrative framework ensures
             oversight and coordination of the various functions. The proposed management
             structure of the NI/WB NERR is graphically presented in Figure 4.

                   The primary management goals of the reserve are to:

                   - Establish and manage the North Inlet area within the boundaries of the
             Reserve as a natural field laboratory and the other area (Winyah Bay) as an area
             influenced by human activities. Having these two areas will permit comparative
             ecosystem research on two distinctly different types of estuaries which are in close
             proximity.

                   - Protect research sites and make them available for continuous long-term and
             future studies of the natural processes and ecological relationships shaping and
             sustaining the estuarine system.

                   - Conduct, coordinate and facilitate short- and long-term estuarine research and
             monitoring.



                                                       22











               D            SC Coastal Council                                                                           NOAA
               U)           State Policy and Direction                                                  0 0 0 0 0 a      Coordination, Grants, Performance
               +1                                                                                       0                Evaluations, National Policy and Direction
               C
               0)                                                                                       0
               E                                                                                        0
                                                                                                                                             A
                                                                                                        0

                                                                                                        0
               C
               CO                                                                                       0
                                                                                                        V

                                                                            Baruch Institute Administration
               0
               OL                                                     pol.
               o                                                            Director of the Institute
               CL

               U)
               cc                                                                                              A                                                          Cf)
               cc                                                                                                                                                         Cq
               LU
               z


               M
               (U           N1/WB NERR Advisory Committee                                                       I V
               .S           Programmatic Issues                                                                   Site Management Staff
               4-                                                                                                 She Manager
               C                                                                                                  Education Coordinator
                                                                 - - - - - - - - - -                              Resource/Research Coordinator
                                                                                                                  Secretary/Data Processor
               0
               z
               4
               6            Management responsibility
               i7L          Policy direction           0 0 0 0

                            Feedback                   -    -











      01IIIIIIIIII










                    - Gather and distribute information on estuarine ecosystems that is essential
             to sound decisions regarding the management of coastal resources.

                    - Conduct and coordinate educational activities that increase the public's
             awareness and understanding of estuarine ecosystems, human effects on them, and
             their importance to the State and the nation.

                    - Provide for traditional multiple uses that are consistent with Reserve research
             in order to ensure the continuation of existing traditional uses described elsewhere in
             this document.


                    - Facilitate site access as appropriate for research, education and compatible
             uses, and control access for unallowed uses.


                    - Develop facilities as necessary to aid in research and education.

                    - Promote cooperative management among Federal, state and local agencies
             and reserve property owner.

                    - Coordinate with existing programs in the areas of the reserve to maximize the
             research and educational potentials of the site.

                                 b.     General Policies


                    The following highlights the general policies of the Nl/WB NERR. More specific
             policies are detailed throughout this document in the appropriate sections, (e.g.
             specific research policies are detailed in the Research section).

                                        (1)    Research reserve activities and facilities at the
             Reserve will augment, not replace, the conservation, research, education, and other
             functions of the basic programs currently in operation. Programs should also be
             complementary to the traditional public recreational uses of the area.

                                        (2)    Unless otherwise stated in a Memorandum of
             Understanding (MOU) or other management document, site property owner will
             continue to fund, operate, and administer its lands and facilities, including those
             portions designated in the reserve, and will continue to conduct activities and
             programs under its mandate. Goals of the site property owner and goals of the
             Reserve are compatible. Reserve status does not limit an owner's ability to conduct
             such activities as long as the activities do not adversely affect implementation of the
             Nl/WB NERR Management Plan, conflict with reserve goals, or have any adverse
             impact on the natural resources of the reserve.



                                                       24









                                       (3)    The NI/WB NERR uses a cooperative approach
            involving the Baruch Institute, SC Coastal Council, site owner, local government
            agencies and private organizations. An Advisory Committee will assist in providing
            a forum for input from various interest groups for management of the Reserve.
            Arrangements will be made to share use of existing facilities and to provide basic
            support services to carry out the NI/WB NERR Management Plan.

                                       (4)    Although the SC Coastal Council is the designated
            State Agency to administer SC Coastal Zone Management Program and to receive
            fiscal awards, the Council, through an MOU, has named the Belle W. Baruch Institute,
            USC (a state agency) as the management agency for the NI/WB NERR (see Appendix
            B).

                                       (5)    Present levels of traditional, public, compatible uses
            at and adjacent to the site will continue as provided for by local, state, and Federal
            law. The activities of adjacent property owners will not be restricted by reserve
            designation.        C.     Administration

                                       (1)    Administrative Framework

                   Since NERR programs are delegated by the CZMA to states, the overall program
            responsibility resides with the SC Coastal Council. However the SCCC has designated
            the Baruch Institute, USC (a state agency) to be the management agency, (see MOU,
            Appendix B). Implementation of the various facets of the program, from land planning
            to site management, program development, and enforcement, is accomplished through
            a coordinated and cooperative effort by the Baruch Institute and several state and
            county agencies, universities, private organizations and NI/WB NERR Advisory
            Committees. This type of effort is essential because much of the management
            structure involves existing agencies, laws, and programs.

                                              (a)    Management Agency.

                   The primary responsibility for management of this site will be undertaken by the
            Belle W. Baruch Institute for Marine Biology and Coastal Research, University of South
            Carolina (a state agency). The Institute interacts closely with the Belle W. Baruch
            Foundation in that the Institute has a long-term contract with the Foundation which
            was approved by the SC Attorney General to manage marine lands belonging to the
            Foundation. In addition the Foundation has approved the Institute to participate in the
            NERRS program. The Institute was established in 1969 through the joint action of the
            Baruch Foundation and the University of South Carolina-Columbia. Estuarine research
            was initiated in 1969 and a year-round program with a resident staff started in 1972
            when the first field laboratory was built. Since 1969 the Institute has administered


                                                       25









             over $13 million in grants, contracts, and awards involving multidisciplinary research
             and education.     The Institute is a research branch of the University of South
             Carolina-Columbia and the Director reports to the Dean of the College of Science and
             Mathematics. The Institute is funded by state appropriated funds as well as funds
             from Federal and private sources. The Institute will administer funds provided to the
             South Carolina Coastal Council by NOAA and from other state sources. Every attempt
             will be made to obtain additional funds from private sources to enable the Reserve to
             be as self-sufficient as possible. The personnel associated with the Reserve will be
             employees of USC. Because the objectives of existing programs are very similar to
             those of the NERRS program, no major changes in the existing management strategy
             are planned except for the important addition of Reserve personnel as described
             below. Also, no new state or Federal regulations will be proposed because existing
             Federal, state, and foundation regulations already protect the area proposed to be
             within the site boundaries.


                                               (b)   Other Involved Agencies/Organizations

                                                     (i)    Relationship between SC Coastal
                                                            Council and Management Agency

                    Although the South Carolina Coastal Council is the designated State agency to
             administer programs and receive fiscal awards under the Federal Coastal Zone
             Management Act, the Council chooses not to be involved in direct land acquisition and
             management. Therefore, the Council has designated the Belle W. Baruch Institute for
             Marine Biology and Coastal Research, a state agency and an arm of the University of
             South Carolina, as the management agency for the NI/WB NERR site. Under contract
             with the Council and in cooperation with NOAA, the Institute will be responsible for
             development and implementation of the Management Plan and day-to-day operation
             of the reserve site. The Council will serve as the fiscal agent in acquiring funds from
             NOAA and will provide increased surveillance and enforcement to ensure compliance
             with the Coastal Zone Management Act and the NI/WB NERR Management Plan. The
             Council will also serve on the Reserve's advisory committee and provide input into
             identifying coastal research needs.

                   The purposes of Act 123 of the 1977 South Carolina General Assembly were
             to "establish the South Carolina Coastal Council and provide for its powers and duties
             for the protection and improvement of coastal tidelands and wetlands under a coastal
             zone management plan; provide for enforcement of policies of the Council and
             penalties for violations; and authorize legal proceedings for the determination of
             tideland properties."    Act, 123, better known as the South Carolina Coastal
             Management Act, was implemented in accordance with the Federal Coastal Zone
             Management Act as amended (P.L. 92-583, 94-370) and a subsequent coastal zone




                                                       26










            management program was developed and approved by the U.S. Secretary of
            Commerce in 1979 which met the requirements of 15 CFR part 923 (Federal Register,
            March 1, 1978).

                                                     (J)   Other agencies/organizations

                   Although the Institute will manage the site, interactions with state regulatory
            agencies (i.e., SC Wildlife and Marine Resources Department and the SC Department
            of Health and Environmental Control) will be maintained to ensure protection of the
            site. In addition to interactions with state regulatory agencies, the Baruch Institute,
            USC, has an agreement with the Belle W. Baruch Foundation to manage the
            marsh-marine portions of Hobcaw Barony included in the Reserve under the terms of
            a Tripartite Agreement which exists between the Belle W. Baruch Foundation, The
            University of South Carolina, and Clemson University. This agreement describes the
            role of the two universities in managing the lands associated with the Hobcaw Barony.
            None of the lands managed by Clemson University are included in the Reserve. The
            trustees of the Foundation have established most of the terrestrial habitats adjoining
            the western border of North Inlet and much of the land bordering the Mud Bay section
            of the Reserve as an area for systems ecology research.

                          SC Wildlife and Marine Resources Department, Division of Marine
                          Resources (SCWMR)


                   The Division of Marine Resources is responsible for the conservation and orderly
            development of the state's marine resources through planning, research, management,
            and public education.      The Division also has the primary responsibilities for
            management and development of commercial and recreational fisheries in the coastal
            area, including the regulation and control of commercial fishing seasons (areas and
            equipment), management of public shellfish grounds, and records of fisheries
            statistics. The Division is also active in environmental and ecological concerns,
            especially those which impact coastal fisheries habitats.

                          SC Deoartment of Health and Environmental Control (SCDHEC)


                   The goal of the SCDHEC Shellfish Sanitation Program in South Carolina is to
            ensure that shellfish and the areas from which they are harvested meet the health and
            environmental quality standards provided by Federal and state regulations, laws, and
            guidelines. Additionally, the Department promotes and encourages coastal quality
            management programs consistent with protected uses established through the state
            water classifications and standards program.





                                                       27













                           Belle W. Baruch Institute Forest Science Institute of Clemson University


                     The Belle W. Baruch Forest Science Institute was established to implement an
             agreement between the Belle W. Baruch Foundation and Clemson University to
             accomplish the objectives of The Belle W. Baruch        ' Foundation and of. Clemson
             University relative to education and research in forestry and closely related sciences.
             Although Clemson has no management jurisdiction over the Reserve, it is responsible
             for maintenance of Hobcaw Barony except for the USC Field Laboratory. The Reserve
             will interact with Clemson in matters of mutual interest, as is the current practice.

                           Others


                     Over the course of time, the Reserve Management will interact with other local,
             state, Federal, and private organizations in respect to management activities.

                                                      (iii) Advisory Committees

                     An Advisory Committee will be established which will have one member
             selected (except as noted) from the following agencies and local interest groups:

                     - the Belle W. Baruch Foundation
                     - the marine scientific community (2)
                     - the education community (2)
                     -management of harbor-related industries
                     -labor from harbor-related industries
                     -representative of the Georgetown Sportfishing Association
                     - Georgetown County Chamber of Commerce
                     -South Carolina State Ports Authority
                     -an environmental interest group
                     - the League of Women Voters
                     - a Debordieu Colony land owner
                     - the Yawkey Wildlife Center, SC Wildlife and Marine Resources Department
                     - the Waccamaw Regional Planning Office
                     - the Belle W. Baruch Forestry Institute, Clemson University
                     - the Georgetown County Council
                     - the Georgetown City Council
                     -representative of SC Sea Grant Consortium
                     -representative from SC Waterfowl Association
                     -general public (2)
                     -any others deemed appropriate by the Nominating Committee

                     In addition, a representative of the SC Coastal Council, NOAA (SRD), and the
             Dean of the College of Science and Mathematic.s, USC, will serve as ex-officio,


                                                        28









             non-voting members. The Director of the Baruch Institute, USC, will serve as
             chairperson and will vote in case of ties.

                    The activities of the Advisory Committee will include:

                    - Advising the Reserve Manager on matters of policy relating to planning
                     and operation of the Reserve;

                    -Assisting in seeking support for the research and educational programs
                     and other financial matters;

                    -Assisting in the preparation of any periodic summary or -annual reports on
                     the operations of the Reserve; and

                    -Representing the interests of the users of the Reserve, its neighbors, and
                     the users of information and educational materials generated by the Reserve

                    The Advisory Committee will have regular meetings at least twice a year.
             Special meetings may be called by the chairperson and/or upon the request of five
             committee members. The committee members will receive four weeks written notice
             of regular meetings and two weeks written notice of special meetings.

                    A Nominating Committee, consisting of the Reserve Manager, Education
             Coordinator, Chairman of the Georgetown County Council, President of the Debidue
             Property Owners Association, Executive Director of the Georgetown Chamber of
             Commerce, Superintendent of The Georgetown County School System, President of
             the Georgetown Sportfishing Association, and Director of USC Field Laboratory, will
             submit a list of potential Advisory Committee members to the Chairperson of the SC
             Coastal Council for action. Appointments to the Advisory Committee will be for one
             year with a limit of three successive reappointments. Upon the advice of the Advisory
             Committee, the Chairperson will appoint subcommittees. Initially a Research and
             Monitoring Subcommittee and Education Subcommittee will be established.

                    Research and Monitoring -Subcommittee

                    The Research and Monitoring Subcommittee will consist of appr 'opriate Advisory
             Committee members and other technical representatives from the scientific and
             academic communities. The Subcommittee will advise the full Committee on research
             and monitoring activities with the reserve and will be responsible for the following:

                          Review and approval of priorities for research and monitoring projects;

                          Review research and monitoring proposals and interim and final research
                          and monitoring reports;


                                                      29












                            Monitor and provide advice on local issues and new opportunities for
                            cooperative research and monitoring; and

                            Evaluate overall progress toward achieving research and monitoring
                            priorities and adjust long-term direction accordingly.

                     Education Subcommittee


                    The Education Advisory Subcommittee will be composed of appropriate
             Advisory Committee members and representatives from area institutions of education,
             state agencies involved with education and others. This Subcommittee will be
             responsible for the following:

                            Review and approval of the list of annual priorities for education and
                            interpretation activities for the reserve;

                            Review of education proposals and design proposals for all education and
                            interpretive facilities, displays, media curriculum, training programs, etc.,
                            and monitor progress of specific activities to ensure that they are
                            consistent with the goals of the reserve program and this management
                            plan; and

                            Evaluation progress toward achieving priorities for education and
                            interpretation and adjust long-term priorities accordingly.

                                         (2)    Resource Protection

                    The resource protection goal of the North Inlet/Winyah Bay Reserve is to
             protect the natural ecosystem integrity of the Reserve. This goal is consistent with
             the present protection goal of the SC Coastal Council (as described previously), the
             Belle W. Baruch Foundation, and the Baruch Institute, USC. Existing state and Federal
             laws and regulations also provide for protection of the Reserve. Hence no departure
             from existing practices will occur from designation of the NI/WB NERR. At present
             the Belle W. Baruch Foundation provides funds for personnel to protect the resources
             of Foundation property to be included in the Reserve and the Reserve does not
             currently plan to request funds for this purpose. State and Federal agencies currently
             enforce their regulations in areas under their jurisdiction and will continue to do so
             after the Reserve is established. Reserve personnel will work closely with both the
             Foundation and state and Federal enforcement agencies to increase resource
             protection when necessary.




                                                         30










                                        (3)   Research and Monitoring

                   The Reserve research and monitoring goal is to utilize this site for long-term
             studies to gain a better scientific understanding of how natural and human processes
             influence the ecological dynamics of estuaries and associated habitats. In addition,
             information will be developed which could be useful in the process of decision-making
             by various levels of government. The Reserve's research and monitoring activities
             would augment the Long-Term Ecological Research Program (LTER) currently funded
             by the National Science Foundation. The LTER Database will be continued to provide
             a basis for understanding long-term phenomena.          The Reserve will encourage
             multidisciplinary research on the flora, fauna, water quality and nutrients, geology,
             and physical oceanography of estuaries to help explain ecosystem-level dynamics.
             Modelling at various levels of ecological complexity ranging from populations to
             sub-components of the estuarine system to estuaries to landscapes will be promoted.
             Studies utilizing past research results to address data gaps in our database will be
             encouraged. The Reserve will stimulate the effective use and communication of
             research results.


                                        (4)   Education


                   The Reserve will strive to enhance public awareness, understanding, and wise
             use of estuarine resources. It will promote knowledge of the National Estuarine
             Research Reserve System, the NI/WB Research Reserve, its resources, and its
             programs as well as knowledge of broader coastal issues and concerns related to
             estuarine management and protection. In collaboration with the Baruch Nature Center
             and other organizations, it will provide educational and interpretive services to user
             groups, including teachers, civic groups, and student groups. The Reserve will
             encourage the development of volunteer programs and assist in providing facilities and
             expertise.

                                        (5)   Facilities Development

                   As the program develops, it may be necessary to expand the existing research
             and/or educational facilities.  Any expansion will conform to the existing state
             practices, as well as approval by the Baruch Foundation and various university and
             state committees. If facility funds are provided by NOAA, the development must also
             conform with NOAA regulations (see Appendix C for more details).

                                        (6J   Proposed Administrative Staff

                   An adequate staff is essential to meeting the research, education, and other
             objectives of the NI/WB NERR. Staffing will be met through a combination of support
             from Federal, state, and private organizations. All staff members will be employees


                                                       31









              of USC will be hired according to established university/state policies. The Reserve
              Manager will be the principal administrator of the Reserve and will be responsible for
              ensuring that the NERR policies and regulations contained in the Reserve Management
              Plan are followed. This individual, who will be employed and supervised by the Baruch
              Institute, USC, will report directly to the Institute Director, will be responsible for the
              following activities:

                            (a)    developing and implementing resource management, research and
                                   monitoring, and education programs.

                            (b)    managing of the Reserve's program on a day-to-day basis.

                            (c)    coordinating the NI/WB NERR programs with SC Coastal Council
                                   and NOAA staff


                            (d)    supervising Reserve funded staff

                            (e)    maintaining records and        preparing reports and proposals
                                   associated with Reserve program

                            (f)    coordinating local programs with state and Federal programs, and
                                   attending appropriate meetings

                            (g)    preparing budget and being responsible for expenditures

                            (h)    conducting public relations programs and working with media and
                                   local groups

                            0)     participating in advisory and management committees


                            (j)    coordinating Reserve research activities (visiting and collaborating
                                   scientists) with existing research programs and facilities

                     In addition to the Reserve Manager, two key administrative staff members are
              the Research/Resource Coordinator and the Education Coordinator. Their duties are
              as follows:


                     Research/Resource Coordinator


                            (a)    develop and implement resource assessment program

                            (b)    measure environmental variables as part of long-term monitoring
                                   effort



                                                          32








                           (c)   prepare description and maps Of vegetation and faunal resources

                           (d)   maintain field instruments and accesses to research and education
                                 areas


                           (e)   assist research and education staff with Reserve's field programs

                           (f)   assist protection and regulatory personnel in safe-guarding the
                                 environmental integrity of the site

                   Education Coordinator


                           (a)   develop and coordinate education program activities that are
                                 consistent with the goals and objectives of the Reserve and
                                 NERRS


                           (b)   evaluate the effectiveness of the education program and modify
                                 activities accordingly

                           (c)   monitor and adjust education program activities as necessary to
                                 assure that they do not negatively impact the research and
                                 management goals of the reserve

                           (d)   coordinate reserve education activities with education program
                                 activities of the Bellefield Nature Center, operated by the Belle W.
                                 Baruch Foundation


                           (e)   conduct periodic needs assessments to determine new areas for
                                 program development

                           (f)   assist in the establishment of and serve as a liaison to the
                                 Education Advisory Sub-committee

                           (g)   assist in the establishment and coordination of a volunteer
                                 program

                           (h)   assist in the development of grant proposals to support the
                                 continuation and expansion of the education program

                           (i)   coordinate activities with NOAA (SRD) national education program
                                 coordinator


                    In addition to these three positions a secretary-data processor needs to be hired
             who will be responsible to the Reserve Manager, will handle the various secretarial
             tasks associated with the program, and assist the existing data management program


                                                        33









             with those topics relating to the Reserve's activities. As the program develops, the
             need for additional personnel will be evident.        It is anticipated that a research
             technician(s) will be needed to assist in field studies and monitoring of living resources
             and of physical/chemical/geological factors.

                                         (7)    Enabling Agreements

                    A Memorandum of Understanding (MOU) is established between NOAA, the
             State of South Carolina, and the Baruch Institute, USC for management purposes (see
             Appendix B). This document describes the interaction between NOAA (SRID), SC
             Coastal Council, and the Baruch Institute, USC, a state agency. The MOU establishes
             a commitment on the part of the State and the Baruch Institute, acting for the
             property owners, to protect the natural processes and resources of the site for
             research and education purposes. The MOU describes in detail the relationship
             between the SC Coastal Council and the Baruch Institute and includes information on
             the responsibilities of each party, conditions of financial assistance, and other
             arrangements. The proposed MOU is included in Appendix B.

                    In addition, the Baruch Institute has a long-term tripartite agreement with the
             Baruch Foundation (Appendix A) to manage their marine program, including its lands
             associated with the marine program which are to be included within the boundary of
             the Reserve. The Belle W. Baruch Foundation has been established in perpetuity to
             preserve and conserve the ecological and environmental qualities of Hobcaw Barony
             as well as to preserve its historical value, The Foundation has approved the Institute's
             participation in the NERR system. The other portions of the Reserve are owned by the
             State of South Carolina. No property acquisition is required at present.

                                         (8)    Federal Government - NOAA Program Review

                    The research reserve program operates as a Federal/state partnership. Although
             the management of a reserve is a state's responsibility in the long term, NOAA
             cooperates with and assists the states on a day-to-day basis, and reviews state
             programs regularly. The purpose of the NOAA review is to ensure that a state is
             complying with Federal NERR goals, approved work plans, and reserve management
             plans. The primary mechanisms used by NOAA to review state programs, as well as
             NOAA responsibilities pertaining to reviews, include the following:

                    NOAA staff, in particular the project manager 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 the
             state personnel with reserve management procedures and policies. This cooperative
             approach is needed for a research reserve to be successful. Both oral and written
             communication are necessary, and site visits, as travel funding allows, is advisable.



                                                        34









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

                    The site designation process was 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 processes 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, every three years while Federal financial assistance continues. Ifdeficiencies
             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.


                    The state must submit an annual report after Federal financial assistance for
             operations and management has been discontinued. NOAA will conduct performance
             evaluations at least once every four years after Federal financial assistance for
             operations has stopped.

                                        (9)    Proposed Implementation Timetable

                    The following tables outline the timetable for implementation of the final
             management plan. Table 1 outlines the development of reserve operations and
             facilities. Table 2 outlines annual staff needs for the reserve. The implementation of
             this plan does not represent duplication of previous research nor research currently
             funded by other agencies. Monitoring inventory programs require periodic sampling
             on a long-term basis to establish patterns of interannual variation.

                                         (10) Public Access

                    Section 921.13 (a) (5) of the NERRS regulations requires a plan for public
             access as part of the overall management plan; however, the regulations do not
             specify what the public access plan must contain nor the extent to which the reserve
             must be available for public visitation. The regulations do state that use levels are set




                                                        35










              by individual states and that acceptable uses must be consistent with the program
              mission and goals. In aggregate, the site will contribute to balanced access to the
              whole reserve system.

                    Opportunities for public access are evaluated on the basis of the following
              criteria: (1) sensitivity of resources to human act      'ivities; (2) compatibility with
              research activities; (3) comparability with traditional uses; (4) compatibility with
              adjacent land uses; (5) existing degree of public access. Decisions on access also
              consider the policies of affected property owners.

                    Public access to the Reserve will follow existing practices in that the Public has
              access to the North Inlet and Winyah Bay portions of the Reserve by boat, including
              power boats. Research plots, which will be studied for a finite period of time, will be
              marked with signs requesting that they not be disturbed by the public. According to
              Federal and State laws, no tidal waters can be restricted to public access. The South
              Carolina Coastal Council reaffirmed this policy on public access in a Resolution passed
              on December 13, 1991 (Appendix M).

                    Currently, public access to the upland portions of the property, including areas
              designated to be included in the reserve boundaries, is restricted. The property
              consists of 90 miles of single lane dirt road. In order to protect the habitat and
              sensitive resources from human activities, to protect the integrity of ongoing and
              projected research activities, and maintain the integrity of the adjacent property
              owners, unrestricted use of the uplands portion of the Reserve is not permitted. This
              policy is consistent with current practices for the Foundation property and will remain
              in effect. However, authorized individuals involved in approved projects utilizing the
              resources of the Reserve can gain access to the upland laboratory area by entering
              through an electrically controlled gate near U.S. 17.

















                                                        36









                         Table 1. IMPLEMENTATION: OPERATION AND FACILITIES



              Predesignation            * DEIS/DMP completed
                                        * DMP Advisory Committee
                                        * Some coordination of research projects
                                        * Some coordination of education projects
                                        * Receive comments on DEIS/DMP; then
                                          work to complete FEIS/DMP and FMP

              First year after          * Management plan approved
              FMP approval              * Appoint Advisory Committee
                                        * Increase coordination of education program with Nature
                                          Center
                                        * Increase coordination of research/monitoring programs
                                          with ongoing research
                                        * Initiate monitoring and baseline inventory programs
                                        * Integrate data management system with LTER data
                                          management system
                                        * Develop brochures
                                        * Staff participation in research and education
                                          workshops
                                        * Initiate intersite cooperative programs
                                        * Planning for second year

              Second year               * Continue coordination of site education programs as
                                          they develop
                                        * Increase coordination of research/monitoring/baseline
                                          inventory with ongoing non-NOAA programs
                                        * Develop year round monitoring/baseline inventory studies
                                          Expand research program
                                          Increase research and education workshops
                                          Conduct evaluation of facilities
                                          Planning for third year

              Third year                * Continuation of research, education, monitoring, and
                                          baseline inventory activities
                                        * Planning for fourth year

              Fourth year               * -Continuation of established programs
                                        * Planning for fifth year





                                                      37









                                       Table 2 IMPLEMENTATION: STAFF



               Predesignation             Development of DEIS/DMP, FEIS/DMP and
                                          FMP by J. Vernberg, D. Allen, W. Allen
                                          M. Crosby, and A. Miller

               First year after
               FMP approval               Reserve Manager (full-time, NOAA funded)
                                          Education Coordinator (1/2-time, NOAA)
                                          Resource/Research Coordinator
                                          (full-time, NOAA funded)
                                          Secretary/Data Processor
                                          (8 months NOAA, 1 month State)

               Second year                Reserve Manager (full-time, NOAA funded)
                                          Education Coordinator (3/4-time,
                                          1/2 NOAA, 1/4 State)
                                          Education Specialist (part-time,
                                          NOAA funded)
                                          Resource/Research Coordinator
                                          (full-time, NOAA funded)
                                          Secretary/Data Processor
                                          (8 months NOAA, 1 month State)

               Third year                 Reserve Manager (full-time, NOAA funded)
                                          Education Coordinator (3/4-time,
                                          1/2 NOAA, 1/4 State)
                                          Education Specialist (part-time,
                                          NOAA funded)
                                          Resource/Research Coordinator
                                          (full-time, NOAA funded)
                                          Secretary/Data Processor (8 months NOAA,
                                          1 month State)

               Fourth year                Reserve Manager (full-time, NOAA funded)
                                          Education Coordinator (3/4-time,
                                          1/2 NOAA, 1/4 State)
                                          Education Specialist (part-time,
                                          NOAA funded)
                                          Resource/Research Coordinator
                                          (full-time, NOAA funded)
                                          Secretary/Data Processor
                                          (8 months NOAA, 1 month State)


                                                         38











                      Visits by student groups, participants in workshops and symposia, and other
               special groups can be arranged through formal programs associated with The
               University of South Carolina or the Belle W. Baruch Foundation. Tours of the site will
               be coordinated with the Nature Center of the Belle W. Baruch Foundation. The
               general public can visit the Bellefield Nature Center at the US Highway 17 entrance
               to Hobcaw Barony (approximately 1 mile north of Georgetown and 8 miles south of
               Pawleys Island). The Belle W. Baruch Foundation has been established in perpetuity
               to preserve and conserve the ecological and environmental qualities of Hobcaw Barony
               as well as to preserve its historical value.

                      Access by water to the wetland areas of the Reserve via tidal waters under the
               jurisdiction of state and Federal agencies, however, is permissible by boat, including
               power boats. Members of the public are welcome to carry out traditional recreational
               activities in the tidal waters and marshes, but must adhere to state laws. Thus,
               traditional public uses such as hunting in the marshes, fishing and shellfishing will not
               be infringed upon by the NI/WB NERRS and people are free to access these areas by
               water (see section 11 A and III B for description of traditional uses).

                                          (111) General Permits and Licenses


                                                 (a)    Existing Permits and Licenses

                      Existing requirements for  local, state, and federal permits and licenses will be
               observed and normal application procedures will be followed.

                                                 (b)    Research Reserve Permits

                      Permits will be issued by the Baruch Institute, USC for research activities
               conducted in the reserve. Scientific permit requests will be carefully reviewed through
               the system now in place in the Institute. The Institute has a permit from the
               SCWMRD to collect biological samples in the NI/WB region. New research projects
               not covered by this permit will have to obtain a special permit from the appropriate
               governmental agency. Appropriate enforcement personnel will be notified prior to
               conducting research.

                                   d.     Resource Prgtection

                                          (11    Rationale and Goals


                      The health, productivity, and integrity of the estuarine reserve resources must
               be protected in order to provide a stable environment for research and education
               programs which are used to address coastal management issues. The goals of


                                                          39








              resource protection are to pr   otect the natural status of the ecosystem(s) of the
              Reserve. Specific goals are-

                      -identifying priority resources, gathering baseline information on them, and
                      establishing them as indicators of change.

                      -Developing facilities and equipment as necessary to aid in research.

                      -Seeking agreements with research organizations to facilitate and augment
                      research projects.

                      -Assisting in the collections of important baseline data to use in
                      monitoring differences over time and for making comparisons with other
                      areas.


                      -Preserving estuarine ecosystems for continuous future use as natural field
                      laboratories where information essential to coastal management decisions can
                      be gathered and disseminated.

                      -Ensuring a stable environment for research through long-term protection of
                      estuarine areas, including open water and transitional area wetlands.

                      -Protecting natural, pristine estuarine sites for education and
                      interpretation programs.

                      -Protecting the habitats of estuarine wildlife as an integral part of the natural
                      system.

                      -Controlling access to Hobcaw Barony in accordance with the Tripartite
                      Agreement between the USC Institute, Clemson University and the
                      Foundation.


                      -Preventing degradation of the Reserve by outside activities.

                      -Coordinating activities with the Baruch Foundation, local, state and Federal
                      authorities.


                                         (2)    General Policy Areas

                      Resource protection -will rely on the tripartite agreement between the
              Foundation, USC, and Clemson University as well as a number of existing Federal,
              state and local laws and regulations, enforced by regulatory agencies and Reserve and
              Baruch Foundation staff.       It is also the responsibility of reserve staff to be
              knowledgeable of and involved with land use issues in the vicinity of the Reserve.


                                                         40








                     The 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. Traditional existing activities in the NI/WB NERRS will continue
              at levels currently permitted under local and state laws (see Section III B for details
              on uses). It is not the intent, objective nor desire of the NI/WB NERRS to restrict in
              any manner the legal traditional uses of public waterways that are currently under
              state and Federal jurisdiction and included in the Reserve. The Baruch Foundation will
              continue to regulate activities on its private property which is also included in the
              Reserve. Specific objectives are to:

                     - Coordinate with existing surveillance and enforcement activities
                      provided by the Belle W. Baruch Foundation, state and Federal agencies, 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; and


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

                     Research is one of the primary goals of the Reserve, and it is given highest
              priority in the management plan. Sometimes the success of a research project
              depends on the study site remaining undisturbed. To prevent trampling or other
              unnatural physical disturbances, the researcher may request that signs requesting
              avoidance of the study area be posted. The request would be made to the Reserve
              Manager and reviewed by the Advisory Committee. Typically, study plots are small
              and located in infrequently visited or remote areas so that public travel or access
              patterns would not be disturbed. An information program will be initiated to inform
              the public about the importance of the research sites.

                                         (3)    Management and Administration

              Management of the NERR Site Through the South Carolina Coastal Zone Management
              ProQra


                     The purposes of ACT 123 of the 1977 South Carolina General Assembly were
              to "establish the South Carolina Coastal Council and provide for its powers and duties
              for the protection and improvement of coastal tidelands and wetlands under a coastal
              zone management plan; provide for enforcement of policies of the Council and
              penalties for violations; and authorize legal proceedings for the determination of
              tideland properties."    Act 123, better known as the South Carolina Coastal
              Management Act, was implemented in accordance with the Federal Coastal Zone
              Management Act as amended (P.L. 92-583, 94-370) and a subsequent coastal zone


                                                        .41









               management program was developed and approved by the U.S. Secretary of
               Commerce in 1979 which met the requirements of 15 CFR part 923 (Federal Register,
               March 1, 1978). The South Carolina Attorney General's office has affirmed that the
               State has adequate protective control over the NI/WB NERR (see Appendix K).

               Management of the Critical Areas

                      The South Carolina Coastal Management Act defines the critical area as all
               coastal waters, tidelands, beaches, and primary ocean front sand dunes within the
               coastal zone of the State. A permit is required for any activity which impacts a
               critical area; in order to receive a permit the activity must be evaluated in accordance
               with a strict set of policies and regulations. In summary the policies for wetland areas
               prohibit the permanent alteration of productive salt, brackish, or freshwater wetlands
               unless there is an overriding public interest, no feasible alternatives, and all
               environmental impacts are minimized. Regulated activities include not only major
               activities, such as dredging or filling, but also activities such as pipelines, powerlines,
               docks, piers, intake structures and many others. Table 3 provides a listing of all
               activities which are governed by specific coastal zone management policies.

                      With the exception of the high ground portion of the few scattered islands
               located in Winyah Bay proper, the entire core area of the North Inlet/Winyah Bay
               NERR site is classified as critical area. Any activity which occurs in the critical area
               of the NERR site will be regulated by permit through the South Carolina Coastal Zone
               Management Program.

               Management of Upland Areas (Non-critical area)

                      Both the Federal Coastal Zone Management Act and the South Carolina Coastal
               Management Act require consistency of all direct and regulated State and Federal
               activities which occur in the designated coastal zone of South Carolina. In South
               Carolina the coastal zone includes the entirety of all eight coastal counties which
               border the Atlantic Ocean. Therefore any activity which requires a state or federal
               permit must undergo a coastal zone management consistency determination by the
               South Carolina Coastal Council before the permit can be issued by the issuing State
               or Federal agency. The policies utilized to make a consistency determination are
               similar to those required for critical areas.

                      Federal regulations (115 CFR 930) establish a review procedure with federal
               agencies. The Council has a memorandum of agreement with all regulatory state
               agencies that establishes a consistency determination review procedure. State
               permits which are reviewed for coastal zone management consistency are included
               in Table 3 along with the responsible agency.




                                                           42














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                      In addition to meeting normal rules and regulations, activities associated with
               the above permits which result in a land disturbance (i.e., subdivisions, malls, gas
               stations, etc.) must submit specific plans to address policies and approved guidelines
               of the Coastal Zone Management Program. These plans must conform to coastal zone
               policies before any permits can be issued. These plans include:

                                   Stormwater management plan
                                   Wetland management plan
                                   Dock master plan (if adjacent to coastal waters)

                     In reference to the North Inlet/Winyah Bay NERR, the entire site falls within the
               coastal zone of South Carolina; therefore, any activity which requires one of the
               referenced permits must be consistent with the coastal zone management program
               and the specific policies of the NERRS.


               Enforcement


                     Under the South Carolina Coastal Management Act, the South Carolina Coastal
               Council has responsibility for the protection of coastal tide lands and wetlands. To
               fulfill its enforcement responsibilities, the Council may impose penalties and may take
               legal proceedings, as necessary. This responsibilities covers all coastal waters        '
               tidelands, beaches, and primary ocean front sand dunes within the state's coastal
               zone. Nevertheless, the Reserve Manager has first line of enforcement responsibility
               for ensuring that all activities conducted within the Reserve conform with NERRS
               guidelines, and the Foundation's rules for resource protection. The Reserve Manager
               will contact the SCCC, as necessary, and will be a full partner in the review of any
               permit affecting the Reserve resources.

                     The South Carolina Coastal Council has an enforcement section of specially
               trained field biologists to ensure enforcement of the coastal zone management
               program. Weekly aerial flights and daily routine patrolling by motor vehicle represent
               the first level of enforcement. The Coastal Council is also in alliance with the S.C.
               Department of Wildlife and Marine Resources whose conservation officers patrol the
               waters and land of the coast on a daily basis. Noted violations are reported to Coastal
               Council enforcement staff who conduct a field inspection; State conservation officers
               are available for backup if needed. The Council also has a Memorandum of
               Agreement with the U.S. Army Corps of Engineers to assist in enforcement in
               freshwater wetland projects requiring coastal zone management consistency
               certification. Fines for violations of the Coastal Zone Management Act are up to
               $1,000 per day.




                                                        44









                      Enforcement compliance of activities requiring coastal zone consistency
              certification can also take place through the agency issuing the permit. The majority
              of activities require a final Coastal Council sign-off prior to permit issuance; for
              example, a Coastal Council staff engineer conducts a site inspection to ensure the
              stormwater system is constructed according to the approved design before the
              applicant can operate his/her water or wastewater system. This provides a strong
              incentive to comply with coastal zone management program.

                      Additionally, the Coastal Council has an active Beach and Creek Watch program
              to provide a forum for citizen awareness and violation reporting.

                                                        Table 4


                                     Activities Regulated Through Direct Permit
                                         and/or Consistency Certification by
                                              The S.C. Coastal Council
                                        (reference SCCZMP, pp. 111-1 - 111-74)

                      Residential Development                  Ports
                      Roads and highways                       Airports
                      Railways                                 Parking facilities
                      Agriculture activities                   Forestry activities
                      Mineral extraction                       Manufacturing
                      Fish and seafood processing              Aquaculture
                      Commercial development                   Parks
                      Commercial recreational                  Marinas
                      Boat ramps                               Docks and piers
                      Wildlife and fishery                     Artificial reefs
                       management activities                   Impoundments
                      Dredging                                 Dredge material disposal
                      Underwater salvage                       Sewage treatment
                      Solid waste disposal                     Public/quasi-public bldgs.
                      Dams and reservoirs                      Water supply facilities
                      Erosion control activities               Energy and related facilities
                      Construction in critical
                       areas or wetlands











                                                          45











                                                         Table 5


                                           State Agency Permits Subject to
                                         Coastal Zone Consistency Review by
                                               The S.C. Coastal Council
                                             (reference SCCZMP, P. V-5)


               1      S.C. Aeronautics Commission               Certificates of approval for
                                                                airports and other air
                                                                traffic facilities.


               2.     S.C. Budget and Control Board             Permits for activities below
                                                                the ordinary high water mark which are
                                                                within the coastal zone
                                                                but out of the critical area.


               3.     S.C. Department of Health and             Permits for construction of
                      Environmental Control                     wastewater treatment facilities
                                                                or septic tanks of 1500 gallons
                                                                per day.

                                                                National Pollutant Discharge
                                                                Elimination System (NPDES)
                                                                permits.

                                                                Section 401 of the Federal
                                                                Water Pollution Control Act
                                                                certification.


                                                                Permits for air emissions.


                                                                Water supply permits.

                                                                Landfill permits.

                                                                Oil and gas facilities
                                                                registration certificates.

                                                                Underground storage tank
                                                                permits.





                                                           46









               4.     S.C. Land Resources Conservation          Mining operations permits.
                      commission                                Sediment control permits
                                                                (pending implementation).

               5.     S.C. Public Service Commission            Certificates for major
                                                                utility facilities.

               6.     S.C. Water Resources Commission           Oil and gas facilities
                                                                permits.

                                                                Groundwater capacity use
                                                                area permits.

                                                                Interbasin transfer permits.

                                           (4)    Habitat Restoration

                      NERRS regulations recognize that many estuarine areas have undergone
               ecological change as a result of human activities. Although restoration of degraded
               areas is not a primary purpose of NERRS, some restorative activities may be permitted
               in research reserves as specified in their management plan. Generally, restoration for
               single-species resource management or enhancement is not permissible; restoration
               must be community or ecosystem oriented.

                             The areas included within the boundaries of the Reserve are in a high
               state of ecological quality, therefore no plans have been developed to undertake
               habitat restoration. Results of research conducted within the Reserve on relatively
               pristine areas will be applied to other (disturbed) sites in order to develop a scientific
               basis for habitat restoration.



                                           (5)    Relationships to Other Program Areas

                      Although resource protection is an extremely important program component,
               it is not an independent program area. All other parts of the Reserve program
               contribute to the protection of this site.       Researchers play a role in identifying
               especially sensitive areas of the estuary and their research results will be useful in site
               protection by monitoring for potential degradation. The educational program will
               develop printed information and conduct meetings which will inform the public of the
               need to protect and wisely use estuarine resources. The volunteer program will




                                                           47








               educate and utilize persons to* assist in resource protection. The high degree of
               interaction between the various segments of the NI/WB Reserve necessitates a fairly
               broad and balanced perspective on resource protection by the Reserve.

                                    e.     Research and Monitorina


                                           (1)    Rationale and Goals

                      The research and     monitoring program will rely on the results of scientific
               research to achieve an understanding of the entire estuarine system and its
               watershed. The goal of the research/monitoring program is to utilize the 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 the use of
               coastal decision-making agencies.       National and state agencies responsible for
               management and protection of coastal environments and resources are aware of the
               potential for increasing man-induced stress in our coastal ecosystems.              Some
               programs have been initiated or proposed to address aspects of the enormous and
               complex problems associated with intense coastal development. For example, EPA has
               a program involving the Great Lakes and certain large estuarine systems, and recently
               initiated the Environmental Monitoring and Assessment Program. In addition, NOAA
               has started a Coastal Ocean Program. However, a recent study of marine coastal
               environmental protection by the National Research Council emphasized that a close
               link must exist between monitoring (constant measuring of environmental parameters)
               and research programs (determination of processes, mechanisms, predictive models,
               etc.) in order to produce information which is essential for interpreting monitoring
               results by environmental regulatory agencies. The proposed NI/WB NERRS will help
               fill this void.


                      Despite past efforts, little attention has been specifically directed to long-term
               ecosystem-level studies dealing with southern coastal aquatic systems and the
               interaction between uplands and these aquatic systems. A significant data gap exists
               in understanding the interactive relationship of the stress created in these ecosystems
               by the growing human activity in the coastal regions of the southeastern U.S. In the
               southern region of the United States there are few large estuarine systems -- most of
               the estuaries and freshwater systems are relatively small and are surrounded by
               extensive wetlands. For example, there are over 320 small, high salinity creeks,
               inlets, and estuaries between Cape Fear, NC, and Cape Canaveral, FL. Nearly half
               occur in South Carolina. Approximately 500,000 acres of wetlands are found in the
               coastal region of South Carolina, and the southeastern sector of the United States has
               a large percentage of the nation's coastal wetlands. Much of the present and future
               development of coastal areas is occurring, and is predicted to continue to occur, on
               highlands adjacent to these estuarine and freshwater systems. There is a need for a
               holistic, ecological, landscape-level approach involving the integrative analysis of the



                                                          48











              status and stress levels of southeastern coastal ecosystems. Coordination of research
              projects oriented toward this approach is of paramount importance in order both to
              understand the influences of human activities and inputs on diverse coastal systems
              of the southeast and to develop the ability to anticipate or predict potential problems
              associated with these activities and inputs.

                      To adequately study complex coastal systems impacted by society requires a
              level of integration and organization not traditionally found in universities, which tend
              to be organized according to traditional disciplines. Because of the nature of research
              funding, most projects usually involve one or a few investigators working on one facet
              of a broader question. Traditionally, formal institutional mechanisms do not exist
              which allow integration of studies and a continuity of research themes. Frequently,
              valuable data from single- investigator oriented research is lost because of the lack of
              a long-term data management system. The Baruch Institute, USC has more than 20
              years of experience with multidisciplinary, multi-investigator research projects. It has
              developed the facility and administrative structure to conduct research at this level.
              The research/monitoring program will not duplicate past or present research projects.
              There are several reasons why organization of research on southeastern ecosystems
              will be more cost-efficient and scientifically effective with the proposed NI/WB NERR,
              as opposed to individual research projects. The NI/WB NERR will:

                      - provide a rapid and efficient means of disseminating new knowledge related
                       to coastal ecosystems (by means of public presentations, publications,
                       information transfer to Reserve education programs etc.),

                      - respond in setting research priorities to accommodate either external individual
                       grants or in-house research programs,

                      - provide a collaborative environment which would foster multidisciplinary as
                       well as multi-institutional projects,

                      -provide an additional level of quality assurance at all stages of research
                       performance,

                      - channel scientific information (through technical reports, presentations, etc.)
                       to NOAA, other Federal and state agencies, environmental groups, the public,
                       and the press so that research findings can be utilized in a practical manner,
                       and

                       have a long-term, holistic perspective and focus on fundamental problems
                       facing southeastern US coastal ecosystems.




                                                         49










                      Knowledge of how ecosystem processes function on a long-term basis in an
               unperturbed system is important in assessing the impact of human activities.
               Long-term comparative studies are essential to delineate between interannual variation
               in system responses due to natural variability (i.e., a prolonged cold spell or a drought)
               and variation resulting from human perturbation. These important scientific data are
               extremely limited and their scarcity has hampered regulatory/management agencies
               in assessing environmental impacts. North Inlet Estuary is an ideal site to use as a
               standard against which to compare other coastal systems: 1) it is relatively free of
               man-influenced disturbances, 2) it has been studied for 22 years, the last 12 years as
               part of the NSF program on Long-Term Ecological Research, 3) an extensive data
               base exists to study ecosystem processes, and 4) the Baruch Institute Field
               Laboratory and resident staff are located there.

                      Specific objectives of the NI/WB NERR Research Program will be to:

                      - establish and manage the areas of the reserve for long-term use as
                        natural field laboratories by state, local and private organizations, while
                        maintaining traditional uses of the reserve by individuals and various groups;

                      - conduct both state-of-the-art and basic environmental research which will
                        provide both significant information to the public, scientific, and regulatory
                        communities and a data base for use in long-term and interdisciplinary studies;

                      - enhance the scientific understanding of southeastern estuarine ecosystem
                        processes and functions which can then be used for planning and
                        standard-setting by reserve managers and coastal decision-makers;

                      - provide education and experience to young scientists considering
                        environmental careers by utilizing volunteers to achieve research goals.

                      These objectives will be met by the Reserve staff promoting:

                      - long-term baseline studies to characterize flora and fauna within the
                        Reserve and gain an understanding of the ecological interrelationships
                        between organisms and their environments;

                      - 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
                        non-point source pollution;






                                                           50









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

                     -the Reserve as a site for estuarine research by providing essential services
                      and facilities;

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


                     -the effective use and communication of research results.


                                         (2)   Research and Monitoring Priorities

                     Establishment of the Nl/WB NERR will create a long-term opportunity for
              temporal and spatial sampling in wetlands, upland, and open water estuarine habitats,
              as well as a greater opportunity for the development and use of new observational
              and analytical techniques in protected estuarine subsystems. Nl/WB NERR sponsored
              research will be directed towards 1) water management, 2) soil management, 3)
              nutrients and other chemical inputs, 4) coupling of primary and secondary productivity
              and 5) estuarine fishery habitat requirements. General research priorities include:

                       ascertaining which ecological resources are at risk and what level of
              human-induced stress exists in two southeastern coastal ecosystems, and developing
              accurate and sensitive bio-markers of pollutant exposure;

                     - determining the condition of two southeast coastal ecosystems, and how they
              change (i.e., developing baseline characteristics that define a healthy, low stressed
              coastal ecosystem for comparisons with more polluted, highly stressed coastal
              ecosystems as regards organismal physiology, end point indicators, population and
              ecosystem structure, and determining the classes and specific types of anthropogenic
              activities and inputs which characterize and lead to unhealthy, stressed coastal
              ecosystems); and

                      formulating specific computer models for predicting the effects of long-term,
              indirect and direct exposures to pollutants and other human activities in two
              southeastern coastal ecosystems (i.e., the coordination of exposure and effects
              studies under both laboratory and field conditions, using cornerstone species, to
              characterize real effects of 'Pollutants at the ecosystem level, and determining how
              accurately end point indicators, bio-markers, and physiological measurements in
              cornerstone species can be extrapolated to meaningful effects at the ecosystem level).




                                                       51









                      Initial short-term research-priorities include analysis of living resource data sets;
               stock assessments; evaluation and analysis of monitoring capabilities, oyster
               production and diseases; salinity and circulation patterns; nutrient levels in marsh
               areas versus nutrient levels in open water; land use patterns; and sublethal responses
               to toxin. Research priorities include providing support facilities to conduct research,
               including advanced analytical chemical equipment (particularly for identification of
               organic and metallo-organic compounds); remote sensing; and automated data
               analysis technologies. Sometimes the success of a research project depends on the
               study site remaining undisturbed. To prevent trampling or other unnatural physical
               disturbances, the researcher may request that signs requesting avoidance of the study
               area be posted. The request would be made to the Reserve Manager and reviewed
               by the Advisory Committee.          Typically, study plots are small and located in
               infrequently visited or remote areas so that public travel or access patterns would not
               be disturbed.


                      Longer term research needs include improved understanding of structure and
               function of coastal habitats (i.e., emergent saline marshes, tidal freshwater habitats,
               non-vegetated wetlands, benthic habitats, oyster reefs); impacts of modification of
               coastal and contiguous habitats; water column processes (i.e., plankton communities,
               inorganic nutrient cycling, replenishment, and storage, micro-circulation, and
               interactions among main stem and adjacent water bodies); toxins; genetic variability
               and structure of organisms within NI/WB NERR; watershed processes (i.e., transport,
               fate and processing of dissolved and particulate material; and effects of land-use
               activities); ground water contribution, including spatial and temporal input and
               outflows; chemical characteristics, extent and magnitude of pesticide, nutrient, and
               other pollutant contamination; impact on sediment-water column pollution
               interactions; and methods to reduce ground water pollution; impacts of population
               growth development; temporal and spatial variability in the use of marsh tidal creek
               ecosystems as nursery areas; wetland formation and production relative to sea level
               rise; archaeological studies; loss of wetlands habitat and mitigation approaches;
               buffering effect of wetlands on sediment and heavy metal/toxic chemical loads; basic
               marsh processes such as accretion and erosion; effects of human water activities on
               shorelines; buffering effects of wetlands on flooding and erosion; wetland production
               relative to sea level rise; and plant community succession.

               Although no manipulative research projects are planned, it is possible that small scale
               manipulative studies, limited in nature and to the minimum extent necessary to
               accomplish the stated research objectives, could be approved but only after a
               thorough review of the project by the Institute, the SCCC, NOAA, and after all
               necessary permits are obtained. Manipulative research activities with a significant or
               long-term impact on reserve resources require prior approval of the SCCC and NOAA.



                                                           52









               Habitat manipulation for resource management purposes is not permitted within
               reserves, except as allowed* for restoration activities consistent with NOAA
               regulations. An exception may be allowed to this prohibition if NOAA determines that
               specific manipulative activity is necessary for the protection of public health or the
               preservation of other sensitive resources which have been listed or are eligible for
               protection under relevant Federal or state authority (e..g., threatened/endangered
               species or significant historical or cultural resources).

                      In addition to research activities described above, program-wide research
               priorities have been developed for the NERR System for Fiscal Years 1993-2002.
               Research at the NI/WB NERR will be planned and proposals submitted which will part
               of these priorities. These research priorities are:

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


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

                      FY 1997, 1998         Alterations in habitat utilization by coastal biota (exotic
                                            species, commercial species, non-commercial species).

                      FY 1999, 2000         Alterations in water circulation, transportation and quality
                                            (tidal exchange, fresh water diversion, hydrological
                                            budgets,     ground     water    intrusion,    biotic    species
                                            transportation).

                      FY 2001, 2002         Anthropogenic inputs and activities             (focused and
                                            identifiable - i.e., dredge spoils, HAZMAT, recreational
                                            uses, commercial uses).

                      Specific means for incorporating program elements into existing and new
               monitoring programs will be developed, The reserve manager will work to incorporate
               the following elements into all monitoring programs:

                      -hypothesis testing

                      -relationship to management issues

                      -quality assurance/quality control

                      -means of determining program effectiveness



                                                            53









                      -periodic review

                      -data management and analysis

                      -publication of data

                      The proposed NI/WB NERR monitoring program consist of a three-phase
               approach as follows:

                      - Environmental Characterization, which involves literature review and/or field
                      research to acquire all available information on hydrology, geology, water
                      chemistry, water quality, biological resources, and the problems and issues
                      confronting the reserve environment;

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

                      - Monitoring Program Initiation, 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;     followed by pilot projects and, upon
                      successful evaluation, full-scale monitoring of selected parameters.

                      The NI/WB NERR phased monitoring program will be integrated with the South
               Carolina Department of Health and Environmental Control (SC DHEC) and South
               Carolina Wildlife and Marine Resources (SCWMR) monitoring program for water
               quality, living marine resources, toxic chemicals, and other parameters. It will also be
               integrated with other monitoring programs conducted by Federal agencies including
               NOAA and EPA.


                                          (3)    Management and Administration

                      Research opportunities at NI/WB NERR are available to qualified scientists and
               students affiliated with a college, university or school; non-profit, non-academic
               research institutions (e.g., research laboratory, independent museum, professional
               society); profit organizations; or state, local or Federal government agencies.

                      Research opportunities will be available to all applicants without regard to
               manner of funding. Support may come through South Carolina state agencies, the
               NOAA Office of Ocean and Coastal Resource Management (OCRM), NOAA Sea Grant,
               the Environmental Protection Agency, NSF, and other sources. Researchers may



                                                          54








               apply to do research at any time, however, scientists seeking financial support from
               NOAA/OCRM must follow NOAA's research and monitoring guidelines.

                     All research proposals will be evaluated by the Reserve Manager for consistency
               with NI/WB NERRS goals, and by the Baruch Foundation and the USC, to ensure that
               the proposed research will not interfere with other research at the Reserve. No
               proposed research at the Reserve will be approved unless it is consistent with the
               Tripartite Agreement discussed earlier. Projects would 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.

                     Proposals requesting funds from NOAA will be evaluated using established
               NERRS guidelines. In order to qualify for NOAA funding, NI/WB NERRS 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 Research Reserve System.

                     Funding for national research priorities in the reserve is available through NOAA
               on a competitive basis to qualified researchers and must be matched equally by the
               recipient according to current NERRS regulations. An annual announcement of
               research opportunities, reflecting priority needs and levels of funding, will be
               distributed. This announcement will include: a) specific statements about the types
               of research that will be funded including the national research priorities set by NOAA;
               b) clear and specific guidelines for preparation; c) clear statements on procedures and
               criteria used in proposal review; d) level of funding; and e) a schedule of the proposed
               process. The distribution list will include local, state, and regional entities covering
               all eligible potential applicants. Also, a research prospectus will be provided to
               potential researchers, including basic information on reserve resources, unusual
               features, support facilities and a listing of research reports from the NI/WB NERR.

                     Activities permitted in the core area are limited to research activities which do
               not manipulate habitats except in rare instances where small scale manipulative
               studies, with limited scope and clearly stated research objectives, may be approved,
               after thorough review by the Institute, the SCCC and NOAA. Manipulative research
               activities may be permitted in the buffer zone of the reserve as long as they address
               identified research or management needs. Any research activities which, in the
               estimation of the State and'NOAA, may result in impacts on reserve resources or
               habitats require prior approval of the State and private property owners.






                                                        55









                      To assist new researchers at the reserve, information packets will be available
               from the reserve manager. These packets will contain background information
               pertaining to the Reserve and an area map, designating 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 first priority within the
               reserve boundaries.     Traditional uses of public areas will continue as currently
               regulated under Federal, state, or local authority. The Reserve Manager is responsible
               for carefully balancing uses of the reserve to ensure that the objectives of the reserve
               program are protected and sustained. The power of the Reserve Manager needed to
               meet other specified management responsibilities will not in any way be diminished
               by the NI/WB NERR research and monitoring plan.

                      The NI/WB NERR Reserve Manager is responsible for coordinating all research
               and monitoring activities for the Reserve. To facilitate this, NOAA will maintain close
               contact with the NI/WB NERR Reserve Manager and will keep him/her informed of the
               progress of NOAA-funded researchers. The NI/WB NERR Reserve Manager will
               maintain regular communication with the researchers. He/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
               research will be available to the general public and researchers will be requested to
               provide a presentation on their research findings at regularly scheduled meetings.

                      The NI/WB NERR requests that researchers provide the Reserve Manager with
               quarterly progress reports, a final report, and an abstract and one copy of any
               publications resulting from any research at the Reserve. The final report will include
               an abstract, a literature review, methods, analyses, results, and conclusions. It will
               include a summary of the gathered data and a list of the analyses completed. In
               addition to a final report, the researcher will keep the Reserve Manager updated on the
               progress of the project by means of quarterly written progress reports.             These
               presentations will help to achieve the Reserve's goal of providing information
               necessary for improved understanding and management of estuarine systems to
               coastal decision-makers and the public. Records, data, reports, publications, and
               other relevant materials will "be kept at the NI/WB NERR. Research information will
               also be forwarded to NOAA, which will act as a central clearinghouse and the center
               of the information network of the National Estuarine Research Reserve System.





                                                           56










                      Recruitment of research6rs is important to build the NI/WB NEAR data base and
               to establish the sites as long-term natural field laboratories.         Recruitment of
               researchers with an established interest and capability will be one of the functions of
               the Reserve Manager. Recruitment strategies will include:

                      - coordination through scientific/technical advisory committees;

                      - participation of NI/WB NERRS staff in research symposia, conferences and
                       workshops;

                      -.intern programs for graduate students or upper division college students; and

                       annual announcements of research opportunities in scientific association
                       newsletters, meetings and through NOAA's Sanctuaries and Reserves
                      Division.


                      The NI/WI3 NERR will work closely with NOAA staff to develop and assess
               National Research Priorities. NOAA will also be involved with the Reserve through
               research funding and proposal evaluation. The Reserve Manager will communicate
               with other reserve managers and will work with NOAA and other reserve managers
               to establish a national information exchange network.

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

                      Information gathered in NI/WI3 NERR research and monitoring and the
               management implications of this information will be made available to decision-makers
               and the public in understandable forms (i.e. in laymen's language-not scientific jargon)
               through public forums, etc. Both NOAA and NI/WI3 NERR will encourage the
               dissemination of research results.      Methods will 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.
               Additional avenues of information exchange will include a distribution of a summary
               of research at the Reserve, workshops, conferences and teach-ins at the reserve; a
               NI/WB NERR brochure, distributed with an annual call for proposals and at appropriate
               conferences and other events; press releases to local.media; articles in journals of





                                                        57










              local organizations; direct mailihgs to state and local decision-makers; and regular
              contact with representatives of other state and Federal agencies, local government
              agencies, and planning boards.

                                   f.     Education and Intervetation


                     Education/interpretation will serve as the integrator for all functions of the
              NI/WB NERR. As the general public becomes more aware of how an estuarine system
              functions and why it is such an important natural resource, the more likely they are
              to support the reserve and other estuarine protection programs. A well-planned
              education/interpretation program will create a constituency for the Reserve and bring
              about positive attitudes and values in the user community.

                     The program will focus on the values of the NI/WB estuaries and its wise use.
              The Reserve is an ideal setting for interpreting estuarine food webs, general biological
              principals and coastal processes. Opportunities exist for focusing on the national
              significance of the NI/WB site. It is also an appropriate place to learn about Federal
              and state endangered and threatened species. Overall, the program content will be
              broad-based, dealing with general concepts and specific issues related to reserve
              management.

                                          (1)   Goal

                     One of the primary goals of the NI/WB NERR is to enhance public awareness,
              understanding, and wise use of estuarine resources in the North Inlet and Winyah Bay
              estuaries. Specific objectives will be to:

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

                     - collaborate with other organizations to provide educational and interpretive
                       services at this site;

                     - disseminate information gained from research on the Reserve to public
                       audiences, including government officials, planners, and other
                       d ecision- makers.

                     - provide opportunitie's for teacher training, student projects, internships, and
                       assistantships where enrolles work jointly with scientists, gain field
                       experience, and learn about the importance of research results;




                                                         58










                     - enhance interest in and commitment to South Carolina estuaries and their
                      tributaries through volunteer programs and personal contact with reserve,
                      resources;


                     -provide for traditional uses of Reserve sites as provided by state and Federal
                      law.


                     -broaden public support for the Reserve by continuing on-going programs
                      suited to visitors of diverse interests, ages, and backgrounds.

                                         (2)   General Context for Management

                     The NI/WB NERR includes both the marsh/marine part of the 1 7,500-acre
              wildlife refuge (Hobcaw Barony), which was set aside in perpetuity by the late Belle
              W. Baruch for the purposes of research and education, and the public waterways of
              North Inlet Estuary and Mud Bay. Establishment of the Reserve on this site is
              consistent with Belle Baruch's Will and provides a unique opportunity for exchange
              of information between scientists and public audiences. A delicate balance must be
              struck to maintain the special research integrity of the site while providing
              opportunities for people to see and learn from the research program. Extreme care
              will be taken to develop an education program that is sensitive to and protects the
              significant research value of the Reserve.      A number of policies and areas for
              education program development are outlined which should complement the research
              and management goals of the Reserve.

                                         (3)   General Policies


                     Several policies will guide the development of the education program:

                     - Only educational activities which will have no negative impacts on the
                      Reserve environment and its research projects will be implemented. Activities
                      will be discontinued or changed if, after review by the site management team,
                      the Advisory Committee and the Belle W. Baruch Foundation Trustees, they
                      are found to conflict with this policy.

                     -Much of the content for the programs will be based on the findings from
                      research at the North Inlet-Winyah Bay Reserve and other estuarine reserves.
                      Findings will be shared with general audiences and specific target groups such
                      as teachers, K-1 2 students, policy-makers, and community leaders.

                     -Reserve educational activities will be coordinated with and complement the
                      Public Education Program of the Belle W. Baruch Foundation administered
                      through the Bellefield Nature Center. The Nature Center currently sponsors a



                                                       59









                       diverse program that focuses on several ecosystems in the coastal plain of
                       South Carolina. The Rdserve's educational program will expand offerings in
                       subjects pertaining to estuaries and coastal zone management.

                      - The Reserve's education program will also be coordinated with other local and
                       state organizations that are involved with coastal education programs.

                                          (4)   Interpretive Themes and Messages

                      Our understanding of estuaries changes as new information is added to the
               relatively young field of estuarine research. Consequently, themes and messages for
               program content need to be flexible and sensitive to new discoveries about estuaries.
               Fortunately, North Inlet Estuary has been studied fairly intensively over the past
               decade, providing a foundation for supporting some initial themes and messages that
               will be incorporated into the education program:

                      - Estuaries are complex ecosystems that are intricately linked to neighboring
                       landward and seaward ecosystems.

                      -Complex interactions, involving nutrient cycling, water movements, and
                       energy flows through food webs contribute to the dynamic functioning of
                       estuaries.


                      -Estuaries serve important functions as nurseries for fish and shellfish, as
                       feeding and nesting areas for birds, and as buffers from storms.

                      - People are members of the estuarine ecosystem and also affect its functioning
                       through interactions with the system.

                      - The North Inlet-Winyah Bay National Estuarine Research Reserve serves an
                       important role as a site for research, management, and education about
                       estuaries.

               Specific examples that relate to these themes will be incorporated into program
               activities and materials.

                                          (5)   Printed and Audiovisual Materials

                      Brochures, special publications, and a regular newsletter are planned to promote
               knowledge of the Reserve,* its resources, and its program, and to disseminate
               information gained from research to public audiences. A general brochure about the
               Reserve, its goals, and opportunities available for researchers and the public, will be
               one of the first materials developed once the site is designated. It will be consistent
               with the "common look" site brochure developed by NOAA, SRD. The Baruch



                                                         60








              Institute currently publishes the newsletter, "TIDINGS", which is distributed to
              members of Friends of the Baruch Institute. Research, education and management
              activities of the Reserve prograrn will be featured in this established newsletter. In
              addition to the mailings to members, copies of the newsletter will be disseminated to
              interested people upon request, including visitors to the Bellefield Nature Center.
              Special publications on selected topics will be developed as needs are identified.
              Printing these publications on recycled paper is encouraged.

                     Instructional materials for teachers are also planned to complement teacher
              training activities and field study programs for school classes. The Bellefield Nature
              Center currently provides information to teachers participating in its field study and
              outreach programs. These materials provide background information on the subjects,
              pre- and post-visit activities, and lists of resource materials. Additional instructional
              materials will be developed to increase the learning experiences of teachers and
              students who participate in new programs developed for the Reserve.

                     In addition to printed materials, audiovisual presentations will be created for use
              at the Nature Center and in outreach programs. A video program about the Reserve
              and its activities would be very beneficial in expanding public awareness and
              understanding of estuaries and the value of research at the reserve site. The program
              would be shown on a regular schedule to visitors of the Center and would also be
              available on a loan basis to interested schools, civic groups, or other organizations.
              Slide presentations are another medium that would be developed to further people's
              understanding of estuaries. The slide shows would be available to staff members who
              will make presentations at meetings of interested groups.

                                          (6)    Exhibits, Signs and Promotional Materials

                     The Bellefield Nature Center currently houses a variety of exhibits pertaining to
              the history and ecology of the wildlife refuge, Hobcaw Barony, and the research
              activities of the Baruch Institute of Clemson University and the University of South
              Carolina. Additional interpretive displays that relate specifically to estuaries and the
              goals and programs of the Reserve will be developed at the Nature Center. A portable
              exhibit about the reserve is also planned which can be taken to professional meetings
              and festivals to help promote the site to a wide spectrum of people.

                     The Reserve will also be promoted through distribution of the general brochure
              described in the printed materials section. In addition, NI/WI3 NERR signs identifying
              the Reserve and the appropriate supporting agencies will help draw public attention
              to the special designation of the site. A sign will be constructed and placed near the
              highway entrance to the property and other smaller signs are planned to help identify
              the Reserve from the water.







                                                           61









                                           (7)    Program Activities and Services

                      Many of the education program goals will be achieved through program
               activities and services provided to general audiences and specific target groups. The
               Reserve's education program will build on and expand upon successful activities and
               services already in place through the Belle W. Baruch Foundation's Bellefield Nature
               Center and the University of South Carolina's Continuing Education Program (see
               Appendix I for summary of 1990 activities). In addition, there will be 'a maximum
               effort made for interaction with education programs at other NERR sites.

                      The Baruch Foundation currently provides a very popular field study program
               for school groups. Thousands of students each year participate in the program and
               learn about one or more of the coastal ecosystems on the property. Salt marshes are
               one of the systems covered in the field study program. As funds become available
               to increase staff for the field study program, more salt marsh studies can be
               scheduled.


                      A wider selection of short courses dealing with estuaries will also be offered for
               members of the public and educators. Some of the topics for future short courses
               include, but are not limited to, coastal birds, fishes; life in the pluff mud, oysters and
               clams, shrimps, crabs and other crusty creatures; coastal photography; historical uses
               of estuaries; and coastal management. Teachers may elect to take the courses to
               receive credit towards re-certification.


                      Special college-credit workshops and courses for teachers are also planned to
               provide teachers with information and field and classroom experiences pertaining to
               estuaries and coastal zone management. These programs will be designed to provide
               teachers with the information and skills needed to lead their students in studies of salt
               marshes anywhere in the state without the help of an outside resource person.

                      Public lectures and forums that address topics and issues of current public
               interest and concern will also be continued and expanded at the reserve site. These
               programs will be designed to provide factual information on various aspects of the
               issues so that people can make informed decisions.

                      Guided tou rs of the property are presently conducted on a weekly basis for
               interested members of the public. Information about the research and educational
               activities of the Reserve will be incorporated into this tour led by Nature Center
               employees. This information will be easy to insert since the tour includes stops along
               marsh areas to be designated in the Reserve.

                      The education program, in addition to field studies, tours, short courses,
               teacher workshops and public forums conducted on-site, will encompass outreach
               efforts into surrounding communities. The successful school "Outreach Program" of



                                                          62








               the Bellefield Nature Center brings hands-on nature experiences into local classrooms.
               This program will be expande'd to include more offerings pertaining to estuaries.
               Teacher information packets will be developed to enhance these programs. Reserve
               scientists and other staff members will also present programs at meetings of area
               organizations upon request. In addition, efforts will be made to assist outside tour
               guides in the area with up-to-date information about the Reserve and the area's rich
               coastal resources that they can incorporate into their guided programs.

                     The Nature Center does not currently have a volunteer program. After the site
               has been designated, a volunteer program will be developed to provide opportunities
               for interested members of the public to interact more closely with both the education
               and research activities of the Reserve. The education volunteer program will be
               coordinated with the Nature Center administration and supervised by the NERR
               education coordinator. The research volunteer program will also be administered by
               the Reserve staff and will be consistent with policies of the Baruch Foundation. A
               limited number of volunteers (to be approved by the Baruch Foundation) will be
               involved in the program. Education program volunteers will be particularly useful in
               greeting visitors and answering questions at the Nature Center building, thus allowing
               NI/WB NERR staff members to conduct more programs in the field.

                      A student internship program will also be implemented, as funds become
               available, in order to complement the education program. Student interns would
               become involved in and assist with on-going education programs as well as the
               development of printed educational materials and exhibits.

                                           (8)   Public At;cess and Recreation


                      Traditional public access policies and recreational activities that pertain to the
               Belle W. Baruch Foundation's property (Hobcaw Barony) included in the Reserve will
               be maintained. Currently, public access to the upland portions of the property is
               restricted. Authorized individuals, including researchers and students involved in
               approved projects utilizing the resources of the Reserve can enter through an
               -electrically controlled gate near U.S. 17. Visits by student groups, participants in
               workshops and symposia, and other special groups can be arranged through formal
               programs associated with The University of South Carolina or the Belle W. Baruch
               Foundation. Tours of the site will be coordinated with the Nature Center of the Belle
               W. Baruch Foundation. The general public can visit the Bellefield Nature Center at the
               US Highway 17 entrance to Hobcaw Barony (approximately 1 mile north of
               Georgetown and 8 miles south of Pawleys Island). Access by water to the wetland
               areas of the Reserve via tidal waters under the jurisdiction of state and Federal
               agencies, however, is permissible by boat including power boats. Members of the
               public are able to carry out traditional recreational activities in the tidal waters and
               marshes, but must adhere to state laws. Thus, traditional uses such as hunting on
               the marshes, fishing and shellfishing will not be infringed upon by the establishment



                                                            63









               of NI/WB NERR and people are'free to access these areas by water (see section 11 A
               and III B for description of traditional uses). Traditional public use will be encouraged
               to the extent that is consistent with Reserve goals and objectives.

                                   9.     Facilities Develooment and Staff Reguirements

                                          (1)    Facilities

                      Funding is provided by NOAA and matched by the state for the construction or
               renovation of a visitor center, research facility, education center, or other
               improvements associated with research, education, and access to reserve sites.
               Facilities and improvements must be located within the boundaries of the designated
               research reserve. Major construction projects (i.e., buildings) require the preparation
               of architectural and engineering plans and state approval of capital outlay proposals.
               Funding for planning and developing architectural and engineering plans for buildings
               may come from initial acquisition and development grants which are awarded after
               approval of the DEIS/DMP (i.e., in the predesignation phase). Funds for constructing
               buildings come from acquisition and development grants which are awarded after
               approval of the final management plan. Minor construction activities that aid in
               implementing portions of the management plan (such as nature trails, boardwalks,
               boat ramps) do not require architectural or engineering plans. Funding for planning
               and constructing nature trails, boardwalks, boat ramps, and other minor improvements
               can be awarded under initial acquisition and development grants as well as under later
               acquisition and cooperative agreements.

                     Research facilities in the Reserve are temporarily housed in trailers but the
               Institute will be constructing a new 16,000 sq ft research laboratory in 1992 to
               replace the two laboratories destroyed by Hurricane Hugo. These facilities will be
               constructed to confirm with FEMA regulations, since FEMA will provide partial funding
               for these buildings. This facility will have space for administrative offices, the
               computer center, teaching and continuing education rooms, chemical laboratories, 13
               laboratories for visiting and resident scientists, seminar/library room, balance room,
               museum, and common equipment roorn. At the entrance to the Hobcaw Barony and
               adjacent to the proposed NI/WB NERR is the Nature Center, which is owned and
               operated by the Belle W. Baruch Foundation and functions as a visitor center. In
               addition to a reception and display area, a separate classroom building is used for
               instructional purposes. The adjacent USC Kimbel Living Center, that is part of the
               Reserve, consists of housing accommodations for 80 persons and a meeting center.
               It is also available for Reserve exhibits and displays, workshops, seminars, and visiting
               groups and researchers. Other facilities contribute to the overall experience of visitors
               to the site. Examples of these include interpretive exhibits, a collection of flora and
               fauna, and a boardwalk.



                                                           64










                     In the future as the program expands, the need for additional facilities will be
              assessed. Construction or expansion of facilities within the Reserve will be conducted
              only upon approval of NOAA, the Belle W. Baruch Foundation, the University of South
              Carolina and with any necessary Federal and State permits or agency approvals.

                                          (2)    Goal

                     The goal of the NI/WB NERR Facility Development program is to provide the
              necessary facilities for research and educational activities. Although research and
              educational facilities are presently available, the Reserve will seek funds to provide
              new facilities as they are needed to update and/or expand to meet new demands.
              These facilities should not interfere with the natural appearance of the site.

                     The headquarters of the NI/WB N@ERR will be located in offices in the new
              laboratory located on the edge of North Inlet. This facility will serve to centralize
              reserve activities with those of the NI/WB project involving all participants, i.e., USC
              personnel, visiting scientists and students, visitors, representatives of varioAis
              agencies, and the Baruch Foundation. The continuing education office will be located
              in the new laboratory. Activities of this office will be closely coordinated with the
              personnel of the Baruch Foundation located in the Bellefield Nature Center, located at
              the entrance to the Hobcaw Barony as described in section 11 A 4 f. The Nature
              Center attracts thousands of visitors each year and provides information about the
              region and the available programs.

                                          (3)    Staffing Requirements

                     Initially four positions will be required to begin the basic programs at the
              Reserve: Reserve Manager, Research/Resource Coordinator, Education Coordinator,
              and SecretarV/Data Processor. The duties and responsibilities of the first three
              positions were described earlier in the management plan.              The secretary/data
              processor, who will be responsible to the Reserve Manager, will handle the various
              secretarial tasks associated with the programand assist the existing data management
              program with those topics relating to the Reserve's activities. As the program
              develops, the need for additional personnel will be evident. It is anticipated that as
              the program develops and funding becomes a research technician(s) will be added to
              assist    in   field  studies    and    monitoring    of    living  resources     and    of
              physical/chemical/geological factors. Additionally, an education specialist will be
              needed to further coordinate and implement the reserve's education program.







                                                          65












                      B.     Other Alternatives Considered

                      Before reaching a decision on the preferred alternative, several options were
               carefully reviewed and evaluated. They are discussed below along with the reasons
               for not pursuing each of these alternatives.

                             1 .    No Action/Status Quo

                      Under this option, no portions of North Inlet and Winyah Bay Estuaries would
               be designated as part of the National Estuarine Research Reserve System.
               Implementation of this option would severely limit or entirely prevent the
               establishment and operation of Federallyfunded comparative researchand educational
               opportunities unique to the proposed NI/WB NERR. The unique character of the
               proposed site is due in great part to the inclusion of both a nationally and
               internationally recognized pristine salt marsh ecosystem (North Inlet), and a classic
               drowned river type estuarine system that is heavily influenced by human activity and
               inputs.

                      Continuing development pressures on South Carolina coastal ecosystems
               necessitates a better understanding of coastal resources, interactions within coastal
               ecosystems and the ability of these systems to withstand human disturbances. The
               comparative research and education programs planned for the preferred alternative of
               creating the NI/WI3 NERR will make a valuable contribution to understanding and
               protecting sensitive coastal resources and improving coastal planning and decision
               making. The No Action/Status Quo alternative is an illogical choice and runs counter
               to Federal, South Carolina and Georgetown County goals for studying, protecting and
               managing coastal ecosystems.

                             2.    Alternative Sites


                      As the southernmost estuarine systems in the Northern Carolinas section of the
                arolinian Biogeographic Classification Scheme, the NI/WI3 NERR includes one of the
               few remaining examples of a relatively undisturbed estuary (North Inlet) and a portion
               of a large, man-influenced estuary (Winyah Bay). There are no other sites in the
               southeastern U.S. that provide this unique combination of ecosystem types in
               conjunction with an already established research program. In addition, the selection
               of the NI/WI3 site is very cost effective in that no Federal funds will be required for
               land acquisition and there exists excellent research and education facilities that can
               accommodate the NERR program requirements. An extensive data base on the
               environment of the NI/WI3 system exists which is not found in any other site in this
               region. The research program has been in effect since 1969.




                                                          66












                            3.     Alternative Boundaries

                     Alternative boundaries for the proposed NI/WB NERR were considered during
               the early planning stages of site selection.

                                   a.     Inclusion of Debidue Island and the northern marsh region

                     Inclusion of sections of Debidue Island and the northern marsh region of the
               North Inlet Estuary was considered during the early planning stages of site selection.
               Due to the development that has occurred adjacent to the northern boundary of these
               properties, it was felt that these areas would be better utilized as a buffer region
               outside of the NI/WB NERR proper. Both the southern portion of Debidue Island and
               the northern regions of the North Inlet Estuary are part of the B.W. Baruch Foundation
               properties and as such are protected from any future development. These areas will
               therefore make for an ideal buffer region adjacent to the NI/WI3 NERR.

                                   b.     Inclusion of the upland forest


                     Early in the site selection process the inclusion of the upland forest portions of
               Hobcaw Barony was considered. However, after discussions between Clemson
               University (which under the Tripartite Agreement manages the upland regions of
               Hobcaw Barony), the B.W. Baruch Foundation Board of Trustees, and the USC Baruch
               Institute, it was decided that inclusion of the uplands into the proposed NERR would
               present management and administration difficulties. This does not preclude the
               possibility of future inclusion of the uplands, including the Bellefield Nature Center,
               into the NI/WB NERR should all concerned parties agree to propose an increase in the
               Reserve area and subject to Baruch Foundation approval. Any expansion of the
               Reserve's boundaries must be approved by NOAA, SRD and follow its guidelines. If
               determined necessary, NOAA may require public notice in the Federal Register and in
               the local media to provide an opportunity for public comment.

                                   C.     Inclusion of all of -Winyah Bay

                     Inclusion of all of Winyah Bay into the proposed NI/WB NERR was also
               considered early in the site selection process. However, this would mean the inclusion
               of major shipping channels into the proposed NERR. This option was of great concern
               to the industries of Georgetown that depend upon shipping for their existence. These
               industries felt that (despite assurances to the contrary) inclusion of shipping channels
               into the NERR may somehow infringe on the future use and/or maintenance of these
               channels. Therefore, inclusion of all of Winyah Bay into the NERRS was not
               considered to be a viable option.




                                                          67










                                   d.    Exclusion of Winyah Bay


                     Having portions of two very distinct estuarine systems as part of the Reserve
              allows for the development of research and educational programs comparing a wide
              spectrum of estuarine uses and ecological processes, from pristine to developed
              regions. In contrast to North Inlet, Winyah Bay has undergone substantial changes
              in the past, including episodes of increased or decreased freshwater flow, increased
              sedimentation, and measurable deterioration of water quality. These changes and the
              unique character of the freshwater, brackish, and high salinity wetlands provide a
              basis for research which will contribute to our understanding the ecology of a full
              range of diverse southeastern estuarine systems. The diversity of habitats of the
              Reserve into heavily impacted (Winyah Bay) and relatively pristine (North Inlet)
              sections also provides an excellent opportunity to study human effects on estuaries.
              Winyah Bay is subjected to agricultural, municipal, and industrial inputs and the
              continuing use of the Bay for shipping and dredged material disposal further impacts
              the environment. These uses are characteristic of many southeastern estuaries.
              Studying these areas will provide useful data for management. One of the primary
              goals of the proposed NI/WI3 NERR is to identify and integrate the needs of both
              natural systems and traditional human uses in order to promote the best possible
              long-term balance. The exclusion of Winyah Bay from the proposed NI/WB NERR
              would preclude these research and educational opportunities, and is not a viable
              option.

                            4.    Alternative Management Stratagio

                     Although other potential lead institutions were considered (SC Water Resources
              and SC Wildlife and Marine Resources), these alternatives were rejected in the
              preliminary planning stages. The USC Baruch Institute for Marine Biology and Coastal
              Research was chosen because the Institute is currently, and has for over two
              decades, conducted multi-disciplinary monitoring and research studies in the proposed
              NI/WB NERR and is charged by the Belle W. Baruch Foundation to manage the natural
              resources of Foundation marsh-marine lands. It is the most logical choice and no
              other institute is as qualified to act as the lead organization for the NI/WB NERR.

                     Another possible alternative management strategy would be for the Reserve
              Manager to be located in Columbia, SC at the Baruch Institute main office. This is
              seen as a major disadvantage to the Reserve Manager's primary duties of managing
              the daily operation of the NI/WB NERR as well as the oversight and coordination of
              the various research projects that will be ongoing at the NI/WB NERR.

                     A third alternative management strategy would be to give the NI/WB NERR
              complete autonomy from both the Belle W. Baruch Foundation and the USC Baruch
              Institute. This alternative is impractical because the Reserve could not benefit from
              the use of data, educational and laboratory facilities, and support from these two


                                                        68









               organizations. In addition, this strategy is not acceptable, because it would not be in
               compliance with the goals and' regulations of the NERRS or the tripartite agreement
               of the Belle W. Baruch Foundation.



               111.   AFFECTED ENVIRONMENT


                      A.     Resources


                             1.     Environmental Conditions


                                    a.     Uniqueness

                      The Reserve has several unique aspects. Most of the undisturbed marsh and
               adjacent uplands are owned by the Belle W. Baruch Foundation and the State of South
               Carolina, which have established these lands in perpetuity for conservation and
               research. The North Inlet Estuary was designated a prime coastal ecosystem and
               included as an Experimental Ecological Reserve by the Institute of Ecology and the
               National Science Foundation with a site rating of 98%. In 1980, the North Inlet
               Estuary was selected as the marine-estuarine site in the National Science Foundation's
               nationwide Long-Term Ecological Research Program. The portion of North Inlet to be
               designated as a National Estuarine Research Reserve covers a 3,200 hectare area,
               with the majority classified as Outstanding Resource Waters (ORW) by the South
               Carolina Department of Health and Environmental Control (SCDHEC). This special
               category is for tidal salt waters which constitute an outstanding recreational or
               ecological resource and will be maintained and protected in its natural condition. The
               remainder of the areas of North Inlet Estuary is classified Shellfish Harvesting Waters
               (SFH) by SCDHEC, while the waters directly adjacent to Mud Bay are classified as SB,
               (no harvesting of clams, oysters, or oysters for human consumption) the same
               classification as Winyah Bay.


                                    b.     Hydrolo-qv


                                           (i) North Inlet Estuary

                      The circulation pattern of North Inlet is tidally dominated. The circulation
               structure resembles a Pritchards (1955) type D vertically homogeneous estuary,
               although in several creeks a lateral net circulation exists similar to the type C estuary.
               The maximum spring tide range is 2.5 m and the neap range about 1.0 m, the
               maximum tidal current is 1'.7- m/sec with the net currents being as great as 26
               cm/sec. There is limited exchange of water between Winyah Bay and North Inlet; the
               greatest exchange of water occurs between North Inlet Estuary and the Atlantic
               Ocean through North Inlet. In the mouth of the inlet, salinity varies from 30 to 35
               ppt; however, after severe rainstorms the salinity may temporarily drop to 20 ppt.


                                                           69








               Generally, salinities in all waterways are lowest in winter and spring.           Water
               temperatures range from 30 to 300C. Detailed analyses of many aspects of the
               physical oceanography of North Inlet have been published by Dr. B. Kjerfve and his
               students (see Appendix J for a partial listing of selected papers).

                     A long-term data base (approximately 11 years) exists which includes
               continuous recordings of precipitation, wind speed, barometric pressure, solar
               radiation, water and air temperatures, conductivity, and salinity. A daily water sample
               is taken from two or more locations and is analyzed for dissolved organic matter, N,
               P, C, chlorophyll, and particulate N, P, C, POP NH4, and N03/NO2. Dr. E. Blood and
               her associates have published various studies regarding nutrient dynamics in the area
               (see bibliography of Long-Term Ecological Research publications Appendix J)

                     There are four distinct watersheds on the adjacent upland area; two drain west
               into Winyah Bay, one south into Mud Bay (Winyah Bay) and one east into the North
               Inlet Estuary. Extensive studies on hydrology have been undertaken by Dr. T. Williams
               and his associates from the Baruch Forest Science Institute of Clemson University      '
               The natural drainage patterns of about 60% of the upland area have been interrupted
               by man-made ditches and dikes that date back to the rice culture days.               All
               watersheds drain into intertidal areas and therefore are influenced to a certain degree
               by tidal fluctuations.

                                         (ii) Winyah Bay Estuary

                     Winyah Bay is one of the major estuarine       ecosystems in the southeastern
               United States. It is a class B type estuary according to Pritchard's classification
               (1955). The axis of Winyah Bay is roughly oriented in a northwest-southeast
               direction. The estuary is narrowest near its confluence with the ocean 0.5 km) and
               widest in the center (7 km). At the upper end of the bay where the major rivers
               (Black, Pee Dee, and Waccamaw rivers) converge, the width is about 2 km.
               Prominent features of Winyah Bay include: long rock jetties which project more than
               a mile into the ocean from North and South islands, several large islands within the
               bay, and a large shallow mid-section known as Mud Bay. Winyah Bay has a mean
               depth of only 15 ft (4.2 m) and many hectares of open waterways are less than 6 ft
               (2 m) in depth. A ship channel which is maintained at 27 ft (8.2 m) runs along the
               axis of the bay from the end of the jetties to Georgetown Harbor. Details of the
               bathymetry of Winyah Bay are available from Coast and Geodetic Survey navigation
               map No. 787 and several U.S. Army Corps of Engineers documents (e.g., Trawle,
               1978).

                     The entire Winyah Bay watershed is approximately 18,000 square miles. Four
               major rivers drain into the system. More than 16,000 sq miles of this drainage area
               is associated with the Pee Dee-Yadkin river system which originates in the Blue Ridge
               Mountains area of North Carolina. Water from this area flows across the piedmont


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              region of both North and South Carolina, over the coastal plain of eastern South
              Carolina, and into Winyah Bay through the Pee Dee River. The Waccamaw River also
              receives water from the Pee Dee as the poorly defined, shallow, wide, swampy
              waterways merge upstream of the US Highway 17 bridges. The Black and Sampit
              rivers drain much smaller watersheds. Other characteristics of these watersheds are
              given by the Conservation Foundation (1980).

                     According to Johnson (1972), the freshwater input to Winyah Bay Estuary
              ranges from 2,000 to about 1,000,000 cubic feet per second (cfs), and mean runoff
              is approximately 15,000 cfs. Superimposed on this unidirectional freshwater flow
              toward the ocean is the regular semi-diurnal tidal pattern. Mean tidal amplitude is on
              the order of 1.4 m at the ocean end of Winyah Bay and 1 m at the Sampit River 0.6
              m and 1.2 m on spring tides, respectively; Trawle, 1969). A salt wedge effect occurs
              as heavier salt water moves up estuary along the bottom with a flooding tide, even
              though the overlying freshwater may be flowing toward the ocean. During periods
              of low freshwater inflow, flooding tides move salt water more than 15 miles upstream
              of the US Highway 17 bridges, but under average river flow, the penetration is usually
              within a mile of the bridges. Differences between surface and bottom salinities during
              these periods may be more than 20 ppt.              U.S. Army Corps of Engineers'
              measurements (Trawle, 1978) indicate that while surface water salinities are usually
              29-32 ppt near the ocean entrance during most flow conditions, surface salinities in
              Georgetown Harbor range from about 0 to 10 ppt, Salinity patterns in the mixing
              zone between these ends of the system are highly variable as a result of changing
              freshwater inflow, tidal amplitude, wind conditions, and bottom topography. Further
              information on the hydrography of Winyah Bay is available in Trawle (1969), Johnson
              (1970), and Bloomer (1973).

                     Almost the entire shore of Winyah Bay is vegetated by marshes. Approximately
              31,867 acres (12,747 hectares) of marsh are associated with this estuary. More than
              77% of these marshes are regularly flushed through tidal action; the remaining 13%
              are impounded (Tiner, 1977). Some 80% of the marshes are vegetated by freshwater
              plants while most of the other 20% are inhabited by the brackish water grass Spartina
              cynosuroides and black rush, Juncus roemerianus. Of the 17 estuarine systems in
              South Carolina, Winyah Say is most important in terms of freshwater marshes. In
              fact, about 35% of the state's freshwater marsh lands occur there (Tiner, 1977).
              Relatively small stands of salt marsh cordgrass (Sl2artina alterniflora) occur near the
              entrance of Winyah Bay, and a narrow band occurs adjacent to major waterways
              upstream to the middle bay.

                     Water quality in Winyah Bay is directly influenced by inputs from the
              Georgetown area. Georgetown is one of themost extensively developed areas of the
              Sea Island Coastal Region (Mathews et al., 1980). Winyah Bay has been classified
              as SB, meaning that its waters are not suitable for harvesting of clams, oysters, or
              mussels for market purposes or human consumption (South Carolina Department of


                                                         71










               Health and Environmental Control 1977; South Carolina Pollution Control Authority
               1972). Shellfishing in Winyah Bay has been restricted since 1964 (U.S. Departmen@
               of Commerce, 1979). It is not the intent, objective nor desire of the NI/WB NERR to
               restrict the shipping activities of the port of Georgetown. Rather, the traditional and
               future port activities (i.e. commercial shipping and dredging of channels) in Winyah
               Bay are expected to be the major focus of comparative research projects with North
               Inlet.


                                    C.     Geolog

                      North Inlet waters drain a very large marsh located between Debidue and North
               islands and the mainland. The mainland consists of Pleistocene Storm Beach Terrain
               with ridges oriented in a north easte rly-so uth westerly direction. These ridges intersect
               the Atlantic Ocean at the north end of Debidue Beach. These surficial mainland
               features are underlain by a complex sequence of older coastal plain sediments, a
               sequence which is poorly understood in the immediate area at the present time.

                      Debidue Beach and North Island represent part of a Holocene Barrier Beach
               System. This system has migrated southward in recent times, with principal evidence
               here being the major spit along the northern entrance to Winyah Bay, and smaller spit
               migration land forms along the northern border of North Inlet.

                      North Inlet drains numerous tidal creeks, and two of these extend back through
               the marsh to lie in close proximity to the Pleistocene mainland. The creeks are very
               shallow in depth, never exceeding 30 ft below mean sea level, and commonly
               showing floors which are occupied by sand bars. The marsh areas are underlain by
               silts and clays which extend an unknown depth below the surface.

                      Relief is generally flat; the western third of the peninsula has the most relief
               with bluffs adjacent to Winyah Bay as high as 15 m. Geologically, Winyah Bay
               represents a drowned river basin and receives water from an extensive drainage basin
               (see previous description).

                                    d.     Climate

                      The climate is temperate or subtropical with air and water temperatures ranging
               from - 1 3*C to + 41 'C and 30C to 300C , respectively. Winter temperatures are highly
               variable but generally mild. Ice occasionally forms on high marsh pools, but snow is
               a rare event. Rainfall is about 45 inches (1114 cm.) per year. Daytime temperatures
               are usually above 200C from May through November.




                                                           72









              Hobcaw Barony. During Mr. Baruch's ownership, many famous world leaders visited
              the Barony, including President Roosevelt and Sir Winston Churchill. Ownership of the
              Barony was transferred to Belle Baruch, Mr. Baruch's daughter, and when she died
              in 1964, the property was included as part of the newly established Belle W. Baruch
              Foundation.


                     B.     Uses


                            1 .    Prior


                     Until the Foundation was established and universities started research and
              educational  programs on Hobcaw, the Barony was exclusively for the private use of
              the Baruch family.

                     Traditional public uses of the proposed site will not be altered. These uses
              include boating, fishing, wildlife observation, swimming and recreational harvesting
              of oysters and clams as permitted by state laws. Seasonal hunting for waterfowl and
              rails in the tidal waters of the Reserve is a legal activity. Traditional uses of Winyah
              Bay permitted by state and Federal agencies will continue, including existing shipping
              channels.


                            2.     Existing


                                   a.    Recreation.


                     Public recreational activities are not allowed on the upland areas of the Hobcaw
              Barony. Since Hobcaw Barony is a designated wildlife refuge, no hunting or trapping
              is allowed on the upland portions of the property. However, the tidal waters are open
              under state and Federal jurisdiction and used by the public for boating, fishing,
              swimming and recreational harvesting of oysters and clams. However, seasonal
              hunting on the marshlands for waterfowl and rails in the tidal waterways of the
              Reserve is a legal activity, regulated by State laws, and will not be altered. This
              activity does not take place in areas of the Reserve that will conflict with other
              traditional activities such as fishing and swimming.

                                   b.     Agricultural and Residential.

                     No agriculture takes place on the Barony. At present, Hobcaw House is
              operated as a historical house - museum; however, Bellefield House is the residence
              of Miss Ella Severin, a trustee of the Foundation. There are five other residences on
              the property used by resident research, security, and forestry personnel. Dormitory
              facilities for approximately 80 persons are available for visiting scientists and
              students.




                                                         74











                            2.     Living Resources

                     The North Inlet-Winyah Bay complex contains a diverse but representative
               assemblage of southeastern coastal habitats and associated biological communities.

                     The proposed site includes a range of habitats ranging from salinity-dominated
               freshwater wetlands to ocean-dominated salt marshes.          In addition, a series of
               habitats extending from the open ocean across a barrier island and an extensive salt
               marsh to the uplands are included. Island habitats which are used as bird nesting
               sites as well as a portion of a barrier island are to be part of the reserve.

                     Since 1969, numerous studies have been conducted on the ecology of the
               North Inlet system; however, fewer studies exist for the Winyah Bay portion of the
               proposed estuarine reserve. To date, there are 846 publications representing marine
               and coastal studies completed by Baruch associates (see Appendix J); many deal
               exclusively with the North Inlet-Winyah Bay system. Extensive faunal species lists and
               distribution information has been developed (see Zingmark, 1978; Fox and Ruppert,
               1985; Ogburn et al., 1988) and much of the phytoplankton, macroalgae, marsh
               plants, zooplankton, and meiofauna has been identified (see papers in Appendix E and
               Zingmark, 1978). The area includes many commercial and recreational species of fish
               and shellfish. A variety of'resident and migratory birds inhabit this estuarine system
               (see Bildstein publications in Appendix J). A detailed characterization of the existing
               literature on the physical, chemical, and biological conditions of Winyah Bay and North
               Inlet Estuary is available (Blood and Vernberg, 1992).

                     Although Winyah Bay habitats have not been extensively studied, Allen et al.
               (1982, 1984) have described the temporal and spatial patterns of water column biota
               from the ocean to the mouth of the rivers.


                            3.     Cultural and Historical Resources

                     Hobcaw Barony has a rich history. There is strong evidence indicating that an
               early Spanish settlement was located on the Barony in 1526. For various reasons, the
               Spanish left in 1527. By the 17th century English influence had spread from Virginia,
               and in 1718 King George 11 granted the Hobcaw Barony to Lord Carteret. This area
               became well-known for rice culture and the general region of Georgetown County was
               one of the richest areas in the colonies. On the Barony is located remnants of a
               colonial fort and cemetery, remains of three slave villages, and old cemeteries.
               Artifacts of early Indian settlements are found throughout the area. The King's
               Highway, which was the coastal road from Wilmington, NC, to Charleston, SC,
               crosses the property; George Washington used this road in 1791. In more recent
               time, Mr. Bernard Baruch, famous financier and advisor to presidents, purchased land
               in 1905 and 1907 which comprises the present 17,500 acres tract known as the


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                                   C.     Industrial and Port-Related.


                     No industrial activities occur or are allowed on Hobcaw Barony, although
               designated dredge spoil sites have existed elsewhere on B.W. Baruch Foundation
               uplands bordering Winyah Bay since 1968; these sites are not part of the Reserve.
               It is not the intent, objective nor desire of the NI/WB NERRS to interfere with the use
               of these spoil sites by the South Carolina State Ports Authority. The shipping lanes
               adjacent to the south-western border of the Winyah Bay portion of the Reserve are
               used extensively for activities related to industries located in Georgetown, as well as
               import/export activities centered at the Port of Georgetown. Industries located in
               Georgetown which are dependent upon the continued use of the Port include
               Georgetown Steel, International Paper   ., Santee Cement and AKZO Salt, all of which
               are important to the local and regional economy. In addition, future potential long-
               term Port users and transit type cargoes' under long-term contracts may consist of
               lumber, ore, scrap metals and general cargo which have been handled in the past. In
               order to maintain the shipping channel at the authorized depth, the U.S. Army Corps
               of Engineers must dredge the channel on a regularly scheduled basis. The creation
               of the Reserve will not alter the current or future use of any of these areas designated
               for dredged spoils. The Reserve Draft Management Plan does not call for a change
               from existing or traditional uses of the areas of the Reserve. It is not the intent, goal
               nor desire of the Reserve to restrict shipping and dredging activities of the Port of
               Georgetown which provide a major portion of Georgetown's industrial-based
               economy. The proposed NI/WB NERR is unique in the U.S. in that no other NERR is
               located in such close proximity to Federally maintained shipping channels. One of the
               objectives of the Reserve is to study the relationship between natural ecosystems and
               these shipping/industrial activities in order to establish an information base for the
               wise management and coexistence of both in the future. Hence the establishment of
               the Reserve would not limit the maintenance of existing shipping channels.

                                   d.     Research and Education.


                     The North Inlet Estuary-Winyah Bay site serves as a research and instructional
               facility for the Belle W. Baruch Institute for Marine Biology and Coastal Research of
               The University of South Carolina. It functions as a national and international site for
               estuarine and coastal research and education.


                      Since 1969, a comprehensive research program ranging from studies of
               molecules to ecological landscapes has evolved.           The research approach has
               developed from quantifying various physical, chemical, and biological components and
               interactions between these components, to incorporating exchange of substances
               across ecosystem boundaries and exchanges between different subsystems. Initial
               research efforts emphasized wetland and estuarine processes, but studies have


                                                          75









              expanded to encompass an entire coastal landscape, from ocean to diverse upland and
              freshwater habitats. There is algo a continuing emphasis on molecular and organismic
              studies.


                     Undergraduate, graduate, and post-graduate instruction has been given at
              Hobcaw Barony. In 1980, the Baruch Institute, USC, established a Continuing
              Education Program at its field site in Georgetown to serve area residents and visitors.
              This program has included short courses for children and adults, public lectures and
              forums, and marine science workshops and courses for teachers. Additional public
              education activities are conducted at the site through the Bellefield Nature Center, a
              part of the Belle W. Baruch Foundation. The Nature Center is open to visitors 6 days
              a week and contains aquaria; exhibits featuring coastal life, ecology and research
              conducted on-site; and audiovisual programs that are shown daily. In addition, the
              Nature Center also conducts field studies of salt marsh, forest, and freshwater
              habitats on the property and brings nature programs to local schools.

                     Although significant progress has been made in developing broad-based
              monitoring, research, and education programs, a distinct need exists to improve and
              expand the program to educate more people about the cultural, economic, and
              ecological values of our coastal area and to develop a more comprehensive scientific
              basis to deal with the ever-increasing environmental pressure resulting from continuing
              growth in the coastal zone.

                                   e.     Present Land Use.

                     The present land uses have been described in the previous section on existing
              uses. The area to be included in the Reserve is primarily used for research and
              education, but the tidal waters are used by the public for recreational purposes as
              provided by state and Federal law.

                            3.     Future Land and Rgsource Use

                     No change in land and resource use is proposed as a result of the creation of
              the NI/WB NERR, except to strengthen and expand research and teaching facilities and
              programs to meet future demands. Existing uses of the land and resources by the
              public will be continued in the Hobcaw Barony, as provided by Baruch Foundation
              regulations and State law, and in the tidal waters, as provided by State and Federal
              laws. Traditional uses include sail and power boating, recreational fishing and
              gathering of shellfish, hunting in marshes, etc., that currently exist as provided for by
              the above regulations and laws.






                                                          76














              IV.    ENVIRONMENTAL CONSEQUENCES


                     A.    General


                     Establishment of NI/WB NERR will have a net positive benefit to both the
              natural environment and the human environment. The primary positive impact on the
              natural environment will be long-term protection of the natural resources. This will
              have an obvious positive impact on biota, habitats, and water quality. Research and
              education programs will have a positive impact because they will improve
              understanding, management, and use of coastal resources.

                     The impacts of visitor use and facilities development which may occur at the
              Reserve will be negligible. The impact of littering will also be negligible, if not
              reduced, through education campaigns.

                     Impacts on the human environment will be positive. Research and education
              will result in positive benefits to society. Traditional uses of reserve land and water
              areas will not be hampered. Public contact with the estuarine environment will be
              enhanced.    Effects on employment and tax revenues will be positive. Aesthetic
              impacts will not be negative. Cultural resources will be protected and not adversely
              impacted.

                     B.    Specific Impacts

                            1.    Visitor -Use


                     No change from the existing research and traditional use of the Reserve lands
              and waters will occur. Visitors will be received at the Nature Center, which is located
              at the gate on US Highway 17. All tours of the property will be conducted by
              personnel associated with the Nature Center and the Reserve. Because of the large
              expanse of Hobcaw Barony (it has approximately 90 miles of single lane roads),
              ongoing wildlife and other research projects which require minimal               human
              disturbances, and the liability concerns of the primary landowners (Belle W.     Baruch
              Foundation), it is not feasible to allow unrestricted access to the property. Water
              access to the Reserve tidal waters is possible under existing state and          Federal
              regulations. No additional regulations or restrictions are being proposed.

                     No significant increase in the use of the Hobcaw Barony and the proposed
              Reserve is expected over the usage during 1990 when the education programs of the
              Foundation and the Baruch Institute served about 35,000 people, including more than
              2,900 school children from around the state who participated in field studies of salt


                                                         77











               marsh, pond and forest ecosystems. Approximately 200 teachers from various school
               systems participated in workshops presented by staff members.              The carrying
               capacity for visitor use will be determined and any environmental effects of additional
               visitors will be carefully monitored. Only increases in visitor use which have none or
               only minimal effects on the environment will be permitted.

                            2.     Construction


                     Research facilities are available and the Institute will be constructing a new
               research laboratory in 1992 to replace the two laboratories destroyed by Hurricane
               Hugo. At the entrance to the Hobcaw Barony is the Nature Center which is owned
               and operated by the Belle W. Baruch Foundation and functions as a visitor center. In
               addition to a reception and display area, a separate classroom building is used for
               instructional purposes. The adjacent USC Kimbel Living Center, consisting of housing
               accommodations for 80 persons and a meeting center, is available for workshops,
               seminars, and visiting groups and researchers. Other facilities contribute to the overall
               experience of visitors to the site. Examples of these include interpretive exhibits,
               printed educational materials, a collection of flora and fauna, and a boardwalk.

                     If NI/WB NERR builds or renovates a structure, development activities will take
               place on a very small area of land in the least sensitive zone of the reserve. A
               feasibility study will be conducted to take into account soil suitability, geology,
               vegetative community development, wildlife use, presence of rare, threatened and
               endangered species, and historical land use patterns. Land cover and land use
               categories will be mapped and defined according to suitable uses. The environmental
               impact of any construction and improvements will be fully assessed as part of a site
               design plan. Building will be constructed to conform with federal (i.e. FEMA) and
               state regulations. Any necessary permits or agency and Foundation approval will be
               obtained and applicable state and local guidelines will be followed to avoid
               environmental damage. Overall, impacts from construction and improvements will be
               negligible.

                            3.

                     Litter barrels will be provided at the Nature Center that is also the primary point
               of land access to the site. Periodic litter patrol and dumping of receptacle contents
               will be accomplished by reserve staff and volunteers. Since visitors will arrive in small
               controlled group situations, a major problem with litter should not occur. In addition,
               land access to the site is strictly regulated by gates and fencing installed by the
               Baruch Foundation.






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                           4.      Iml2acts on the Natural Environmen


                                   a.     General


                     Establishment of Reserve will ensure long-term protection of wetland, upland,
              and open-water habitats associated with the research core areas of the Reserve.
              Habitats in the buffer areas will be protected also, but with fewer restrictions on land
              use. Because the reserves' habitats support diverse and productive flora and fauna
              populations and help protect water quality, this protection will have a significant
              positive impact on the natural environment.

                     Research and education programs will have net positive effects on the habitats,
              populations, and water quality of Winyah Bay in that these programs will increase the
              knowledge and understanding of estuarine systems which, in turn, will lead to
              improved care and management of estuaries. Only non-manipulative research will be
              permitted except in special research projects involving a small area of the Reserve and
              often extensive review of proposed research by the management team, the Baruch
              Institute, and SCCC. In addition appropriate permits will need to be obtained.
              Research and education projects will be approved through the permit process and
              managed to minimize disturbance to the environment.

                                   b.     Adjacent Uplands

              Research and educational activities associated with the Reserve will not have negative
              impact on lands adjacent to the Reserve's boundary lines. These adjacent lands are:

                                          (i) The uplands of the Belle W. Baruch Foundation, that
                                          have been established in perpetuity for the purposes of the
                                          study of marine biology, forestry, and conservation of
                                          wildlife;

                                          00 The uplands and marsh lands of North Island that are
                                          owned by the State of South Carolina and have been set
                                          aside as an area of no development; and

                                          (iii) The marsh lands and uplands of the DeBordieu Colony.
                                          These uplands have been developed for residences.

                                   C.     Adjacent Uplands and Open Water.

                     The creation of the Reserve will not have a negative impact on shipping
              channels in Winyah Bay. The management plan clearly indicates that the boundary


                                                         79








              lines do not impinge on existing shipping channels. At the point of closest proximity
              (the region immediately south of the Marsh Islands) the boundary line is the mean low
              water level adjacent to the marsh vegetation. Under state and Federal guidelines, no
              dredging or other disturbances of marsh vegetation would be allowed here even if the
              Reserve did not exist. If these guidelines are changed, the goals of the Reserve would
              not be altered in that one of the research objectives is to compare ecological
              responses of a man-influenced estuary (Winyah Bay) with an undisturbed estuary
              (North Inlet). Hence the establishment of the Reserve would hot limit the maintenance
              of existing shipping channels. (For a more detailed description of state regulations,
              see Section 11. A. 4. c.0)(b)(i) Relationship between- the South Carolina Coastal
              Council and the Management Agency.)

                     The management plan does not call for a change from existing and traditional
              uses of the water areas of the Reserve nor will the creation of the Reserve have any
              effect on existing dredge disposal areas which are located well outside the boundaries
              of the Reserve. These dredge sites do not have an apparent effect on North Inlet.
              Existing dredge spoil areas are being used under a long-term contract involving the
              U.S. Army Corps of Engineers. It is not the intent, goal nor desire of the Reserve to
              restrict shipping and dredging activities of the Port of Georgetown. Rather, it is the
              objective of the Reserve to study the relationship between natural ecosystems and
              these activities in order to establish an information base for the wise management and
              co-existence of both in the future.


                                  d.     Biota


                     Governmental regulations and owner policies dealing with the harvesting of
              natural resources within the NI/WB NERR will not be altered by the creation of this
              Reserve. The comparative research and educational projects that will result from the
              creation of the NI/WI3 NERR will serve to increase public awareness and proper use
              of the natural resources within the site. Overall impact on the biota will be positive.

                                  e.     Water Qualily

                     Winyah Bay has undergone substantial -changes in the past, including episodes
              of increased or decreased freshwater flow, increased sedimentation, and measurable
              deterioration of water quality. North Inlet, by contrast, has been classified by the
              South Carolina Department of Health and Environmental Control as having the highest
              possible water quality status. Immediate impacts on the overall water quality in the
              NI/WB NERR will be negligible. Water quality monitoring will be part of the research
              and monitoring programs of the Reserve.         This monitoring may lead to better
              management practices in the future which could improve overall water quality of the
              site.






                                                       80











                            5.     ImI2aQtS On the Human Environmen

                                   a.     Scientific and Educational


                      Designation  of the NI/WB NERR will make a valuable resource available on a
               long-term basis to local public and private research organizations and institutions.
               Reserve education programs will be useful to local school systems and higher
               education institutions. Education programs will benefit the local communities by
               providing opportunities for groups and individual citizens to increase their
               understanding and awareness of estuarine systems.            Sound, informed coastal
               management decisions resulting from dissemination of research results to coastal
               managers will benefit the local community, the state, the region, and the Nation.

                                   b.     Traditional Uses


                      Establishment of    the Reserve will not restrict traditional uses of the .
               environment. Traditional   uses include observation of wildlife, swimming, hunting in
               marshes, fishing, and shellfishing. Protection of natural habitats and water quality
               may actually enhance traditional uses by enhancing natural diversity and productivity
               of reserve resources. Designation will ensure that the area will be available and
               protected for future use and enjoyment.

                                          (i) Hunting.

                      Hunting in marshes is allowed in the Reserve subject to state and Federal
               jurisdiction and no change in existing practices will occur.

                                          (ii) Fishing.

                      Recreational fishing is currently permitted understate regulation in tidal waters.
               It is not the intent, objective, nor the desire of the NI/WB NERR to change existing
               policies. Both recreational and commercial fishing activities are subject to the laws
               of South Carolina and regulations enforced by the SC Wildlife and Marine Resources
               Department.

                                          (iii) Shellfishing.

                      Shellfishing in the Reserve is governed by state rules and regulations which
               exclude commercial harvesting in North Inlet's tidal waters.          State recreational
               harvesting regulations apply throughout this area. It is not the intent, objective nor
               the desire of the Reserve to change existing policies.



                                                          81










                                                    C.        Emr)lovment


                                No jobs will be eliminated by the designation of the reserve site. In contrast,
                     four new positions will initially be created to begin the basic programs at the Reserve:
                     Reserve Manager, Research/Resource Coordinator, Education Coordinator, and
                     Secretary/Data Processor. The duties and responsibilities of these positions were
                     described earlier. The secretary/data processor, who will be responsible to the
                     Reserve Manager, will handle the various secretarial tasks associated with the
                     program and assist the existing data management program with those topics relating
                     to the Reserve's activities.                     As the program develops, the need for additional
                     personnel will be evident. It is anticipated that a research technician(s) will be needed
                     to assist in field                   studies and             monitoring of living resources and of
                     physical/chemical/geological factors. Overall impact on area employment will be
                     positive.

                                                    d.        Public Particir)ation


                               The designation of the NI/WB NERR will create excellent opportunities to
                     enhance public awareness, understanding, and wise use of estuarine resources in the
                     North Inlet and Winyah Bay Estuaries. These opportunities will be attained by the
                     NI/WB NERR staff through:

                                                              (i)       promoting knowledge of the research reserve, its
                                                              resources, and its programs as well as knowledge of
                                                              broader coastal issues and concerns related to estuarine
                                                              management and protection;

                                                              (ii)      collaborating with other organizations to provide
                                                              educational and interpretive services at this site;

                                                              (iii)     disseminating information gained from research on
                                                              the Reserve to public audiences, including government
                                                              officials, planners, and other decision-makers;

                                                              (iv)      providing opportunities for teacher training, student
                                                              projects, internships, and assistantships where enrolles
                                                              work jointly with scientists, gain field experience, and learn
                                                              about the importance of research results;

                                                              (v)''     enhancing interest in and commitment to South
                                                              Carolina estuaries and their tributaries through volunteer
                                                              programs and personal contact with Reserve resources; and



                                                                                      82











                                          NO    broadening public support for the Reserve by
                                          continuing on-going programs suited to visitors of diverse
                                          interests, ages, and backgrounds.

                                   e.     Fiscal


                     Designation of the NI/WB NERR will not cause any loss of tax revenues to the
              counties or state because no change in existing land ownership and tax status will
              occur. The existence of a National Estuarine Research Reserve site in Georgetown
              County could have positive impacts on the tax base of lands in the immediate area by
              making the nearby properties more desirable and valuable.              In addition, new
              employment opportunities and an increase in the number of visitors to the Nature
              Center will mean an increase in taxable salaries and dollars spent within the county.

                                   f.     Infrastructure: Public Roads and Parkin Areas, Potable
                                          Water Supplies, Sewer Systems, and Energy Sugglies

                     No impacts on the infrastructure of the NI/WI3 NERR area will occur. No new
              public roads, parking areas potable water supplies, sewer systems nor energy supplies
              are necessary since these facilities currently exist at the Hobcaw Nature Center and
              the Baruch Marine Laboratory.

                                   9.     Aesthetic

                     Designation of the Reserve will protect the existing natural beauty of the site,
              and will make this beauty more available to the surrounding communities through
              public access. Reserve interpretation and education programs will enhance the Scenic
              Rivers Act of 1968. 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 multisensorV 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 suc'h 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 site will have a significant
              positive impact on cultural resources.


                                                          83










                                           Public Access


                      Access to the Reserve by land will be monitored and controlled and current
               access policies and regulations will be enforced. As noted previously (see Section III
               B) access to the Reserve's tidal waters by boat is a traditional use and this practice
               will not be altered. The South Carolina Coastal Council reaffirmed this policy on
               public access in a Resolution adopted on December 13, 1991 (Appendix M).

                      C.     Irreversible or Irretrievable Commitment of Resources


                      No resources will be irreversibly or irretrievable lost since no change in land
               ownership will occur. The Reserve management plan does not attempt to change
               existing local, state or Federal laws/regulations relating to current and traditional uses.
               To allow for future growth or change, the NI/WB NERRS program is flexible. The plan
               can only be rewritten or the boundaries changed, subject to a complete public review
               process and NOAA guidelines. The entire program can be terminated in accordance
               with NOAA regulations, should it be desired.

                    I D.     Possible Conflicts Between the Proposed Action and the Objectives of
               the Belle W. Baruch Foundation, Federal, State, Regional, and Local Use Plans, Policies
               and Controls for the Area Concerned


                      The establishment of the proposed NI/WB NERR will not be in conflict with the
               objectives of Belle W. Baruch Foundation, Federal, State, regional and local land use
               plans, policies, and controls. Many of these agencies and the Belle W. Baruch
               Foundation have existing goals which are in common with the National Estuarine
               Research Reserve Program. The proposed action is consistent with all relevant
               regulations. The NI/WB NERR will cooperate with these agencies and the Belle W.
               Baruch Foundation and comply with their regulations. All necessary permits and
               agency or Foundation approval will be obtained for reserve activities. The NI/WB
               NERRS management plan clearly emphasizes coordination and cooperation with
               existing local, state, regional, Federal and Belle W. Baruch Foundation programs; with
               local and state education systems; and with Federal marine and estuarine programs.













                                                          84










             V.     LIST OF PREPARERS


                    State of South Carolina
                    Baruch Institute, USC


                    Dr. Dennis M. Allen, Assistant Director
                    Belle W. Baruch Institute for Marine Biology and Coastal Research
                    Baruch Marine Field Laboratory, University of South Carolina
                    P.O. Box 1630
                    Georgetown, SC 29442

                    Mrs. Wendy Allen, Continuing Education Director
                    Bellefield Nature Center
                    Rt. 5, Box 1003
                    Georgetown, SC 29440

                    Dr. Michael P. Crosby, Research Assistant Professor
                    Belle W. Baruch Institute for Marine. Biology and Coastal Research
                    Baruch Marine Field Laboratory, University of South Carolina
                    P.O. Box 1630
                    Georgetown, SC 29442

                    Dr. F. John Vernberg, Director
                    Belle W. Baruch Institute for Marine Biology and Coastal Research
                    University of South Carolina
                    Columbia, SC 29208

                    SC Coastal Counci

                    Mr. Steve Snyder
                    SC Coastal Council
                    4130 Faber Place, Suite 300
                    Charleston, SC 29405


                    NOAA


                    Mrs. Dolores Washington
                    Program Specialist
                    Sanctuaries and Reserves Division
                    National Ocean Service
                    Office of Ocean and Coastal Resource Management
                    NOAA
                    Washington, D.C. 20235



                                                     85









             Acknowledgements: We would thank J. Blakely, K. Caulfield, P. Kenny, A. Miller, and
             M. Sawyer for their assistance@ with the preparation of this management plan and
             environmental impact statement. Members of the NI/WB NERR Advisory Committee
             were actively involved in the planning and development of this document.















































                                                    86











              VI.    LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS RECEIVING COPIES OF
                     THE FEIS/DMP


                     Federal Agencies

                     Advisory Council of Historic Preservation
                     Army Corps of Engineers, South Atlantic Division
                     Department  of Agriculture
                     Department of Commerce, National Marine Fisheries Service
                     Department  of Defense
                     Department of Energy
                     Department of Health and Human Services
                     Department of the Interior, U.S. Fish and Wildlife Service
                     Department  of Justice
                     Department of Labor
                     Department of Transportation, U.S. Coast Guard and Federal Highway
                     Administration
                     Environmental Protection Agency, Permits Branch, Region IV
                     Federal Energy Regulatory Commission
                     General Services Administration
                     Nuclear Regulatory Commission

                     Congressional

                     Senator Ernest F. Hollings
                     Senator Strom Thurmond
                     Representative Arthur Ravenel

                     State Distributign


                     Governor
                     Attorney General
                     Archaeology Institute
                     South  Carolina Coastal Council
                     South  Carolina Department of Archives and History
                     South  Carolina Department of Health and Environmental Control
                     South  Carolina Department of Highways and Public Transportation
                     South  Carolina Department of Parks, Recreation, and Tourism
                     South  Carolina Forestry Commission
                     South  Carolina Land Resources Conservation Commission
                     South Carolina Public Railways Commission
                     South  Carolina Public Service Authority



                                                       87











                   South Carolina Public Service Commission
                   South Carolina State Budget and Control Board
                   South Carolina State Development Board
                   South Carolina State Ports Authority
                   South Carolina Water Resources Commission


                   Local Distribution
                   Georgetown County

                   Georgetown County Development Commission
                   Beaufort County Joint Planning Commission
                   Georgetown County Administrator
                   Waccamaw Regional Planning Commission
                   Mayor, Georgetown
                   Senator Doug Hinds
                   Representative Linwood Altman

                   Environmental Interest Groups

                   Center for Environmental Education
                   Environmental Defense Fund
                   The Nature Conservancy
                   National Wildlife Federation
                   Sierra Club
                   South Carolina Chamber of Commerce
                   South Carolina Coastal Conservation League
                   South Carolina Environmental Coalition
                   South Carolina Wildlife Federation
                   League of Women Voters, Georgetown Chapter

                   Libraries


                   Georgetown County Library
                   South Carolina State Library



                   NI/W9 NERR Advisory Committee Members

                   Mr. John McMillan, Director
                   Division of Energy, Governor's Office
                   State House
                   P.O. Box 11369
                   Columbia, SC 29211



                                                  88









                  Dr. James Halpin
                  Belle W. Baruch Foundation at Georgetown
                  104 Barre Hall
                  Clemson University
                  Clemson, SC 29634-0351

                  Ms. Betsy Haskin
                  League of Women Voters
                  218 Cannon Street
                  Georgetown, SC 29440

                  Mr. Jimmy Chandler
                  SC Environmental Law Project
                  P.O. Box 279
                  Pawleys Island, SC 29585


                  Mr. D. Claude Baker
                  SC State Ports Authority
                  P.O. Box 601
                  Georgetown, SC 29440

                  Mr. Bob Joyner
                  Yawkey Wildlife Center
                  SC Wildlife and Marine Resources Department
                  Route 2, P.O. Box 181
                  Georgetown, SC 29442

                  Mr. Bill Doar
                  P.O. Box 418
                  Georgetown, SC 29442

                  The Honorable Linwood Altman
                  P.O. Box 164
                  Pawleys Island, SC 29585

                  Mr. Tommy Strange
                  Santee Coastal Reserve, SCWMR
                  P.O. Box 37
                  McClellanville, SC 29458


                  Mr. Alfred Schooler, Chairman
                  Georgetown County Council
                  P.O. Drawer 1270
                  Georgetown, SC 29442



                                                89









                   Mr. Charles Lucquire
                   international Paper Corp6ration
                   P.O. Box 538
                   Georgetown, SC 29442


                   Mr. Dan Avant
                   Edens & Avant
                   930 Richland Street
                   Columbia, SC 29201


                   The Honorable H.E. Bonnoitt, Jr.
                   Mayor, City of Georgetown
                   P. 0. Box 164
                   Georgetown, SC 29442

                   Mr. Jack Kendree
                   Georgetown County Development Commission
                   P.O. Box 689
                   Georgetown, SC 29442

                   Mr. Ingell H. Doyle
                   Georgetown Bar and Harbor Pilots Association
                   P.O. Box 404
                   Georgetown, SC 29442

                   Mr. James B. Moore, Jr.
                   P.O. Drawer 418
                   Georgetown, SC 29442

                   Mr. Dean C. Cain
                   SC Wildlife and Marine Resources Department
                   P.O. Box 839
                   Georgetown, SC 29442

                   Mr. Charles, Stockly
                   Georgetown Sportfishing Association
                   603 Whitehall Drive
                   North Belle Isle
                   Georgetown, SC 29440

                   M r. Stuart Hope
                   12 Lafayette Blvd West
                   Debordieu Colony
                   Georgetown, SC 29440



                                                     90




  I
  I
                 Mr. Reed M. Bohne, Manager
                 Gray's Reef National Marine Sanctuary, NOAA
  I              P.O. Box 13687
                 Savannah, GA 31416
  1
  1
  1
  1
  1
  I
  I
  I
  I
  I
  I
  I
  I
  I
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                VII. SELECTED REFERENCES

                Allen, D.M., S.E. Stancyk,, and W.K. Michener, eds. 1982. Ecology of Winyah Bay,
                       SC and Potential Impacts of Energy Development. Baruch Institute Special
                       Publication No. 82-1. 275 pp.

                Allen, D.M., W.K. Michener, and S.E. Stancyk, eds. 1984. Pollution Ecology of
                       Winyah Bay, SC: Characterization of the Estuary and Potential Impacts of
                       Petroleum. Baruch Institute Special Publication No. 84-1. 271 pp.

                Blood, L. and F.J. Vernberg. (11992). Characterization of the physical, chemical, and
                       biological conditions and trends in Winyah Bay and North Inlet Estuaries:
                       1970-1985. In: Characterization of the physical, chemical, and biological
                       conditions and trends of three South Carolina estuaries.             SC Sea Grant
                       Consortium.


                Bloomer, D.R. 1973. A hydrographic investigation of Winyah Bay,             South Carolina
                       and the adjacent waters. Masters Thesis, Georgia Institute of Technology. 57
                       1313.


                Conservation Foundation, The.         1980.    A reconnaissance of the structure and
                       dynamics of the Winyah Bay ecosystem. pp. 1-36, In: The Conservation
                       Foundation. Winyah Bay Reconnaissance Study (Technical Supplement).
                       Washington, D.C.

                Fox, R.S. and E.E. Ruppert. 1985. Shallow-water Marine Benthic Macroinvertebrates
                       of South Carolina. Belle W. Baruch Library in Marine Science, Number 14.
                       University of South Carolina Press, Columbia, SC. 329 pp.

                Johnson, F.A.     1970. A reconnaissance of the Winyah Bay estuarine zone, South
                       Carolina. S.C. Water Resources Commission. Report No. 4. 36 pp.

                Johnson, F.A.     1972. A reconnaissance of the Winyah By estuarine zone, South
                       Carolina.  S.C. Water Resources Commission. Report No. 4. 36 pp.

                Mathews, T.D., F.W. Stapor, Jr., C.R. Richter, J.V. Miglarese, M.D. McKenzie, L.A.
                       Barclay,   E.B. Joseph, and M.D. McKenzie (eds).                1980.      Ecological
                       characterization of the'Sea Island coastal region of South Carolina and Georgia.
                       Vol. 1: Physical features of the characterization area. U.S. Fish and Wildlife
                       Service, Office of Biol. Serv., Washington, D.C. FWS/OBS-79/40. 212 pp.





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              Ogburn, M.V., D.M. Allen, and W.K. Michener. 1988. Fishes, shrimps, and crabs of
                     the North Inlet Estuary, SC: A four-year seine and trawl survey. Baruch
                     Institute Technical Report. No. 88-1. 299 pp. University of South Carolina,
                     Columbia.

              Pritchard, D.W. 1955. Estuarine circulation patterns. Proc. Am. Soc. Civ. Eng.
                     81 (717):1-11.


              South Carolina Department of Health and Environmental Control. 1977. Water
                     classification standards system for the state of South Carolina.

              South Carolina Pollution Control Authority. 1972. Stream classifications for the state
                     of South Carolina, Columbia, SC. 24 pp.

              Tiner, R.W., Jr. 1977. An inventory of South Carolina's coastal marshes. S.C. Mar.
                     Res. Cent. Tech. Rep. No. 23. 33 pp.

              Trawle, J.J. 1978. Georgetown Harbor, South Carolina; Report 1, hydraulic, salinity,
                     and shoaling verification; hydraulic model investigation. U.S. Army Engineer
                     District, Charleston, S.C. Miscellaneous paper H-78-6, Report I of a series.

              U.S. Department Commerce. 1979. Final environmental impact statement proposed
                     coastal management program for the State of South Carolina.

              Zingmark, R.G. ed. 1978. An Annotated Checklist of the Biota of the Coastal Zone
                     of South Carolina. University of South Carolina Press, Columbia, SC. 364 pp.


              For more information see Publications of the Belle W. Baruch Institute for Marine
              Biology and Coastal Research 1969 - 1989 which contains citations of 750 papers
              published by Baruch Institute personnel.














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  I                                     APPENDIX A
  I                                  Tripartite Agreement
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                         STATE OF SOUTH CAROLINA
                                                                         AGREEMENT
                         COUNTY OF



                                      THIS AGREEMENT made this'         ZZ day of February

                         1975, among THE BELLE W. BARUCH FOUNDATION (the "Foundation"),

                         CLEMSON UNIVERSITY, and the UNIVERSITY OF SOUTH CAROLINA,


                                             WITNESSETH:

                                      WHEREAS,     the FOUNDAT@O    N1 owns over 16, 000 acres of maritime

                         properties in Georgetown County, South Carolina, and is a charitable organiza-

                         tion declared exempt from Federal income taxation by an Internal Revenue

                         Service ruling dated December 24, 1964, and an operating foundation by an

                         Internal Revenue Service ruling dated January 17, 1973;

                                      WHEREAS, the FOUNDATION was created pursuant to the last will

                         and testament of Belle W. Baruch, (which will was duly admitted to probate by

                         &-*e Surrogate's Court of the County of New York, State of New York), the

                         pertinent provisions of said will, (a copy of which is annexed hereto) stating as

                         follows:


                                         'To invest and reinvest the trust property, and, in perpetuity.
                                      to collect the income therefrom, and, after paying to the Trustees
                                      such commissions for the administration of the Trust -is are
                                      allowable under the laws of the State of South Carolina, and such
                                      other expenses of the administration of the Trust, and other proper
                                      legitimate expenses, to use said net income for the purposes of
                                      teaching and/or research in forestry, marine biology, and the care
                                      and propagation of wildlife and flora and fauna in South Carolina,
                                      in connection with colleges and/or universities in the State of
                                      South Carolina. The college or   'colleges or universities in South
                                      Carolina, and-the teaching and research for the charitable Uses
                                      and purposes. above set forth in this Article shall be selected
                                      from time to time by the Trustees, or a majority of those serving
                                      at any time'.-'# The Trustees. in addition to all other powers given
                                      under Lhis Will. are authorized to pay all or part of the expenses
                                      of teachLng and/or research in connection with any college or
                                      colleges and/or universities in South Carolina selected by the
                                      Trustees, which will, as a part of its research or educational
                                      program, assist in the carrying out of the educatlional and
                                      charitable uses and purposes of this Trust*0*

                                           definitely wish the house at flobca%v to be used as a laboratory
                                      for the teaching and/or rcsearch in forestry and/or marine life in
                                      connection with a colle."e jr university in the State of South Carolina.

                                           specif ically ernpowe r my said T ftistee s to keep, maintain and
                                      improve noy lanrl% or building that may be a pitrt of the corptis
                                      of th,-- !:  UST, and to maitc. tiuch addition-t and per-manent improve-
                                      rncntr, to the prop@-rty as will incrca!-.e its productivity and its useful-
                                      ness for the charit; 1)Ia purposes of this Foundation Trust7lg@@'r;
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                                     WHEREAS, an agreement was entered into between the FOUNDATION and

                          CLEMSON UNIVERSITY on November 14, 1963, desi.-ned to implement a program

                          developed by the FOUNDATION in conjunction with the UNIVERSITY and pursuant

                          to which CLEMSON UNIVERSITY has furnished professional advice to the FOUNDA-

                          TION with respect to the scientific management of forested lands, beach areas, and

                          aquatic environments, and the operation and management thereof in their use as a

                          research and teaching facility; assembled data with.respect to trees and vegetation,

                          and the succession and interaction of plant and wildlife populations; made studies

                          of soil types, insects and diseases; developed and implemented programs of research

                          on forestry; and*conducted biological investigations of the FOUNDATION'S property-,

                          and


                                     WHEREAS, an agreement was entered into on March 22, 197Z, between

                          the FOUNDATION and the UNIVERSITY OF SOUTH CAROLINA, designed to implement

                          a i rogram. developed by the FOUNDATION in conjunction with the UNIVERSITY and

                          pursuant to which the UNIVERSITY OF SOUTH CAROLINA has furnished professional

                          advice to the FOUNDATION with respect to the preservation of marsh and estuarine

                          areas -And the operation and management thereof in their use as a research facility;

                          made studies on the functioning of high salinity marshes; developed programs of
                          research in marine biology; and erected a laboratory for the co@duct of such

                          research on the FOUNDATION'S property;  and

                                    WHEREAS, the FOUNDATION has reviewed with CLEMSON UNIVERSITY

                          and the UNIVERSITY OF SOUTH CAROLINA the desirability of a long-range joint

                          program directed towards the coordination of activities and procedures of the

                          UNIVERSITIES and FOUNDATION in inter-related spheres of interest and pursuit

                          with a view to assuring the preservation and conservation of the ecological and

                          environmental qualities of the FOUNDATION'S property and the preservation of. its

                          historical value as a whole; and

                                    WHEREAS. in recognition of the identity of the Interests of the FOUNDA-

                          TION and the UNIVERSITIES as state universities in the preservation and conserva-

                          tion in perpehilty for the benefit of the State of South Carolina and the public of the

                          valuable resources of the FOUNDATION'S property. the FOUNDATION has concen-

                          trated and is desirons of continuing to concentrate its avail,@blo funds tow.%rds













                                                           -3-



                       this objective and special research and teaching projects in forestry, marine

                       biology and the care and propagation of wildlife and nora and fauna in the State

                       of South Carolina it conducts on its property; and

                                   WHEREAS, in recognition of the value to the public of the coordination

                       of the activities of the FOUNDATION, and the UNIVERSITIES, and their continuance,

                       the FOUNDATION has determined that its purposes would be furthered by the opera-

                       tion, management, and use of its property as provided for in this agreement.

                                   NOW, THEREFORE, in consideration of the mutual agreements con-

                       tained herein, the parties hereto hereby agree as follows:


                                   1. Use of Property


                                   Subject to the terms and conditions of this agreement, the FOUNDATION	

                       shall from time to time with the aid and consultation of CLEMSON UNIVERSITY and


                       the UNIVERSITY OF SOUTH CAROLINA, delineate by zones depicted on appropriate

                       maps the specific areas within the FOUNDATION'S property which the UNIVERSITIES

                       can manage and use in conjunction with the FOUNDATION. Delineation of these

                       areas may be changed or modified in accordance with Article 19 of this agreement
                       and in such manner as shall seem to the F0UNDATION most appropriate for the

                       achievement of its goals, but such delineation shall be made only after the UNI-

                       VERSITIES   have each had opportunity to relate to the FOUNDATION both the status

                       of their research activities and the nature of and extent of any increases or decreases

                       they may wish to seek in the scope of their activities* or responsibilities, or which

                       may be necessitated by change of circumstances.

                                   Subject to the terms and conditions of this agreement, and for the

                       purpose of conducting-a joint project with- the FOUNDATION,-the FOUNDATION shall
                       permit CLEMSON UNIVERSITY' to use and occupy in conjunction with the FOUNDATION,

                       the areas within the portion of the FOUNDATION'S property herein described as the

                       FOREST-MARINE AREA at the locations marked in green on the map      of the FOUNDA-

                       TION'S property attached hereto as Exhibit "A. " The FOUNDATION, subject to the

                       terms and conditions of this agreement, shall further permit CLEMSON UNIVERSITY,

                       to use and occupy the building on the FOREST-MARINE AREA provided for its

                       resident director, and the building provided on such area for its resident forester,




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                            and other buildings on such area as the FOUNDATION may designate, and to use

                            the equipment, furniture, furnishings and other personal property of the F0UNDA-

                            TION located therein or used in connection therewith provided, however, that the

                            UNIVERSITY OF SOUTH CAROLINA in accordance with use plans developed by


                            CLEMSON UNIVERSITY in coordination with the UNIVERSITY OF SOUTH CAROLINA


                            and the FOUNDATION, shall have the right to conduct, meetings, discussions, sern-

                            inars, exhibitions, and other such activities at Hobcaw House, and for such purposes

                            also to use the equipment, furniture, furnishing and other personal property of the

                            FOUNDATION located therein or used in connection therewith in such manner as


                            shall not interfere with the effective use and maintenance thereof by CLEMSON, UNI-

                            VERSITY. CLEMSON UNIVERSITY shall have the responsibility for initiating

                            the consultations necessary for development of a coordinated plan for the use of

                            Hobcaw House, and the UNIVERSITY OF SOUTH CAROLINA and the FOUNDATION


                            shall be responsible for making timely responses to the initiatives'of CLEMSON

                            UNIVERSITY in this regard; and CLEMSON UNIVERSITY shall have the discretion

                            to resolve schedule conflicts in such manner as in its  judgment shall seem. most

                            reasonable in. effecting the purposes* of this agreement but in each instance shall

                            coordinate its decision with the FOUNDATION.


                                       CLEMSON UNIVERSITY, subject to the terms and conditions of this

                            agreement shall with the FOUNDATION use the FOREST-MARINE AREA, and shall

                            use and occupy the said buildings -provided for its resident director and its resident

                            forester, shall use and occupy Hobcaw House and other buildings designated by the

                            FOUNDATION in accordance with the terms stated     above and shall use the said


                            equipment, furniture, furnishings and other personal property of the FOUNDATION

                            located therein or Used in connection therewith, and shall u se and occupy the

                            portion of the boat building in MARSH-MARINE AREA now in use and occupied by

                            it. in accordance with. the terms stated below, exclusively for the purposes

                            enumerated in this agreement, such use and/or occupancy to be conducted in a

                            manner serving and in furtherance of the FOUNDATION'S purposes and programs

                            to preserve and conserve the ecological and environmental qualities of its property

                            (of which the FOREST-MARINE AREA forms a part) and the preservation of its

                            historical value.





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                                     Subject to the terms and conditions of this agreement, the FOUNDATION
                         shall permit the UNIVERSITY OF SOUTH CAROLINA to use and' occupy, in Conjunc-

                         tion with the FOUNDATION, the area3 within the portion of the FOLTNI)ATIOANIS

                         property herein described as the MARSH-MARINE AREA at the locations marked

                         in blue on the map of the FOUNDATION'S property attached hereto as Exhibit "A.

                         The UNIVERSITY OF SOUTH CAROLMA, in.conjunction with the FOUNDATION,

                         sha.11 also have the use of and shaU occupy the marine biology laboratory building

                         and other buildings as the FOUNDATION may designate on the MARSK-MARZIE AREA

                         and shall also use and occupy the boat building on the MARSH-MARINE AREA;

                         provided, however, that CLEMSON UNIVER     SITY shall continue to have the use and

                         oc cupancy of "as portion of z aid boat building an the MARSH -MARINE AREA which is,

                         now in use and occupied by it. and provided further that such use and occupaacy of

                         the boat house by CLEMSON UNIVERSITY shall not interfere with the effective Use

                         'hereof by the UNIVERSITY OF SOUTH CAROLINA. The UNIVERSITY OF SOUTH

                         CAROLINA, subject to the terms and conditions of this agreement, shall. with the

                         FOUNDATIOND use the MARSH-MARINE AREA, and shall use and occupy the marine

                         biolog y laboratory building situated on such area and other buildings as the FOUNDA-

                         TION may designate and shall use and occupy the boat building thereon (other than

                         the portion of such boat bui.1ding now in use and occupied by CLEMSON UNIVERSITY),

                         exclusively for purposes enumerated in this agreement, such use and/or occupancy

                         -to be conducted in a manner serving and in furtherance of the FOUNDATION'S purpose

                         and programs to preserve and conserve the ecological and environmental qualities

                         of its property (of which the MARSH-MARINE AREA forms a part) and the preserva-

                         tion of its historical imporance.

                                    CLEMSON UNIVERSITY shall have, in conjunction with the FOUNDATION,
                         the custody and use of maintenance and safety equipment of tAe FOUNDATION located

                         on or within the FOREST-MARINE AREA or used in connection with maintenance of


                         roads, buildings and equipment. CLEMSON UNIVERSITY shall also have, in conjunc-

                         tion with the FOUNDATION, the use of boat landings. docks, piers, boats and other

                         transportation equipment and maintonance and safety equipment of the FOUNDATION

                         located on or within the MARSH-MARINE AREA in connection with the performance



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                                                           -6-


                         by it of its obligations under this agreement in respect to roads and land areas

                         within the MARSH-MARINE AREA.

                                    The UNIVERSITY OF SOUTH CAROLINA shall, in conjunction with the

                         FOUNDATION, have the use of boat landings, docks, piers, boats and other transpor-

                         tation and safety equipment of the FOUNDATION located an or within the MARSH-

                         MARINE AREA in connection with the performance by it of its obligations under

                         this agreement in respect to areas within the MARSH-MARINE AREA; provided,

                         however, that CLEMSON UNIVERSITY, in accordance with use plan's developed by

                         the UNIVERSITY OF SOUTH CAROLINA in coordination with CLEMSON UNIVERSITY


                         and the FOUNDATION. shall have the right to use the boat landings, docks, piers,

                         boats and other transportation equipment of the FOUNDATION located on the MARSHS-

                         MARINE ARE A; in such manner and at such times as shall not interfere with the

                         effective use thereof by the UNIVERSITY OF SOUTH CAROLINA. The UNIVERSITY

                         OF SOUTH CAROLINA shall have the responsibility for initiating the consultations

                         necessary for development of a coordinated plan for the use of these facilities and

                         CLEMSON UNIVERSITY and the FOUNDATION shal.1 be responsible for making timely

                         responses to the initiatives of the UNIVERSITY OF SOUTH CAROLINA in-this

                         regard, and the UNIVERSITY OF SOUTH CAROLINA shall have the discretion to

                         resolve schedule conflicts in such manner as in its judgment shall seem most

                         reasonable in effecting the purposes -of this agreement but in each instance shall

                         coordinate its decision with the FOUNDATION.


                                   Access roads and water routes to and within the FOREST-MARINE AREA


                         and the MARSH -MARINE AREA and par-king sites within such areas (except parking

                         sites for buildings in use or occupied by the 'resident director and resident forester

                         of CLEMSON UNIVERSITY and for the marine biology laboratory building in Use

                         and occupied by the UNIVERSITY OF' SOUTH CAROLINA), shall be used in common

                         by the UNIVERSITIES and the FOUNDATION; provided, however, that CLEMSON

                         UNIVERSITY, in consultation with the UNIVERSITY OF SOUTH CAROLINA and the

                         FOUNDATION. shall have the authority to regulate traffic so as to ensure the offi-

                         cient maintenance of facilities and a minimum of traffic conflicts for efficient and
                         safe use of the properties, and the UNIVERSITY OF SOUTH CAROLINA shall

                         have comparable authority and responsibility with respect to water routes.

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                                      The FOUNDATION may from time tn time grant casements and other

                          rights to others over the FOREST-MARINE AREA and/or MARSH-MARINE AREA

                          and may make such additional uses of the FOREST-MARINE AREA and MARSH-

                          MARINE  AREA as in     each case shall not interfere with the effective use of the


                          same by the UNIVERSITIES for the purposes enumerated in this agreement. Any

                          such use of FOREST-MARINE AREA and/or MARSH-MARINE AREA by the FOUNDA-

                          TION shall be subject to safety regulations prepared by the UNIVERSITIES and

                          approved by the FOUNDATION as provided in Article 2 of this agreement.

                                      The boundaries of the FOREST-MARINE AREA and the MARSH-MARINE

                          AREA, determined by the FOUNDATION in consultation with the UNIVERSITIES,

                          shall at al1 times encompass not less than the entire acreage of the FOUNDATION'S

                          property. Any contiguous property hereafter acquired by che FOUNDATION shal.1,

                          if the FOUNDATION in its sole discretion so determines, be added to either area

                          and shall be subject to the terms and conditions of this agreement. (It is recognized

                          that a portion of the FOUNDATION'S property is subject to the legal Ufa tenancy

                          granted to Miss Ella A. Severin by the %rill of Belle W. Baruch, and that no pro-

                          visions of this agreement shall in any wise affect such legal Ufa tenancy.)

                                      2. Safety Regulations

                                      Each UNIVERSITY shall prepare and submit for approval by the FOUNDA-

                          TION comprehensive safety regulations appertaining to its area(s) of responsibility.

                          These shall include. without being limited to, fire ru1es and precautions, emergency

                          warning systems, communication procedures, admiS3ion restrictions, permits and

                          identification badges. Regulations on road use, speed limits, traffic control and

                          their enforcement, shall be the responsibility solely of CLEMSON UNIVERSITY.

                          Enforcement of safety regulations with respect to the use of water routes shall be
                          the responsibility solely of the UNIVERSITY OF SOUTH CAROLINA.

                                      3. Protection of Property

                                      It is recognized by the parties to this agreement that the primary value

                          of the FOUNDATION'S property is the availability of the diverse environmental

                          and ecological characteristics of the FOREST-MARINE and MARSH-MARINE AREAS,

                          with their wildlife populations, for the purposes of teaching and research.




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                         Therefore, it is essential that these physical qualities be'conserved and preserved

                         in such a manner as to offer the widest range of benefits from use of the property

                         for teaching and/or research in forestry and marine biology, and the care and

                         propagation of wildlife and flora and fauna in perpetuity. In the event any activity

                         shall be engaged in on the FOREST-MAR114E AREA and/or MARSH-MARUX AREA

                         that adversely affects the teaching and research values of the FOUNDATION'S

                         property, the UNIVERSITIES shall take such steps as are necessary to cause the.

                         cessation of such activity or to compel its discontinuance and to prevent its


                         recurrence.


                                     UNIVERSITIES shall attempt to secure assistance and services available

                         from law enforcement officials of the state, local and federal governments for the

                         protection of the FOUNDATION'S property.

                                     UNI'%MRSITIES shall cooperate with the FOUNDATION, upon its request,

                         in attempting to have its properties declared a sanctuary both state and federal.,

                         and i otherwise affording to FOUNDATION'S property the protection provided by

                         conservation and similar laws.


                                     4. Overations and Activities


                                     CLEMSON UNIVERSITY, in accordance with Its past practice, shall

                         continue to provide professional advice to the FOUNDATION with respect to the

                         scientific management of the FOREST-MARINE AREA, and the operation thert:of in

                         its use as a research facility, and, in accordance with programs and policies

                         heretofore and hereafter initiated and/or approved by the FOUNDATION, shall

                         continue, in conjunction with the FOUPWATION, to conduct research and provide

                         teaching in forestry and the care and propagation of wildlife. flora and fauna within

                         the FOREST -MARINE AREA, as depicted an the map attached hereto as Emhiblt "A."

                         and to develop and implement management concepts and procedures withizz% the

                         FOREST-MARTNE AREA.


                                    The UNIVERSITY OF SOUTH CAROLINA, in accordance with its

                         past practice, shall continue to provide professional advice to the FOUNDATION

                         with respect to the preservation of the MARSH-MARINE AREA and the operation

                         thereof in its use as a research facility. and in accordance with programs and



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                                                               -9-


                        policies heretofore and hereafter initiated and/or approved by FOUNDATION,
                        shall continue, in conjunction with the FOUNDATION, to conduct research and provide

                        teaching in marine biology and the care and propagation of wildLife, flora. and fauna

                        within the MARSH-MARINE AREA, as depicted on the map attached hereto as

                        Exhibit "A, " and to develop and implement management concepts and procedures

                        within the MARSH-MARINE AREA.

                                     All activities conducted by the UNIVERSITIES on the FOUNDATION'S

                        property. and all decisions of the UNIVERSITIES which involve the conservation,

                        preservation or use of the FOUNDATION'S properly must be approved by the

                        FOUNDATION in advance.


                                     After consultation with and the approval  of the FOUNDATION, each

                        of CLEMSON UNIVERSITY and the UNIVERSITY OF      SOUTH CAROLINA shall:

                                     (i) Conduct special seminars, lectures and symposia within

                            its field of interest for scientists and advanced students.

                                     (ii) Enagage in teaching and research programs determined

                            to be of value in carrying out the purposes of this agreement.

                                     (iii) Each of CLEMSON UNIVERSITY and the UNIVERSITY

                            OF SOUTH CAROLINA shall provide, the FOUNDATION with progress

                            and completion reports on approved proposals; prepare timely technical,

                            administrative, and financial reports on its activities for the FOUNDA-

                            TION and. application of funds received from the FOUNDATION not less

                            frequently than annually; furnish the FOUNDATION copies of project

                            outlines, -completed reports, and articles and other material appearing

                            in scientific jourcals and other publications with respect to the progress

                            and results of research and other activities -supported through this


                            agreement.

                                     All activities of the UNIVERSITIES listed above, including all research.

                       teaching, etc., shall be for the purpose of preserving and conserving the ecological

                       and educational qualities of the FOREST-MARINE and MARSH-MARINE AREAS

                       for teaching and research in forestry and the care and propagation of wildlife,

                       flora and fauna within the FOREST-MARINE AREA and in marine biology and the care

                       and propagation of wildlife, flora and fauna within the MARSH-MARINE AREA.


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                                     5. Disbursement of Income - Contribtition  of Funds


                                     After reviewing the proposals for research projects. teaching and other

                         activities made by the UNIVERSITIES to the FOUNDATION. and after allocatLng to the

                         UNIVERSITIES funds required for maintenance and upkeep of the FOUNDATION'S

                         property, the FOUNDATION shall determine which portion of its income for the year

                         Will be used to support such research, teaching and other activities of the two U`1NI-

                         VERSITIES and will notify ihe UNIVERSITIES as to the funds available to them.

                                    The FOUNDATION shall make no distribution of income for teaching or

                         .research purposes during thd'term of this agreement whi-ch are independent of the.

                         teaching and research programs of the UNIVERSITIES conducted in conjunction with

                         the FOUNDATION.


                                    6. Maintenance, Repairs and Taxes

                                    Except as otherwise provided herein, CLEMSON UNIVERSITY shaU keep

                         and maintain in good order and repair and in safe condition all b%LUdings, roads. vehicle

                         ey-tries, drives and parking areas. boat landings, docks, piers, boats and other trans-

                         portation equipment and maintenance equipment of the FOUNDATION. The costs of

                         maintaining aforementioned buildings, roads, capital improvements; costs of mainte-

                         nance, repair, and replacement of service vehicles used jointly by all parties or for

                         general maintenance of the property; and costs of taxes, sball be paid by the FOUNDA-

                         TION. CLEMSON UNIVERSITY. in consultatior, with the UNIVERSITY OF SOUTH

                         CAROLINA-Pund the FOUNDATION, -shall prepare and submit to the FOUNDATION prior

                         to the beginning Of each fiscal year a budget estimate of the costs for the forthcoming

                         year for the e=enditures defined in this Article.

                                   The UNIVERSITY OF SOUTH CAROLINA shall, except as otherwise re-

                         quired by this Article of CLEMSON UNIVERSITY, keep *and maintain the interior areas

                         of the marine biology laboratory building in use and occupied by it in the M.ARSH-

                         MARINE AREA. and the fixtures and appurtenances thereto. and any equipment      or
                         other personal property of the FOUNDATION located therein or used in connection

                         therewith in good order and repair and in safe and clean condition and shaU further

                         keep and maintain in good order and safe condition, free from obstruction, the entry,

                         drive. and parking areas of the building.

                                   7. Alterations and Improvements
                                   Recognizing that future building and expansion may be neccsxary to
                         carry out effectively the purposes of the UNIVERSITIES and the FOUNDATION.
                         neither UNIVERSITY shall make any alterations. installations, additions or














                            improvements on, in or to FOREST -MARINE AREA and MARSH-MARINE AREA,

                            including any buildings, structures or improvements now or hereafter erected

                            thereon, -and the fixtures and appurtenances thereto, without the FOUNDATION'S

                            prior written consent, nor shall either UNIVERSITY demolish any part thereof

                            or remove any equipment, furniture, furnishings or other personal property of

                          the FOUNDATION, without the FOUNDATION'S prior written consent.

                                        All buildings, structures and improvements now or hereafter erected

                            on FOREST-MARINE AREA and MARSH-MARINE AREA, and the fixtures and


                            appurtenances thereto, shall be part of the realty. and freehold, and shall not be

                            removed by either UNIVERSITY, without the prior written consent of the FOUNDATION

                            (The removalbe scientific, research, office and other equipment and the movable

                            furniture and  furnishings of each UNIVERSITY, however, shall remain its property

                            at all times and may be removed prior to or at the expiration of the term hereof.

                            Any darnage to the FOUNDATION'S property in the course ot such               by either

                            UNIVERSITY of its movable property shall be repaired by the UNIVERSITY con-

                            cerned at its sole expense and cost. Maintenance, repair transportation and safety

                            equipment purchased by or through either UNIVERSITY with funds provided by the

                            FONDATION and at the FOUNDATION'S specific request or with its approval, shall

                            be deemed property of the FOUNDATION.)

                                        Neither UNIVERSITY shall have any power to do any act , or make any

                            contract which may create or bind the  FOUNDATION for any lien, mortgage or

                            other encumbrance upon FOREST -MARINE AREA and/or MARSH-MARINE AREA,
                            or upon any part thereof or upon the estate of FOUNDATION therein.

                                        3. Utilities and Serv-ices


                                        Each UNIVERSITY shall pay or cause to be paid all charges for utilities

                            and services (including bull without being limited to heat, electric current or power,

                            pump and well. septic tank, telephone and refuse removal). furnished to the

                            occupants of any building, structure or improvement exclusively occupied by it, and

                            the FOUNDATION shall not supply or be responsible or liable for any such utilities

                            or services.







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                                    9. Laws and Orders


                                    The UNIVERSITIES,    and each of them, shall promptly observe and

                         comply with all present or future laws, ordinances, orders, rules, requirements.

                         and regulations of each and every governmental and lawful authority having

                         jurisdiction over all or any part of FOREST-MARINE AREA and/or MARSH-MARINE,

                         AREA, and of the Fire Department, Board of Fire Underwriters and/or similar
                         body exercising functions over the sarne, and of all insurance companies writing

                         policies covering the same or any part thereof.


                                    10. Fire


                                    In case of fire and damage caused thereby to any building, structure,
                                                                                          a

                         or improvement, the FOUNDATION (except as herein otherwise provided) shall

                         repair the same,or the part thereof damaged, with reasonable diligence. Due

                         allowance shall be made, however, for any delay which m ay be caused in connection
                         with the adjustment of fire insurance or by reason of governmental regulations,
                         accidents or other causes beyond the FOUNDATION'S control. If the damage or

                         destruction shall affect the whole of FOREST-MARINE AREA and/or MARSH-MARINE

                         AREA or shall in the sole judgment of the UNIVERSITY concerned be deemed so

                         extensive that the UNIVERSITY concerned cannot reasonably continue the conduct

                         of its activities thereon, then this agreement and the term hereof shall cease and

                         terminate as to such UNIVERSITY upon- the date of such damage or destruction; if,

                         however, only a part of FOREST-MARINE AREA and/or MARSH-MARINE -AREA shall

                         be so damaged or destroyed as to be rendered unusable, and the part not so affected

                         shall be sufficient to permit the UNIVERSITY concerned reasonably to continue

                         the conduct of its activities, or if any building or improvement shall be so damaged

                         or destroyed that the FOUNDATION shall decide not to repair or shall decide to

                         demolish the same, then in either such event, such UNIVERSITY may elect to

                         terminate this agreement by giving FOUNDATION notice of such intention, in which

                         case this agreement shall terminate as to such UNIVERSITY upon the expiration

                         of the time fixed in such notice, or it the UNIVERSITY concerned shall not elect








                                                           A- 12
 











                                                           -13-



                      to so terminate this agreement, this agreement shall continue in full force and

                      effect as to the part of the area concerned remaining usable by such UNIVERSITY.

                                  11. Condemnation or Taking

                                  If during the term of this agreement, the whole of FOREST-MARINE

                      AREA and/or MARSH -MARINE AREA shall be taken for- any public or quasi-pub1ic

                      use under any statute, by right of eminent domain or if a part thereof shall be

                      so taken and the part not so taken is insufficient, in the sole judgment of the

                      UNIVERSITY concerned, for the reasonable continuance of its activities thereon,

                      then in such event, this agreement and the term hereof shall cease and terminate

                      as to such UNIVERSITY on the date when possession by eminent domain shall be

                      taken.    only part of FOREST-MARINE AREA and/or MARSH-MARINE AREA

                      shall be so taken and the part not so taken shall be sufficient for the reasonable

                      continuance of activities 'thereon by the UNIVERSITY concerned, then such

                      UNIVERSITY may nevertheless elect to terminate this agreement by giving the

                      FOUNDATI0N, notice of such intention in which case this agreement shall terminate


                      as to such UNIVERSITY upon the expiration of the time fixed in such notice; or if

                      the UNIVERSITY concerned shall not elect to so terminate this agreement, this

                      agreement shall continue in full force and effect as to such. UNIVERSITY and as to the

                      part of FOREST-MARINE AREA and/or MARSH-MARINE AREA without affecting

                      such UNIVERSITY'S obligations and privileges under this agreement.

                                  In no event shall the UNIVERSITIES or either of them have any claim

                      against the FOUNDATION by reason of any taking by eminent domain as aforesaid

                      of FOREST -MARINE AREA and/or MARSH-MARINE AREA or any part thereof, nor

                      shall the UNIVERSITIES or either of them have any claim to the amount of any

                      portion thereof that may be awarded as darnages or paid as a result of such taking;

                      provided, however, that each UNIVERSITY shall be entitled to receive any part

                      of such damages which is reasonably attributable to the interruption of research or

                      teaching projects in existence, or for which start-up costs have been incurred. Subject

                      to this proviso, each UINIVERSITY hereby assigns to the FOUNDATION any and all other

                      rights or interests of such UNIVERSITY in and to any and all amounts awarded or

                      paid by reason or as a result of such taking.





                                                            A-13
 







                                                                   -14-



                                        12. Termination

                                        (a) This agreement may be terminated by mutual agreement among                         
                                       the parties hereto, or as to either UNIVERSITY by agreement between such

                                     UNIVERSITY and the FOUNDATION.


                                        (b) In the event of any failure by the FOUNDATION to perform any of

                           its obligations under this agreement, which failure shall continue Uncorrected for a

                           period of twenty (20) days after notice thereof and which shall not be caused,directly

                           or indirectly. by governmental regulations, accidents or causes beyond the FOUNDA-

                           TION'S control. either UNIVERSITY may elect to terminate this agreement by giving

                           the FOUNDATION. notice of such intention, and upon the expiration of the time fixed

                           in such notice, this agreement shall cease and terminate as to such UNIVERSITY.

                                       (c) The FOUNDATI0N may upon live (5) days notice to the UNIVERSITY
                                                                                                              
                                        concerned terminate this agreement and the term hereof as to such UNIVERSITY

                           upon or all any time after the happening of one or more of the following events:

                                           Failure by such UNIVERSITY to perform any of its
                                       obligations under Article I hereof, under Article 3
                                       'hereof, under Article 4 hereof, unnder Article 5 hereof,
                                       under Article 6 hereof, under Article 8 hereof, under
                                       Article 9 hereof, and under classes (a)and (b) of
                                       Article 16 hereof, which failure and its effects shall
                                       continue uncorrected for a period of twenty (ZO) days
                                       after, the FOUNDATION shall have given such UNI-
                                       VERSITY notice thereof: provided that if such failure
                                       and its effects cannot with due diligence be corrected
                                       within twenty (ZO) days after such. notice and if such
                                       UNIVERSITY shall promptly commence and shall
                                       therea.fter diligently proceed to take all action reasonably
                                                                                                             I
                                       required to correct the same, then such period shall be
                                       extended to forty (40) days.-

                                       (d) In. case of the termination of this agreement as to only one UNI-

                          VERSITY, the rights and obligations of such UNIVERSITY under this agreement

                          (in respect to the use or occupancy of property, the payment of funds and otherwise)

                          shall become those of the other UNIVERSITY it accepted by the other UNIVERSITY.

                                       (e) Upon the effective date of the termination of this agreement.

                          whether by the FOUNDATION and/or the UNIVERSITIES or either of them, or by

                          reason of extensive damage or destruction    by fire. or upon the expiration of the

                          term of this agreement, the UNIVERSITY concerned shall have the right to terminate

                          long-term research projects in a reasonable period of time but shall immediately

                          cease all short-term research and terminate its occupancy of oF F0REST-MARINE AREA

                          and/or MARSH-MARINE AREA and of every building, structure, and improvement



                                                              A- 14
 













                                                                   -15-



                            thereon. and its use of equipment, furniture, furnishings, and other personal

                            property of the FOUNDATION, and shall at its sole expense and cost, ppromptly

                            remove from, 'the FOREST-MARINE  AREA and/or MARSH-MARINE  AREA all


                            movable equipment and furniture and furnishings put in by it at its sole expense and

                            cost and repair any and all damage done to the FOREST-MARINE AREA and/or.

                            MARSH-MARINE AREA by reason of such removal; however, the UNiVERSITY

                            concerned shall retain the right to re-enter the property solely for the purposes

                            of completing the orderly termination of long-term research projects, providing

                            it notifies the FOUNDATION prior to entry and specifies the length of time  and area

                            in which it will be conducting necessary tasks. Also, the UNIVERSITY concerned

                            shall have the riqht, to publish all data collected at the time of termination and


                            any additional data collected in the process of orderly terminating long-term

                            research.


                                        13. Consultation


                                        The UNIVERSITIES shall consul', with the FOUNDATION with respect


                            to the use of FOREST-MARINE AREA and MARSH -MARINE AREA. and shall

                            keep the FOUNDATION advised of their respective activities thereon and such

                            matters as may reasonably be expected to affect the interests of the FOUNDATION.

                            EitHer of the UNIVERSITIES shall have the right to release general information

                            to the public concerning their research and educational programs on FOUNDATION

                            property to scientific and -lay publications and to advertise for legitimate purposes

                            so long as such information does not contain opinions or statements concerning the

                            policy or the operatins of the FOUNDATION or contain information which would

                            in any way impair or threaten to impair the value of the FOUNDATION'S properties,

                            or which would in any way jeopardize or threaten to jeopardize the FOUNDATION'S

                            status as an operating foundation described in Section 4942 or as an organization

                            exempt from Federal Income Taxation under Section 501(c) (3) of the Internal

                            Revenue Code of 1954, or any successur to said section. Any release of material










                                                                     A- 15
 













                          either printed, written, or oral by the UNIVERSITIES which contains information

                          that relates to the policies of the FOUNDATION or might be detrimental to the

                          FOUNDATION as described within this Article must have written approval by t-e

                          FOUNDATION before such information can be released. If either UNIVERSITY fails


                          to adhere to the policy of advertising and publicity described in this Article, the

                          FOUNDATION, at its discretion, may terminate the agreement with the UNIVERSITY

                          concerned according to Article 1Z hereof.


                                      14. General Restrictions


                                      The UNIVERSITIES and each of them shall not use FOREST-MARINE

                          AREA and/or MARSH-MARINE AREA for any purpose, or permit any condition

                          or activity thereof: (a) which has not bee n authorized by this agreement in accordance

                          with its terms and approved by the FOUNDATION, (b) which is prohibited under

                          any applicable law, ordinance, order, rule, requirement or regulation of a-my

                          governmental or lawful authority having jurisdiction over, or similar body exercising

                          functions over the FOUNDATION or UNIVERSITIES, (c) which is detrimental to the

                          interests of the FOUNDATION, (d) which interferes or conilicts with any purpose

                          of the FOUNDATION, or (e) which interferes with the value of the FOUNDATION'S

                          property as a whole. The existence of detriment referred to in (c) of this Article

                          and the existence of interference or conflict referred to in (d) and (e) of this

                          Article shall be determined solely by the FOUNDATION.

                                     Moreover,


                                         (i) No part of the property or any use thereof or
                                     0f any funds received or payable under this agreement
                                     shall inere or be payable to any private shareholder
                                     or individual or otherwise to or for any purpose which is
                                     not an exempt purpose within the meaning of Section 501
                                     (c) (3) of the Internal Revenue Code of 1954, as now in
                                     force or hereafter amended, and which is further not
                                     exclusively Within the scope of the exempt purposes of
                                     the FOUNDATION as an organization described in said
                                     section.


                                         (ii) No part of the property or the use thereof or
                                     any funds. materials or services contributed by the
                                     FOUNDATION,under this agreement shall be used
                                     directly or indirectly for the carrying on of propaganda
                                     or otherwise attempting to influence legislation or to
                                     influence the outcome of any specific public election or for
                                     any partisan political activity or to further the election or
                                     defeat of any candidate for public or political party office.




                                                              A-16
 












                                                                     -17-

                                          or otherwise for the participation in or intervention (including
                                          publishing or distributing of statements) in any political
                                          campaign on behalf of any candidate for public office.

                                             (iii) No person in the United States shall. on the ground
                                          of race, creed, sex, color, or national origin, be excluded
                                          from participation in, be denied any benefits of, or be subject
                                          to discrimination in the performance of this agreement.

                                             (iv) There shall be no religious worship, instruction or
                                          proselytization as part of or in connection with the performance
                                          of this agreement.

                                          15. No Assignment

                                          Neither UNIVERSITY shall assign, mortgage or encumber any interest

                            herein granted without the prior written consent of the FOUNDATION in each


                            instance.


                                          16. Governing Law

                                          This agreement shall be governed by and construed in accordance

                            with the laws of the State of South Carolina which are applicabLe to the FOUNDATION'S

                            re- property situated in such state. It is understood. however, that the Trustees

                            of the FOUNDATION are subject to the jurisdiction of the Surrogate's Court of

                            the County of New York, and that this agreement is subject to approval by such

                            Court should the Trustees of the FOUNDATION determine at any time that such

                            approval should be obtained.

                                          17. Term of Agreement

                                          The term hereof shall commence on          February 22         1975 and

                            shall continue for a period of twenty-five (25) years and end on      February 22
                           2000
                                   Unless sooner terminated as provided in this agreement.

                                          18. Rulings and Determinations

                                          If any party hereto shall determine at any time to seek a ruling or

                            other determination by the Internal Revenue Service or by any court, governmental

                            or lawful authority with respect to the effect of this agreement or of the perform-

                                  of any obligation imposed by this agreement upon the tax liability or tax

                            exempt status of such party, notice of such intention shall be given to each other

                            party herein and each such other party, at its soe expense and cost, Shall cooperate
                            with and shall assist the party seeking such ruling or determination, Such cooperation

                            and assistance to include , without limitation, assistance in the preperation of any

                            statement, description or portion thereof which shall be deemed necessary by the

                                                                      A- 17
 








                                                               -13-



                         party seeking such' ruling or determination and which shall deal with the activities

                         of each other party hereto or any other matter of which such party shall have

                         special knowledge.

                                     19. Changes in Agreement

                                    This agreement contains the entire agreenent between the parties

                         hereto with respect to the subject matter hereof. Accordingly, the prior agreements

                         between the FOUNDATION and CLEMSON UNIVERSITY, and the FOUNDATION and

                         the UNIVERSITY OF SOUTH CAROLINA of November 14, 1963 and March 22, 1972,

                         respectively, will terminate and cease to be in effect and be replaced by this

                         agreement as of the effective date hereof. Neither this agreement nor any provision

                                                                                                  
                         hereof may be changed, amended, modified, waived, discharged or terminated except

                         by an instrument in writing signed by the parties hereto.

                                    If as a result of any tax ruling, determination, or advice is used to

                         or obtained by the FOUNDATION, from the Internal Revenue Service or any judicial

                         determination obtained by the FOUNDATION, this agreement or any provision hereof

                         shall in the opinion of counsel for the FOUNDATION require modification in order to


                         conform to such ruling or determination, the parties hereto agree to enter -,-.to and

                         execute such modifications for such purpose. In the event that counsel for both

                         UNIVERSITIES shall disagree with counsel for the FOUNDATION as to the need for,

                         or the terms of, or the extent of any modification of the agreement, the parties

                         shall submit the rnatter to the Attorney General of South Carolina for his opinion,

                         'which opinion shall be binding upon the parties.

                                   20. (a) No delay or omission by any party hereto to exercise any

                         right or power accruing upon any noncompliance or default by any other party

                         with respect to any of the terms hereof shall impair any. such right or power or be

                         construed to be a waiver thereof. No waiver by any party hereto of any of the

                         covenants and agreements hereof to be performed by any other party shall be

                         construed to be a waiver of a succeeding default or breach thereof or-of any other

                         covenants or agreements herein contained.

                                        (b) No termination of this agreement shall discharge, release

                         or in any way affect any liability or obligation of any party hereto which shall have





                                                           A- 18
 










                                                              -19-



                        accrued or which may accrue, in whole or in part, by reason of any such termina-

                        tion or of any matter which shall have occurred prior to such termination.

                                          (c) This agreement shall bind and inure to the benefit of the

                        parties hereto and their respective successors and, except as otherwise provided

                        herein, their assigns.

                                          (d) Headings or captions are for purposes of convenience in

                        reference only and shall not limit, describe or otherwise affect any of the terms


                        hereof.


                                          (e) Addresses:


                                             THE BELLE W. BARUCH FOUNDATION
                                             Bellefield Plantation
                                             Georgetown, South Carolina Z9440


                                             CLEMSON UNIVERSITY
                                             Clemson, South Carolina 29631


                                             UNIVERSITY OF SOUTH CAROLINA
                                             Columbia, South Carolina 292O8

                                     IN WITNESS WHERE0F, this agreement has been duly executed as of

                        the day and year first above mentioned in the State of South Carolina.


                                                                 THE BELLE W. BARUCH FOUNDATION


                                                           /a/   -Ella A. Severin
                                                                                                Trustee


                                                                                                Trustee
                                                           /s/    H. M. Arthur
                                                                                                Trustee
                                                           /s/    Leonard T. Scully
                                                                                                Trustee
                                                           /s/    E. Craig Wall. Sr.
                                                                                                Trustee


                                                                                                Trustee


                                                                 CLEMSON UNIVERSITY


                                                                 By: Is/ Robert C. Edwards
                                                                     President


                                                                 UNIVERSITY OF SOUTH CAROLINA


                                                                 By: /s /William H. Patterson
                                                                     President



                                                                 ATTORNEY GENERAL OF SOUTH CAROLINA

                                                                 By: /a/ Daniel R. McLeod




                                                         A- 19
 






                                           Memorandum of Understanding
                                                    between
                                          The Belle W. Baruch Foundation
                                                 Clemson University
                                          The University of South Carolina



                               The Trustees of The Belle W. Baruch Foundation, the President of
                      Clemson University, and the President of the University of South Carolina
                      have on February ZZ, 1975 signed an Agreement establishing a tripartite
                      working relationship among the two Universities and the Foundation  toward
                                                                      
                      joint efforts in teaching and research in Forestry, Marine Biology, and the
                      care and propagation of wildlife, flora and fauna of South Carolina.

                               When the agreement was signed, certain operational procedures
                      were left to be arranged under a separate Memorandum of Understanding.
                      Therefore, it is understood and agreed that:


                      Receipts from FOREST -MARINE AREA


                              The proceeds from harvesting operations within the FOREST -MARINE
                      AREA shall be allocated by the FOUNDATION to CLEMSON UNIVERSITY to be
                      used for scientific management of the FOREST-MARINE AREA.
                                                                                                                I

                      Receipts from the MARSH-MARINE AREA


                              The proceeds of harvesting operations in the MARSH-MARINE AREA
                      shaU be allocated by the -FOUNDATION to the UNIVERSITY OF SOUTH CARO-
                      LINA to be used for scientific management of the MARSH- MARINE AREA.

                      Notification and Request for State Funding

                              On July -first of each year, the  FOUNDATION will notify each UNI-
                      VERSITY of the amount of funds it estimates will be distributed from its net
                      income to each UNIVERSITY for the fiscal year beginning on the following
                      July first. This will enable each UNIVERSITY to include in its normal budget-
                      ary submission to the General Assembly a request for such additional funds as
                      are considered necessary for carrying out its programs. The FOUNDATION
                      will be notified by the UNIVERSITIES of the amount of state support granted by-
                      the legislature as soon as the General Appropriation Bill passes each year.

                      Thousand-Acre Marsh


                              In the area known as Thousand-Acre Marsh, neither 'UNIVERSITY shall,
                      initiate projects within the nnarsh directly affecting the marsh or adjacent forest
                      areas without prior written concurrence of the other UNIVERSITY.



                              IN WITNESS WHEREOF, this Understanding has been duly executed
                      as of the   18th  day of   July 1975
                      CLEMSON UNIVERSITY                     THE BELLE W. BARUCH FOUNDATION


                                                                                              
                      By:                                    By:
                         President



                      UNIVERSITY OF SOUTH CAROLINA


                      By:
                         President





                                                   A-20
 





                                          The Belle W. Baruch Foundation

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                         Figure 5. Property of Belle W. Baruch Foundation. The Marsh-Marine
                                           Area is managed by the Baruch In@titute, USC and is part
                                           of the NI/WB NERR.,- The-Forest-Marine Area is managed by
                                                                          A.-    @L_
                                           Clemson Univer'sity.


                                                                                  A-21




  I
  I
  I
  I
  I
  I
  I
  I                                   APPENDIX B
  I                            Memoranda of Understanding
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I




                                             Draft of Proposed
                                      Memorandum of Understanding
                                                  Between
                                         The State of South Carolina
                                                    and
                            The National Oceanic and Atmospheric Administration
                                               Concerning the
                                      Establishment and Administration
                                       of the North Inlet-Winyah Bay
                                     National Estuarine Reserve Research



                WHEREAS, the State of South Carolina has determined that the waters and related
         coastal habitats of North Inlet and a portion of Winyah Bay provide unique opportunities to
         study natural and human processes occurring within estuarine ecosystems; and

                WHEREAS, it is the finding of the State of South Carolina that the resources of North
         Inlet and portions of Winyah Bay and the values they represent to the citizens of South
         Carolina and the United States will benefit from the management of these sites as part of the
         National Estuarine Reserve Research System (NERRS); and

                WHEREAS, the National Oceanic and Atmospheric Administration (NOAA), U.S.
         Department of Commerce has concurred with that finding and pursuant to its authority
         under Section 315 of the Coastal Zone Management Act of 1972, as amended, (CZMA, P.L.
         92-583, 16 U.S.C. 1461) and in accordance with implementing regulations at 15 CFR 921.30,
         may designate North Irdet/Winyah Bay as a National Estuarine Researr-1k Reserve
         in South Carolina; and

              WHEREAS, the South Carolina Coastal Council (Council) is the
        Governor's designee under Section 315 of the Federal Coastal Zone
        Management Act and the recipient state entity in matters concerning
        all programs and financial awards authorized under the CZMA and the
        implementing regulations, and is responsible for ensuring compliance
        with the rules and regulations of such law in South Carolina as
        authorized in the South Carolina Coastal Zone Management Program
        (Section 48-39-50(B), Code of Laws of South Carolina, 1976, as
        amended); and


             WHEREAS, the Belle W. Baruch Institute for Marine Biology and Coastal Research,
       University of South Carolina (Institute) is the agency designated by the South Carolina
       Coastal Council in the North Inlet/Winyah Bay National Estuarine Reserve Research System
       Management Plan (Management Plan) as being responsible for.managing the North
       Inlet/Winyah Bay National Estuarine Reserve Research System in South Carolina and
       acknowledges the need and requirement for continuing State-Federal cooperation in the long-
       term management of the site in a manner consistent with the purposes sought through their
       designation.
              NOW, THEREFORE, in consideration of the mutual covenants contained herein it is
       agreed by and between the State of South Carolina and NOAA, effective on the date of the
       designation of North Inlet and portion of Winyah Bay as components of the Reserve as
       follows:








                                                B-1






              ARTICLE I: STATE-FEDERAL ROLES IN RESERVE MANAGEMENT

              A.     The Council, serving as the grants award office for the State of South Carolina under
                     Section 315 of the CZMA, and responsible for compliance with the rules and
                     regulations of the South Carolina Coastal Zone Management Program, shall:

                     1.      In cooperation with the Institute, apply for such funds authorized under
                             Section 315 of the czmA for acquisition and development, operation and
                             management, and research monitoring and education in accordance with the
                             Management Plan and annual work plan. The funds received by the Council
                             for these purposes, with the exception of acquisition, shall be contracted to the
                             Institute for Plan implementation with the exception of an amount not to
                             exceed ten (10) percent to be retained by the Council for administrative and
                             enforcement costs as documented in the annual work plan. Land acquisition
                             will be handled by the Council with no administrative costs and all lands and
                             properties will be deeded directly to the Institute or appropriate State agency.

                     2.      Ensure the Management Plan and annual work plan is consistent with the
                             South Carolina Coastal Zone Management Program.

                     3.      Provide increased surveillance and monitoring to ensure protection of the
                             NERR site and enforcement of the rules and regulations of the South Carolina
                             Coastal Zone Management Program.

             B.      The Institute, serving as the managing agency for the Council to implement the
                     Management Plan, shall be the principal contact with NOAA for the State of South
                     Carolina in all matters concerning the Reserve, with the exception of fiscal awards,
                     and will serve to ensure that the Reserve is managed in a manner consistent with the
                     goals of the National Estuarine Reserve Research System and the management
                     objectives of the Management Plan. The Institute's responsibilities for Plan
                     implementation will include the following:

                     1.      Effect and maintain a process for coordinating and facilitating the roles and
                             responsibilities of all local, state, and federal agencies involved in the
                             management of the Reserve, including but not limited to:

                             a.     Enforcement programs regulating water quality, fish and wildlife
                                    habitat protection, sport and commercial fisheries, and non-
                                    consumptive recreational activities;

                             b.     The on-site administration of facilities, programs, and tasks related to
                                    Reserve management;

                             C.     Activities and programs conducted pursuant to the State's Federally-
                                    approved coastal management program, and

                             d.     Research and educational agenda developed and implemented in
                                    accordance with corresponding elements of the Management Plan;





                                                         B-2







                 2.    In cooperation with the Council, prepare and submit to NOAA for approval an
                       operational strategy which in coordination with the Plan describes how the
                       State of South Carolina intends to meet its long-term commitment to the
                       management of the Reserve. The strategy, at a minimum, will describe the
                       following:

                       a.   Specffic mediation procedures and resolution mechanisms, developed
                            jointly with the Sanctuaries and Reserves Division (SRD)
                            of NOAA, for reaching mutually acceptable solutions for correcting or
                            avoiding conflicts requiring action under the CZMA and regulations;

                       b.   The procedures developed in accordance with SRD guidelines and
                            proposed by the State as a means for prescribing contingency responses
                            to emergency conditions that exceed routine Plan implementation; and

                       C.   The Plan's continuing functioning, after Federal financial assistance for
                            operations and management ends, as a vehicle for carrying out the
                            mission of the national program, i.e., (i) how the State intends to
                            coordinate Reserve management with its coastal resource management
                            decision-making process; (ii) the anticipated work program, priorities,
                            and sources of funding for ensuring the continued maintenance of the
                            Reserve, and (iii) the means relied upon by the State to assure NOAA
                            that real property acquired with Federal Funds for the purposes of the
                            Reserve will continue to be used in a manner consistent with 15 CFR
                            921;

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

                 4.    Submit periodic reports as reclAred to the Councfl and NOAA on the Reserve
                       describing the program and fiscal performance in Plan
                       i -lementation and a detailed work program for the following
                       MP
                       year of operations, including budget projections and
                       research efforts;
                 5.    Respond to NOAA!s requests for information and to evaluate findings made
                       pursuant to Section 312 of the CZMA; and
                 6.    In the event that it should become necessary, based on findings of deficiency,
                       serve as the point-of-contact in conjunction with.the Council for the State of
                       South Carolina in actions involving the possible withdrawal of Reserve
                       designation, as provided at 15 CFR 921-35.
           C.    With NOAA, the sanctua'ries and Reserves DivisionMD),-Office of
                                                                                   ho
                 Ocean and Coastal Resource Management (OCRM), will serve to administer the
                 provisions of Section 315 of the CZMA to ensure that the Reserve is managed in
                 accordance with the goals of the National Estuarine Reserve Research System and the
                 Plan. In carrying out its responsibilities, the SRD will:




                                                 B-3









                       1.     Subject to appropriation, provide financial assistance to the SCCC, consistent
                              with 15 CFR 921 for acquisition, development, management and operation of
                              the Reserve;                 %.

                       2.     Subject to appropriation, provide financial assistance to the state on a
                              competitive basis for research, monitoring and education programs at the
                              Reserve;

                       3.     Serve as the point-of-contact for NOAA in discussions regarding applications
                              for any financial assistance received by the State under Section 315 of the
                              C2MA, including any and all 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 the State'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; and

                       5.     Establish an information exchange network cataloging all available research
                              data and educational material developed on each site included within the
                              nationai system of estuarine research reserves.

              ARTICLE 11:    REAL PROPERTY ACOUIRED FOR THE PURPOSES OF THE RESERVE

                       The State of South Carolina agrees to the conditions set forth. at 15 CFR 921.21(e)
                       which specify the legal documentation requirements concerning the use and
                       disposition of real property acquired for Reserve purposes with Federal ftmdsunder
                       Section 315 of the CZMA.


              ARTICLE III: PROGRAM EVALUATION

              A.       During the period that Federal financial assistance is available for Reserve operations
                       and management, OCRM will schedule, periodic evaluations of the State' s
                       evaluations of the State's performance in meeting the conditions of such awards and
                       performan-ce in meeting the conditions of this MOU. Where findings
                       of cieficiency occur, NOAA may initiate action in accordance with the designation withdra'.
                       procedures established at 15 CFR 921.

              B.       After Federal financial assistance under Section 315 of the CZMA is no longer
                       available for the operation and management of the Reserve, OCRM will continue to
                       evaluate, pursuant to Section 312 of the CZMA and the corresponding provisions of
                       15 CFR 921, the Institute's and the Council's performance in implementing the Plan
                       and developing strategy to assist the State in the long-term management of the
                       Reserve. Where findings of deficiency occur, NOAA may initiate action in accordance
                       with designation withdrawal procedures established at 15 CFR 921.






                                                            B-4









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


           Director                                         H. Wayne Beam, PhD
           Office of Ocean and Coastal                      Executive Director
             Resource Management                            South Carolina Coastal Council
           National Oceanic and Atmospheric
             Administration
           U.S. Department of Commerce


           Date                                             Date


           William F-arrigan                                John C. Hayes, III
           Acting Chief                                     Chairman
           SAnctuaries and Reserves                         South Carolina Coastal Council
                   Division
           Offic- of Ocean and Coastal
                   Resource Management
           National Oceanic and Atmospheric
                   Administration
           U.S. Department of Commerce


           Date                                             Date



                                                            Ardis M. Savory
                                                            Office of Sponsored
                                                                   Programs and Research
                                                            University of South Carolina


                                                            Date



                                                            F. John Vernberg, PhD
                                                            Baruch Institute
                                                            University of South Carolina


                                                            Date




           Witness



           Date






                                                    B-5




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 I                                      APPENDIX C
 I                  National Estuarine Research Reserve Program Regulations
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                                                       J@
                                            A          Monday
                                                       July 2j, 1990







                                        AMA,
                                    S
                                     SEW lffl
                                      Q
                                       UM







                                                       Department of
                                                                  erce,.

                                                               Oceanic -and Atmospheric'
                                                       Admbid@on

                                                       15 -CFR.PzTt 921
                                                       WatlonWEstuarine iqese_r@e Pesearch
                                                       ,-System Program Reg.uktions; hftdm


~0




              ~1p~            Federal Register / Vol. 55. No. 141 / Monday. July ~2~3~ 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 in themselves. Consultation by the
              Administration                                           management Division: Office of Ocean                      Secretary with other Federal and state
                                                                       and Coastal Resource Management.                          agencies to promote ~use c~qf one ~cr more
              15 CFR Part 921                                          NOS/NOAA~. 1825 Connecticut Avenue                         reserves within the System by suc                ~.~n
                                                                       NW.: Suite 714~; Washington. DC 20235,                     agencies when conducting estuarine
              ~j~0c~~k~e~t No. 70874~-0133~q1                                  (202) 673~-5126.                                           research is also a clearly defined goal of
              N~~f~lo~nai Estuarine Reserve Research                      FOR FURTHER INFORMATION CONTACT.                          the Syster~n. The regulat~l~c~n~s also
                                                                       Mr. Joseph A. Uravit~ch. (202) 673~-5126.                   emphasize the use of a reserve's r~,~.at~L~:ral
              System Program Regulations                               SUPPLEMENTARY INFORMATION:                                resource's and ecology to enhance public
              ~~~ENCY~: Office of Ocean and Coastal-                                                                              awareness arid ~u~rd~er~st~anding of
              Resource Management ~(~'~8qOCRM)~,                             1. Authority                                              estuarine areas, a~nd to provide s~u~"~a~qb~le
                                                                                                                                                                  cation a~nd
                                      ~rvic~a (NOS), N                                                                             opportunities for public ed~L
              ~;~~qf~qt~n~a~ql Ocean ~qSe-                                   atio~n~al This notice of interim final rulemakin~qg
              Oceanic and Atmosphe~n~c                                   is issued under the authority of section                  interpretation. This education goal has
              A~~~i~n~@str~at~4~cn ~q(N~2qO~2qAA), Department of                    315~q(a~q) of the Coastal Zone Management                     been elevated to become one of the
                                                                                                                                 essential criteria ~for des~qi-nat~4on of a
              C~~m~merce.                                               Act of 1972 as amended. 16 U.S.C. 1461
              ACTION: Interim final rule.                              (the Act). The National Estuarine                         reserve.
                                                                       Reserve Research System has been                          IV. Revision of the Procedures for
              SUMMARY: The regulations revise                          operating under regulations published                     Selecting, Designating and Operating
              existing rules for national estuarine                    June 27, 1984 (49 ~qFR 26~q510).                              National Estuarine Re~sear      ch Reserves
              reserves in accordance with the Coastal                  11. General Background                                    (A) Revision ~qq~qf Des~i~r~q@nc~ti~on C~ri~l~e~n~'~c~.
              Zone Management Reauthorization Act                        On October 28,1988 (53 ~qFR 43816)                        The Coastal Zone Management
              of ~~985 (title IV. subtitle ~6qD, Pub. L 9~q9-                NOAA published proposed regulations                       Reauthorization Act of 1~q985 established,
              272) 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 ~qmay
              F-72~q6~-5-~q010, ~"C~ipport~7~un~qit~qies to                         section 315 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                   I                                                              I
              April 7, 19~q8~q6, the name of the Estuarine                 final regulations. A                                      - ~- ~q(1) the Governor of the coastal state in
              Sanctuary Program changed to the                                                   ummary of the                   'which the area is located nominates the area
              National Estuarine Reserve Research                      significant changes to the proposed                       'for that designation: and
              System Program~: estuarine sanctuary                      regulations is presented below.                           (2) the Secretary finds that:
              sites are now referred to as national                      These interim final regulations                         (A) the area is a representative estuarine
              es~ua~r~qine research reserves. These                       establish the Program's mission and                       ecosystem that is suitable for long-term
              regulations revise die p~qi~q6cesi~ql~o~r~'-~.                     goals and revise procedures for                           -research and contributes to the
                                                                                                                                 `b
                                             reserves.                                                                           io~geo~qgr~ephical and typological balance of
              designation of research                                  ~selecti~ng~,~"desi~qg~natin~qg and operating                      ~.~I~qk ~.~1                                                 1
                                                                  ~qf    national estuarine research reserves.                     the System~:
              Greater emphasis is.placed on the use o                                                                            ~q(~B) the law of the coastal State provides
                   ~ve              ~5       on
              rese ~' stoaddre snati alesi~q;~4qAr~ql~qn~qi~l~_~@~q:~qA                                    t~qh              d E~in~qi ~0qrb~6q"~4qG~qw~o~q@~'~$~q:~@~6qton~qg-term protection for reserve resources to
                                                                       ~q1~q1~qL Cha~n~2q&~qg ~eName an                       I
              research and management issues, and to                   the Program                                               ~q_~_ ensure a stable environment for research.
              make maximum use of the System for
              research purpo~qe~qe~' through ~q6~0~0~qi~qd~qi~8qa~qt~qi~qo~n~,                   "The 1~q9~6qM Coastal Zone Management                          (C) designation of the area as a reserve will
                                    ~a                                  Act and its ~a~i~qf~qiend~qments established the                  serve to enhance public awareness and
              with NOAA and other Federal and state                    National Estuarine Reserve Researcl~i~' 1~q0~q@~.~.~l~u~nderstandi~n~qg of estuarine areas, and
              agencies which are sponsoring estuarine                  System (System). The System consists of                   provide suitable opportunities for public
              research. Additional emphasis is -also'....'                                                                       -~i~oducation and ~qinterp ta~tio a d
              given to providing financial assistance                  (1) each estuarine sanctuary designated                   ,                    r~e      ~n~; ~n                ~rea is
                                                                       prior to April 7, 1~q98~q6 which is the date ~qof               (D) the coastal State in which the a.
              to states to enhance public awareness                    ena ~ctment of the Coastal Zone                           locate~'d has complied with the requirements
              and unders~tandi~rg of estuarine areas by                  Management Reauthorization Act of                         Of any regulations issued by the Secretary to
              providing opportunities for public:.- I                                                                            ~e~;~-~w~@ implement this section.
              education and interpretation. ~qT~qhe                        ~.~q1~q9~8qM. and ~q(2) each estuarine area                         ~.~7
                                                                       designated after the Act. The term                        'Some of t~qhese criteria for designation
              regulations provide new guidance for
              delineating reserve boundaries,and new                   estuarine sanctuary no longer appears in are either new or substantially more
                                                                       regulations; the term research reserve or'                specifi~q6 than those contained in the
              procedures for arriving at the most                      reserve appears in its place.                    I -~_~. ~7  for~qin~qir regulations. For example, under
              effective and least costly approach to                     The Mission Statement for the           .System         ~hese 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
              authorized for each national estuarine                   Estuarine Sanctuary Program which                         estuarine area for designation, and
              reserve, and criteria for withdrawing the                existed prior to the 198~0q5 amend~16qmen~q_~40q4`                     findings are required that the law of the
                                                                       However. the goals for the National                       coastal state provides long-term
              designation of a reserve. have also been                                                                  ~2q!~q-~qy~q-~q-~q-~q_~qn~qQ                                                                 I
                                                                       Estuarine Reserve Research System                         ~qT~q'~6q!~q?~q;~q1~0qprotection for reserve resources to
              ~edded.                                                   stress the use of reserve sites for                       ..ensure a stable er~qn iro~qn~4qment for
              DATE$: Effective Date: These in~qter~08qI                      prom~qct-~q.on and coordination of estuarine research and that designation of the
              final regulations are effective July Z3,                 research on a national level as the                       -'area will serve to enhance public
              1990.                                                    highest priority and reason for --                        -~q-~q"~q-~q@~0qawarenes~qs and ~qI~8qi~qnderstandin~8qg of
                 C~qom~qr~qn~qen~qts: Comments are invited and                   establishing the System. The protection ~- estuar~qi~52qn~0qi areas. The 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.
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                                    Federal Register I Vol. 5~5, No. 141 ~/ Monday, July 23, 1990 / R~~des and Regulations                                              29941

                       (B) Revision of Site C~rite~n~i~c and               be required to justify the use of ~qfe~e            phase, funds are available for ac~qq~uir~qi~n ~qg
                      P~roc~ed~ar~e~3. The criteria for selecting an        ~sir~rrple acquisition methods and make            interest in lard, which is the primary
                      estuarine area for designation as a              greater use of n~o~n-~qle~e~e simple me~th-~o~qds to       pur-~p~ose of this award. and for minor
                      national estuarine research reserve have         conserve ~cxp~end~it~ure of funds. For each          construction ~qi~e~.~qg.~, nature trails and boat
                      been expanded to provide guidance for            parcel. both in the core area and the            ramps). preparation of architectural and
                      d~ate~rmin~in~qg boundaries for the proposed          buffer zone, states must determine, with         engineering plans a~nd specifications,
                      site. The Office of Inspector General            appropriate justification (1) the                development of the final management
                      Report No. F~-~@-~,~qM-~q5-010 cri~qt~qd~zed ~Lhe             ~rni~n~qimu~qm level o~qf controi~l~l~s~q) required. (2)      p~,~a~n~. and hiring a reserve m~q-~a~-~la~qg~e~r and
                      lack Of S~qp~eCi~qf~*C ~qg~l~l~qi~qdEline~a for setting         the level of ~existi~r~g state control. and (3)     other staff as necessary to in~ip~qL~-m~c~nt
                                                                       ~t~qhe level of ~addi~l
                      limits o~rbound~0q&~i~es ~a~rou~n~:~q1 estuarine                               ~qi~onal state contro~ql~q[s~q)         the NOAA apprcved draft management
                      ~s~3~r~c`-~U~*~a~nes to ensure that only land            required~; states must also exar~a~qh~ne -all         plan.
                      es~szntial to the mi~a~si~o~n of ~t~qhe program          rea~s~ora~qb~qle alternatives for attaining ~t~qhe           The length of time for this ~qi~r~@i~ti~al
                      ~qbe included inside the sanctuary.                additional level of ~c~antrol required,            phase o~qf acquisi~t~qJon and dev~e~q!opm~,~2~r~t
                      References in th~he existing regulations to       p~e~n~o~r~qm a cost analysis of each, and              may be up to three years. After ~t~qhe 6~i~t~c
                      ensure that th~e ~qL~-ound~e~ne~s er~ico~r~r~4qma~s~s           rank, in order ~o~qf cost, t~qh~e alternative          receives Federal designation. as a
                      an adequate port~qicn of the key land and          methods o~f acquisition which were                national estuarine research reserve. t~qh~:~!
                      water areas Of ~t~qhe natural system to             considered. The cost-effectiveness               state may request additional financial
                      ~approx~il~f~.dt~8~an ecological unit are too          assessment ~T~n~ust also ccmp~a.~-e short-            ass~'ista~rce to acquire addi'~qdo~r~al
                      vague, particularly since terms a~:e not          term and long-term casts. The state shall        property interests (e.g., for the buffer
                      d~e~qf~qi~r~ked. The propo~t~;ed regulations              give pri~crity consideration to the "east         zone). for construction of r~e~s~3a~rch and
                      define key land and water areas as a*            cost, ~qmethod(~s) of attaining the                 interpretive facilities, and ~"~a~,- restorative
                      core area" within the reserve which is           minimum level of long~q4erm control                activities in accordance with the
                      so vital to the functioning of the               required. which is sufficient to meet the        approved final management plan.
                      estuarine ecosy~atem that it ~au~L~st be             statutory requirement that "the law of              The Coastal Zone Management
                      under a level of control sufficient to           the coastal state provides long-term             Reau~qtho~qe~ization Act of INS specifies
                      ensure the long-term ~v~ria~qb~qil.~2q4 of the            protection for reserve rescurces to              th~at the amount of financial assistance
                      reserve for-research on natural                  ensure a stable environment for                  provided with respect tD the ~q=~qqu~ql~s~s~qitia~n
                      processes. ~q7~q1e determination of key              research. See ~ql~qe U.S.C. I 14~q61(~qb~q)~q(2)~q(B).         of land and waters. or interests therein.
                      land and water areas must be based on              (D) Financial Assistance Awards for            for any me national es~qt~u~qm~qin~e research
                      scientific knowledge of (he area.~"The            Site Selection and Post Site Selection.          res~e~qn~r~e may ~n~ot ex~qm~ed an amount
                      concept of a -buffer zone to protect ~qt~qhe           The ~qT~ir~st ~of five types ~o~qf awards under        equal to 50 per cen~tum ~x~qf (he                of
                      core area and provide addid onal                 the National Estuarine Reserve                   the lands. waters. and interests therein
                      protection for estuarine-dependent               Research System is for site selection            or $4~,000~2q= whichever ~s~qm~o~on~t is less.
                      species has also been defined in the             and post-site select~qior, which includes             The amount of Federal financial
                      regulations. The bu~0qf~0qfe~qi zone may include         preparation of a draft management plan           assistance provided under the
                      an area necessary for facilities ~re~qqt~qdred        ~q1~qinclud~qin~qg MOLT) and ~qthe collection of           regul~a~qd~ons for d~evelopmen~t~c~o~s~ts
                      f~o~r research and interpretation. and             information necessary for preparation of         directly associated with ~v~qajor facility
                      additionally, to accommodate a shift ~qof          the environmental impact statement.              construction ~q(~qL~e_ other than land
                      the core area ~qis~*~qi ~-r~qesu~qh ~p~qt biological,         The ma~x~qi~n~qmm ~qt~Gtal FedeT~al share df               acquisition~q) f~or~a~ny~one national
                      ecological ~crr~qje~q@~a~0qmo~qu~i~qli~q6~qlo~qgicai change          these awards has been raised to               -  estuarine research reserve must ~not
                      which~.r~e~i~qn~o~n~ab~qbr~-~c~oul~qd be expe~0qaed to             $100,000 as~0q4e~q~@~c~6q@e~qd~ql~n ~1~q1.~q9~q2~q1~.~q4~q9.~'~6qO~qf ~q1h~qi~s         exceed ~q00 p~e~voe~i~0qA~qm~0qO~qt~qhe~c~os~qt~s of
                      occur. States -will ~qbe ~qie
                                              guired  ~'to use          am~o~%~u~2qA ~up~qto ~q1~q25,0~q00 may be used ~qt~q6               such construction or $1~.500~,00~q%~
                      scientr~2qT~qm~.arit~erial~a ~qfus~qt~qlyt~qhe~"~.~- ~.          ~@ ~.~*~.. conduct ~t~h ~w~qi~te selection pro~c~e~qi~qi~@~as -        whi~4q6eve~qr amount is less. ~~-~_    ~* ~- ~q"~q"
                      bounda~r~i~q@~s~-~qi~qd~qi~q@~cte~qA -for a.pr~o~8qp~osed site.        des~qm~q@~4qW in I ~0qWI~0qM. A~qfte~rN~6qOAA~'s                                                 ~8q-Aw~q&~rds far
                                                                                                                           (~qF) Financial A s~s~qi~s~4qf~4qt~4~c~e
                        The information requirements for               appr~qi~v~id~af ~s~qpr~ap~o~s~e~qd~q4~qite and decision            Operation and Ma~n~agewe~nt. 'Me
                      NOAA approval ~qo~qf a               I                 p~r~qd~q6~qn~qd ~qw~qf~qth the ~6qA~e~s~qi~qgnati~on proo~ess,           amott~i~qf~qt ~v~q? Federal fin        ~qi~s~atst~a~x ce
                                             _proposed site            to                                                                       ~8~q=
                      under existing regulations were                  ~qt~qhe state may expend (1) up to $40~2qA~8qW of          available t~qd -a state to man-age the ---
                      c a~'~n~qf~asi~r~qg and n~aw-have been ~4qda~qkfi~qe~qd~qL~"          this amount to develop the draft                 reser~ve~qi~ntl~qbperatep~r~D~qg~r~m~ms~&~.~U~L~L st~ent.
                        NOAA ~qba~s recognized the need to'               management plan and collect                      with the ~m~qds~s~qion and goals of the
                      conduct studies to develop a basic               information for preparation ~o~qf ~qthe               National ~2qE~-~9t~tra~r~qin~e~'Re~s~erv~a ~2qResearc~ql~i
                      description of ~6q&e ph~qy~a~qr~ica~qL chemical,            envir~o~qa~qme~0qw~a~ql impact statement~; and (~q2)           System has been raised f~qr~o~2q@ ~qS~6qM~qO~qO~qO to
                      and b~qiological characteristics of ~qT~qhe site.      up~@t~a ~0q&~e remainder of~available ~qhm~0q& to            $70,~q0~q00 ~qf~qar~'~e~qm~qA~i~qtwe~qlve ~v~qi~yr~t~qfh pe~l~qlo~qi~qL
                      As a resu~ql~l~,~"sta~qies may ~m~q@~,~v~q; be eligible        conduct studies to develops basic                Up to ten ~qI~qm cent ~qo~qf the total award
                      for Federal ~qfu~nd~qI~0q4 d~qt these studies after        description of the physical, chemical~,           (Federal and state) each~2qyear may be
                      NOAA ~6qq~2qTr~av~al ~af a~2qpropo~sed site.                  and b ~qLal~qo~qg~qical characteristics of the site.     used f~qor canst~ructia~n-type activities.
                        ~qjC~q1 Management Plan Deve~qlo~8qpme~n~qL                       i~na~n~c                        ~rd~s f~ar         (G) F~qinan~2qd~al Ass~qL~s~qta~nce for
                                                                         (E) ~2qF       i~o~ql Assistance A~qw~qa
                      Once ~12qW~16qOAA app~2qi~2q@~qv~q'~8qi~4qi ~4q1h~0qipropo~qsed site'-           A~qc~2qq~qa~16q&~16qX~qo~qi~q4 De~qve~0q1o~8qp~qR~0qwn~0qt;~q,~qo:~qvd~12qb~2q9~0q1ia~4ql                R~qe~qsear~qr~0qh. ~6q7~0qlie Coastal Zone
                      and decides ~0qto~2ql~q)~qroceed w1t~0qh                      ~2qA~8qfan~2qq~2qg~qe~qn~0qw~qi~0qd~q. Ike re~2qSdatio~qns divide               Management Reauthorization Act of
                      designation, the ~qsi~8qn~q-te ~36qmu~qs~.t~q.dev~8qilo~8qp ~4qa-         eli~12qp    ~0qt~2q@~qr for ~6q1~2q1r~qu~4qm~qci~qa~0ql~08qA~qss~8qistance              ~q1~8q08~4q5 specifically ~qaffect~qsth~qe~qron~0qd~qu~qct of
                      draft mana~8qgementplan~q.~q'~6qI~20qbe contents ~qO~4qf            awa~qzd~qa ~6qi~qar ~qa~08q%u~2ql~qar~2qit~8qion and ~0qdev~qel~qo~qp~52qme~56qW            the System' ~qs research program ~0q1y
                      the plan. inclu~6qd~8qin~2qj the memorandum ~4qof            into t~0qw~qo~2qp~0qh~qa~qse~qs. In the init~6qia~8qt~2qpha~qs~qe, , -;        establishing th~qe~qxe~8qg~qi~qL~6qdrem~qen~0qt for
                      understanding f~8qN~8qT~40qM between NOAA                  states are working to meet the criteria          developing Estuarine Res~qa~0qi~qcc~0qh
                      and the state, are specified in ~0qthe ~q'            required ~6qL~qor f~qarmal.~qres~qe~qarch reserve             C~qu~2ql~qd~qp~4ql~qi~qn a f~qo~qr~0ql~4qhe conduct ~qjaf~qi~qesearch
                      regulations. The acqui~qs~08qM~qQ~qn portion of            designation. ~8qLe.. establishing adequate          within the system ~qa~qn~0qd sp~qeci~2qJ~44qV~qa~qi~8qg what
                      the plan has been greatly expanded to            state control over key land and water            these guidelines ~qab~qa~0qp in~qn~qInde. ~2qT~6qhe
                      implement recommendations ~2qi~qn the ~q' - ~q*           areas in accordance with the draft               legislation also requires ~0qthe Secretary of
                      Office of fr~qi~qspector General Report No.          management plan and preparing a ~6qr~qa~qu~6qd             Commerce to require that NOAA. in
                      F-7~4q2~4q0~q-~q-~0qZ~q-~0q0~q10. It is proposed that -states        management plan. In this predesignation          ~q. conducting or supporting estuarine
 





              29942            Federal Register / Vol. 55, No. 141 / Morday, July 23. 1990                               Rules and Regulations

              research. give priority consideration to              interpretive purpose, and techniques for             Specific:
              research that uses reserves in the                    making available or locating information             Sec!j.on 921.1-,klission. Goc!s, and
              Systeii. and that NOAA consult with                   concernina reserve resources, activities,            General Provisions
              other Federal and state agencies to                   or issues)7
              promote use of ore or more reserves by                 (2) Development and presentation of                  A-pposed ï¿½ 921.1tc,?-One reviewer
              such agencies when conducting                         curricula. workshops, lectures. seminars,            suggested the deletion of the first
              estuarine research.                                   and other structured programs or                     sentence of this provision which states,
                The research guidelines. which are                                                                                      , I
              re!erred to in the regulations, but are not           presentations for on-site facility or field          "National estuarine research reserves
              part of them. state that NOAA Will                    use;                                                 shall be open to the public." This
              proVide research grants only for                       (3) Extension/ outreach programs: or                reviewer noted that in multiple
              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
              consultation with prominent members of                                                                     that site (e.g., research) or due to the
                                                                    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.
              available on a competitive basis to any               the entire National Estuarine Reserve                provide for unlimited public access).
              coastal state or qualified public or                  Research System. shall receive priority              This reviewer expressed concern that
              private person. thus making it possible               consideration for funding.                           state denial of general public access at
              for public or private persons,                                                                             such components of a reserve could be
              organizations or institutions to compete              V. Summary of Si         cant 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                                       ..   the National Estuarine Reserve
              to work In research reserves.                          NOAA received comments from 16                      Research System to "enhance public
                (M Financial Assistance for                         sources. Reviewers included Federal                  awareness and understanding of the
              Afonitoring. The Coastal Zone                    If   and state agencies, academic                         estuarine environment and provide
              Management Reauthorization Act c                          tutions, and the National Es                     suitable opportunities for public
              19M authorizes the award of grants for                inst!                                  tuarine       education and interpretation." public
              the purposes of conducting research and               Research Reserve Association. The
              monitoring. While objectives in                       c.omments of the National Estuarine                  access should be allowed to the greates
              estuarine research and estuarine                      Research Reserve Association (NERRA)                 extent possible permitted under State
              monitoring are mutually supportive,                   are a summary of comments submitted                  and Federal law within national
              monitoring is generally designed to                   to NERRA by most of the managers of                  estuarine research reserves. However,
              provide information over longer time.                 the existing arid proposed national                  the statement "National estuarine
                                                                                                                         research reserves shall be open to the
              frames and in a different spatial context.            estuarine reseirlih reserves. All :             -
                                                                                                                         public   does not require that all
              .Consequently a separate subpart                      comments received are on file at the
                                                                                                                         components of a multi-com'06nent
              addressing specifically the development               Marine and Estuarine Management                      reserve or the entire area within the
              and implementationof monitoring                       Division. Qffice of Ocean and Coastal.,,-'           boundalids-of a single comp     .onent.
              projects has been Included in the                     Resource Management and are-,: -, @                  resi@ve be open to the j'eneral public
              regulations.                                          available at that office for review upon
                                                                                                                         unconditioially. The last sehtenc@ of
                (1) Financial Assistance-Ai@@sfor                   request Each pf the major issues raised
                                                                    by the revieveer's has been summarize                resoune                      reie@ih
              Interpretation and Education.The                                                                      d    i 9214(c) reads, "'Consistent with
                                                7
              Coastal Zone Management                                                                                              0iotection and
                                                               :, - iknd NOAA's responses are prbvided *i-               objectives.'public access 'm"A'y'beV@
              Reauthorization Act of 1985 authorizes                under the relevant subheading in this -                            c'rt' areas within a
              the award of grants for the purposes of               section.                                             restricted to. 'e ain
                                                                                                                                          e          e unco              na
              conducting educational and interpretive                                                                    research iiiseiv     Whet           nditio      I
              activities. To stimulate the development              General:                                             public access is not consistent with
              of innovative or creative interpretive                 Three reviewers recommended that                    resource protection and research
              and educational projects and materials                                                                     objectives as stated in the approved
                                                                    more emphasis be placed on developing                management plan (eg.,'Public access
              which will enhance public awareness                   an Information network among research                would interfere with reserve re     search or
              and understanding of estu"i areas.                    reserves and between research reserves               is likely to dim."sh the value of reserve
              the regulations provide for funds to be
              available on a competitive'4bails 6                   and research and educational groups,'."              resourceli for future research) it must be
                                                               0 any and institutions. Two of these reviewers
              coastal State entity. These'fiunds4re                                                                      limited accordingly. just as certain areas
              provided in addition to dny'other.funds               noted the absence in the proposed                    are idefiftfied in reserve management
              available to a coastal state Under these              regulations of a paragraph which had                 plan - is being more or less'sensitive to
              regulations.                                          addressed this subject in the existing               Dublhsc access impacts in single
                                                                    regulations (49 FR, 28502, June 27. 19M).
                Categories of potential educational                 The deleted paragraph concerned the*                 omponent res     'erves. the same is true of
              and interpretive projects include:                                                                         components mi.m.ulti-component
                (1) Design, development and                         development and Federal administration               reserves. Frequently in management
              d is trib ution/ placement of interpretive or         Of a research and education information              plans for multi-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 for which 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.
              maps, which have an educational or                    been reinstated in I 921.1(h).'                      other components are identified as those


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                                     Federal Register / Vol. 55, No. 141 / Monday. ~J~~ly 2~3. ~qL~9~q0                          Rules and Regula~ti~~m                          29~q=

                      which emphasize research and resource             representative est~u~u~n~@~ne ecosystem th~ot             Generally, it is NOAA's belief that.
                      protection.                                       is suitable for long-term r~e~s~&~q=~c~qh and            given the less-t~qhan-pcrfect state of
                        Proposed ï¿½ 9~q21.1~q(~qd) ~andï¿½ 9~q21.1~q(e)-              con t~ribut~e~q@ to the biogeo~qg~r~ap~qb~qic~al and          knowledge regarding b~eth the
                      Seven reviewers commented an these                ~qq~-poi~o~qg~qic~al balance of the System                fi~i~nct~qionin~qg of estuarine ecosystems and
                      provisions, These comments ranged                 (emphasis added).                                the effects of natural and anthropo~qg~eni~c
                      from ~one sentence requesting                       The primary intent of I ~q92~1.1~q(d) a~nd            change that manipulation should be
                      clarification to approximately six pages           ~9~'~71.1~q(e) is to restrict and allow              carefully limited within estuarine
                      a., Comments dedicated to th~-~e~se                  activities involving habitat maaipulatir~in       research reserves~. Outside the context
                      provisions ~a~qJo~n~e~. These c~amments also             to the de-r~ee necessary to ensure that           of a carefully planned, and peer
                      ranged from expressing concern or                          ~0
                                              ~0                         reserves a~qm and continue to be,                  re~N~qiewed~, research or restoration
                      ob~'ect~;on re-arding the pr~opc~ised                 representative estuarine ecosy~ste~q=~. It           ac~t~qivitv, NOAA believes th~a~*t habitat
                      ~ql~i~z~4q@~ita~'ons ~0
                      ~. ~- ti      on habitat manipulation to            is this mission, and requirement of the          manipu~'~qlati~on for management p~qw~rpcs~,-s
                      suggesting a more restri~ct~qi~,~.e approach.          statute, that the System goals of                involves a sip, ifica~nt ~qn~qisk to the
                        One reviewer expressed~str~o~ng                    ï¿½ 92~1~.1~q(b) are meant to support. This            representative in~teg~rrt~qy a~nd character of
                      support for a~r outright pr~o~qH~qibition on            mission, ~u-~nd requirement of the statute,        a national estuarine research res~qme.
                      habitat r~nani~qp~0qWa~t~qion, whether ~qf~or                 is the foundation upon which ~t~qhe System          As a result, the Phrase In th~e proposed
                      management or research. exrept far                is built, the primary basis on which             regulations "habitat manipulation for
                      restoration activities where such                 estu~.~-Tin~e areas are selected and                resource management ~qp~urpo.~3es~" ~qis
                      rest~ora '!on can avoid long-term adverse          designated as reserves, and the                  i~n~lended to mean h~Fb~'tat management
                      impacts. Another reviewer c~om~r~nented              u~n~q@~qer~qlyi~ng principle with which all other        for the promotion of a~'partic~6qJ~3~r sp~ec~l~es
                      ~e~xt~e~.~r.s~qively on th~;s prov~qisi~q= express~I~r~Ig        aspects of reserve development and               or habitat, or for som~e purpose other
                      strong objections to a prohibition on             operation must be consistent. As one             than research involving or restoration of
                      habitat manipulation activ~qi~2qtes for                rcviewer stated. in no case should the           a representative "natural" estuarine
                      management purposes. This Teviewer                ecological or representative integrity Of        ecosystem.
                      stated that the ~'~q@~qpres~erv~atic~n" of a              a reserve be comprised.                             NOAA acknowledges that much
                      habitat T~eq~m~qires acth~re management                  Habitat manipulation activities
                      involving habitat m~aT~ri~qpulat~qt~on~.                                                                   research involves some degree of
                        One reviewer requested ~c~qLar~6qf~6qf~6qi~c~at~qion            conducted for a purpose ~iother than (~1)          manipulation of ~qther~e~s~ource(~s~q) and
                      of the difference between ~i~-e~s~qt~arati~on            restoring ~t~qhe representative integrity of        habitat~q(~s~q) which~are -the subject of
                      activities and~6qbabitat m~an~qi~qp~u~6qkt~qion for             a reserve or (2) e~stu~qm~qi~n Tese~erch, ~are           study. In this r~e~qgar~8q4 ~r~v~aer~ves -are not
                      research or management purposes. One              not consistent with &is requirement ~nf           int~a~nded to be "control" habitats only.
                                                                        the ~st~a~0qf~0qtte orthe mission ~o~qf the ~-Syst~e~n
                                                                        A reasonable 1~q1m~qit~at~qi~qm~en t~q1~re -nature            manipulation is reco~qgn~qbred as an
                      reviewer suggested ant~er~qia for assessing                                                           and some degree of habi~qU~f~t .
                      ~qt~qhe degree of -~qmani~8qW~la~8qf~8qt~2qe.a proposed              and extent of habitat manipulation               essential aspect of much important
                      rEsearch project may involve. One                 activities conducted as a ~qPa~Tt of                estuarine research~. However, research
                      reviewer requested clarification of the           estu~qm~qine research is m~eces~sar~qy to
                      intent of this pr~ovi~sic~in ~and~'~qhow it may                                                           activities c~ond~n~ated within a ~qmserv~e
                      apply to: ~q(~1) ~a~c~ti    meces~aary to protect        ensure that the representative ~qi~8qM~qpgrit~qy          Should not involve ~n~1~w~2~qi~qp~u~qla~dv~e ~. ~- ~,
                      public health, ~qt2~ql pr~ote~c~2qd~on of existing          ~of a T~e~g~erv~e is protected. likewise.             ~a~c~qt~qiv~qi~qf~i~es ~qT~qh~a~qt ~4qte         of their           ~' ~or
                      species; mid t~q3) ~a~qf~ql~owa~n~qb~e ~qi~qm                     reasonable exceptions ~qlo these                   exten~qt~q@~qw~o~nl~qd~s~qi~qgn~i~4qT~q=~rnt~qly impair the
                      restorative activities ~qfor~0qb~qi~s~qt~ar~qical              limitations on habItat manipulation
                                                                                                                         ~"~nat~nr~0qd~'~.~'~:~r~e~qP~qw~q=~st~s~2q9~v~e~qv~a1u~e ~qt~qi~e~,~
                                                                        activities are a                             s of
                      preservation. One rev~sewer~sta~qted that                             ppropr~qiate ~qfor ~r~q-e~s~s~o~n           rep~qms~qm~4qta~2q#~qm ~qkhar~a~c~qter~q) of t~qhe reserve.
                                                     - .. -~qv~qi ~qii        pub~ql~qic~'he~a~qlth and ~q1he protection ~qo~qf other
                      whatever type o~qt~qbab~qI~qt~qa~qt ~m~8qT~qi~x~qf~ql~q@ a on.
                      determined a~ql~qlowable by N~4qOAA~. day                 sensitive resources (e~qg_endan~qger~qed~q/                 NC~q1AA ~q@~6qW~q"~q6~q1~c~qh~qd~v~0q"es~!~0qf~0qf~0qi~8qk
                      to-day site management decisions are              threater~qfed wildlife and significant             restoration efforts may involve
                      best made by the p~qw~qh~m~qmi~on~a~ql staff of              historical and cultural resources~q). It           ext~qo~i~s~q1~qw~.~l~qb~ab~it~at~qi~na~r~qf~qf~ql~qi~qi~q0~ation.- ~a~t-
                                                                            ~f~l                                                                         ar              ~qbav~e
                      each reserve                                      habitat manipulation is determined to ~q%e                                          ~e~a~s
                                                                        necessary In  ~~a~n                                ~8q=~o~ne~s~o~qm~q6~qi~qm ~8qW~'~c~qi~qd~r~q1r~ang~qb~a~s~e
                        -One reviewer ~qm~qqu~i~t~a~8qQ ~c~ql~a~6qh~qf~qi~c~s~qf~qi~n~a                               c~qh a ~ca~se~,~-the~in ~sucl~i
                      ~-~qf the ~i~nt~e~n of this                        t~qb~g~-~ activities should be limited 96 as ~n~qo~qt to        ~r~e~s~a~6qf~6qt of ~qb~u~in~a~n activities (~q0~.~q0
                                           ~8qp~qm~v~is~qm~s and                  sign~qi~qr~lca~n~qi~qly~~qi~qmpactthe Tepresentat~qi~ve          hy~qd~r~qd~ql~o~qg~qic~al ~4q6~ange~qi~qt~at~qwiti~on~al~ql
                      differences between ~qba~qb~qi~qt~a~qt                                                                        un~qi~nte~ir~qt~qi~on~a~ql~s~i~qpe~c~re~s~"~c~t~@~r~a~y~u Mon
                      manipulation for res~p~qA~qm~qb~. -habitat                and ecological integrity of ~qT~qhe reserve.
                      manipulation for ~n~qia~n~e~qge~n~m~qm~qL and                    ~2qC~o~ntr~6qk~qy to the assertion ~of Me                 ~c~qh~a~6qn ge~g~.~q-~qintro~thr~ced and exotic ~q            ~qies,
                                                                                                                                                                       pe~L
                                                                                                                         etc.). In~qIh~o~se area~qi des*      ~ted as
                      habitat m~a~ni~qp~a~qlati~qm~qj~o~r ~r~e~etm~qv~2qw~n~.~@_          ~~7    revi~ew~r~qz ~q1~qhe intent o~qfdesi~qg~nat~qing and                                       ~T~2qM
                      This same reviewer ~str~e~s~a~qid the ~qp~qd~u~qm~qy             ma ~n~ag~i   ~a research reserve is not ~qlo         national estuarine ~zesearc~qh reserves,
                      i~nip~ar~tan~oe of ~t~qh~qi~:~p~c~o~ql~og~qic~al and                 ..preserve" that p~art~i~r-~1~1~1~ar habitat in a       such changes may have diminished the
                      representative ~qi~a~ql~0q't                                                                               representative 'Character and ~qIn~legr~i~tty of
                                              y ~qp~q(~4qA reserve.            stasis condition. Estuarine ecosystems
                        Respo~n~s~a~@ The mi~qm~o~qk~qi~n of the ~q1~q4atio~nal          are naturally dynamic habitats which             the site. Where ~qre~gtoration~of such
                                                                                                                         d~qi~qi~T~aded areas is ~qdeterm~q@~qmed n~*ec~essar~qy
                      Estuarine Reserve ~qRe~s~e~qs~q;d~h System, as             webave~qyett~o~ql~ully~un~qd~e~rsta~nd.
                      stated in I ~q921~q.1~6q(a)~q, "is the               *~q.~.~q. ~q7. NOAA~'~qs intent in desi~8qg~0q=ting estuarine          within ~q93~q1~9 ~t~ontext. su~rl activities must
                      es ~qtabli~qshm~qent and ~6qma~qc~8qa~8qgeme~qn~2qt through             areas as national estuarine research             be carefully p~0ql~4qi~qi~8qimed. M~qu~qr~20qlresearch i~qs
                                                                                                                     ~qn~0qi~q&~2qd~qve~q' Ee~qce~2qs~qsar~8qy to determine ~2q1~0qhe ~q'~qm~qa tural"
                      Federal-state ~qa~4q6~0q6pe~qr~0qi~2qf~2qi~qx~q)~28q4 c~6qif-~8qa~q'~2qnat~2qi~qo~qnal         res~qe~4qmes is to protect the r e~-p~qrese
                      s~4qystem~qof~qestuari~qne ~qz~4qe~qse~qa~8qi~qch reserves*              character of each individual reserve and         representative state ~8qb~6qf in ~qe~qe~qst~qu~qarinee area
                      r~qapr~qese~6q=~qf~2qi~qve of Me ~qr~qa~qn~q'~qO~qL~0qM       ~q.~qr~qe~8qs~qi      ~q.~qo~qn~qs  thereby establish a national system of           ~40qV e-~q, an estuarine ~0qi~qcosy~4qsit~qe~qr~qn ~08q6~q1 1 silly
                                                                                                                                                           ~0qm~q1~qn~q1m
                      and e~qs~q:ua~qr~2qL~6qw ~0qij~8qp~qes ~8qi~qzz ~qlh~8qi~q"~16qU~qh~0qh~0q@~6qd                  estuarine areas representative of the            affec~4qt~qed~4q@~60q@Imma~2qb ~qa~q_~q,~q-~8qA~8qi~qV~56q4~q,~6qo~qr ~8qi~qr~6qd~6ql~4qw~08q4~0qw~6q).
                      S~qt~qa~q,~qas   (emp~12qhas i~qs~qadd~qe~2qd~2q@ The first               biogeographic r~qe~8qgions~qand estuarine               Fre~4qquen~2qf~6ql~4qy~q. su~qc~0qlire~2q4~4qi~0qL~qr~6qitio~qn-activ~qii~qie's
                      Secretarial finding requ~2qi~qzed far                  types of the United States. These                provide ~qe~qa~0q@~qoene~qnt ~qo~8qp~8qp~0qW~0qt~0qM~0qi~8qi~8q1~qe~q'~qS~q* for.
                      designation of an estuarine area as a             representative estuarine research                management oriented research
                      national estuarine re~qser~qv~qel~0qmder ~qse~qc~qf~qto~qn           reserves then provide opportunities for             In respG~qase -to -.reviewers ~4qf~4qt~4qquest~qs for
                      315(b)(2)(A) of the Act, ~4q1~4q6 ~16qU~12qS~q.C.                 long-term research. education. and               clarification and consistent with the
                      146~28qUb~4q)~8q(2~4q1~8q(A). is that "~qIhe area i~qs~q.a~q.             interpretation.                                  response provided above, ~8qJ 921~q.~0q1~6q{d) and
 

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             29944            Federal Register / Vol. ~35, No. 141 / Monday, j~ly 23. 1~9~qW                            Rules and Regulations

               ~21.1~q[e~q) 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 ~q921.~1~q(d) and ~qJ 921.1~q(e).
               ~qA-op~osedï¿½9~q2~1~.1~q(~qJ~q9~-~q-~q(~qI~q) One reviewer               statutory. (16 U.S.C. 1461~q(e)~q(3)~q(A~q))               Section 921~.2-D~e~qf~qini~tions
             recommended that a formula be                         Funding I~qL~-~nits ensure that some
             e~tabl~'shed that would "pre-determine               funding is available for those types of              P~roposedï¿½~921.2~q(~qb~q)~q-~qit was noted that
             the minimum 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 (i.e.,             delegated authority for matters relat~qL~i~qg
             [System] budget for specific categories             generally, after designation of a reserve,         to National Estuarine Research Reserves
             (Research. Education, Monitoring,                   the competitive awards). As                        to the Under Secretary for Oceans and
             Operation /Management, Acquisition.                 importantly, funding limits are                    Atmosphere.
             and Development).~" In addition, this                necessary to ensure that available funds             Response: NOAA agrees with the
             same re~,~.~qI~ewer recom~r~nended that the                are awarded in a relatively fair and               recommended modification and has
             allocation of acqu~is~qition/developmen~t               proportional manner among national                 changed references from the Assistant
             ~"Un~ds 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)~-~-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 ~q50 per cent and a number less than            has been changed accordingly.
             major acquisition and development                   25 per cent. of the eligibility limits of
             needs for the Reserve system. ~6qT~qhe                   these type of awards--a difference                   ~6qA~r~o~qposed ï¿½ 9~q21.2~q(e)-~qFive reviewers
             uncertainties in appropriation levels and           between these categories of                        stated that some confusion has resulted
             acquisition needs are sufficient enough             approximately one to three million                 in the reversed order of the terms
             to make an allocation formula among                 dollars. These differences are justifiable         research and reserve in the name of the
             the six major funding categories                    on the basis of relative need. reserve             System National Estuarine Reserve
             (research. education. monitoring.                   size, property values, construction costs,         Research System. and the name of each
             predesignation. acquisition/                        etc. A greater* difference in relative , -         individual reserve, national estuarine
             development. operations) unfeasible.                allocation of funds between reserves               research reserve~.
               NOAA attaches primary importance                  would favor- d~qisproportionally some                  Response.- NOAA ac~qlmowled~qge3 that
             to long-term support for the-operational            reserves and. is a result. be detrimental          ~1~10~q1 ~q"~qh~q'ion has arisen as a result of
             needs at each reserve as described in               to the System as a~2qWhole~.`~~,~.~*~;~;~w~2p~p~              this difference. However. this is
                                                     to.,
             ~1921.32 of these~qregulat~qion~s~, and                      Eligibility limits an established for            statutory language which only can be
                                                                                                                    changed by amending the Act.
             fulfilling the research. education and              the purposes noted above and not to
                                                                 ~qur~i~qma~qson~qAb~ql~qy~'~qr~-~i-~qtri t                                                ~?~0qP~4qd~o~qi~l~s~qh~I~qp to              ~e~r
                                                                                                                                         a
             monitori~n~q# objectives of the program~.                                es c a rese~qi~qi~q6h reserve           ~qS~qi~qe~ql~qt~q6n ~q21~.~q4~-~q=~6qRe a
             unlimited eligibility for these for the             from access to available~'~qFede~qra~ql~fund~s.            Provisions of the Coa~qi~1p~ Zone
             awards.                                                      as ~q;~qf NOA~0qX~qi
                                                                 ~6qO~n the b ~- is                exp~q0~r~qi~8qg~2qNe~'Jin       ~-M
                                                                                                                      a~qn~0q@~,~q!~q@~qme~nt Act
               (2) Four reviewers expressed conce~'m              ~ae~l~qmin~i ~ te~qr~u~8q4 Federal financial
             or objection to l~qim~qiti~ng~.t~.he~.fundi~ng               assistance for the S~qy~ste~qi~i~q@~qa~r~qid be~ca~@use             it Was noted that the existing program
             eligibility of a~n~q@ one reserve under any        I   of comm~qi~r~qit~qi from many       ~8qUsearch               regulations describe this section as
             type of award. pa~qi~qtIcularly ~q6pe~qr~z~qoon/               reserves, the e~6q4bil~qit                               Relationship to other provisions of the
             management awards. These                                                       Binh  ~'for              Coastal Zone Management Act and to
                                               reviewees         operation/management a~iw'ard~s.~qw~a~qs
             comments ranged from general concern                raised to a maximum of $7~q0,000 per site            the National Marine Sanctuary
             to recommending that a~ql~ql ~qfundin~qg~-~q6aps               per year. In response to~~omme~qnts on               Program". Text describing the
             be removed from all types of awards.                the proposed regulations, the eligibility ...relationship between the Reserve and
             These reviewers also stat~q;~4~qf their                  limit for ma~qjo~qrfacility co~qhst~r~q@~iction has      ~' Sanctuary Program was omitted. New
             general concern re~qgardi~qz~qi~qg~'a~-p~-~e~r~q6~aived             been raised 50 per cent in these final         J ..marine sanctuaries~*~a~nd estuarine
             lack of long term Federal ~qf~qin~qi~qm~qc~ql~qa~ql                 regulations (see response under                    research reserves are being designated
             commitment to the System~q!~q@~6q@~6qI~--~'~1p~p~                proposed ~q1921.31 below).                           in close geographic proximity to one
               Response: Annual appro ation~sare                    ~'A~-~oposed~qï¿½~q9~q2~q1.~q1~q(g)~q-~-On~qd reviewer                 another and therefore improved
             limited. not unlimited. ~2qF           ~q'~q:~q'~q-~qe~2qI~0q4~2qpbi~0qhty   disagreed with the requirement that land           ~qc~2qb~8qb~qr~6qdinat~2qio~qn between the two programs
                                                                                                            ~q, ~q, ~q.~q.~qL is warrant-
             limits f~qcr each reserve h~qa~40qW~qe                        already in a protected status can be'                         ed~q.
             established in regu~8q@lat~2qi~8q6~48q6~q-~52qC~qn~4qI~6qj ~24qw~36q@~qre                included within a reserve only if the              ~40q4~q'~q,~0qRe~qs~4qp~6qb~36qa~qe~2q@ NOAA agrees. ~6qT~0qhe revision
             determined appropriate and neces~2q4a~qry                managing entity commits to long-term               of the Section h~8qoa~16q&~48q4 and text should
             for the establishment and on-going                  non-manipulative management.                     -be adopted and ~qstr~8qingthened. ~8qT~16qhe
             support of the mission a~0qhdg~q'oa~0qls~q'~qof the               Response. NOAA believes this                   ~32qAo lesion of this information from the
             System. These regulations establish                 requirement is necessary consistent                proposed regulations wa~6qi an oversight.
             annual eligibility limits for operations            with the mission and goals of the -        ~-     ~q, ~6qT~0qhe Section heading ~4qa~qnd text have been
             (~q$70~q.000 per year, per reserve) ~20q6~4qid                 System. Essentially this same subject is           revised appropriately.
             program-life limits for site acquisition            discussed in the response to comments
                                                                                                                    Sec~0qf~8qioz~8q@~0q9~0q2~0q1~q.~0q1~04qa~8q-Gene~qr~qal~q.
             (S4 million per reserve). Funding                   on proposed I 921.1~0q(d) and ~0qi ~8q9~4q2~4q1.1~0q(e). In
             eligibility limits have not been                    order to clarify the intent of this                  ~20qP~qr~qoposedï¿½9~4q2~0q1.10~6q(a)-~6qFive reviewers
             established for research, monitoring.               provision. NOAA has revised this                   objected to two or more states which
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                                      Federal ~qRag~is~t~~ I ~qV~~d. 55. No. 141 / Monday, July ~23~ ~1~9~q0                               Rules and R~g~~qk~t~i~~n~

                       share a biogeographic region being                 The remaining reviewer ~re~c~o~r~qmn~a~n~qded                  Post site selection. In add~qi~qt~on-h~orw~eve~r~,
                       limited to the development ~-~o~qf~a -single            extensive revisions to the-subsection to             under the new ~su~ql~ipart G~, N~2qOAA may
                       reserve, even it it was a mul~tic~omp~on~ent           provide guidance on where habitat                    provide financial ~assi~stance~,on a
                       reserve with components in each                    ma~n~qip~i~qf~ql~at~qion would be allowed.                      competitive basis ~qf~o~r eec~qh phase ~of a
                       respective state ~qfe~.g.. Maryland and                 ~2qRes~qpan~se: After careful review of this             monitoring program. These grant awards
                       Virginia in the Ch~e~sape~ake~2q2a~qy                      subsection, N~2qOAA do" not believe that                will be separate from ~T~qhose provided for
                       subregion of ~qthe Virginia biogeographic            the buffer zone concept should be                    estuarine research under subpart F.
                       region). These rev~qi      rs specifically           deleted or that substantive revisions are            Section ~221.1~q3~q-~i~8qWo~n~a~qgemen~t Plan and
                       objected to t~qhe eligibility limit on land          appropriate. The basic approach                      Environmental Impact Statement
                       acquisition ~qh~qm~qdin~qg (see I 9~21.~1~q0(~qb) and            presented is sound. A critical concept               Development
                       ~qï¿½ ~q921~4qM) as it applies to any individual            and distinction between the two areas
                       reserve. single or multiple component.             which may have been overlooked is that               Proposed ï¿½.9~q2~7.~T~q3~q(o)~q(7~q)-Th~r~ee
                         Response.- NOAA agrees- Some of the              key land and water areas ("c~ore-~q)~'an~qd -a             reviewers provided comment ~q= the
                       System's biogeographic ~su~qbregio~n~s.are              buffer zone -will hke~qiy                              acquisition plan guidance of this
                       represented ~qby m~ore~th~an one reserve in             significantly different levels of control            subsection. Two reviewers requested
                       more than one ~st~ate.~Asa result. in the            (see ~qï¿½ 921.13 fa)(7~q1). In addition to the            additional guidance on what constitutes
                       case of a biogeographic moon (see                  basic principles established in the                  ..adequate state control" and
                       Appendix 1) shared by two ~o~r more                  regulations, NOAA has developed more                 commented that the requirement to
                       states. each such state ~oh~ou~qld be eligible         detailed boundary guidance which is                  assess the cost effectiveness of control
                       for Federal financial assistance to                available to states attempting to conduct            a~ql~qlerna~qtive~s is exces~s~L~qively burdensome.
                       establish a national estuarine research            the difficult process-of boundary                    The remaining reviewer stated that
                       reserve within their ~resp~e~e~cti~ve~qpor~tion            delineation ~of~,a proposed ~-~a~qi~t~e.                     having four million dollars in funds
                       of the shared biogeographic region~.                  P~ro~2qpo~sedï¿½~-~q92~1,~q11~q1c~q)~q(~q5~q1~-~-~6qO~ne reviewer               ava~qd~qlable~qf~or land acquisition is not
                       Section ~q921~,10~q(a~q) ~qi~qw~a been -amended to             recommended amending this site                       consistent with the-requirement to
                       reflect this revision. Because ~of this             selection principle to include "the                  conduct an assessment o~ql't~qhe cost
                       revision, the pb~ra~ae which begins "In              supped ~o~qfon~qg~aing~-~qw ~qpla~qm~ied                           effectiveness ~o~qf acquisition alternatives.
                       the case of a multic~a~qmp~on~ent national              management Activities in nearby                      Response. What constitutes
                       estuarine ~* ~* ~q" in ~qJ ~q9~q21~0q1~q0~q(~qa), ~q1921.3~q1.            estuaries, ~qi~n~qd~i~s~qi~qfi~n~g these ~qI~n~qth~e                    adequate State ~-c~o~ntror Is de
                       and I ~q921~-~q32(c) is~no~4qbn~qger-~nece~s~sar~qy                National Estuary Program."                                                           pendent
                       and ha~sbeen deleted.                                 Response: NOAA considers                           on ~site~-~vpe~c~qf~qf~qic ~c~qh~t~,   t~a~qm~m~s -and
                         Proposed ~qf ~q9~2qn. ~qn~2qy~qb)-Two reviewers                I ~q921.11(c)~q(5) to encompass this concern             requiteme~n~8qh.~'~4qMe~qu~a~)~et~qvffi~6qd~t~qmtuse-~of
                       commented that NO~2qAA ~qi~qho~quld consider                in that ~-~6qf~6qf~6qie State ~qI~s~-~r~eq~qdir~ed to                   av~e~0qlab~qle~e~cq~u~qi~n~qi~qf~qi~en funds can only be
                       a higher eligibility limit or relative             demonstrate ~qbaw Ilia proposed ~i~qf~qte Is                ensured~qth~r~ou~qg~0ql ~qIh~e ~ql~qd~en~qt~6qM~c~w~qf~qien of
                       greater~qlunding ~qlor awards to mul~qd-                 consis~qie~nt with existing and potential               reas~o~n~able~,~contro~qL or ~acq~u~qi~j~qdt~qi~o~n
                       com                                                                                                     alter~n~a~2qf~2qtes and an ass~qi~ss~i~ne~nt of -their
                          ~qponent reserves than -to single                 land and water uses. Both the                        r~e~qlg~qliv~e~qm~a~qt4~a~i~qd~a~qlfe~c~qt~qi~v~e~n~esL This
                       ~c~o~qm~qp~ane~r~it~re~se~r~u~e~s.                                designation by ~2qN~2qO~2qAA~-ef ~a~y~e~serv~e                      does ~8qWm~ec~e           ~:~Z~n~o~j~qm~ql~qb~z~qt ~q1~qhe keel
                         Response~- ~8qN~6qVAA disagrees. ~qFundin~qj                un~qd~er~1p~e ~2qAc~qt~,and~-~-~qma~d~a~qg~eme~nt plans                  c~o~o~qd~qy if,
                       for ~qt~qhe System to lin~i~qf~qted. A State ele~a~4qu          dev~el~ope~qd~8q0~qmu~qgh ~-~0qf~0qf~0qie 1~q9~qd~qf~qi~o~j~8qW Estuary                ~qd~ua ~q=~wt  be ~s~s~qi~qwt~P~qa~.~qI~q1~0qAoe~sz~n~a~n~.
                       to ~e~st~ab~ql~qi~qd~ql~i a multi~-~c~o~n~@~,~V~u ~qm~qi~xe~s~e~t-~ve           Program d~qT~,th~qi~0qU~.~qS.~1~8qM~6q4~qi~q6~q4~qw~qb~qm~2qM~e~qd                       b~o~qw~e~v~q= ~qT~qhat ~*11 ~r~ea~s~o~qm~0qWe~c~qo~r~qk~ral
                       ~o~r~l~e~a~p~t~u~l a ~w~qin~qg~ql~e c~omp~o~ne~nt~-reser~ve               to the~6qSt~a~qle~qi for a ~0q4~2q0~q6~qm~qg~n~a~ql~qi~qin -of
                       with fall lam~v~qF~6qk~qd                                       ~. t icy under ~ve~ct~qi~o~n ~8qW~q(~0qO~qt~ql~qj~4~4qA                  alternatives ~ab~oul~qd-b~et~qh~er~o~u~qg~ql~il~qy
                                          ~0qp~pf~qthe ~qI~qde~n~6qf~6qta~ql~-~-               con~s~i~s e~i                                            examined and &heir ~re~ql~a~qd~qw ~q=~s~2qW.
                       e~2qf~2qt~qf~0q0~qft~qi~ql~qi~nn~q@s~u~i~n ~a-~qh'y-~qt~qn~qc~qf~ql~qOt~qdt~a~qf~ql~-~-~qV~4qV~'~.~,        the Coastal Zone ~6qV                   Act ~qi~0~qf
                       reserve, whether single ~or~-~qmu~qlti~qp~qle                ~qI~4qW~qZ~,~;~a~s~zm~xnt~qIerL~2qV~6qOAA ~v~qd~aw~s~qi~qlli~s~,                     ~qIdenti~qf~qi~e~qd.The~4qZe~m~el~o~qp~qm~e~nt~-~af~qm
                       comp~onent.~'E~at~e~'~. ~qb~ql~qi~qsh~qin~qg                                                                              acquisition ~qpl~ar~i~ql~s ~s~2qm~6qA~qU~qa~8qwabl~e -cost
                                                                          ~qm~e~c~qh~8qa~qf~qi~8q6~qm~m an ~q@~0qa~qe~:c~2qf~2qt~e~qx~qi~e~s~qn~s~4qu
                                                                                                                               (Federal ~iDr~qmatch~qi~ng~'~s~qh~a~qr~e~q)~. Four
                       fu~nd~qi~n~qg~e~qti~qg~qf~qb~6qU~qi~qt~qy limits ~-~qI~qo~rr~, or                 ~qensu~0qf~0qi~6qn ~6qf~6qi~st~qi~qke~s~er~qms                                 Million d~o~qUa~r~s~qj~S~q&~4qW ~"~4~qi~v~qi~qdab~ql~e~,"~-~qbu~qt~qis
                                                                          adv~qin~qb~e~-th~e~qm~qd~evan~qt~z~o~v~qi~6qi~qd and
                       d~qispr~o~rp~o~r~qti~o~n~d                                                                                         the ~qi~qf~qig~ibil~qity~4q1~r~qi~i~qf~qt~-~qf~i~erla~nd acquisition
                                                                                    ~1~0~,                ~qb~qje~c~qt~qi~v
                       mul~ql~qic~om~qponen~qt ~P~e~se~qmes would~I~4qbe                    estuarine '~a~n~a~qgemer~tt~-~o              ~a~s              funds ~qTo~qi any on~e~res~e~r~y~p~-~6ql~i~8qg~ardleas of
                       likely ~qto~h~a~ve -a sign~qi~qf~qi~c~qm~qi adverse               including those ~of~'t~qhe Na~qtiona~ql~2qE~4qf~4qt~ery                the ~am~ou~Dt of ~qb~qwd~0qW~qg~8qIv~qi~qIl~8q&~e~_~qf~o~r
                       impact ion single-component ~ze~s~e~qw~qe~g                Program.~0qTh~e~?e~qf~ore, ~@~qJ ~6qMA~qI~q(ca~q[5) has                  land ac~qquI~a~ql~qt~qi~o~n. a ~qth~ar~ou~2q& assessment
                       and, ~qw a result~. ~qthe Sy~qitem ~qi~sa whets.             been amended~:to -make -more specific                 f aG~qQ~6qWs~qi~qtio~n.alter~naf~ql~i~ves a~n~qd ~q(h~2q6r~cos~qt
                       Further, acquisition and ~4q&~qw~elopment                our intent that the site -support'   es~tua~min~e       ~'D
                                                                                                                               effectiveness l~a necessary Ito ensure
                       funds are l~qi~n~qf~ited -by flip Act:                   management objectives.
                                                                                                                               responsible and ~v~0qN~i~2qde~n~qi use ~qo~qt~qFeder~qal
                       section                                            Sec~t~qi~qO~qn ~-~q9~q21.~q1~q2~--~qP~qb~st Site Selection                 grant ft~a~i~qd~s. At a minimum lie a~egr~ee ~of
                         ~qS~qtr~up~osed~qï¿½~q9~q2~q2~.~q1~q1~q(~a~q)~0qM-~0qO~n~e~reu~qi~ewer                   Proposed ï¿½ ~q921.12(o~q)~L~.~q-~2qTwo reviewers               state c~o~ntrdI~qmu~st provide ~ade~qqu~f~f~4qf~4qt
                       recommended t~qh~at~qt~qhe last sentence ~0q*~e               recommended a ~qw~tp~a~rate -type ~mf award                long ~-~qterm-pr~ot~e~ct~qiu~n ~qIo ensure for
                       revised to ~qalim~qim~04qa~qi~qi~qe~qf~qerenc~qeto~"~8qa                   fo~qnm~qonit~qo~qr~qing that w~0qnuld p~qr~qo~qv~qid~qe~ql~qo~qn~2qg~q- ~q.              reserve resources a -stable ~e~nv~qtr~or~tmen~qt~,
                       nat~qur~qal.~qs~6qy~qste~8qm" ~ ~:~q:~qI~qI~q_~q.~q, ~. ~q@ ~qi .~q. ~q.. ~q-
                                                                          term support for these ~qact~12qW~12qWes.                      ~4qf~qo~qrTe~qse~qarch~2q:
                         ~08qA~qa~qsp~qa~4qm~0qw: NOA~12qA-~qa~8qg~qr~qe~qe~qs~4qthat~qa ~qm~q3~8qin~qor                   R~qe~qs~4qp~0qw~0qme~q.~q-~q'NOAA ~qa~2qNre~qe~qs. A mew                       Proposed ï¿½ ~08q=.~q,~36qM~qc~qr~0q)~q@~6q(~08qV~0q)-~16qOrie
                       revision ~8qi~qsr~qum~qe~qs~qs~qer~6qy Io ~qc~6ql~0qn~48q*~q-th~qe               ~1~4q1  ~qs~qubpart-G-~16qM~qo~qn          I ~8q]~8qI~q'~q-~20qb~4qn been added           rev~8qiew~qer~q-~qst~qate~0qd~2qth~qe~0qt~12qW~12qDA~12qK~qs
                       of this seat~qe~qn~qre.~16qM~qi~qe~q-~qi~qse~qnt~qe~q7~qic~qe~0ql~4qm~qs~20qb~qe~qe~qn             to t~0qhe~qr~q.~q6-~4qO.~q"       ~q1~8q1~0q[~qsub~6qpa~04qn~qs-~20qC ~qa~qnd ~16qH of            ~qre~qs~8qp~qo~qn~qe~24qM~0ql~~2ql~qt~2qy~4qt~qo~qn~2qi~qi~6qa~0qm~6qi~qa~ql~qc~qon~12qf~12qt~4qiency
                       revised in a mm~qum~qer c~qon~qs~8qi~qstent~q-~qA~qw~08qah                  ~qe ~2qW~qa~qy~qa~0qnd ~qT~qr~qg~0qw~qu ~qH~qo~qn~qs~20qt                               det~qer~qn    ~8qf~8qi~qc~4qm~qe~q'h~4qou~0qI~16q&be~0qm~6qmae~qv~6qJ~qear
                       corresponding ~qc~6ql~qar~2qi~44q4~8qin~8qg ~qa~qr~4qdi~qs~8qi~qon~qs is               ~qrele~qtt~6qe~0q"~0qd ~qe~qs -sub  ~q.~q,~q-   ~16qH and-                      early in the ~qveg~qu~20qW~qon~qs~q.~q'
                       I ~4q92~4q2~q-1~0q1d) -and I ~8q9~04q=~4q2~0q(~q6~6q1.                          respectively: and ~4q1~16qhe~qI~4qm~08qf~08qf~08qi~6qm~q-~qnu~6qm~20qberi                  ~12qR~qe~qg~8qP~qo~qi~qr~qs~8qe~qr ~16qW~16qO~12qAA agrees. A reference
                         P~qTo~4qp~qo~qs~qe~2qd~0ql~00q=~q_~00qU~0q(~qc~36q%~0q2~6q@~q-~20q@                              being renumbered ~q-accordingly)~q. ~12qb~8qf~8qi~8qf~8qf~2qal              to I ~4q9~04q=~00q3~4q6~0q(~6qb) b~qim b~qe~6qin added     to ~12qf~12qf~12qi~qg
                       reviewers ~qcrrmm~4qw~qi~ql~qed ~qm~qu ~4q1h~qe ~qzon~qa~qsp~4ql~20qd               funding f~qor~q'~0qbas~4qic~q-c~16qha~qr~qac~qte~qriz~qa~0qti~qon d~6qf ~0qT~0qhe            subsection to ~qc~6qdarif~4qy ~12qN~16qO~12qA~08qK~qS
                         core" and ~q'~20q%uffe~qr~q"~6qm~0qm~qas ~q-~qor~0qzon~qe~qs. T~qu~4qm             p~6qh~12q"~8qi~qca~6ql~q, geological, ~qche~0qm~8qi~qc~2qd~8qL~q4~0qmd -                   cons~8qisten~qc~8qydet~qe~qr~0qm~8qh~6qm~q'~8qd~qo~qn
                       of these ~qr~qe~qv~4qi~qew~qar~qs~qzecamm~qe~qnded                      biolog~8qic~qa~0qL~qc~6qh~qa~qracteri~qs~8qf~8qics ~qof~q.~q1~6qh~qe site ~2qwIll           responsibilities ~qe~qa~2qt~6qly~8qi~qn.prepa~qr~qs~qtion~q:~qo~2qt
                       deleting the concept of a b~qu~0qf~0qf~qerz~qo~qne~q.              continue to be provided under ~6q192~0q1.12~2q-               the management plan.
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                29946              Federal Register / Vol. 55~ No. 141 / Monday, July 23, 19~q0                                       Rules and Regulations

                Section 921.2~q0~q-General                                    Section 921~.30~q-Des~qignct~qion of National                   Section ~q921~-32~q-Oper~at~qion ~and
                   Proposed ï¿½ 921.20~q-Two reviewers                        Estuarine Research Reserves                              Management Implementation of the
                requested a clarifying revision to the                      Proposed ï¿½ 921.30~q(~c)-Two reviewers                     Man ~a~qg em en t Plan
                last sentence of this subsection, the                     provided comn~ients on the designation                      Proposed ï¿½ 921.3~q2~q(~o~-~qd)-Seven
                addition of the phrase "to a coastal                      criteria listed in this subsection. One                  reviewers objected to the eligibility limit
                s~ate."                                                   reviewer recommended a change in                         on operations and management awards.
                   ~R~@~@~s~'~:~:~!or~se: NOAA ag~:ee~s and t~1h~e                     (a)(4) at variance with the Act. The                     They noted that the statute contains no
                sec~'~qi~o~n has been revised accordin~qg~qlY~.                     other reviewer recommended an                            provision for withdrawal of Federal
                                                                          addition to the designation findings to                  support for continued operation of the
                S~c~"'~On 921.21~q(e~q)~q-~qI~n~qi~L~'~a~ql Acquisition                     include a requirement that. in the case.                 reserves. The termination of Federal
                c~-~~2 Development A~qw~c~:-~qds                                 of a State which con~t~ai~r~s, in whole or                   support for the individual sites is viewed
                   Two re~,~6~qiewers provided comment on                     part. a national estuary program                         as a lack of Federal commitment to the
                t~@.~is section. The first reviewer                         convened pursuant to section 320 of the                  long-term maintenance of a
                -e~~uested clarification that ~0q&~,~a provision                Clean Water Act. suitable consideration                  representative system of estuarine
                re~~'~ardin~qg de-designa~tion 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 the                       Response: The Reserve Program was
                Federal funds. The second reviewer                        estuarine research reserve and the                       designed and continues to be a State-
                stated that the provision to compensate                   national estuary,prog~ra~qm. It has also                    Federal partnership. The key to this
                the Federal government for its 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
                ~qT~his subsection states specif~qica~qDy that                     Response. The terms for designation                    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~a~nds for the
                Federal funds*          %*'The second                     NOAA agrees that research and                            program could result. Annual
                commenter ac~qknowledge~o~'corTectly that                     education programs should be                             operational eligibility limits in addition
                these requirements are designed                           integrated between the Environmental                     to ensuring the availability of funds for
                accomplish the goals of the National                      Protection Agency's National Estuary                     competitive projects provide a stability
                Estuarine Research Reserve System and                     Program and NOAA's National                              and even distribution among designated
                that this provision helps insure that - ~-~. ~;              Estuarine Reserve Research Syste~n~L                       -and develop~6qlg reserves, Consequently
                reserves maintain the standards ~t~l~-~A~o~8qW~1~3                  :ThisI~'~:  A ha *already ~qt~qi~6q&~2qY~qt~q@~qdlt~qlated                   NOAA is retaining th~qe ~qi~ql~0qWb~qility limit of
                                                                                ef~qfo       a
                established for the ~system~.and. if they                                                                            $70,00~q6 for~'op~qera~qtion~s ~qa~nd ~qi~qi~i~qan~qig~q!~0qqent
                                                          ~~qi~r~"           through ~a memorandum~of~.~7~,~X~*~,~-~r
                do not that a ~qperc                                                                                                 -per site ~qPer year."
                                       entag~qi of the fa                   underst~qi~L~ndingbe~'t~v~q@~c~ie~r~qfth~qi~@~p~'rogramsat~-
                                     ~'~qV~qi~qllabl~qi~qt- th~qi~qi~'~-~!~e                 the Nationa~qlJ~qivel and is being pursued
                market value'i~s a                 00                                                                                 NOAA concurs with the reviewers'
                reserves. It should a~8q%~q6~'b~qe ~qi~qio~qt~qed that.                   -at the local leve~qL where appropriate.                   assertion that the s~4qUtute does not direct.
                these ~qOrovis~qi~c~2q6~s a~*~r~'e ~ti~qot ~qne~'w-a~i~n~id b~qiv~qi               ~q7~qberefore~.~@NOAA believe's it does not                    'the Federal G~q6v~ier'~n~q-~~-e~-~in~i~qfto ab~l~qi~tn~id~qbn ~qit~s
                been in place since th~qe ~qi~qnceptio~8qdof the~'                  require restatement in the pr~q6~*~qgra~6qm~.~,-~@~-~_-:              support and financial commitment to
                Reserve program through ~qgr~0q6~qi                              regulations. However. NOAA agrees                        reserve operations at the conclusion of a
                directives contained in ~6qO~6qU~6qB Circul                   ~.a~r A- that the mana~qgem~qinif plan should                       prescribed period of time or when a~qn
                102. The provisions in the Reserve                        contain the findings of des~qig~nation~'and                  arbitrary cumulativefundin~qg ceiling for
                regulations are taken ~qdirect~ql~qy-~qE~r~q4~qm~~qthe~~*~                the regulations should show that the                     Federal support of operations has been
                A~102 Circular and apply to ~4qQ real                        Under Secretary is respo       ~sible for               met By imposing a fixed d             tio ~@for
                                                 ~. ~qV- ~@~,~'                                                                          Federal support of Reserveuoraperantio~ns
                property acquired in whole or ~qi~@~qi~i~2qf~2qt~4qwith                  designation. The regulations have been                   NOAA may undermine its ability to
                Federal funds. It should a~qli~q6 be noted                    revised accordingly.
                                                          a               ~ ~. I                          ~. ~.      ~~.~~         ~. ~participate effectively with the Reserve
                that there are other~alte~*                -aside                    ~~. ~;~.. ~,
                                                                          Section ~q921.~q31~q-Su~qp~qplemental
                                                          -~L~q_~*                                                                     system to address coastal and estuarine
                                           erty_                                si~0qt~2qion and Development Awards                      management issues of national
                from sale of the prop                                ~8qt Of A~qc~2qqu~2qi
                                                                     tide    ~q.~6q7~q. ~q7
                de-designation the state                                                                                           significance. The previously proposed'
                or transfer title to the Fe      ~qa                          ~6qP~2q@~qv~6qposedï¿½ 921.~4q3~4q1~8q-~2qFour reviewers
                                                                                                                                   three year support per position a~6ql~6qlocated
                government. In these ins            ce~0qs it is             expressed concerns that the eligibility                  through A $~4q4~04qW,~4q0~4q0~4q0 operations ceiling
                likely that the resources of the ~0qm~4qierv~qe                   limit of ~8q$L000~q,00~0q0 in Federal financial                  also established a complex and - : ~@                              I
                could continue ~6qto be protected. V~20q&~4qf~4qle~q*                    assistance for facility co~qnstru~24qaon may                   burdensome a~qc~0qhni~qn~qi t~qr~qative process
                none of these alternatives are ~. ~q. ~q. ~.                    not be adequate to meet anticipated                      which is further complicated when
                inexpensive they do, as noted by t~0qhe                      longterm needs and should be                             allocated among Reserves which have
                commenter~q. help ensure that the site                      increased or eliminated.                                 already received operations support.
                continues to be managed and                                 Response: NOAA agrees. The                             and the newly designated sites which
                maintained in conformance with                            eligibility limit for facility construction              have yet to receive such support~q. To
                                               ~r~n ~Z~8qV~L~'es

                                                ma ~qj~28qn~56q@
                                                d ral ~4q#~q.~0q@







                research reserve goals and objectives.                    has been increased 50 percent to                         simplify. streamline and improve
                                                                          $~4q1.~4q5~08qw~q.000.                                               NOAA~q's effectiveness in support of
 

~0



                                     Fed~~nd Re~q&~qU~ / Vol. 5~5. No. ~141 / ~qNond~~y, July 2~3, ~1990                                 Rules ~~~d Re~gula~t~i~rrs                    ~Z~qM~7

                         Reserve~~oper~ati~on~a. the three year              with the program goals as specified in               on these issues. Therefore, ~8qN~2qO.A~.A d~z~;~es
                         restriction and ot~qh~er~-r~efe~r~e~z~zc~a~s lo            ~q192~1.1 of these regulations. The five                not agree that additional ~trec~qha~r-~qi~sm~s
                         cessation ~of Federal support for                goals described in ~C~qhis section ~a~7e                  for d~a~l~s~qpu~te resolution are warranted.
                         operations and management ~at the                nearly identical to the criteria prop~c~sed            Proposed ~qï¿½ 92~q1.40~q(~e~qj~-~-~@ Two r~ev`ewers
                         reserves have been removed throughout           by one commenter. The c~om~n~ient~er                     recommended a nin~e~t~qy-d~ir~qi r~e~qq~u~i~i --men~t
                         the regulations.                                added cost-effectiveness in using                    f~:~)r State submittal of an ~enr~ual r~ep~.~-~rt
                                                                         Federal funds as an additional criteria              instead of sixty days.
                         Section ~q9~2~q1~-33~q-~qB~ou~qm~qh~qv~-~, ~2qC~q@~q=~,~qg~e~s,                which, while not directly stated as a                ~qR~espc!~7~s~e: NOAA agrees. Section
                         A~.~r~ne~n~qe~.~7~:~e~n~ts to the M~,~q=~t~c-
                                                  ~g~e~qm~e~nt P!~c~n,
                                                                         prc~aram goal ~qi~n the re~6~qp~lati~on~s is                   9~q21.4~q0~q(e~q) has been ~r~ev~qi~s~.-~qd a=.-,- ~n~qs~'~qy~-
                         ~C~r~IdA~qd~qd~qit~qion ~of~2qM~a~ql~t~qi~qp~qle~-~s~qite                    . ~0
                                                                         ~u~nplicit ~qL~r~i any evaluation ~of efficient             NOAA ~e~,~'~:o notes that this section
                         Components                                      management ~of the total reserve                      indicates that inadequate a~n~z~i~ral reports
                         F~ropas~ed ~qï¿½ 9~q2~.~Z.33~q(~c)~q-~-O~ne reviewer             program.                                             will trigger a Full scale performance
                         re~c~ernmen~qeed de~qle~t~qicn ~cr substantial             It is n~ot feasible to establish a                   evaluation. This provision is no longer
                         modification of ~qt~h~qis subsection to              checklist for any evaluation to                      needed since ~qï¿½ ~q9~21~-~q32 has been changed
                         recogrize the State's right and ability to      predetermine what constitutes a~qdequa~qle               t~o provide ~ql~ar~:~q3 term e~l~i~8q&iI~6q4 for
                         appropriately plan and legislate its legal      versus inadequate performance. Each
                                                                     ~0                                                        operations support~. Eva~ql~'~uat~;~o~n~l~s
                         c~q@a~r~qg~e-the research reserve. In                 reserve has very Unique rd~qmin~I~st~rative               ~C~_~-nse~qquently will be conducted
                         su~i~n~qm ary, this reviewer objected to            struct~7~ires. environmental re~s~o~Lrces. a~nd            generally ~at least every 3 years. The
                         N~2qOAA'~s approval authority/                      corresponding management needs.                      statement has therefore been deleted.
                         requirement for activities discussed in         NOAA views the evaluation process to
                         &is subsection. The reviewer suggested          be a highly c~all~abora~qdve effort with the             Section 921.50~q-~2qCen~er~al
                         that it should be sufficient if the State       State such that the evaluation can be                Proposed ï¿½ 92~q1.50~q(~6~q@~q-~qFo~ur re~%~qie~Y~qnr~s
                         provides NOAA an opportunity for                used to focus an pa~r~8qf~8qt~0qWar and specific               commented on this subsection. Three
                         review and comment on proposed                  problem areas. It is not appropriate to              reviewers rec~oE~r~tmend~ed that research
                         changes.                                        attempt to c~on~s~h~r~u~0qd a li~lmus test for                funded under this subpart be allowed in
                         ~6qR~e~q=ns~e: NOAA disagrees. NOAA is                 inadequate or ad~r~qqu~a~qte perf~amance                    an area larger than the boundaries of
                         responsible for Federal oversight of the        which could reasonably ~antiaipate the                the research reserve. One ~o~qf ~qf~qir~es~e
                         S ~ystern and -each designated research          substantial variety ~of~ql~qnu~e~s that are                 reviewers also recommended t~hat the
                         r~q@~s~erve. As long as a State wishes for a        addressed in the evaluation process.                 m~an~eg~qi~6qN entity of ~qT~qhe reserve approve
                         reserve ~qlo remain a part ~of the System          NOAA would be justifiably ~ic~ti ~qf~qic~qized for           all research prior to NOAA funding. One
                         and to retain Federal de~s~qi~qg~n~e~6qf~6qt~n.               applying an artificial measure against               reviewer expressed concern that ft~u~i~qd~qin~qg
                         NOAA will continue to require Federal           unique and s~qi~qte~q4~qpe~cif~qic ~ I ~i                  stances. eligibility is tied to ~6qNOAA approval of a
                         approval ~of changes in that research             NOAA agrees with ~t~qhe ~c~amme~irt~s                       I management plan.           ~-
                         reserve's ~q7~3~ound~er~qies and management.           made re~qg~ar~0q&~ng participation of ~a~qd~qwr                  ~J~%espo~n~s~e~: ~1~4~q0~t~u~qk agrees that ~qg~re~s~qter
                         General                                         officials in the evaluation process. Such            flexibility should be provided for the
                                                                         officials provide recommendations to
                         P~r~ap~ov~ed ï¿½ ~0qW~2~,~2qM ~6q1 ~4qM-4~q1~, and                     NOA~qA6 an ~speci~qr~qw ~ql~m~qi~qi~qw~s ~qJ~n the                       area in w1r~qich fe~qd~er~al~qt~qy Funded research
                         ï¿½ ~q921.42~--~qS~e~y~p~n~qo ~M~a~x~qie~q"~qW~e           ~,           evaluation To ensure th~at-R~e~serv~e                    under this subpart may be c~o~nd~irc~qted.
                         recommended ~-~b~-~A~r~i~ca~qf~qi~a~n~qz~0qMe                     personnel are directly ~qi~n~v~a~qb~n~e~qd in                   The regulations have been revised to
                         C~l~qi te~qd~A ~q1~0 be m~1~2d ~qd~u~qd~n~qg ~0q*~W~qh~q=M~M~q=               selection of the eva~ql~n~e~6qd~on team                      allow research activity in the immediate
                         e~v~a~qh~i~m~t~k~-~qM~A     am== ~q0 1 1 should               ~q1 ~q92~q1.40~q(~c~q) has beenr~evi~sed t~o~ql~adi~c~at~e               watershed of the re~servewbile ~s~qt~qU
                         cl~ea~r~ql~4qr~e~t~a~qt~e~, ~qW~qi~t~a~lt a ~q-~i ~qi~q1~i       I ~P I       that NOAA will ~'~qc~o~qn~0qu~qlt ~VA~qt~qh and -~r -~qP                requ~qi~gi~r~4qg~qi~qb~e~qm~aj~o~6qf~6qt~a~qf~qf~u~nd~ed ~-~~.
                         or inadequate ~qper~qfa~r~qma~u~qm~- One                   request recommendations ~qI~qmm the                      activities to be con~4q6~qL~qIed within ~q9~qw
                         c~om~s~ue~qn~t~er ~qp~r~o~qAded~;a list ~oft~qlems                                                              ~O-N~2qOAA bou~s  es~. N~0qO~2qM~i~a~qlso agrees that the
                                                                         Reserve an the appropriate no                        ~qma~qm~4q&~qg entity of the reserve ~shou~qLd
                         suggested f~qW~qi~z~qi~qll~qm~qh~n~qiin ~R~U e~V~8~q1~B~R~qf~qi~M~L           part~qj~qp~qip~a~nt~s Prior to the ev~a~qi~n~a~qt~o~n~qa
                         Th~r~qie rev~qiew~er~s~i~n~a~qd~e~-~sugg~e~s~qti~on~s an               The recomme~nd~ati~o~n~,~qt~qh~a~qt the                        direc~2q4~qi~nd~qi~c~a~8qf~8qt approval or
                         the composition ~a~qf~qthe ~*~v~a~qh~qw~qd~qm ~f~a~qm               evaluation ~e~x~am~i~n coordination                       disapproval of proposed ~r~qm~i~qir~c~qh
                         recommending non-Federal andp~2qdv~at~e              between the Reserve ~2qpr~o~qg~q@am ~a~nd other                Project ~6qC~u~r~re~r~2q* each ~qn~a~er~v~e is
                         individual participation w~qi~t~qi~ql~e another         coastal research e~6qf~6qf~or~4qU is ~qf~al~ql~qy --            ~- ~-   requested to review and assign ~qpri~ari~t~qy
                         comme~n~qt~er suggested the re~qg~ulat~qi~o~q=              cons~qi~ote~nt with N~4qDAA objectives for ~qt~qhe              t~o ~se~s~ea~rc~qh projects proposed for the
                         indicate criteria f~orch~o~os~qi~n~qg t~qhe -~-.~-          evaluation process and is currently                  reserve. if a reserve does not approve of
                         members of the ~e~v~a~qk~ta~qii~on team Finally          considered under Reserve program                     a particular project that ~qi~n~qf~qm~q=at~qhm
                         a r~ec~ommendat~qi~qa~qiw~a~s'~a~0qf~0qf~ered that the            criteria to "promote Federal~, State.                 should be expressed directly to NOAA~.
                         evaluation ~O~qtr~a~q"~qJ~a~qt~e~qgra~qt~qi~o~qn~-~of the              public and private use of one or more                NOA~2qA agrees that its review a~nd
                         Reserve ~qp~n~0qw~om with-other state                  reserves within the System when such                 ~s~q?~qP~r~z~qw~z~q1 of state submitted final
                         ~coastal/~re a~rc~qh~.~qp            and that the       entities conduct estuarine research."                management plans should be as
                         regulations provide for other dispute           NOAA however, does not agree ~v~1~qi~q1h &a                expeditious as p~o~s~i~6qNe. However~,
                         resolution ~4qMe~qc~4qb~8qm~0qis~00qm ~qs~4qk~qe~08qd Of                     co~qn~qu~qse~qn~0qt that other disput~qe~q.ra~qs~qolu~0qt~8qion               consistent with N~6qQAA~'s ~qre~qsp~qan~qs~qib~qi~ql~l~q-t~qy
                         litigation.                                     mechanisms should be devised shad of                 to ensure ~8q1h~qat reserve ~4qm~qa~qn~qag~qamer~qf~qt ~8qix
                         Response., ~04qR~qe~8q@~6qp~36q=~qe~q*~q- evaluation at               litigation in the event of an ~qur~20qA~qr~qvar~qab~0qle            conducted In -~qo~qzd~qa~qnce ~0q%~8qi~qth the
                         a national -estuarine research reserve is       evaluation that.m~qay ~48qW to wt~20q&~4qd~4qmw~qal                    mission and goals of the 9~8qy~qz~4qt~qp~q-~2q= the
                         c~qe~qnt~qr~qa~0ql~q:~0q1~44q0~2q40~08qAA~q'~qs~qabi~6q4~0qty 1~2q6 ensure -that          of designation. Th~qep~qr~qa~12qd~qz~8qi~qo~qns contained               need for an approved final m~qa~qn~qa~4qg ment
                         reserve operation ~0qa~qnd management is             in ~24qbo~4qf~0qh i ~04qw~0qi.4~0qi and ~6q# am         p~qr~4qm~8qdd~qe a            plan to qualify for~16qW~16qO~16qA~16qA    ~- funded
                         being conducted In -a manner fully              le~qn~8qgt~6qb~8qy and elaborate proem for -                    research remains.
                         consistent with program B~qo~qa~4qd~qe~qa~qnd                ad~0qd~qre~qs~qa~4qk~qa~4qg. major differences between                Section~~8q9~8q2~8q7.~8q3~4q1~8q-~16qEs~4qtuar~6qine Research
                         objec~0ql~8qive~qs as defined in ~qse~qc~2qd~qon ~8q315 of          the NOAA and the ~q-Re~qs~qe~4qme ~qre~0qb~12q&~qve~q'tD                   Guidelines
                         the Act, 16 ~16qU~16q3~q.~04qr~4q_ Mi. and He                                   of~6qf~8qinan~qc~2qial~0q"si~qzianc~qe~qur
                                                                                                                              Proposed ~0qi ~0qa~00qn~q.~q51~8q-~2qF~8qive reviewers
  ~qk~@~l ~@



                         ~qL~0qmp~6qle~0qme~qnti~qn~8qg ~qTe~2qg~qulation~4q& ~12qThe criteria                         ~qof desig~qn~qa~8qf~8qlon~q. ~16qn~2qd~qs Process
                         for an evaluation corresponds directly          is expressly designed to ~qdva~2qid litigation            re~qc-~qend~qed t~20qW~16qNOAA ~6qp~qr~qo~qa~qr~8qide, at
 





               29948             Federal Register / Vol. 55, No. 141 / Monday, I-aly 23. 1990 / Rules and Regulations

               minimum. a more detailed and specific                that properties included within NERR                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 resl.-icted uses, and            in domestic or export markets.
               re%aewer objected to NOAA's role in                  these uses will be subject to NOAA                     These rules amend existing
               establishing the research priorities for             approval (e.g., research. construction.             procedures for identifying. designating,
               funding under this subpart.                          education). Since these properties add              and managing national estuarine
                 Response: NOAA disagrees. Section                  real value to the LNERR System. 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               environmental effects nor will they le-,-d
               g,iidelines is provided in both the Act              time limit.                                         to any major indirect economic or
               and the regulations. Includhig 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 cf 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 arinually in the Federal                  of the Act. to assure that the state has            designating national estuarine research
               Register and intends 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 98454, 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) Paperwork Reduction Act of 1980.
               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
                                                                    submerged lands already in the states'              Public Law 16-511. the Paperwork
               The financial support provided under                 possession as state match irrespective              Reduction Act (PRA), which have
               this subpart for Research is                         of the date obtained by the state.                  already been approved by the Office of
               administered by NOAA As a result.                                                                        Management and Budget (approval
               NOA.k in consultation with prominent                 However. calculation of the amount                  number 0648-0121). Public reporting
               members of the estuarine research                    eligible as match for existing atAte                burden for the collections of information
               community, will continue to determire                owned lands will be made by an                      contained in this rule is estimated to
               research priorities for this funding.                independent appraiser who will                      average ZM2 hours per response for
                                                                    consider the value for match purposes of
               Subpart G-Interpretation and                         these lands by calculating the value of             managernint plans and related
               Education                                            benefits foregone by the state, in the use          documentation. 1.25 hours for
               Section 921-60--C"eneral                             of the land. as a result of new                     performance reports, and 15 hours for
                                                                    restrictions :that may be imposed by. ;--t.         annual reports and work plans. These
                 Proposed`4 921-Wo)-Two review                 'ers Reserve designation. - -                            estimates include the time for reviewing
               objected to the requirement that                       Proposed ï¿½ 90,71(e)(4,L-One                       instructions. searching existing data *
             '-interpretive and educadoii projects be               reviewer regommended elimination or                 sources. gathering and maint                    -the
               conducted within the research reserve.               simplification of the matching share                data needed. and completing=
                 Response: NOAA did not intend to                   criteria for research'a'w'irds._                    reviewing the collection of information.
               limit funding under this Subpart to                    Response. Thi matching share                      Send comments regarding this burden
               activities donducted entirely within the             requirement cannot be eliminated                    estimate or any other aspect of these !'I
               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¿½ 9-71.w(b)-One reviewer                  with the provisions to I 921.50(a) of               Departriient of Commerce, Washington.
               suggested NOAA require that all                      subpart F.                                          DC 20230. and to the Office,of -
               applications for interpretation and                                                                      Information and Regulatory Affairs,
               education awards be app!7ed by, the                  VL Other Actions Associated With the                Office of Management and Budget.
               state.                                               Rulemaking                                          Washington. DC 20503. ATTN: Desk
                 Response. NOAA agrees          .that               .'(A) Classification Under Executive                OfficerforNOAA ;: -                , *_:@, @ -   -          I
               applications under this subpart should               Order i2m. NOAA has concluded that                     (D) Executive Order 12612. 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 wW not result in:                              policies which have sufficient
               revised accordingly.                                   (1) An annual effect on the economy               Federalism implications to warrant
                                                                    of $100 million or more;                            preparation of a Federalism Assessment
               Section 921.71-Allowable C@sts'
                                                                      (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-acquisitioft 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 cornmenters noted              productivity, innovation or the ability of          have been reviewed to ensure that the


~0



                                          Federal Register / Vol. 55. No. 141 / Monday, July 23. i~qM / Rules ~n~d Reg~~l~~t~h~m~                                                             ~Z~qN~4~

                         rules grant the states the maximum                        submitted prog~r~3~r~n applications that                        Sec-
                         ~a~qd~qmirr~qistr~qzt~qi~ve dis~qmetion possible in the                 anticipate in~i~t~ned~i~ste implementation ~of                    ~qS~,~q;~qb~pa~r~i ~qF-R~e~sea~r~c~qh
                         admiaistra~f~qi~an of the National Estuarine                  these regulat~qior~s. Public comments on                       ~9~2~1.~50 Ceneral.
                         Reserve ~qResea~qmh System policies                           these interim final regulations are                         ~92~1.~51 Estuarine research ~gu~i~de~qUne~s.
                         embodied in the qualification                             invited and will be considered if                           ~9~Z~I.~32 promotion a~nd coordination of
                         re~qju~qi~reme~nt~a. In ~qf~o~r~rm~i~qlat~qin~qg those                       submitted on or before September 2-~1~,                       e~i~tua-~qme rese~a~z~c~qh.
                         policies. the NOAA worked with                            1~9~q30.                                                       Subpart G-Mo~n~it~c~u~ri~n~g
                         affected states to develop their o~%~-~n                     list of Subjects in 1~q5 C~qFR Pa~zt 9~Z~I                         ~92~1~.~6~0 General.
                         policies with respect to the use of
                         Na~'i~c~z~a~ql Estuarine Research Reserves.                     A~qdmiru~i~0qe~t~rativ~e practice and                                Subpart ~1~1-~Inf-er~p~r~et~a~t~ic~qm and Education
                         To ~t~qhe maximum extent possible                            procedure, Coastal 2one~, ~qF~qmv~qL~r~onm~ent~al                      ~9Z~1.70 General.
                         c~or~sistent with the NOAA~'s                                ~qL~npact statements, Grant programs--                         9~2~1~1.~qn~, Categories of pote~nti~a~ql~i~n~te~r~p~rc~t~qwe
                         responsibility to ensure that the                         Natural resources, R~ep~o~r~qf~qing and                            and educational projects; e~@~q@~q;~q:u~a~l~4on
                         objectives of the National. E~s~t~u~2qe~ne                       rec~ardk~e~epin~qg requirements, Research.                       c~r~;t~c~r~i~a~.
                         Reserve Research System provisions of                     ~qf~Fe~qd~e~-al Do~r~me~stic Assistance Catalog                       Subpart ~q1~-~-~qGe~qmal Financial Assistance
                         the Coastal Zone Management Act are                       Number 11.420, National Estuarine Reserve                   Prov~i~s~g~o~c3
                         ~ebtained~. the rules refrain fr~am                          Research System)                                            ~921.~80 Application information.
                         es~t~a~qb~"~ahi~r~qg uniform national standards.                   Dated: July ~1~f~_~1 ~1~9~qM~.                                       921.~8~1 Allowable costs.
                         Extensive consultations with state                        V~L~-~4i~D~qia X ~0qr~Lp~pie,                                          ~9~:~1.8~.~' Am~i~snd~qm~ents to ~qf~qinan~d~e~? ~a~b~s~;~_~-~1~,~;~nce
                         o~qficial~s and organizations have been                      As~sis~t~a~n~tAd~qm~in~@s~i~x~ato~r~qf~a~r 0~%~;e~q= Services                    awards.
                         held regarding the f~qincu~i ~al assistance                   and Coast~o~qlZ~on~e ~J~%f~a~n~a~qge~qmen~t~.                               Appendix I to Part ~9~q=~q-~qBi~o~qg~eo~0qg~3p~qhic
                         qualifications imposed. Details                                                                                       ~qC~qlass~qf~qf~qi~catio~n Scheme
                         regarding awards of financial assistance                  For the reasons set forth in the
                         have been discussed above under the                       preamble~- ~15 ~qCF~qR part ~q9~qZ~qI is revised to                     Appendix ~1~q3 to Part ~2~2~1--Typ~o~qlo~qgy of
                         hea~qd~u~i~l~qi "REVISION OF T~qh~6qE                                 read as follows:                                            National E~stuari~n~a Research Reserves
                         PROCEDURES FOR S~2qE~6qECTING,                                                                                              Authority: Sec. 3~q1~5~, Public Low ~9~2-~683. ~as
                         DESIGNATING AND OPERATING                                 PART ~q9~q2~q1-NA~qT~qIO~2qNAL ESTUARINE                                 amended. Be ~qSt~at. ~12~qW (IS      C ~14~1~61~qJ.
                         NATIO~4qNA~2qLESTUAR~qL~8qNE RESEARCH                                RESERVE RESEARCH ~qS~qV~I~6qSTE~2qM
                         RESERVES" and an not repeated here.                       REGULATIONS                                                 Subpart A~-~-~6qG~qww~qw~6qW
                         ~2qUkew~i~se comments from the states                    ~    Sec.                                                        ~qJ ~q921~qA ~4qMt~s~s~qk~qn gags and ~qge~qf~qt~r~a~l
                         regarding ~qqua~0qU~cati~on~s and responses                                                                                   ~qp~qm~v~qf~s~ql~qw~&
                         and changes to the regulations regarding                  S~ubp~o~d A-Ge~n~eral                                            (a) The mission of t~qh~e ~2qKa~qU~a~r~tal
                         same were set forth under the heading                     ~921.1 Mission, goals and general. provisions.               Estuarine Reserve R~e~se~a~q=~q1 System. is
                         SUMMARY OF S~qIGN~0qWICANT                                     ~9~2~1.~2 ~qD~e~qf~qi~n~0qm~ons.                                            the establishment and ~qm~e~n~a~qge~qm r~it,
                         COMME,NTS~6qON ~6qU~6qE PROPOSED                                   921.3 N~at~i~o~n~a~ql~4qS~e~b~u~t~r~qi~ne Reserve Research                    through Federal-State cooperation. of a
                         REC~6qU~qLATI~6qONSAN~2qD~N~6qGA~2qXS                                           -System, bio~qg~e~ogr~i~qq~)hic ~cla~s~sific~at~i~qm                  ~nati~or~qA~ql ~sy~ste~i~qi of estuarine ~qmearch
                         RESPONSES. It should be mated that                             scheme and estuarine ~t~yp~o~ql~o~l~qpi~e~s~.                      reserves representative of the va~z~qio~us.
                         some of the states ~camment~ed ~qhi                           ~9~2~1.4 Relationship to other p~qm~v~qi~s~ions ~o~qf~qt~qh~e
                         opposition to -condil~qi~c~i~r~e~e -or ~ql~ang~t~i~qa~qge                      Coastal~.~qZone Management Act.                           regions and estuarine types in t~qhe
                                                                                                                                               United States. Est~i~v~i~qdne res~ea~qwl
                         required by law or by ~0qO~qf~qf~qi~ne~of                            Subpart ~q2~-~-~qS~qk~e S~e~ql~e~c~qf~qi~qm Pod Us                              reserves are ~e~qj~qu~4qb~ql~qi~a~qh~ed to ~q;-~iv~qide:
                         Management and Budget ~qC~qArcular A-~q10~4q1                      and ~q?~qA~qla~na~qg~e~s~se~n~t Plan Development                          opportunities ~ql~ar 1~q6z~i~qg-~qterm research.
                         NOAA does not have the ~qd~qi~qi~a~qm~2qA~qm to                         ~q~z~qm~e -~-Ge~ue~r~a~qL                                              education, ~s~qi~nd~qi~n~qt~e~rpreta~qt~qio~n.
                         change such language or conditions.                       ~92~qmi Sit~e~va~qle~c~qd~o~n.~1p~p~p~p~p~                                                    f                  for
                                                                                                                                                  ~8qn~qj~q@~2qoal~qi~qZ '.the ~qp~r~og~q=
                           (E) National En v~qLr~or~6qd~n~e~qi~qd'~6qd~6q*~ql~i~qc`~q]~r~@~'~@                  92~1.1~2 P~ost~si~ql~e~sel~ec
                         Act. N~2qOAA-ha~s concluded ~qt~qhat                              ~9~q=~1~q9  I ~qI~qd~qw~a~qgem~e~n~t plan ~A~"~J ~s~av~ir~on~qm~e~a~qml                    carryu~i~qg out (his' m~"
                         pub~ql~qic~s~it~qi~s~qm of th~es~a~ql~i~0qf~0qt~qt~qi~qm~qf~qi~n~a~ql~z~t~s~qles-            ~;          impact, statement dim           ant                                            e~n~v~qir~onm~e~n~qt for
                         does ~nat ~c~ong~0qw~n~t~e a ~m~qm~qi~ar Fede~r~id                                                "~q!~qs~ql~qo~qp~qm~,                             research ~qlh~qm~qu~qi~q@~'~qI~q@i~8qw~qt~e~q;~sn protection of
                                                                             ~-     S~u~qbpa~qf~qf C--~qA~i~c~qu~qf~s~qf~qt~qk~F~qi~L~. ~0qm~v~V~e~ql~o~qp~qm~e~n~qt ~4~0~1~qd                  estua~2qd~qw  ~.reserve ~q;~e~qs~o~u~t~ce~qq;
                         action sig~nif~qica~nt~qI~qV ~aff~e~c~q6~m~qg five q~u~all~qi~qty               P~r~o~g~qm~ati~qm~i ~2qd~1h~e ~r~h~m~qL M~u~n~a~qge~n~qo~qw Plan ~-                       ~-        ~-
                         of the human envir                                                                                                    (2) Address ~c~D~a~*t~&~q1 management
                                                             ~qTh~e~qi~"~qf~qi~qm~,                                                                         issues i~qde~n~d      as a~qi~qg~n~qi~6qf~6qt~a~nt through
                         an environmental impact statement-is                      921.22 &Mal acquisition a~nd development
                         ~not re~qq~ui~ied.                                                                                                         coordinated estuarine re~sear~c~qb w~qi~th~qi~m
                                                                                        ~a~qw~z~m~ql~s~.
                            (~qF)~.Ad~i~r~qi~qm~8qWr~at~qi~v~e~8qP~qm~c~e~6qda~r~q@ Act                          Subpart D~q-Re~s~qm~e D~esi~qZ        7nation and                    the System:,.
                                                                                                                                               ~q(3) Enhance pub~0qk awareness and
                         ~qThese ir~d~er~qin~t f~i~r~qml egu~ql~a~rd~o~qm an                         Subsequent Operation
                         effective July ~qZ3, ~qI~4qM~0qM To the extent that                                                                             under~stand~qi~ng~of the estuarine
                                                                                   921.30 Designation of National ~qB~e~tu~ari~ne                    e~nvir~qw~iment~an~qd provide suitable
                         ~qdie~se r~e~qg~t~i~ql~ati~on~s ~r~e~ql~i~t~qt~a~qto grants mid                        R~q,~q,e~m~r~qd~qh Reserves.                                     ~o~qppo~4qmm~qi~qf~qi~es for public ~4qW~ircati~on ~and
                         co~oper~ative~a~2qve~e~w~e~e~r~qi~qf~sth~e                                 921.31 Supplemental acquisition and,
                                                                                                                                               interpretation;
                         requireme~n~t~s4~3f th~eAd~qminist~r~a~q1~qh~r~qe~: -                           development awards.           ~4q@~qme~qn~6qj~q:~q-                  (4) Promote Federal, state. public and
                         P~qr~qoced~qu~6qm Act 5~q-U~20q&C. ~8q5~08qW~0qd~qs~8qn~qn~4qt~0qA~2qPP~0ql~2qJ~qr                         9~qZ~q1.32 Operation ~qa~qnd m~qen~qa~qg
                         To the ~6qw~qdent that ~0qm~08qW ~0qw~qi~6ql~qi~04qda~qnt~2qi~qv~qe- ~q-~qT--                         ~0q3~2qmp~0qle~qtnent~qat~qi~qon of the management plan.*               pnvate ~qt~qs~qwe~qof~q,~qo~qn~qe or =are reserves
                         provision does not involve g~qr~qan~qi~qs or                      ~q92~q1~2qM ~q- ~00qScu~6qm~4qiary~q.~qc~4qb~qanges, amendments to                      within the System ~0qw~2ql~qier~qt such entities
                                                                                        ~q. t~8qh~qe~6qmana~0qgem~qe~qn~qi plan,
                         c~qoope~qr~qedi~qve agreements ~qmo useful~q. [email protected]~q.                                                   and ~qad~qA~0qM- of                 conduct ~qu~04qf~04qt~qa~qt~qi~12qbe ~qse~qs~qear~qc~0ql~qs~q; and
                                                                                        ~.~_~8q7~q,~qM~8qd~qf~qi                                               ~36qp~36qp~0qC~qe~qn~6qd~qti~00qd ~qv~qnd ~qc~qoo~qr~2qd~8qb~qi~8qa~0qte es~0qt~8ql~qa~qr~8qi~qn~4qe
                         purpose would be ~qse~qrvedby~q-~6qd~qe~0qla~2qy~8qj~qm~8qg ~.~q-~qZ                                                                                research w~0qh~32qW~qx ~4qthe~q'Sys~0qte~6qm.~4qga~2qlh~qe~8qf~8qin~2qg
                         the effective date for So days. No riots                  Subpart E-~0qP~qer~4qf~qo~qrm~qan~qo~qs~q'~4qEv~qa~4qluati~qon and.
                         of the participants in this Federal                       Withdrawal of Designation                                   an ~4qd ~8qma~4qi~6qd~qng ~0qiv~qa~4qgable ~2qh~4qd~qa, ~qa~0qtion
                         program w~16qW be adversely ~qe~2ql~2ql~qa~qc~qt~qed by                       021.40 Evaluation ~qof system performance.                    necessary for improved understanding
                         immediate implementation. To the                          9n.41 Suspension of el~0qi~qg~0qibility'f~qo~qrf~qi~qn~qa~6qn~qc~qia~8ql                and management of e~qs~0qtua~2qf~4qme areas.
                         contrary state recipients of f~8qi~qn~qan~qc~0qi~qa~6qJ                         assistance.                                            (~qc~6q)~q'~16qK~qa~6qd~qe~8qnal estuarine research
                         assistance -through this progr~qa~qi~qn have                    921.42 'Withdraws'. of designation.                         reserves shall be open to the public to
 





                   2MO               Federal Register / Vol. 55, No. 141 / Monday, July 23, 19W                                     Rules and Regulations

                   the extent permitted under Slate and                     re.pr 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
                   pro,.ided in the management plan (see                    Fi the area is a representative estuarine               educational and inferpretive award
                   ï¿½ 921.13) and consistent witb paragraphs                 ecosystem that is suitable for long-term                provides funds to conduct estuarine
                   (a) and (b) of this section. Use levels are              research. Many es@uarine 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 hum, an activities (e.g.,                       (g) Lands already in protected status
                   reserve management plan shall describe                   hydrological changes, intentional/                      managed by other Federal agencies.
                   the uses and establsh priorities amon.-                  uniintentional species composition                      state or local governments, or private
                   these uses. The plan shall identify uses                 change s-ir trod uced and exotic                        organizations can be included within
                   requiring a state permit, as well as areas               spe6es). In those areas proposed or                     national estuarine research reserves
                   w@ere uses are encouraged or                             desig'nated 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 activities may be permitted to                     key land and water areas of a research
                   following limitations. Manipulative                      improve the representative character                    reserve (see f 921.11(c)(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 (b) 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 estuarine
                   extent to the minimum manipulative                       ecosystem minimally affected by human                   research reserve systeM.'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 pro-. ide an excellent opporturdty for             available to others in the system. The
                   long-term impact on 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
                   Atmospheric Administration (NOAA).                       exceed 50 percent of all actual costs or                engaged in estuar     'ide research. and with
                                                                                                                                    Federal and sta
                   Manipulative research activities which                   $4 million whfcheief amount In leis. to                                    te ajencies. NOAA'i
                   can reasonably be expected to have a                     assist in the acquisffi6i'6f land and                   objective to a system-wide program of
                   significant adverse impact on the                        waters. or'interests'thiAlii@NOAA may                   research and i6onitoiinglckpable of
                                                                                                                               stal addre i       the in"a
                   estuarine resources and habitat of a                     provide finsincial pssimanbe,to coa                            Sams - ,          - gement issues that
                                                                                             Y -_          eir-ce"nit -bf all       -affect lo*tirni 0 - btivity
                   reserve, such that the'aiiilvities                       states not to i    ceed'50 p'                                                               'of our-
                   themselves or their resulting'short- and                 actual costs for the management and                     Nation's estuaries.
                   long-term consequences compromise the                    operation ofand the conduct of                                                  ago&
                                                                                                                                                                 w-,
                                                                                                                                    J 921.1
                                                                                                                                          2
                   representative character' and integrity of               educationZ or interpretive activities
                                             owi                            concerning. national "tuar'mie research"                  (e)                               Z o*ne,
                   a reserve. are not all          (r Habitat*
                   manipulation-for resource managOmeaf                     reserves (see 5_ubiidl of this pirt@                    Management Ad of 1972. as it-ended.
                   purposes is not permitted within                         NOAA may provide-         financial assistance          -16 U,S,C- 1451 et ieq-SectioA 315 of the
                   national estuarine re"arch'                              to any coastal state or public or private               Act 16 U.S.C. 145L establishes the
                                                        reserves.
                   except as allowed for restoration                        person. not to exceed So percent of all                 National Estuarine Reserve Research
                   activities consistent with paragraph (a)                 actual costs, to support research and                   ISystem.. -i@
                   of this section. NOAA may allow an                       monitoring within a national estuarine                    (b) Under SecTetary mebuu the Under
                   exception to this prohibition if ,                       research reserve. Five types of awards                  Secretary for Oceans and Atmosphere,
                   manipulative activity is -necessary for                  are available urnder the National - . ' '               U.S. Department of Commerce, or
                   the protection of public health or the                   Estuarine Reserve Reseaa+1 System                       designee..:
                   preservation of other saikitive resources                Program. The predesignatioh awards are                    - W C@qastal statemeans a state of the
                   which, have been listed or are-eligible -                for site selection. draft management                    United States. in or bordering on. the
                   for protection under Mev'ant Federal or                  plan prepariation and c6pduct of basic                  Atlantic, Pacific.' or Arctic Oc6an; the
                   :
                    tate authority (e.g., threatened/                       characterization studies. Acquisition-                  Gulf of Mexico.-Long Island Sound. or
                    ndangered species or significant                        ind development awards are intended                     one or more of the Great Lakes. For the
                   historical or cultural resources). It                    primarily for acquisition of interests in               purposes of these regulations the-term
                   habitat   manipulation is determined to be               land and construction. The operation'                   also includes Puert    -0 Rico, the Virgin ---,
                   necessary for the protection of public                   and management award provides funds                     islands, Guam. & Cdmiii6xiWeailth of
                   health or the preservation of sensitive                  to assist in implementing the research.                 the Northern Mariginas Islands. the '-
                   resources. then these activities shall be                educational, and administrative                         Trust Territories of the Pacific Islands,
                   specified in the Reserve Management                      programs detailed in the research                       and American Sainca (see 16 U.S.C.
                   Plan and limited to the reasonable                       reserve management plan and is                          1453(4)).
                   alternative which has the least adverse                  reflective of the joint State-Federal                     . (d) Estuary means that part of a river
                   and shortest term impact on the                          partnership in the preservation and                     or stream or other body of water having


~0




                                         Federal Register / Vol. 55, No. 141 / Monday. July 23, 1990                            Rules and Regulations                           29951

                        unimpaired connection with the open                 approved coastal zone management                    million for which each reserve is eligible
                        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,
                        est~uary-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 connections with the open                review by states with a federally                   national estuarine research reserve
                        sea. a~nd estuary-type areas of the Great            approved coastal zone management                    within their respective portion cf the
                        Lakes and the~;r connecting waters. See              program, the designation of a national              shared b~i~c~qgeograp~q@ic re-io~n. F~;~.~i2ncial
                        16 U.S.C. 1453~q(7))~.                                 estuarine research reserve is deemed to             assistance application proced~~,~:~res are
                           (e) A~'~a~t~.'on~al Est~ua~r~qi~n ~e Research               be a Federal activity, which, if directly           specified in subpar~qi I of th~;s part.
                        R~es~e~qn~-e means an area that is a                     affecting the state's coastal zone, must               (~qb) In developing a research rese~-~,-~.-e
                                                                                                                                program, a state may choose to develop
                        ~,e~,re~sentat~qive estuarine ecosystem                  be undertaken in a manner consistent to
                        suitable for long-term research, which              the maximum extent practicable with                 a multiple-site research reserve
                        I av include a~ql~ql or the key land and                                                                    reflecting a diversity of habita~Ls ~i~n a
                        ~qM                                                   the approved state coastal zone program
                        waier portion of an estuary, and                    as provided by section 1456(c)(1) of the            single biogeographic region. A m~'~Ul~Lip~qle-
                        adjacent transitional areas and uplands             Act, and implementing regulations at 15             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(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
                        term opportunities for research.                    responsible for certifying that                     multi-site research reserve. Mu~qltiple-si~te
                        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 1~q6 U.S.C. 14~q53(8)) and meets the               management program. The State must                  and development of an overall
                        requirements of 16 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 ~q921.11(c) and
                        the enactment of the Coastal Zone                   appropriate State officials concerning              collectively as part of the site selection
                        Management Reauthorization Act of                   the consistency of the proposed national            process. A state may propose to
                        1985 and each area subsequently                     estuarine research reserve.                         establish a multiple-site research
                        designated as a national estuarine                     (c) The National Estuarine Research              rese~xve at the time of the initial site
                        research reserve.                                   Reserve Program will be administered in             selection, or at any point in the ~
                                                                            close coordination with the National                development or operation of the
                           ~q921.3 National Estu~qa~dn~e Reserve                  Marine Sanctuary Program, (Title III of             estuarine research reserve, even after
                        Research System b~l~oge~4q"r~aph~ql~e                        the Marine Protection Research and
                        classification scheme and estuarine                                                                     Federal funding for the     ~'single site
                        ~t~qy~qp~o~l~o~qo~k~qm                                           Sanctuaries Act. as amended. ~q1~q6-~2qU~2qS.C.               research reserve has expired. If the state
                                                                            1431~-1445)~. also administere~qdby NOAA.               ~@dec~qldes to develop a multiple-site,
                           (a) National estuarine research                  'Title M authorizes~'the Secretary of
                        reserves are chosen to reflect re ~"o~nal                                                             ~-~@~~; - ~"' ~'nat16nal estuarine research reserve after
                                                                       Ill  Com~i~nerce to designate discrete areas of            the initial acquisition and development.
                        differences and to include a variety of             the marine environment as marine -                  award is made for a single ~qi~qf~qte. the
                        ecosystem types     A biogeographic -~q4~!~,~s~6~qi :As-- ~8q*- *sanctuaries to ~.protect or restore such -
                                                                                                                ~Z~-.         ~4q*~4qV~qB~qposal is ~s~qiibjec~ql:~q4~q6 ~the're~qq~8q*ement~s
                        classification scheme based on regional             areas for their conservation. ~                     set forth in I 921.33~q(~qb). However, a state
                        variations in the nation~'s~1p~stal zone             recreational. ecological, historica~qL            -- - -       t ~qf~qbpose to ~qidd one or more
                                                                            - -       ~. I                                       may no p
                        has been de~.veloped~.The~'b~qiog~qeograp~qh~qi~q@~"              ~r~qb~e~qgarch. educational or esthetic values.           sit~qds J~qdan already-designated research
                        classification scheme is ~qd~oed to ensure                                                  ~@d
                                                                               ~qT~qional marin~qi sa~nc~- anes an                      rese~rve~'if the operation a~nd
                                                                       ~qe~4qV~@~"                                                                  ~-
                        that the National Estuarine Reserv                  e~qstu~2qaine-~rese'arch reserves. may not                           en       uch ~qi~qi~q@                     se~2q7~i~q@
                        Research System includes at least one'              overlap, though t~qheyjmaybe adjacent.                m~a~0qi~qi~qge~0qr tof ~a ~"             searc~qh~qie-
                        site from each re~qgion.The~qi estuarine                                                                    ..has bee~n~'foi~qmd deficient a~nd
                                                                                                                                ~uncorrect~qid or the rese~qii~qih conducted is
                        typology system is utilized to ensure               Subpart ~qB~q-S~qit~e Se~ql~e~ct~qlo~6qN Post Site                  not consistent with the Estuarine
                        that sites in the System reflect the wide           S~e~ql~qf~qt~qf~ql~on and Management Plan                       Research Guidelines in accordance with
                        range of estuarine types within the                 Development
                                                                                                                                ~4qAhe provisions of subparts E and F of
                        United States.*
                                                                                                                                -this par~qL In addition. Federal funds
                           (~qb) The biogeographic classification             ~q1~,~q9~q21.~q10' General~.
                        scheme, present~e~qd~qin~'Append~qix I to this'                (a) A state may apply for Federal ~%              ~ac~qquisition'of a multi~qple~-s~qi   ~'te research
                        part. contains 27~qq~qi~q;~qj~'~ql~qj~n~1~q& ~6qF~l~-gure 2. ~r~.,~1p~      financial assistance for the purpose            ~'of reserve -remains limited to ~q$4.000,~q0~q0~q0
                                                                                 selection, preparation of documents            (see 1921.20). The funding fo~qr operation
                        graphically depicts th~qi biogeographic               ~51
                        regions of the U~n~qit~ied States.~q@~T~Z~q-~~2q4~2qA~qu~qj~q.~qI~q.-~qi        ~qipecified in ~q1921.13 (draft ma~i~n~qi~qgement             of ~qa multiple-site research reserve is
                           (c) The typology ~qs~12qy~qstem~q-~6qisp~q'~qi'ese~8qf~8qited           plan and environmental i~0qm~8qp~6qict~q'                      limited to ~0q$~0q70, 000 per year (see
                                                                            statement ~6q(EIS~0q)) and                 ct of             921.32(c)) and preacquisition funds are
                        in Appendix ~2q1~2q1 to this p                                                     the ~6qbo~0qndu
                                                                            re~2qs~6qiar~24q& necessary to complete basic'                ~4ql~8qi~qn~2qi~8qite~q*dto~4q$~0qloo~q,ooope~2qirese~q.~qrve.~q,~-~q,
                        ~0q1~q92~q1.4 R l~qat~ql~qonsh~44qwtoo~4qi~qh~4q4~0qi~0qP~8qi~qvv~ql~qs~0ql~6q6~qn~q*of               ~6qcha~2qi~8qict~qer~8qi~0qut~8qion studies. The total
                        the Coastal Zone M~qan~qa~0qg~qa~0qi~qn~qe~qntA~qct.                                                                           921.11 ~4qS~0qK~qO ~qs~qe~0ql~qe~qc~qt~qlo~0qm
                                                                            Federal share~6qbf this group of
                                                                                                                                                     us ~8qp                       ~0q0~0q0~4q0 ~2qi~qr~0qf
                           (a) The National Estuarine Reserve               predesignation awards ma~8qY not e~4q;~2qi~4q@~4q@~0qied                 ~6q(~4qi) A ~q9 ate may. ~6qe~q'u -to ~6q$2~0q3,
                        Research System is intended to provide              $1~2q0~0q6,000, of which up to $2~4q5.000 ~qn~6qiay be            Federal funds to establish and
                        information to state agencies and other             used for site selection as de~qs~0qcri~4qbe~qid in            implement a~q@site selection process
                        entities involved in addressing coastal                ~4q921.11. Federal financial assistance for         which is approved by NOAA
                                                                                                            der 1921.11            (~6qb) In addition to the requirements set.
                        management issues. Any'coastal state,               ~q-preacquisition activities un
                        including those that do not have                    and ~8q1921.12 is subject t~qp th~6qi total $4              f~2q6rth in subpart I of ~0qt~16qW~qo part. a reques~qi
 

~0



                 ~99~5~2             Federal Register / Vol. 55, No. 141 / Monday, j~~@y 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 national e~st~iar~qfne research
                 information:                                             research purposes, a full range of                      reserve. After the local ~qgover~a~r~rent~q(s)
                    t~i) A description of the proposed site                significant physical, chemical and                      and affected l~and~owner(~s) have been
                 selection process and how ~qi~qt will be                     bicl~o~qg~qic~al !actors contributing to the                  contacted. at least one public meeting
                 implemented in conformance with t~ql~@e                     diversity of fauna, flora and natural                   shall be held in the area of the proposed
                 biogeographic classification scheme and                  processes occurring within the estuary.                 site. Notice of such a meeting, including
                 typology ~q(~qï¿½ 921.3),                                      The determination of which land and                     ~t~q@e time, place, and relevant subject
                    (2) An identification of ~6q&~.e site                     water areas are "key" ~qto a particular                   matter. shall be announced by the state
                 se~.ect~ion agency a~nd the potential                       reserve mast be based or specific                       through ~t~qhe area's principal news media
                 management agency; and                                   scientific knowledge of the area. A                     at least 15 days prior to the date of the
                                                                                                 a                            , basic
                    (3) A description of how pub~qhc                        principle to follow when deciding upon                  meeting and by NOAA in the Federal
                 participation will be incorporated into                  k~cy land and water areas is that ~6qf~6qf~6qi~ey                  Register.
                 the process (see ~qï¿½ ~q921.11~q[~qd)).                           should encompass resources                                 (~e) A state request for NOAA
                    (~n) A~s part of t~qhe site s~elect~qicn                     ~vpr~e~sen~tative of the total ec~o~qr~qystem,                   approval of a proposed s~,~-~'te (or sites in
                 process. t~q@e state and NO~qA.~.A. shall                     and which if compromised could                          the case of a multi-site reserve) T~nu~3t
                 evaluate and ~s~e~e~qiect ~i~l~l~ie final s~qit~ef~'~s~q).               e~nd~a-~.~r~qge~r the research objectives of t~ql~@e              contain a description of ~q2he proposed
                 ~qNOAA has final au~qd~qwr~qity in ~sppro~vi~:~i~qg                    rc~s~erve. ~6qr~he term ~"~qb~cf~qfer zar~se~" refers to              s~qf~qte in relationship to each of ~t~qhe site
                 such sites. Site se~0q4ction shall be guided                an area adjacent to or ~s~rrro~undin~qg key                  selection principles (I 921.1~1(c)) and t~qhe
                 by the fol~qlo~qw~qir~qg principles:                             land and water areas and e~a~sent~qial to                   following information:
                    (1) The site's contribution to ~6qf~6qf~6qie                   their integrity. Buffer zones p~-~.~v~te~0qe, the                 (1~q) An analysis of the proposed site
                 biogeographical and ~t~typclogi~cal balance                 core area and provide additional                        based on the biogeographical scheme/
                 ~~i the Na~t~uonal E~stuari~re Reserve                        protection for e~stu~a~r~qi~n~e-depe~ndent                      typology c~qris~qms~sed in ~q1921.3 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 cons~qid~erati~qm to proposals to                    endangered. When ~0q&~-ter~n~h~qined ~'                             ~q(2) A description, of the proposed site
                 establish reserves in biogeographic                      appropriate by the state a~n~qd approved                   and its major resources, including
                 regions or subregions that are not                       by NOA~4q& the buffer zone ~ar~ay also                       location, proposed boundaries, and
                 rep e~ne~nted in the system (see the                       include an area necessary ~4qk~r ~qfacil~qit~qi~q!~9                 adjacent land uses. Maps, Including
                 bio~qgeo~qt~2qpaph~qic ~c~4qk~e~sif~qi~c~a~ti~on~. scheme and                  required for research and ~qh~ite~rpret~ati~cn~.               aerial photographs. are required;
                 typology set forth in ~q1 ~q9~0q=3 a~nd                          Add~qit~qi~o~n~a~qf~qfy, bu~4qf~4ql~qer zones ~s~qho~4qW~qd be                        (3) A description of the public
                 appendices I and ~q1~q1 to this part);                       e~st~ab~4q%~qhe~qd sufficient to accommodate a                   participation process used by the state
                    (2) The site's ecological                             shift of the care area as a r~e~s~u~qf~qt of                   to solicit the views of Interested parties.
                 characteristics. including ~qi~qts biolo~qgica~ql                bio~ql~og~6qk~&E eco~4qWc~a~ql or                                ~-
                 productivity, diversity of flora and                     ~qgeom~orph~o~q;~o~qg~qic~a~ql change which                           a summary of comments, a~n~c~qE ff
                                           to attract a bras              reasonably could be expected to ~o~c~q=~.
                 fauna, and capad                                     d                                                           interstate issues are involved,
                 range of research and educational                        Nat~qi~o~qm~ql ~e~s~qh~r~ari~t~te r~e~qn~a~qm~qb reserves                      docume~n~t~a~t~qh~o~o that the Gov~er~our~qf ~9) of
                 interests. The proposed site must be a                   may             ex~qh~F~4qf~4qt Federal or state                 the other a ~6qf~6qf~a~c~l~e~qd ~s~t~a~6qW~a~qj has been
                 representative estuarine ecosystem and                                                                           contacted. Copies of all cor~resp~o~0q6de~nce,
                                                                          Ian& ~a~qErea~qd~qy in a protected status                                           t letters to a~ql~ql affected
                 ~hou~ql~c~qL to the ~qn~hax~qimum extent pos~s~i~qtb~qle,                ~qW~qJ~qW~r~e ~qm~q*~4qW benefit c~a~qi~r be                           _~J  including conta~c
                                                                                                                              e~u~qb~qm~ic
                 be Ain estuarine ecosystem ~qm~i~n~i~qm~-~e~qf~qfy                    Ho~'we~qi~er~.~q1~q40AA ~2q*~0qf~0qf           ~a~l~qo~qf                   ~-~i~t~qy~qp~r~o~v~~qe a site landowners m~i~x~0qg be ~a~qpp~end~r~4qA           a
                 affected by human activity -or influence"'               for potential ~Hat~0qk~n~a~ql e~st~e~qi~qr~6qke research                    (4~q) A list of a~4ql sites c~o~qd~sidered and.
                 (see I MIMI                                                                                                      brief ~sea~t~e~qmen~t at the basis ~qf~er~qn~q6~qg
                                                                          reserve ~qm~a~v~e~s ~qV~2qWi~s ~6qd~e~qp~qi~qmden~qt
                    ~q(~q3) A~s~s~ura~r~.i~ce that the sites                        pr~qima~8qf~8qt ~U~qp~q6~q~qi ~0q6~6 ~qk~qw~4qh~w~qf~orr of Currently                  selecting ~qT~qhe ~n~qo~qd~L~qpre~qf~qi~rr~qid ~qi~2qf~2qt~qm~- and'
                 boundaries encompass a~qn adequate                                           ~-i~qa~ql lands ~qi~m ~o~r~0q*~r ~4q* meet                (a) A ~no~qm~qina~qd~o~w of the proposed
                 portion of the k~e~qy~@ land and water areas~'~@~;-             protected Fed1~qe~.                                           ite~q(~r~q) ~qfb~qed~qi~e~s~q@~qp~0q*   I~qf~qf~e~qa its ~W National
                                                                               eq~qu~qi~s~e~4qm~qo~4qf~4qt IN                                  ~Pei~serv~e
                                                                          .the r~"   ~i                r~qo~qm~qw~e~ql~qi
                 of the ~n~u~qf~ura~ql system. to approximate in                 status ~q(s~v~c~4qWa~s, key ~qJ~qW~qd~qW~0qA water                                      ~2qR~e~pe~a~p~c~qh R~qw~q@ by the
                 ecological unit and to ensure ~af~4q@~@~,                                                                              C~o~v~ern~o~r ~O~2qf~2qi~qbe ~C~0q&~a~qi~0qw state in ~qW~qh~2qk~qh
                                                       ~qwill~.~qi~l~qi~r~qi~,~:~.~, ~~v~; a~qfeas). s~qh~0qa ~qh~a~qi~qds. ~qg~e~qi~v~e~qi~a~8qW w~0qM be
                 conservation. ~6q&u~qiid~qm~4q* size                               i~r~qic~qlu~qd~ed ~q@~0qA~qh~v~0q*~qm~se~qwc~qh ~qm~s~erv~e t~o                         the area ~qt~o~6qU~ca~ql~qe~qd~.
                 great~q!~qy dep-~.~n~qd~qh~6qV ~qo~n the ~natu~qm                                  ~a~r~qo~qbu~6qf~6qfer far other ancillary                        ~    ~t~q" _` ~:- ~1.
                                                                      Of t~qh~e serve        ~ 1                                        9~'2~'1.~1~'~q1~' Post ~a~qjt~J~qj~8~G~qW~C~tk~W~L
                 ecosystem. Research reserve bo                       ~arfe~s purposes~;
                                                                      ~e~nd
                 must ~e~nc~ormpa~s~s the area ~i~q@r~qtt~qhin w~q?~qd~ch                   Of ~q7~4qU~-~s~qf~qte's ~r~2qd~rt~a~qb~8qf~8qt ~qf~q@~r ~qT~q@~n~qg~'term                       (a) At the ~qd~mi~e of the ~st~a~6qW~s request
                 adequate c~a~ntr~o h~qw~4q&~8q*~0qMb~e                                  est~L~ar~qir~t~qi research. ~qk~qw~qf~ud~qi~n~qg ~q=~0                        for NOAA approval of a proposed We,
                 established ~qb~q7 the m~a~n~O~qTM~qF ~qO~n~qf~r~qf~qt~qy over,                 factors and proximity to ex~qI~st~qi~n~qg~ql~q!~0q@~ql~-                  the state ~n~u~i~2qr ~o~o~qb~qm~qi~-t it ~qm~qqu~e~4qA ~qi~or u~qp to
                 human ~act~qf~vi~t~qf~e~qi~r ~o~q=~q_~4~_~1~W ~v~1                         the research facilities and educational                     $4o~.0~q00 of the total ~qsi~6qmoo~qo allowed for
                 reserve. Gener~s~q'~U~Y~,~*~q-~q=~s-~1`~-~W-- ~6qb~o~6q6~qu~ql~ar~qie                                                                         pred~e~s~4q*~w~d~qi~an ~qh~u~ad~qk to develop the
                                                  ~V                       institutions;
                 will encompass ~qh~qW~*~qa~r~_~q"~'~_~qr~.~_~q9~e~'~qY~'~4qh~q=~qd and                   ~-~q(~q5~q1~. The site's c~ompat~qi~qb~l~ql~-~r~qi~qj with                   draft m~a~n~z~qy~qm~en~t plan ~qw~3~qd for the
                 water areas for "cute ~qi~qi~e~l~f~8ql ~qg~qF~c~8qj~~a~q@                     existing mid potential land and water                   collection of ~4q*~0               ~qt~qi~on ~ne~r~qA~s~sa~r~qy
                 buffer zone. Key                                         uses in co~n~qt~qig~uou~s~area~s as well as,                     for ~qpr~ep~a~qm~qd~o~t~a ~a~qE the environmental
                                                   ~q@~12q7~.
                 and a buffer zone win                                'I  ~qa~6qp~16qw~qov~32q@ c~qaas~0q@~qa~0ql and estuarine                            impact ~qstate-~0qA At this t~2qb~qna. ~24q6~q8 state
                                                                                                                                     ~qay a~0qlz~qe ~qv~qa~0qb~0qm~08qA a ~12qW              farthe
                 significantly di~6qf~6qf~0qer~qs~0qi~16qf~16qt                                 manageme~qm~4ql p~0ql~qamr~q. ~0qa~qnd                                   In
                 (see I ~0q9Z~0qI.~0q1~0q3~6q(~40q07~0q)~6q@ ~2q7~4q1~4qi i~qe~2q@~16q&~q'~28qIk~qt~4qe                                               ~qr~8qq~0qm~qrt~4q=~qc~qe                      ~q-t~qv~q'e~0qd~qa~q:~0qd~qat~8qf~qorr remainder of t~2q4~qep~qo~qe~0qd~qesi~8qg~qnatic~qn funds
                                                        1.,                 (~0q6) The ~2qq~64q@ ~2q@             ~q. _ ~q._ _                 ~qnt w~q,
                 and water ar~4qn~qs~q" refers to ~0qd~qv~0qit                       a~0qa  a~qnd ~6qf~6qt~2qit~64q@~36q@ ~4qi~qiff~6qdrts, co~qn~qs~8qf~qa~0qt~qe                       th  for research necessary to complete a
                                                                                                                                           I                   ~2qbf the ~2qp~6qh~qy~qv~4qi~8qlc~8qi~qk~0ql.
                                                                                                                              ~6qof the basic ~6qi ~20qhr~qa~04qde~12qd~q- =I%'
                 within the reserve tha~qL is so vital to ~0qt~6qk~8qw r             the need f~2qe~qr c~qon~4qd~0qm~qr~8qi~6qd ~qp~qr~qot~qec~qt~8qf                          chemical an~0qd ~24qWologic~2qi~20qf~20qf~q'c~4qharacter~2qf~8qs~4qt~4qi~qf~qi~qcs
                 functioning of the es~4qf~4qi~6q1~8qsr~4q6~4qi~2qi~2q@e`~4qc'~4q3~0qsy~0qi~4qi~6qgi~qr~8qi'             natural system. "I ` -                              ~q: ~q'
                 that it must be ~qand~qer~qal~qev~qe~6ql of c~qo~qn~0qt~qr~qo                      (d) Early in the site ~qse~6qiect~4qi~0qm p~qr~qo~qc~qe~qr~qs~qs~q'              of the site approved by NOAA~q. The
                 ~s~,~2qdf~qi~qcient to ensure the long-term -- ~q,                  the state m~qu~qst~q'seek ~qt~6qhe v~4qi~qe~qv~2qi~qs of affected              state's ~0qm~04qq~qu~2qi~0qnt f~2qbr~qt~6qhese post site '_ ~q-
                 viability of the r~qer~qser~qve for research an                landowners, local governments. other.                   selection ~0qh~4qi~qn~4qd~qs'~24qmu~qst be accompanied by
                 natural processes. Key land ~qa~qvd water                    state afid' Federal a~8qg~0qi~0qmcie~qs'~qand other                  the information spe~qc~28qMed fn subpart I of
                 areas, which comprise the core area. are                 parties ~qv~q6~q-~4qh~0qd are in te~qr ested in the ~qare~2qa~4q(~qs)           this pall and, for draft management plan
 




                                      Federal Register / Vol. 55. No. 141 / Monday. July 23, 1990 1 Rules and Regulations                                                29953

                      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 @utline             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 controlfs)
                      of understanding (MOU) between the                proposed research reserve boundaries.             required for buffer areas will be
                      stale 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 (includirg 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 estuarLne                 long-term state controL an estimate of            A final boundary for the reserve shall be
                      research 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 &e          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
                                                                        the proposed research reserve; and a              a permit and permit requirements, any
                      1921.13 Management plan and                       discussion of any anticipated problems.           restrictions on use of the research
                      environmental Impact statement
                      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                 following 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 support facilities or buffer         understanding (IvIOU) 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 (eg., management              estuarine research reserve, and
                        (2) An admin strative section'                  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. education/intei-pretation. and          conservation easement), fee simple                research reserve in accordance with
                      surveillance and enforcement - ,                  property acquisition. or a combination            section 315 of the Act 18 U.S.C. 1461.
                        (3) A research plan. including a                of these approaches-,          1@                 and applicable regulations. In
                      monitoring design;                                  (ii) Identify the level of existing state       conjunction with the MOU and where
                        (4) An edu6ation/interpretive plan;             control(s):                                       pos ible under state law, the'slate will
                        (5) A plan for public access to the               (iii) Identify the level of additional          con:ider taking appfopriate.
                      research reserv'                                  state control(s), if any. necessary to
                                       e*.                                                                                admin strative or legislative actioh to
                        (6) A construction plan. includi4a              [email protected] minimum requirements                     ensure the long-term protection and
                      proposed construction schedule, general           identified in (a)(7)(i); of this section;         operation of the national estuarine
                      descriptions of proposed developments               (iv) Examine all reasonable                   -'veftarch reserve. The MOU shall be
                      and preliminary drawings. if         .            alternatives 'for attaining the level of -        signed prior to research reserve
                      appropriate. Information should be                control identified in (a)(7)(iii) of this         designation. If other MOUs are
                      provided for proposed minor                       section, and perform a. cost analysis of          necessary (such as with a Federal
                      construction projects in sufficient detail        each-,and                                         agency or another state agency), drafts
                      to allow these projects to begin in the             [v) Rank, in order of cost. the methods         of such MoUs also must be included in
                      initial phase of acquisition and.                 (including acquisition) identified in             'the plan; and
                      development. If a viiitor center,                 paragraph (a](7)(iv) of this 3ectiorL                (11) If the state has a federally
                      research [email protected];any other facilities            An assessment of the relative cost-               approved coastal zone mana.gement
                      are proposed fk@@nitruction or                    effectiveness of control alternatives             program documentation that the
                      renovation at"the*site, o-'r restorative          shall include a reasonable estimate of            proposed national estuarine research
                      activities which reqWnsigaificant ;_           -  both short-term costs (e.g., acquisition of       reserve is consistent to the maximum,
                                     are       'id. a detailed          property interests. regulatory program            extent practicable with that program.
                      construction       plann
                      construction plan including preliminary.          development including associated                  See I 921.4(b) and I 921.30(b).
                      cost estimates and architectural                  enforcement costs, negotiation,                      (b) Regarding the preparation of an
                      drawings must be prepared as a part of            adjudication. etc.) and long-term costs           environmental impact statement (EIS)
                      the final management plan; and                    (e.g., monitoring. enforcement                    under the National Environmental Policy
                        (7) An acquisition plan identifying the         adjudication. management 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               all 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


~0



                   ~~~qM            Federal Register / Vol. 55. No. 141 / Monday, July ~23. 1~9~90 1 Rules arid Re~g~qWat~ions
                   ~1p~~~~~~
                   imp~i   r~i~ti~n~qg the draft management                funds may be used in accordance with                 that the construction activity will not be
                   plan and feasible alternatives to the-            the final -~a~nag~e~rn~ent plan to constru~c~A              detrimental to the environment.
                   plan. Based on this i~r~@~qfor~sn~aticm~. NOAA           research a~nd educational fa~4qdl~qi~t~qies,                     ~r                                                     I
                                                                                                                             Ld) Except as specifically provided in
                   will prepare the draft E~2qM                         complete a~n~ny remaining land                         paragraphs (a) through Cc) of this
                   (c) E~ar~q!y in the development of the               acqui~si~ti~qm and for restorative activities            section. construction projects, to be
                   draft management plan and t~qhe draft               identified ~qi~2 the ~qf~qf~nal management plan.             funded in whole or in part tinder an
                   E~S. t~ql~@e state shall hold a meeting in the       In any case. the amount of Federal                   ~a~z~qq~Lisit~f~on and development award(~s)~,
                   area or areas most ~2qO~rected to solicit             financial assistance provided to a                   may not be initiated until the res~e~-a~r~-~ch
                   pu~qbiic and ~qg~o~v~e~r~-~qm~qm~ent comments on the            coastal state with re~spe~cl to the                    reserve receives formal de3~qig~nat~ion ~q(s~c~2
                   significant issue~s r~el~a~ied to die                       ~. Won of ~qk~i~r~ic~qi~s and waters. or                ï¿½ ~9~11.30). ~qT~"hi~s requirement has been
                   ~                                                 ~a~c~o~u~l~l~s~i
                   proposed acti~c~i~i~. N~8qO~8qAA will publish a
                                                                     interests therein~. for a~=~qy ~o~ne national              adopted to ensure that substantial
                   ~~oti~c~e of the meeti~rg i~n the Federal             ~estu~qm~q@~ne ~r~ese~qxth reserve may not .                   progress in establishing adequate state
                   R~~qgi~b~ql~e~r 1~q3 days prior ~t~j ~t~qhe me~eti~r~:~q;~.           exceed an amount equal to ~q50 percent of              control over key land and waters areas
                   The state shall be res~qpon~i~t~i~qbi~e for               ~qt~qhe costs ~of the Lands, w~a~qte~qm and                    has been made and that a ~qf~q1ral
                   pu~qbl~qish~qL~r~ig a ~sir~r~i~-~qlar not~4re~'ia the local       interests therein or ~6qU~8q=~6q=                             management plan ~is completed before
                   media.                                            whichever am u~r~qd is less. The amount                 ma~i~or st~e~ns are spent on c~o~nstruct~icn~.
                   (d~q) ~I~4qN~0qOAA will publish a Federal                  of Fe~i~qi~e~m~qml assistance for dev~e~!~opment               On~8q6 substantial progress in
                   Register notice c~qf intent to prepare a            and ~con~3tr~rc~qtoa act~0qh~q!~*~;es is                         establishing ade~qq~u~E~;~t~qe ~s~l~,~3te contra!/
                   ~d-~~a~'~t E~qI~qS~.~,~0qV~qter ~0q6e draft EIS is prepared                                                              acq~ui~s~it~on has been made. as de~qf~ql~i~ned
                   and filed with the Environmental                  ~q1921~q-21 ~L~n~0qWa~l ~a~4q"~.u~1s~qWo~n and                                  ..
                   Protection A~qg~e~n~zy (EPA), a Notice of              development aware&.                                  by the state in the management plan.
                                                                                                                          other a~ct~8qM~i~ties guid~Ld by the final
                   Av~a~qUab~ility of the DEIS will appear in              (a) Assistance is p~zo~v~0qWed to aid die               management plan may begin with
                   the F~aderal Register. Not less than 30            recipient ia~:                                        NOAA's ~a~'~qp~qp~:oval.
                   days after publication ~af the notice~,               (1) Acquiring a fee simple ~o~r 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 p~axt with Federal funds for the
                   hearing in ~qt~qhe area or areas most                 land and water areas to be i~n~c~qh~1ded In               research reserve the state shall execute
                   affected by the proposed national                 the research reserve boundaries (~s~q"                  suitable fide do~c~a~qm~ent~s t~a, include
                   estuarine research reserve. ~qT~qhe hearing           ~q1~,9~q2~q1~4qM~q(a)~q(7~q1~- I 921.30(d~q)~q?~, ~-        ~.               substantially the following provisions.
                   will be held ~no sooner than is days after           (~q2) ~q&fi~n~or construction. as provided in            or otherwise append the following
                   appropriate notice of the meeting has             pa~n~a~qgrap~qhs ~q(~qb) and Cc) of ~qt~hi~s section~;              provisions in a manner acceptable under
                   been given in the principal news media              (3) Preparing the ~qB~r~ia~ti: ma~qna~qg~z~a~tent              applicable state law to the official ~ql~amd
                   and in the Federal Reg~6qW~er by NOAA                 plan: and                                            rec~ord(~3):
                   and the state, respectively. After a 45~-            (4) Up to the point of research reserve               (1) Title to the property conveyed by
                   day comment period. a final EIS will be           designation, initial management costs,               this deed shall vest in the [recipient of
                   prepared by N~2qOAA.                                 e.g., for ~qk~upl~eme~n~qf~6qM the N~qX)AA                       the award granted pursu~ar~qA to se~c~qA~2qWn
                   Subpart C__~qA~c~qq~u~0qk~qi~qg~o~n~, ~qD~q*~V~a~qi~0qq~qf~qf~ql~qV~"                 appr~o~v ad draft ~qm~ax~ta~qge~qme~nt plan.                    ~q31~q6 of the A~c~qL 18 U~.S~-r- 14~q61 or o~qt~qh~qn
                   and preparation of the ~6qFn~af                       preparing the final management pl~a~a.                 ~2qN~4qOAA approved state a~qge~a~cy~q) ~sub~qf~-~e~ct
                              A Man
                   Ma~na~qg~em~er                                         hiring a reserve manager and ~o~qd~qw~r staff              to the condition that the designation of
                                                                     as necessary and for other ~qm~a~r~i~a~qg~e~m~qm~8qd~-               the [name of National Estuarine
                   ~92~q1~.20 G~o~n~era~qL
                                                                     related activities. App~qr~q=~q#~q=                          Reserve] is rat withdrawn and the
                   The ~ac~qq~p~q1s~qiti~o~n~qi~t~u~8qdd~eve~q!~upr~u~e~nt                   pro~ce~qd~m~r~us we specified In. subpart I of             property remains pert of th~a federally
                   period is ~s~e~qp~qwated into two major                 this part                                            designated (name of National ~qEs~ti~qi~qdne
                   phases. After ~2qNOAA approval at the                  (~qb) The expendi~qt~qu~qm of Federal and                  Research Rem v
                   site. d~qg~aft m~a~x~2qWe~qmen~qt p~qh~qmand draft                s~qtat~qi ~qf~m~r~qi~c~0qb ~o~qp Meier c~o~qr~2q@~8q@                             (2) In the event that ~qth~qe property is ~r~r~qj
                   M~2qO~2qV~,~'and c~o~a~tp~qie~qt~qi~q= of the final ~4qV~4q& a             activities ~qf~a~qi~t~o~qt a~ql~qlowed d~u~r~qm~'~qs th                  longer ~qh~qw~ql~a~qded as           ~o~qft~qhe ~z~w~qwarc~qh
                                                                                                           ~L~ne
                   state is eligib~qie for. an Initial ~a~qd~qq~t~qds~6qf~6qt~q=       initial ~s~o~q4~w~6qh~6qM~a~n and d~e~v~e~ql~o~qp~'~l~ue~nt                   re~qier~v~e~. or if the ~0q=~q;~8q@ti~o~n of am
                   ~~d development award~qj~s~q@ In t~qhis initial          phase. ~qT~qhe preparation o~qfa~r~ch~i~4qk~0q"~qi~qir~al                researr~0ql                     ~qh it J:B part to
                   phase, the state should work to meet the~'~@        a~qnd ~o~qi~qgineeri~2qn plans, in~0qdu~0q&~n~qg                        withdrawn. then NOAA or its successor
                             am' d for ~qf~or~au~qd research               ~speci~qf~qica~qdon~s~. ~qf~or~'~sny proposed                         ency       r                on ~a
                   criteria req I                                                                                         ~a~qg      , aft~e ~0qM and rea~s ab~qi
                   reserve designation~; ~ag~. establishing             co~ns~qU~qm~c~qt~qio~8qm or for proposed restorative              consultation wi~qd~i the State. m~3y
                   adequate state co~ntr~a~ql over t~qh~a ~qk~ey land          ac~qdvides, is permitted. In addition.                 exercise ~6qf~6qf~6qi~e following rights re~qgar~qd~i~rg
                   ~~~qd water areas as specified in the draft         m~qk~qw c~on~s~qtru~c ~qf~ql~on activities, c~onsf~8q~                 the d~qL~qqx~x~qd~qd~qm of the pr~opert~q)~r ~'- ~%~t ~'                       I
                   management plan and preparing the             ~.   with paragraph ~q(c) of ~0q&~.~s section also                  (i) The recipient may retain title after
                   ~f~mal management plan. T~qh~qm                         are a~ql~qlowed. The NOAA-approved draft                 paying the Federal C~over~mment an
                                                                                                                                                                the
                   requirements are sp~e~e~6qf~6qf~6ql~e~4qdh~qi 1 ~q9~q2~q1~.~4qn              management plan ~qn-~qL~qbowever~.                          amount computed by apply.
                   M ~@ nor construction in a~qc~q6~a~qid~a~nce with           include a cm~i~st~z ~rt~i~r~qm ~qp~q1~qm and a public              Federal pe~qn~e~uta~qge of participation In
                   th~e~' draft managemer~q, pl~qa~qn~q:~qi~2q* aim be             access plan before any award                     can the cost of the original project to the
                   conducted daring this ~q0        phase~q. ~6qT~0qhe         be spent on cons t~qr tic       ~qa~qc~0qt~8qi~qvi~8qf~8qi~4qm ~q1_~q@ ~q- `  ~.   current fair    ~-~4q-4~q, t value of the
                   initial acquisition and de~qv~qe~24qk~8qq~qu~qn~qamt ~qr - .          ~q- ~4qCc) Only minor c~qo~qu~qf~qf~00qf~00qtu~qc~4qt~8qi~qo~qn ~qac~0qti~qv~2qi~8qdes            property,
                   phase is expected to last nor longer than         that aid ~2qh~qx ~6qh~qop~0ql~qar~qn~6qh~qa~2qt~0qmg portions of the                ~6q(~8qi~2qi~6q) ~2qIf the r~qe~16qd~2qp~2qie~qn~0qt does ~0qnot elect to
                   three years. If necessary, a I                time management plan ~6q(s~qw~q:h as boat ramps                 retain title. the Federal Government may
                   period may be negotiated between the              and nature tra~8qll~qs~6q) are ~8qp~qe~12qf~12qt~08qWe~20qd during             ~qz either direct the recipient to sell the
                   state and NOAA. After research reserve            the initial acquisition~, and development             property and pay the Federal
                   designation. a state is eligible ~4qf~qo~qr a            phase. No more than, five ~6q(~0qZ) per~qrea~0qt of             Government an amount computed b~2qY
                   suppl~qe~q,mental acquisition and                     the initial acquisition and c~0qle~qve~6ql~8q9p~0qm~qe~qnt             applying the Federal percentage of
                   development award(~qs) in accordance                award may- be expended on such                       participation to the cost of the ~qo~qr~8qi~2qg~6qt~24qW
                   with 1921.31. In this post-des~2qi~2qg~qz~4qm~0qt~2qk~4qm             facilities- NOAA must make a specific                project to the proceeds from the sale
                   acquisition and development phase.                det-~4qmin~qat~6qio~qn. based on ~4qt~qhe final                     (after deducting actual and reasonable
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                                      Federal Register / Vol. 55, No. 141 / Monday. July 23, ~1~9~90 / Rules and Regulations                                             2~99~5~5

                      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             acquisition and/or development
                      proceeds), or direct the recipient to             provide long-term protection for reserve         award~q(s) for acquiring additional
                      transfer tide to the Federal Governmen~qL           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                  ~q(~q@~qj Designation of the area as a               enhance long-term protection of the area
                      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 rnara~qgement
                      project to the current fair market value          opportunities for public education a-rid         plan. and for administrative purposes.
                      of the property;                                  interpretation:                                  The amount of Federal fina~nc~-~'al
                         (iii) Fair market value ~o~qf the Property          (5) A final management plan has been           assistance provided for supple'mental
                      must be determined by an independent              approved by NOAA and contains the                development costs directly associated
                      appraiser and certified by a responsible          s~@gned copy of the designation findings;         with facility~'corstruc~qt~on other than
                      ~c~qHicial of the state, as provided by                (~6~5) An ~qS~qIOU has been signed between           land acquisition (ie., ma~qj~cr construction
                      Department of Commerce Regulations in             t~q1~,~e state and NOAA ensuring a long-             ac~t~:~,~@-~ities) for any one n~a~"~c~r~ial estuarine
                      15 C~qFR part 24, and Uniform Relocation            term commitment by the state to the              research reserve may riot exceed
                      Assistance and Real Property                      effective operation and implementation           ~q$1~.~q5~q00.~100 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~qf
                         (~q6 Upon instruction by NOAA.                     (7) The coastal state in which the area        lands or waters, or interests there~qL~qn. for
                      provisions analogous to those of                  is located has complied with the                 any one National Estuarine Reserve may
                      I 921.21~q(e) shall be included in the              requirements ~of these regulations.               not exceed an amount equal to ~q50 per
                      documentation underlying less~-than-fee-             (b) NOAA will determine whether the            centum of the cost of the lands. waters,
                      simple interests 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 of
                         (~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              307(c)(~1) of the Act. 1~q6 U.S.C. 145e~, and        shared biogeographic region.
                      pursuant to ~q1921.13(7) which has been             1~q5 CFR part 930, subpart C See                   Application procedures are specified in
                      approved by NOAA prior to the                     I 9~q21.4~q(~qb~q). The results of this                  subpart I of this p~q@~qu~4qt 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         I ~q921.13(a)(7)~. I ~q92~q1~4qM (e) and (f) and
                      management plan to NOAA for review                notice of designation is published. See          I 92~q1.8~8qL
                      and approval~. the state shall hold a              I 921.30(c).
                      public meeti~6q4 t 'receive ~q@~qo~qmment on                 (c) NOAA will cause a notice of
                                        ~0                                                                                1921.32    Operation and m~an~ag~er~n~er~it.
                      the plan in the area affected by the-             designation of a national estuarine:~'~.-- -       ~qh~r~q4~qa~e~rn~e~ntat~qi~on of ~qO~qw ma~na~qg~a~i~n~ent p~0qW~L
                      estuarine research reserve. NOAA will             research reserve to be placed in th~qi               (a) Aft~6qF the national estuarine
                      publish a notice of the ~2qme~'eti~ng in the           F~ede~nd Register. ~2qTh~qe state shall be ...          research re~qi~qir ~v~*e~'is f ~qbr~0qm~,ally designated~.
                      Fe~q4e~q;~0qW Register. -The state shall ~qOe~'~~@ ~@~@~4~e~!~l    responsible for having a similar notice          the state Is eligible to receive Fed~4q&~q@~qI~.
                      responsible for ha~'vin~qg a~s~qi~0qm~qilar notice          publ~qished~~qin the local media.                    fonds t~4qWa~'s~sist the state -in the opera~n~qg~n
                      published in the local media.                       (d~q) The ~qierm "state control" in
                                                                                                                         and management of the research
                                                                          921~.30~q(a)(3) does not ~n~qe~q6~qi ~qi~qi~rily              reserve.. The purpose of this Federally
                      Subpart ~2qD~q-Res~erv~e D~e~s~qi~qg~n~at~qion~qind                  require that key land ~qin~qd~v~qi~qi~qieT areas be         funded operation and management
                      Subs~equ~on~, t Operation.                           owned by the state in fee ~s~ql~2qm~q@le~. ~!           ~@~,
                                                                        Acquisition of l~qes~s-th~an-fe~i~qi~-~'s~qi~in    ~.pie    phase ~q1s.to implement the approved fi        ~-nal
                      1921.30 D~*~qW~qï¿½~n~at~qlon of National E~s~qh~ou~ql~qm                                                             management plan and to take the ~, ~,~8qL
                      Research Reserved.                                Interests (eg., conservation easements)          necessary steps to ensure the continued
                                                                        and utilization of existing~'State
                         (a) The Under Se~a~r~.~*etar~q-                                                                       effective operation of the research
                                                  y ~8qmay                 regulatory measures are encouraged               reserve.,
                      designate an area as a na.                        where the state~'can de~rno trate that
                      estuarine research ~qi~qii~qi             ~0qU~'~nt to                                   ~r~q!~s          ~-        -~, (~qb) State operation and management
                                                                        these Interests and measures assure              of national estuarine research reserves
                      section 315 of the Act. if Wised on               adequate long-term State control         ~.
                      written findin~qg~qi~2q&~~qit~qit~qi~ql~ia~qt~4qmet the --         ~'                                                    -shall be consistent with the mission. and
                                                                    ~ ~L consistent with the purposes of the      ~,    ~'
                      following re~qq~u~qi~r~e~l~2qw~an         ~q*~1                                                  ~                shall further the goals, of the National
                         (1) The Go~qv~qe~qrli~6qB~qi~qr~q'~4qbf~4qf     ~-~i~q.  ~36qW state        research reserve (see also I ~q921.13~q(a~q)~q(7);       Estuarine Research Reserve System (see
                      in which the area is located ~4qh~0qa~qs                  I ~4q9~0q21.2~0q1~0q(~8qg)~6q). Should the state later elect
                                                                        to purchase an interest in such lands
                      nominated the ar~4qi~8qi for~q"~6qd~8q6s~qi~4ql~8qg~2qi at~8qio~q-n~q-~qi~qi~qis~q'a      using NOAA funds, adequate                        ~40qjc~0q)Fede~0qt~4qal funds of up-~44q6~48q4~0q7~q.0~q.~4q0~q'~04qW~2qie~q'r
                      national estuarine r~2qesea~8q@~8qm~28ql re~4qierve~q-~q,             justification as to the need for such-           year. to be -matched by the state Ion a
                         (2) The area is a representative               acquisition must be p~qr~76q"ded to NOAA~q.~q'~q-~q-           ~4q50/50 basis, are ~qa~qv~0qi~0qf~0qlable for the
                      estuarine ecosystem that is suitable for                                                           operation and ~24qm~4q1~6qf~6qi~4qi~4qi~60qi~qi~0qi~2qient of the
                      long-term research and contributes to             1~q921.31 Supplemental ~qa~04qNu~qt~qa~0qtt~qlon and              national estuarine' ~6qie~4qsearch rese~6qive,
                      the biogeographical and ~8qq~08qwlo~8qg~8qical                 development awards.                              including  ~q.the establ~4qi~32qA~00qm~4qint and
                      balance of the System~q:                              After national estuarine research              operation of* 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 t~8qd
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                 2~qN~q%             F~f~t~qW~qW Re~gis~i~m / Vol.              5~5. No. 141 / Monday, ~I~~~l~y 2~q1 ~1~qM / Rut" and ~l~te~g~~la~j~qW~~

                 this part) ~sha~t~ed by two or more states.          accordance with section ~qJ ~q92~qI~qL13 and              performance evaluations. If other
                 each state is eligible for Federal                shall include an administrative                   experts am to be included in the
                 financial assistance to establish a               framework for the mul~t~qipl~e-~a~qf~qte research          ~E~q"~qJ~qw~r~qd~q= N~0qQAA will first ask the
                 national es~qh~m~u~-ine 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 that capacity.
                   hared biogeographic region (see                 educational programs within the                      (~qd) Performance evaluations will be
                   921.~q10).                                        research reserve. If NOAA determines,             conducted in accordance with the
                   ~q(d) Opera~qton 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 regulations on
                   (1) No more than $70.000 in Federal             site, that an environmental assessment            review of performance at 1~q5 ~2qC~qFR part
                 funds may be expended in a twelve                 is sufficient to establish a ~qm~ult~qip~ql~e~-~s~qite        9~qZ~q8 (ie., I 928.3~q(b) and 1~q9~q28~-4).
                 month award period (ie., Federal funds            research re~ser~qm then the state shall                 (e) To ensure effective Federal
                 for operation and management may not              develop a revised management plan
                 be expended at a rate greater than                which, concerning the additional                  oversight of each research reserve
                 $70.000 per year),                                                                                  %!thin the Na~qd~on~a~ql Estuarine Reserve
                                                                   component. incorporates each of the               Research System the state is required to
                   (2~q) No more than ten percent of the             elements des~c~z~qi~qbed in I g~qz~qt.~4qn~q(a~q@ The
                                                                   revised management plan ~s~qbal~qt address             and management of the research reserve
                 total amount (state and Federal shares)                                                             submit an annual report on operat~qi~l~cn
                 of each operation and management                  goals and objectives f~or all components           during the immediately preceding state
                 award may be used for construction-               of the multi-site research reserve and            fiscal year~.~-~qI~l~hi~s annual report must be
                 type activities (ie., ~q$14.000 maximum             the addit~qiona~ql~'~comp~onen~qt's relationship           submitted within a ninety day period
                 per year).                                        to the original ~a~8qf~8qte~q(~s~q)~.                          following the end of the state final year.
                 ~l 921~4qM Boundary ~ch~a~r~qn~qi~el~, ~qW~n~qW~X~qh~qM~Rt~5               SUb~2qW ~qE~q-~qP~.         f~o~. ~m~qunc~e Evaluation            The report shall detail program
                 to the management p~qh~qn ~qm~4qW addition of              and ~6qW~qi~qt~qh~c~qh         ~C~qd ~0qD~6q"~0qW~q=~6q*~qM                      suc~ce~qn~q" and ~a~cc~o~qmp~ql~qis~qi~n~n~en~qt
                 mu~lt~q1p~ql~e~-~a~tt~e ~c~o~0qm~on~ent~s~.                                                                            referencing the research reserve
                   (a) Changes in ~re~.~, ~sarch reserve               1~q921~-40 Evaluation of ~s~qyst~a~i~n                    management plan and. as appropriate.
                 boundaries and major changes to the               ~qP~e~qdar~qm~a~nc~e.                                       the work plan for the previous year. A
                 final ma~na~qgem~qa~qd plan, including gate                (a) Following d~es~qi~qgn~ation of a national         work plan. ~qdet~ai~ql~4q@ the projects and
                 laws or regula~qf~qio~ns promulgated                   estuarine r~p~a~pa~r~ch~r~e~e~a~r~ve p~i~qm~qm~an~qt to              acti~v~8qMes to be undertaken over ~ql~qb~e~-
                 specifically for the research reserve,            1~q921.30. periodic performance                     coming year to meet the goals and
                 may be made only after written                    evaluations shall be candu~c~4qW                      objectives of (he research reserve as
                 app~r~vv~al by NOAA. If determined to be             ca~ncer~n~qi~n~qg the op~eratk~ir~i and                     described in the management plan and
                 necessary. N~0qOAA may require public                management of each national estuarine             the state's role in ongoing research
                 no~qti~qm including notice ~qin the ~qF~ed~o~4qW               research reserve~. ~qh~qw~-~qh~ul~qi~n~qg the research          reserve pr~o~qgr~a~q= shall also be Included.
                 Register and an opportunity for pub~qbc             and zn~G~ni~qt~a~rin~qg         ~r~nn~qd~j~9~r~f~P~qA within
                 Coll -ant Ch~m~m~qs~es in the bour~idar~ql~es of           the reserve and education and                     1~q92~q1A~qI ~qS~u~qM~qm~a~ql~o~n~o~qt~4q0~qg~qr~a~6qf~6qt~qt~or
                                                                                                                     ~qf~qin~an~0qd~a~ql~s~e~4qd~s~qt~an~o~q&
                 the research reserve ~qi~nv~o~ql~v~qdng the                ~qInt~er~2qpr~e~6qa~ve a~c~qt~qh~qd~qf~qi~es. Evaluations may               ~q(~a) ~4qK~a performance evaluation under
                 acquisition of properties not listed in           assess performance ~qI~r~qi'~qal~ql aspects of                921.~q40 ~qM~w~e~e~0qk that ~0q&~a operation and
                 management plan or final EIS require              research ~_~_~q_~_ ~_~_           Ion and ~; -~-~@~'                        of the research r~e~qm~qm~e Is
                                                                                   If- 1                 ~.~0~, -~3~4
                 public notice and ~qth~qe opportunity far,            m~a~na          t ~a~qi may     I m~i~te~d in scope,      management
                                                                                                                     def~qicia~i~6qK or ~6qQ~at the re~se~4q@ be~0qf~0qt
                 co~rn-ent~;~.~qI~n certain cases, an                    focus     an selected ~ql~qi~m~4q@~o~2qr~.                     ~co~nduc~qied~q;~0qMt~qh~qi~n the reserve Is not
                 environmental ~a~s~s~'e~0q"~qwe~nt and ~qP~q@~qi~q~qi~qb~qly~,            ~qim,           ~2q&~8qA~C~qi~qM~qiL~qi~qx~qi ~l~qav~a~ql~m~, ~a~,~qd~qW~,~&~qh~L                                           Ite~s~e~arc~qh
                                                                                                                     c~onsl~a~qte~v~qit with ~qdw~2qr~qAtuar~qkie
                 an e~nv~qi~o~q6~n~qne~o~8qW~ql~qi~qm~qpac~qt ~s~qhr~qlem~qe~n~qt~.                  as                            sop              ~o~qa~@
                 ~ma~qy ~qt~4qk ~qie~q4ulre~4~qL ~2qW~qbe~qr~0qi ~qi~qf~qi~0qf~0qt~qe no- ~qo~c~qi~s                       ~: ~- ~1~ ~. ~ ~f~. I A....                  Gu~qlde~ql~2qk~e~s referenced ~q(~n~q4~a~qb~qpa~qit ~0qY~er
                                                                   and mana              ~~,~%~-                        ~qt~ql
                 r~~qq~%~qd~red. ~6qW~6qOAA w~qi~qf~qf place a notice Fin~- ~1~1        ~-                                     ~qJ~I~L            2~q1~s~-p~ar~qL ~q1~qh~qi ~8qA~qg~qA~0qd~qi~qt~qy of die re~qw~d~qi~t~qi~k
                                                                   whether a-            ~D~O~qW~qT~O ~qi~s
                                                                                                                     reserve for ~qF~*d~e~n~qd financial a~s~si~e~0q@
                             ~2qR~qe~qg~qi~st~ai of                           compliance
                 the Federal              ~a~n~qy                                                            ~-e~nt~a~S      ~as described in ~0qf~0qf~0qiese reg~pla~qf~qlo~qw may be
                 ~ha~n~~qges in re~se~w~r~6q6 reserve boundaries            thesis ~q=~q4u~qlat~qi~o~qn~i~q@~qp~qwti~2qi~u~qlar~ql~qy ~qi~4q4a~ql~ql~i~e~r~.
                 or prop'   d major changes to the fin                                                   ~qg~em~ent of   ~gu~qs~qo~qj~qj~qn~6q@ ~qj~[~q@~4qW the deficiency or
                        On                                      al~,  (I) ~qT~qh~e     ~-~'at~qi~on A               ~-           in
                 management plan. Thestate -shall be -~-~,           -the re           ~. ~.  ~6qU consistent with-            consistency Is remedied.
                 responsible for publishing in equivalent and fi~'~8qA~p~r~a the ~qm~0qWi~o~u and goals ~Of the                        (~qb~q) NOAA Will provide the state with
                 notice In the local me~qd~2qk~. See-aim                           E~st~q@~&~qd~n~qi Reserve R~*~zea~qT~q0~qL~.~qW~,~,~._         ~@a written notice of the defi~6qd~e~nc~qy ~qW
                                                                   ~'~qS~qys~qf~e~2qm~q[s~qi~qm~qi~qg~4qm~qi~qla~nd                               inconsistency. This notice Will ~6qW~qla~qi~R
                 requir~e~v~qoent~s of I ~q9~q21.4~q(b~qf~a~qi~t~qid               ~@~ ~'                                                                                                         I
                                                                     (~q7~q4 A ~qb~a~a~0qb c~o~nt~in~t es to e~3dst to               the &ding. a~a~s~e~ss ~qt~qbe Federal ~r~8q9~a In
                   (~qb) As discussed In                          a state support any ~an~qi~orm~c~ce of the ~q@~nd~!~q7           co~n~qi~zi~qbuting to the problem. propose a
                 may choose to develop a~0qt~m~a~ql~q!~q4~q9~9~-~f~f~qf~qt~e ~'~c          made un~i~qd~e 1~q2~q2~q1~q30~q(~4q4                                  lution or solutions. provide a ~4qW~hedul~e
                 ~~                                                                                                  by which the gate should remed~qY ~qt~qh~qe
                   fin~n~a~l estuarine             ~qn~qu~r~v~e ~aft~e~t          (~qb) Ce~a~era~qlly~. p~qir~qf~D~rma~nce ~qv~q@~qf~qfl be
                                                                                              three~ ~56qi~0q6ars~q.
                 the initial a~qc~8qq~quf ~qs~6qiti~qc~4qa ~qa~qs~8qi~4qd development         ~qev~qa~6qb~qu~0qd~qe~6qd ~qa~4qt least ~qe~6qi~qr~qary                          deficiency or ~8qInco~qns~12qWe~qncy, and Oats
                 award for a s~2qb~2qq~2qoe si~q'~4qt~qa~8qb~qas~28ql~32qe~8qAr~qi~0qma~4qd~qe~q. -~q7           More: frequent evaluations may b~qi~qa~q.               whether the state's eligibility for Federal
                 Public notice of the proposed ad~2qd~8qf~8qt~4qL~4qm~q':~q;~q:         scheduled as de~04qU~4q=~2q1~36q6~20qd t~8qo be                        financial assistance~q, has been suspended
                 will be placed by NOAA In &a ~8qF~qe~6qd~6qw~qal               ne so       b ~12qNQAA.                               in whole or par~qL In ~6qdi~8qJ~q$ notice the state
                                                                   ~q. ~q:~. ~44qW ~2qP   ~qr~qi~qn~qa~qn~qc~qe ev~qa~8qh~0qm~qi~qi~q-~qn          w~24qab~4q&-       shall al~qoo be advised that it M~qaY
                                                                bl~qeI~q_.
                 Register. The stale shall b~qe~q, ~q.~q.~q, ~8qP~qO                                                             ~qn~48q4~qk -comment on this ~qf~qi~qn~qr~qun a~qn~0qd~qn~0qw~qetw~2qfth
                 -for publishing an ~qe~8qq~quJi~4qva~6qle~qnt not~8qic~qer in         conducted by Federar o~0qf~6qf~6qi~56qda~4qls~q. ~12qV~20qA~4qw~0qd
                 the local media. An opportunity for.. ~-           determined to be necessary, Federal and NOAA officials to discuss t~2qh~qs results Of
                 comment. in addition to t~0qh~qe~2qprepar~qati~qO~qn            non-~6qFed~qec~qa~4ql ~qe~2qip~qect~qs ~2qJ~qn ~qn~qat~4qm~qa~4ql resource            the pe~qr~0qi~0qb~8qma~qnc~qe evaluation ~q&~qa~24qd ~qa~qs~24q& to
                 of either an environmental assessment             management. estuarine ~qr~q6~qf~qle~qa~qV~qch~q,                  remedy d~4qw deficiency or ~2qh~4qW~qO~qn~qs~2qh~0qd~q_~4q=~qcY-
                 or environmental i~4qmpaGt statement on              interpretation or other aspects Of                   ~0q(~qc) E~6ql~64qob~2qility of a research ~4qw~0qw~qr~qv~qe for
                 the proposal. will also be ~qn~qe~8qquired. An           national estuarine research ~qr~4qmerv~qs                financial as~qs~12qb~qf~qt~4qm under these
                 environmental impact statement if                 operation and ~qn~qu~0qm~qa~8qg~qe~4qme~qn~0qi~4qm~08q"~36qbe                      regulations shall be restored upon
                                                                   requested by NOAA to participate in               written notice by NOAA to the state
                 required. shall be prepared in
 





                                     Federal Register / Vol. 53, No. 141 / Monday, July 23, IM                        Rules and Regulations                      299i-,

                       that the deficiency or inconsistency has        J 921.21(e) regarding the disposition of       to any other funds available to a coastal
                       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 mus:
                       does not remedy a deficiency in the              (0 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)(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      J 921.51 Estuarine research guidelines.
                       J 9.11.40(a), 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 1921.42).        Subpart F-Research                             shall be conducted in a manner
                         921.42 Withdrawal of designation.             1921.50 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               (b) 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 1921.51.              1 921.50(c).
                       the findings made under I 921.30(a) in          Research awards may be awarded                     (c) The Estuarine Research Cuideiines
                       designating the research reserve no             under this subpart to only those               are reviewed annually by NOAA. This
                                                                                                                      review will include an opportunity for
                       longer exists;                                  designated research reserves with              comment by the estuarine research
                         (2) A substantial portion of the              approved final management plans with           community.
                       research conducted within the research          the following exception: NOAA may
                       reserve. over a period of years, has not        award research awards under this               1921-52 Promotion and coordination of
                       been consistent with the Estuarine              subpart to reserves without final              estuarin* research.
                       Research Guidelines refereaced 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 time.         these regulations; in the absence of an        Estuarine Reserve Research System for
                       has not remedied a deficiency in the            approved final management plan.
                                                                                                                      research purposes.
                       operation and management of a                   however these reserves will be eligible            (b) NOAA will. in conducting or
                       research reserve identified pursuant to         for research awards during only the first      supporting estuarine research other than
                       an earlier performance evaluation               two years after the effective date of          that authorized under section 315 of the
                       conducted under 1921.40.                        these regulations. Although this research      Act give priority consideration to
                         (b) If a basis is found under                 may be conductid within the immediate          research that uses the National
                       I 921-42(a) for withdrawal of                   watershed "of the research reserve, the        Estuarine Reserve Research System.
                       designation. NOAA will provide the              majority of research activities of any             (c) NOAA will consult with other
                       state with a written notice of this             single research project furided under this     Federal and state agencies to promote
                       finding. This notice will explain the           subpart must be conducted within               use of one or more research reserves
                       basis for the finding, propose a solution       reserve boundaries. Research funds are         within the National Estuarine Reserve
                       or solutions and provide a schedule by          prim:arily used to support management-         Research System when such agencies
                       which the state should correct the              related research that will enhance'                d '   stdirindi *se&&
                                                                                                                      con uct e
                       deficiency. In this notice, the state shall     a'cientific understanding of the research
                       also be advised-tbat it way comment on          *resirve ecosyqte ='-provide information       SubpartG
                       the finding and meet with NOAA              @-'niee4ed by"reserve managers g
                                                                                                      ind 6oaital
                       officials to discuss the finding and seek,          a' emeh't de78si&n_'makers, and            192160   Gerieral.
                                                                                                                          :*,.,,J4CA
                                                                       -man S
                       to coirect thedeficiency.                       improve public iwareh                              (a) To prbi;ge a systematic basis for
                                                                                               ess an
                         (c) If. within a reasonable period of         -understanding of-estuarini ec'osistems        developing a high quality estuarine
                       time, he deficiency is 'not corrected In a      and estuarine ind-na,eme-M issues.             resource and -ecosystem information
                       manner acceptable to NOAA, -a notice            Research projects may be oriented to           base for national estuaim"e research
                       of intent to withdraw -designation. with        specific research reserves; however.           reserves and. as a result. for the System,
                       an opportunity for comment. will be             research projects that would benefit           NOAA may pro@yicl@ financial support
                       placed in the Federal Regliater.                -more Omn one research reserve in the          for monitoring programs. Monitoring
                         (d) The state shall be provided the           National Estuarine Reserve Research            funds are used to support three major
                       opportunity for ii"Wormal hearing               System are encouraged.                         phases of a monitoring program; studies
                       before the Under Se6retax                                                                      necessary for comprehensive site
                                                   y to consider         (b) Federal research funds under this
                       NOAA's fmding R difiн and intent             subpart ar@ not intended as a source of        description/characterization.
                       to withdraw desiliffiVo-ONits well as- the'     continuous funding for i " rticular            development of a site profile. and
                                                                                                 pa
                       state's comments on'M Aes'p"o"n-sie"to'         project over time'. Research funds may         implementation.of a monitoring
                       NOAA's wriZefi 'notice-ksui:nt to               be used to support start-up costs for          program,.,.
                       I 921.42(b) an Federal ke;i#stg notice          long-term Oibjed3 if ah applicant can              (b) Moniioirin7g@ funds are available on
                       pursuant to I 921.42(c).                        identify an alternitive'source'of loW          a competitive basis to the state agency
                                                                                                                      respons
                         (e) Within 30 days after tlie-h@ioim@         term research support.'.r,                             iSle. foi reserve management or
                       hearing. the Under Secretary shall issue          (c) Research funds are available on a        quililltid public or private person or
                       a written decision regarding the                competitive basia1c, any coastal state or      entity'desigifat6d by the Reserve.
                       designation status of the national              qualified public or private person'. A         However,if the applicant is other than
                       estuarine research reserve. If a decision       notice of available funds will be              the            entity 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 submit as a part of the application


~0





                2995~8            Federal Register / Val. ~5~5, No. 1~41 1 Monday, July Z3. 19~90 /                            Rules and Regulations

                a letter from the reserve manager                   recipient, consistent with I ~q92~.1.81(e)~q(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 monit~cring~. The
                the reserve. Monitoring awards will be              ~q1~921.71 Categories of p~ot~ent~f~al                       announcemert of opportunities to
                                                                    I~rt~er~pr~et~iv~e and educational projects;
                made on the basis of a five-year                    evaluation ~c~r~qi~te~r~l~s.                                  conduct research in the reserve sys~t~-~I~T~I
                performance period; and with initial                     (a) Proposals for interpretive ~0~q!                appears on an annual basis in the
                fu~rdin~qg for a twelve ~q(1~q2~q) month period;                                                                   Federal Register. If a state is
                a~~qd with annual supplemental funding                educational projects will be considered               participating in t~qhe national Coastal
                                                                    under the following categories:
                contingent on ~qpe~t~qiormance and                                                                             Zone Management Program. the
                          ~iations under the Act.                         (~q1) Design, development -and
                app~rop~ri                                            d~qis~tribution/~p~q! ~acem~ent of interpretive               applicant for an award under section
                Monitoring funds are provided in                                                                     or   315 of the Act shall notifv the state
                addition to any other funds available to            educational media (ie.. the development
                                                                                                                          coastal management agency regarding
                a coastal state under the Act. Federal              of tangible items, such as exhibits/                  the application.
                ~m~0~nit~o~ring funds must be matched                    displays, publications, posters, signs,
                                                                                                                            (b) An original and two c~op~ql~es of !he
                equally by th~-~3 recipient. consistent with          a~udio/vi~suals, computer software and                  formal application must be submitted at
                  ~q92~q1.81~fe)(~1) ("allowable ~cc~-~sts")~.                maps which have an educational cr                     least 120 working days prior to the
                                                                    interpretive purpose; and techniques for
                  ~q(~c) Monitoring pro~6q*~'~,s funded under                                                                     proposed beginning of ~2q&~,~a project to the
                this Subpart must focus on the resources            making available or locating ~qinfor~i~n~ation
                                                                                                                          following ad~0q1~ress: Office of Ocean and
                within the bcu~ndaries of the research               ccr~icernin~qg research reserve resources,               Coastal Resource Management,
                reserve and must be consistent with the             activities, or issues);                               National Ocean Service~, National
                aprp~qf~qicable sections of the ~qE~stuar~qL~-~te                   (2)~'~q6evelopment and presentation of              Oceanic and Atmospheric
                Research Guidelines referenced in                   curricula, workshops, lectures, seminars,             Administration, Universal Building
                ï¿½ 921.51. Portions of ~Lie pro~;c~ct ~qm~ay               and other stru~qa~lured programs or
                occur with~qm the ~qi~rnmedi~ate       ~J watershed        presentations for facility or field use;              South. ~qI~qL8~q2~0qZ Connecticut Avenue. NW,
                of the Reserve beyond the site                           (3) Extension/outreach programs-, or             Suite 714. Washington, DC 202~q35. The
                boundaries. However. the monitoring                      (4) Creative and innovative methods              Application for Federal Assistance
                proposal must d~em~o~nstra~te~w~6q+y this is                and tech~no~ql~o~4q&s for implementing                       Standard Form 4Z4 ~q(N~on-~c~o~n~s~qtru~cti~on
                necessary for the ~a~n~c~q6e~-~q-~. of the project.          interpretive or educational projects.                 Program) constitutes the formal                -          I
                                                                         ~q(b) Interpretive ~a~nd educational                 application for site selection. post-site
                Subpart H-Inl~e      rpr~et~at~ql~an and                  projects maybe oriented to one or more                selection. operation and management.
                Education                                           research reserves or to the entire                    research. and education and ~qf~qt~qderpretive
                                                                    system~. Those projects which would                    awards. Ile Application for Federal
                  ~92~q1~qL70 General~.                                   directly benefit more than one research               Financial Assistance Standard Form 424
                  (a) To stimulate the development of               reserve, and. if practicable. the entire              (Construction Program) constitutes the
                Innovative or creative ~8qWe~rpretive and               National Estuarine Reserve Research                   formal application far land acquisition
                educational projects and materials to               Sys tem. shall rec~qi~lve pr~qio~r~qi~qfy                       and development awards. The
                enhance pu~2q6~qh~c ~inv~are~ne~ss and                        consideration for funding.~,                           application must be accompanied by the
                understanding of e~2q"~Z~qi~n~e~4qf~4qtre~4q"                             (c) Proposals. for i~n~qt~e~'rpretive ~qa~nd             information ~qmquir~ed in subpart B
                NOAA may fund ~ql~a~qter~qp~qie~qf~qive and                                                                            (predesignation) of ~q1hi~s part, subpart C
                educational activities. Int~e~i~qp~ret~qive and            educational pr~q6~qj~qi~q6~qt~qi In ~nati~a~nal                      of th~qi~qi part and I ~q921~8qM (acquisition and
                                                                    estuarine resear~rh~zes~e~r~ve~qi~s~:w~qI~qll. be
                educational awards u~ka~qy ~6q0 ~a~0qW~qA~r~qd~i~p~qd                  evaluated in a~coor~qdan~qhe~-~6qW~8qf~8qt~'~criteria                  development), and 1 ~q8~0q=32 (~opera~qqon
                under~-th~qi~qi ~subpar~qi ~qt~o ~0~2q0~qy~qtho~s~e                      listed below--".                                      and ma~"~n~'~a~'~qge~qi~r~l e~-~-~at)~'as ~opp~ql~qi~c~able.~'
                designated research re~g~qrerve~s-wi~qt~qh                       ~q(1) E~du~c~a o~nal or ~qI~n~qt~qe~4q-~qi~qf~qive me~qnts~,              Applications ~qf~or development awards-,
                approved final n~qz~uag~q@~qme~qil p~8q" with                                                                         for c~o~n~s~qtru~c~qti~o~u projects. or restorative
                ~he following exception: NOAA                            (2) Re~qle~2qv~qm~c~ e~'~q6~r ~qimp~(~qi         Ito ~qk~qi~serv~e      ~8Ct~qiV~qi~qf~qi~qM ~qI~n~V~O~ql~V~qi~D~qS ~qW~n~g~qb~q=~qti~0~n. Must
                                                       may                                ~a~a~qw
                                                                    mana~qge~6qme~za or co- ~8qW ~qd~a~n~4qkl~qe~qp~2qp
                award research award~s~4q%~i~qd~q@~r ~qt~0qWs                           (3)                                         ~qa~qk~'~n~qg~;~'include a preliminary engineering ~re~qp~o~0qd.
                subpart to reserves wi~l~0qhout ~qf~qht~qil                          Educational quality ~qC~e~qj~qg~q@ ~~. ~. - ~ ,      I    ~;All applications must co~n~qt~at~u back up
                                                                    soundness of approa~q6hexp~er~qi~e~n
                management plans- that ~ql~qm~q@~qve been                   related tometh~o~qd~a~ql~ogi~as~ql~-                             data for budge estimates (Federal and
                designated prior to the *effective date of                                                                non-Federal ohms), and evidence that
                these regulations; In the absence of an                  (4) Importance t~qo the National                   the application complies wit' the
                approved final management p~qlan~q@                     Estuad~ne Reserve Research System~:                     Executive Order 1237~q2~, ~" "I            - ~.
                                                                         (~q5) Budget an~qd~qInstit~u~qtiona~ql ~'               ~-    -"Intergovernmental Review of Feder~qi~al
                however these reserves ~6q*~0qM lie eligible              Capabilities ~qCe~.~2q&~, reasonableness of
                                         ~a~m~m~6q"~"~q6~qf~qi~ql~qy ~I~0qf~0qf~0qie first                                                                  ms.~" In addition. applications for
                for research awards ~q"6~"                             b~@ ~'~.~:~dt. su~0qM~c~qlen~cy of logistical support~q@            Pro~qgra
                two years after the e~6qf~6qfe~2qAve date ~qof                      ~_~7                                               acquisition and develop~qm~c~..~, awards
                these re~qg~qula~qtio~n~a~qL~*~---~8q4~*~qN~'~qQ~_~qP~qJ~qi~q6                    and                                                   must contain,.
                  (~qb) Educational    ~-and ~qh~8qf~8qt~r~ql~4q*e~' t~qi ve~'~-~'f un d s      (6) In addition. In the case a~qf long-              (1) State Histar~qi~c Pr~es~t-~n~dt~qi~q= Office
                                                                    te~an projects. the ability ~of the state or
                are avaiIableo~qn~4qA~2qt~8q6~20qW~8q#~40qW~6qHv;~6qi bails to,                 the grant recipient to support the project            comments;
                any coastal state ~2qe~4qf~4qit~6qit~2qy~q.~q-~2qI~4ql~6ql~qow~2q6~2qv~6qi~qr~q. if the        beyond this i~08qWt~24qW fi~6qu~8q@~qii~2qq~2qa                               ~0q(2) Written apprav~qa~4ql from NCI~12qAA of
                applicant Is o~4q1~0qh~16qe t~0qh~qa~2qh~q'1~0q1~16qA ~qt~2qh~6qi~0qd~qma~48qe~qn~2qg                                                                      the draft management plan far initial
                entity of a research reser~2q@e, tha                                                                         acquisition and development award~0qis~0q)~q.
                                                      t~q@ -`         Subpart ~6qI~6q-~20qG~qe~qn~2qm~6ql FInanc~2ql~qal
                  ppl~8qic~qant must ~qsu~6qb~44qmit~2qe~qs ~6qi PBX! of the              Assistance Provisions                                 and
                application a letter from the re~8q;~qser~qve ~q'~q,~q.               ~. ~. ~q...~. ~q:~ ~q. ~q"~q.~q. ~. ~q.~q, ~q@
                                                                                                                            ~0q(3) A preliminary~q'engine~qe~6qi~0qin~8qg report
                manager ind~8qica~4qtir~qig formi~0qd support ~qo~0qf the          '~2q1921.8~6q6 App~ql~ql~qcat~ql~qo~qc~6q@~qtn~0qt~qo~qrma~qll~qo~qn.                      f           ~qction projects. or restorative
                                                                                                                          or con~qs~0qtru
                  ~qppli~qcation by the managing entity of                   (a) Only a coastal state- ~6qiii~qny ~0qip~2qp~4ql 'for        activities involving constru~qct~4qi~qo~0qm
                                                                                                                     ~4qy
                the reserve. These~4ql~0q=~48q6 are provided in               Federal financial a~q-~4qisist~qance awards ~0qf           ~q.~8qor  ~8q1~q921.81   Allowable costs.
                addition to any other funds available to            preacquis~qition~qi, acquisition and
                a coastal state under the Act. Federal              developm~4qint, operation and ~q' ~q*                   ~q,~q- ~q'   (a) Allowable co~q'~qsts ~0q;~0q4ill be
                interpretation and educational funds             *  management, and e~4qd~8q=ation and                          determined In accordance with
                must be matched equally by the                      interpretation. A~qr~q.~2q7 coastal state or                 applicable OMB Circulars and guidance
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~0



                                           Federal Register                          Vol. 55. No. 141 / Monday~ July 23~ 19~90 / Rules and Regulations                                       299~59

                            for Federal financial assistance, the                    dete~qmin~qing the value of the benefits                            10. West Florida (Ft. Jefferson to Cedar
                            financial 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 ~1~,~.~I~o~qb~i~le
                            term "costs" applies to both the Federal                 The appraisal of the benefits foregone                          Bay).
                            and ~z~ion-Federal shares.                                 must be made by an independent                                  12- Mississippi Delta ~q(Mobile Bay to
                            (b) Costs claimed a~s charges to the                      appraiser in accordance with Federal                            Galveston~q).
                            award must be reasonable. beneficial                     appraisal standards pursuant to 1~q5 CFR                          13. Western Gulf (Galveston to Mexican
                            a~rd necessary for the proper and                         part 24 and 1~q5 CF~qR part 11. A state may                         border).
                            efficient administration of the financial                initially use as match land valued at                           ~4qC~2~q1~.~.~q"~"~O~r~n~i~a~n
                            assistance award and must be incurred                    greater than the Fed~-~cral share of the                          14. Southern Ca~qh~qfor~n~ia ~q[~,~0qMe~y~ican Border to
                            duri~rg the award period.                                 acquisition and development award.                              Point Concepcion).
                            (c) Costs must not be allocable to or                    The value in excess of the amount                               15. Central C~a~qli~qfom~ia (Point Concepcion to
                            included as a cost of any other                          required as match for the initial award                         Cape Mendocino).
                            Fe~qderally-fi~nanced program in either the                 may be used to match subsequent                                 1~6. San Francisco Bay.
                            current or a prior award period.                         supplemental acquisition and                                    Columbian
                            (d) General guidelines for the non-                      development awards for the national
                            Federal share are contained in                           estuarine research reserve (see also                            17.M~i~iddle Pacific (Cape Mendocino to the
                            Department of Commerce Regulations at                                                                                    Columbia River).
                                                                                     ~q1921.20)~. Costs related to land                                 18~. Washington Coast ~q(Colu~mbia River t~o
                            15 CFR part 24 and OMB Circular ~2qA~-1~1~0~-                   acquisition, such as appraisals, legal
                                                                                                                                                     Vancouver Island).
                            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                               ~qCr~e~at Lakes
                            Avenue. NW., Suite 714; Washington. .                    Awards. Generally. cash and in kind                             20. Western Lakes (Superior, Michigan.
                            ~2qDC 20235. The following may be used in                   contributions (directly benefiting and                          Huron).
                            satisfying the matching requirement:                     specifically identifiable to operations                         21. Eastern Lakes (Ontario, Erie).
                            (~q1) Site Selection and Post Site                         and management), except land. are                               Fjord
                            Selection Awards. Cash and in-kind                       allowable.                                                      ZZ. Southern Alaska (Prince of Wales
                                           (value of goods and                            (4) Research~, Monitoring, Education                        bland 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 benefiting                         Bay).
                            the project) are allowable. Land may not                 and specifically identifiable to the scope                      S~,~,~q5~_~0qA~,~,t~qi~c
                            be used as ma~qt~c~qJ~L                                        of work), except lan~c~qL are allowable.
                            (2) Acquisition and Development                                                                                          24. Northern Alaska (Bristol Bay to
                            Awards. Cash and in-kind contributions                   ~qJ ~q921~.~q82 A~n~qmdm~ent~a to ~qf~qi~n~ar~tc~qla~ql                                Demarcation Point).
                            are a~ql~qlowable. In general~. the fair market               ~a~ss~i~stan~c~o ~awa~r~4qf~4qt                                               ~qI~n~suJ~qar
                            value of lands to be included within the                      Actions requiring an amendment to                          ~qM Hawaiian Islands~.
                            research reserve boundaries and ~. ~.                      ~*~1~, the financial assistance award. such as                     2~a. Western Pacific Island.
                            acquired pursuant to the Act. with other                 a re~qqi~iest for additional Federal funds.                        27. Eastern Pacific Island.
                            than Federal funds, may be used as                       revisions of the approved project budget
                            match. However, the fair market value                                                                                    Appendix U to Part 921~q-Typolo~qgy of
                            of real property a~ql~qlowable as match Is                   or original scope of work. or extension                         National Estuarine Research Reserves
                                                                                     of the performance period must be
                            limited to the fair market value of ~qi~qi~qi~qil                ~sub-tted to NOAA on Standard Form                               This typology system reflects significant
                                                                                          ~6qT~'
                            property interest equivalent to~,~l~oi_                     4~2qN   ~:~4qald approved in writing.                         ~d        d~ifferen~'ce~s in estuarine characteristics that
                            required to attain. the level of contr~q@~ql                                                                                 am not necessarily related to regional
                            over such land(s) identified by the state-               Appendix Ito Part ~921~q-B~ql~o~qgeo~qgraph~qi~c                             location. The purpose~'o~qf th~i~qi ~t~q@p~e of
                            and approved by the Federal                              ~8qPass~qif~qi~cation Scheme                                            classification is to maximize ecosystem
                            -Government as that necessary for the                                                                                    variety in the selection of national estuarine
                            protection and management of the " - -                   -    ~1. N~o~r~%~qhe~r~n Gulf of a      ~e ~qtEas     ~r~t ~1~0 e              research reserves. Priority will be given to
                            national estuarine research reserve.-                         Sheepscot River).    M in         ~tp~o ~.        ~th          important ecosystem t~@pes as yet
                                                                                                                                                     U~nrepre3e~nted in the reserve system It
                            Appraisals must be performed accordin                         ~2. Southern Gulf of Maine (Sheepsc~ot River                 should be noted that any one site may
                            to Federal appraisal standards as                             to Cape Cod). ~-                                            represent several ecosystem types or
                            detailed ~qin.De~qp~qs~qi~qr~4q@~4q&tof Commerce                                                                                         physical characteristics.
                            regulations at 15 C~qER pa~qj~q@~qi~4qu and the                          3. Southern New England (Cape Cod to                       Class ~qI-E~c~os~ys~t~a~i~r 7~'
                            Uniform Relocat~qi~qm~qi~2qAssistance and Real                                                                                                     ~   ~y~pe~s
                            Property A~c~qq~qu~qfs~0qW~qd~4qZ~l~t~4q@ Federal -~o~nd                            ~- ~- Sandy Hook). -A                                        Group I-Shorelands
                            Federally A~ssi~s                ~2q0~6q6 in 1~q5 CFR                   4. ~0qKddle Atlantic (Sandy Hook to Cape                      ~4qA.~,~v~qi~c~u-~qi~t~qi~qme ~qF~qar~e~q@t_W~qoo~qd~qZand~- This type of
                                                         ~4qt ~q1~q.                        ~- ~i~. Hatteras].
                                                               ~qal                           hesap~qea~4qke Bay.                                           ec~qo
                            part 11. ~2q7~0q1                    v   ue~qo ~q'                 I                                                               system consists of single-stemmed species
                                                   I ~6q4~52qa ~qi~q. ~q,     ~.                   ~2qi~q'~0q@~4qf 5. ~4qC
                            privately donated       ~4qq      at                                                                                        that have developed under the influence of
                                                      It
                                             st~2qiblis ~2q4~q"~48qA                                                                                             gal
                            d~qonation.~q'as'e                                           C~8qM~q'~qO~0ql~qi~qr ~qXi~4qi~qW                                                    t spray. It can be found on coastal uplands
                                                                                                                                                                       such as barrier islands and
                                   nden                   it-                        ed by aa. Northern Carolinas (Ca~4qp~6qe~0q@ ~q*
                            ~8qindepe ~q*      ~8qi ap~2q@~0qi~qi~0qdse           ~q.                                                           Hatteras to               or recent features.
                            responsible official of e state                               Santee River).                                             beaches. and may be d~qi  ~q,vided into the
                            (pursuant to 1~4q5 C~2qFR part ~36q"~2q)~q, may also                         7. South Atlantic (Santee River to St. John's              following b~0qlomes:
                            be used as match. Land. including ~q- ~q"                         River).                                                    ~q1. ~0ql~0qV~qo~qr~qth~qe~qr~qn Coniferous Forest Bio~2qme: This
                            submerged lands already in the state's                        a. East Florida (St. John's R~qi   ver to Cape               is an area of Predominantly evergreens such
                                                                                          Canaveral).                                                as the sitk~qa spruce ~0q(~qPi~qc~qe~qa~0q). grand fir (Abies).
                            possession, maybe -used as match to                                                                                      and white cedar (Thu~4qla)~q, with poor
                                                                     f
                                                               ~0qt~72qh~0qt~8qlm
                                                               ~0qy an ~q_~0qj~12q+
                                                               d certi~6qf~6qt





                            establish a national estuarine research                  ~q-~q7 West Indian                                                  development of the shmb ~0qitnd herb layers.
                            reserve. The value of match for these                         9. Caribbean (Cape Canave        ~q*ral to Ft~q.               but high annual productivity and pronounced
                            ~q9 ~qta ~qte lands will be calcula~q-ted by                          Jefferson and South).                                      seasonal periodicity.
 

~0





                  299~6~0           Federal Register / Vol. 55, No. 141 / Monday, July 23, 1990 / Rules and Regul~t~io~~~

                  ~- Moist Temperate (M~e~so~t~ql~;e~r~qmcl~q)                    heath. shrubs, grasses. sedges. rushes, and               F~. ~In~te~r~fida~ql ~A~qf~ud and Sand ~F~ql~a~!s: These
                  Con~i~,~@~qI~er~ouj Forest Eiome~: Found along the           herbaceous and dwarf woody plants.                     areas are composed of unconsolidated. high
                  west coast of North America frcm California          C~a~r~nm~en species ~@~nclude a~r~c~t~i~c~q/~a~qlp~ine plants           organic content sediments that function as a
                  to ~~q@~a~ska. this area is dominated by conifers.       such as E~qmpetru~rn ~n~1~grum and ~qB~cn.~:~q13 aa~L~n~3~,            short-term storage area for nutrients and
                  ~has a relatively small seasonal range. high          ~t~qhe lichens Cetraria and Cladon~i~a, and                 organic cart~;~ors. Macrophyte~s are nearly
                  humidity with rainfall ranging from 30 to ~-~50        herbaceous plants such as ~qPo~tcn~til~qla                   absent in this ecosystem although it may be
                  inches. and a well-developed ~understory of           tr~identaa ~qwid Ru~qb~us chamaemoru~s. Common                heavily c~o~qi~cnized by ben~th~i~c diatoms,
                  ve~~,~?~.~I~at~ion with an abundance of mosses and         spec~.~E~s on the coastal beach ridges of the             din~o~qf~qla~ge~ql~lates~, f~i,~'amentou~s blue-green and
                  other moisture-toler~a~nt plants.                      high arc~,~"~'~c des~zrt inc~l~@~.de Drya~s inter~,~q=~-~qJ~o~ql~i~a       green algae. and ch~em~o~synthet~i~c purple
                  3. Temperate Deciduous Forest Bi~o~i~re: ~T~1 his         ~a~nd Sax~ifrag~e opposit~if~o~ql~ia. ~7~1his area can be         sulfur bacteria. T~@~is system may support a
                  biome ~is characterized by ~a~qbu~nc~qla~qa eve~,-~qJy           divided into two main s~u~q@di~v~i~sion~s:                    considerable population of ~&as~tropod~s.
                  distributed rainfall. moder:te ternper~atu~r       ~'es   1. Low ~qTurd~r~a: characterized by a thick..            bivalves, a~nd~'polychaetes~,     and may serve as
                  which exhibit a distinct se s~a~ra~l~l pattern,          spongy mat of living a~nd under-ayed                    a feeding area for a variety of fi;h ~a~nd
                  we~l-d~eve~ql~oped soil b~iot~a and herb and ~-h~rub         ve~a~g~e~!at~ion~. often w~it~l~q@ water ~a~nd dotted with         wading birds. In sand. the dominant ~qLauna
                  layers. and numerous plan' ~a which produce           ponds when not fr~ozer~.; and                            include the wedge shell Donax. the SC3~q11~o~p
                  ~pu~py ~-~'ru~lts and ~nu~l~s. A distant ~sub-~i~qi~v~ision of      2. High Tundra~: a b~z~!~re area except for a            Pecten. tell~qin shells Tel~l~;~na~. the heart urchin
                  Liss b~'~i~a~rie is ~U~qh~:~! pine edaphic forest ~8qe the       s~can~ly ~g~i~row~th of lichens and grasses, w~i!~.~qh           Echinoca~r~qd~i~a~q= the lug worm Are~r~tic~ola, sand
                  s~~~the~i~s~t~er~n co~ist~d~q] ~qF~ql~a~@n. in which only a          un~qderl~q@~ln~qg ice wedges forming raised                   dollar De~ndrast~er, and the sea pansy Re~n~illa.
                  mail por~-~,~;~.~,~-~n ~c~qf the area is occupied by           pc~ql~qy~qg~on~a~ql areas.                                       ~qL~i mud. faunal dominants adapted to low
                  ~2qc
                  I  ~X
                  ~216q2m.    ~e~g~et~a~t~i~G~n~, a~l~qho~u~gh it h~-~-s large areas          E Co~as~t~a~q!           This ecosystem i~s an             cxy~qg~an levels include the tere~qbell~-~id
                  covered by ed~-~a~ph~ic climax pines.                    important nesting site for many sea and shore          Amphitrite. the boring clam Playdon~. the
                  4. B~r~l~o~cd~-l~eav~ed E~r~e~r~qgr~ven Subtropical               birds. It consists of communities of                   deep sea scallop ~qI'~qL~acopect~en~. the quahog
                  Forest Bi~a~qmes. The main characteristic of this       h,rbaceaou~s, ~qgrami~noid. or low woody plants            Mercenaria. the ech~i~u~r~id worm Urechis~, the
                  biome i~s h~i~qsh moisture with less pronounced          (shrubs, heath. etc.) on the top or along rocky        mud snail Na~ssarius, and the sea cucumber
                  differences between winter and summer.               faces exposed to salt spray. There is a                Thy~ane.
                  Examples are the hammocks ofF~qlorida and              diversity of pla~rl species including mosses,              F. ~qIn~te~r~q6~qd~a~ql Algal Be~qd~q@~r T'hes~e are hard
                  the live oak forests of ~t~qhe Gulf and South           lic~qhc~r~3, l~qiverwort~s~. and ~'~8qU~;h~qa" plant                  substrates along the mar~t~i~qm edge that are
                  Atlantic coast3. floral dominants include            representatives.                                       dominated by macroscopic algae. usually
                  pines, m~ag~no~ql~las. bays. ~qhollie~s, wild                Group ~qU~q-T~.~-~aas~it~qk~a Areas                               ~thalloid. but also ~qf~qi~qll~-~"~P~a~t~ou~s or 2~u~r~i-~l~lu~qla~r in
                  tamarind. strangler fig. gumbo limbo, and                                                                   growth form. This also includes the rocky
                  palms.                                                 A. Coast~a~ql~A~l~a~r~s~qhes: These are wetla~nd                coast t~qidep~ool~s that fall within the ~i~n~qur~tid~al
                  B. Coast ~qS~qh~r~ub~ql~and~qs: 7~q1~i~qls is a trans~i t~io~nal        areas dominated by grasses Po~ecea). sedges             zone. Dominant fauna of these areas are ~-
                  area between the coastal grasslands and              (Cyperaceae), rushes ~qUu~n~r~m~c~eae~q@ cattails               barnacles. mussels, per~qiwi~n~qk~4qk~a. ~a~n~p~qm~qo~n~s~s           ~,
                  woodlands and ;~a ch ~aracterized by woody             ~q(Typ~qhaceae~qL and other ~qgr~ami~noid species                and chitons. Three regions     an apparent* ~'.~'                 I
                  species -with multiple stems a few centimeters       and is subject to periodic flooding by either             1. Northern latitude ~qR~ac~qky Shares.- It is i~i~.
                  to several meters above the ground                   salt ~or freshwater. This ecosystem may be              &,is region that the community structure is
                  developing under the influence of salt spray         subdivided into- (a) Tidal, which ~i~s                   best developed. The dominant ~alp~qf species
                  and occasional sand burial~. This includes            periodically flooded by ei~q&er salt or brackish         include Chondru~s at the low tide level, ~qFu~c~cs
                  th!~ket~s~. sc~xub, scrub savanna. h~eat~qhlands,          water, (b) non-tidal (freshwater); or ~q(c) tidal        and A~sc~iophyt~qhu~n at ~4q&~e ~qm~qi~qd~-t~idal level, and
                  and coastal chaparral. There ~I~a a great -            freshwater. These are es~sen~"~al habitats for            L~an~y~in~i~n~i~n and other ~k~p~q4~qdil~r~e ~s~qi~qg~g~i~n just
                  variety of shrubland vegetation exhibiting           many important estuarine ~ep~'~qeci~v~e of fish and          beyond the ~qi~n~te~r~q6dal. although they can be'
                  regional specificity.                                invertebrates as well as shorebirds and                ~qpx~po~s~ed at ~ex~L-e~r~oely ~qiow tides or    ~-~qfou~a~qd in
                  1. Northern Areas. ~8qO~qwract~e~riz~e~qd ~qby                   waterfowl and serves important ~r~a~ql~es in                very deep ~tidepoo~qls. ~1p~               ~.~4 ~~.~.- ~,  ~:-           I
                  Hud3on~qia~. various er~qi~-~n~ace~c~u~s species~, ~qa~nd           shore ~stabiliza~tion~qflood co~ntro~qt water                    2~. S~o~u~Lh~e~z~n ~L~o~L~aud~e~s. The ~r~q-m-n~i ties in
                                                                            ~I~ca~ti~o~n. and nutrient transport and
                  thickets of My~r~ica~, Pr~u~n~u~s~.~'~a~n~qd Ron                  purT                                                   this region are red~qw~Ad ~qi~0qk~p~q=~q@~q4~2q@ Ia.
                  2. Southeast A~qma~qi~. Floral dom~qi~n~an~i~s ~qi~i~i~q0~t~id~e         storage.                                               those of-the northern latitudes and possesses
                  ~k~yr~ica~. ~qBacchari~s. and ~qne~j~L~                          ~qB. Coastal ~qsw~am~qp~s~.~- ~qI~ql~ese are wet low~qla~ad            algae ~c~o~q@~si~s~qdn~qi~qm~q6~s~t~q1~qy~'~.~8qWs~1~n~qg~qI~e~_~1~Ce~qUed or
                  3.~ Western Areas: A~A ~n~n~s~t~ama                        areas that support mosses and shrubs                   filamentous Veen. ~8qW~u~qi~qj~r~qf~qtn~, and red algae.
                  A~r~cotyphylo~s. and Eucalyptus am I ~2qU                  together with ~q)~ar~qg~s trees such ~a~qi ~qi~q@pre~s~3 or           and ~Sl~u~all t~qhal~ql~o~id b~r~qiw~a~qi~l~qi~qg~qie.
                  dominant floral ~s~qp~i
                                      ec~qi~e~s.~.                          gum.                                                      3. ~qr~qm~8q*ca~ql and ~4qa~8q"~b~i~6q6~c~o~qi Latitude~& ~se
                                                                         C. Coastal Mangroves This eo~o~ay~r~qw~qm
                  C. Coastal ~4qC~qm~ss~qA:m~2qA~- T~qh~qis ~&~qm~e. which                                                                        intertidal in this r~e~qg~qi~c~in ~qi~s~v~ery~a~r~0qW~ac~e~qd ~qmd
                  possesses sand dunes and coastal ~ql~qla~0qW ~qb~a~n            experiences regular flooding on either a daily,        contains numerous ~c~a~qi~c~a~r~e~o~u~s~1p~p~2p~~le such as
                  low rainfall ~q(~qW to ~3~0 inch" per                      monthly~, or seasonal basis, has low wave               Porolit~qh~o~n and L~i~th~Gt~qI~mu~e~a~ql~qma~s wall as ~
                                                   yea] and            action~, ~and is dominated by a variety of salt-         green algae with calcareous particles such a
                  large amounts of humus in the soil. F~qx~o~ql~4q*~c~2qW          tolerant trees. such as the red ma~n~qar~o~v~qe               Hal~ime~qda~, and ~n~u~qm~a~r~ous~i~q6~8qf~8qf~8qi~er green. red.
                  succession ~i~s Am~-~, re~su~qlt~u~:~8qV In the presence
                                                                       ~q(Rh~i~z~arp~qho~ra mangle). black ma~n~0qp~ove                    andbrow~n~al~q8ae
                  of a number of ~s~e~-~nal stages ~a~q( community            (A~vicen~ni~a n~i tida~q). ~p~nd the white ~R~L~N-~qW~q@~w
                  development. Dorni~nan~i~v~e~8qWa~U~q6~q6 Includes                                                                      Croup ~8qM~q-~qSub~q,~q;~q;~qj~q;~6q1 ~qb~8qr~qZ~2q=~s
                  mid-grasses (2 to 4 feet ~tal~ql~q@ such as               (I~agunc~ru~qla~ria racemo~sa). It is also an
                                                                       Important habitat for large pop~l~ulat~ion~s of               A. su~qb~qad~qal Har~qd~qbott~ams: This system is
                  A~~mophil~la. Agropyron. and C~alam~ov~ilfa~. tell        fish. invertebrates. and birds. This type of           characterized by a co~n~qn~ql~i~qdated layer of solid
                  grasses ~q1~5 to 8 feet tall), such as Sp~a~rt~qi~n~e~. and    ecosystem can be found from ~r~. ~i &I Florida            rock or la~i~0qv pieces of rock (neither of biotic
                  trees such as the willow (S~e~ql~qix ~0qW~qL ~8qd~qw~er),            to ex~tr~emj~e south Texas to the islands of the          Origin~q) and is found in association with
                  (Prunu~qs sp.~q1 and cottonwood ~4qR~qb~4qp~qu~qh~qw                   Western Pacific.                                       ~0qgeomorpholo~0qg~0qical features ~qs~qu~08qa as submarine
                  delt~qo~qld~qes)~q. This area Is divided Into four             D. In~qt~qartidal Beaches. This ~qec~qa~qf~qf~qy~qs~qt~qa~q-~8qM has          canyons and fjord~qs.and Is ~qa~qsual~4qly covered
                  regime with the following ~44q"~0q@~8q@~4qa~6qj strand               a distinct biota of microscopic an~qi~6q=~8q1~q5~q,                with assemblages ~4q9~8qf ~qsp~qonges~q.-sea fans,
                  vegetation~q:                                          bacteria. and unicellular algae along with             bivai~q%~qres. hard ~qc~qar~8qals. t~qurLicat~qe~qs~q. and other
                  1. A~qr~qc~qf~qi~qc~8q/Bo~qir~qea~8ql~q: Elymu~qs;                           microscopic crustaceans, mollusks~q. and                 attached organisms~q. A ~q#~24q*~04qf~04qf~04qi~qca~qnt fe~qstu~2qm ~qof
                  ~Z Northeast/West; A~2qmmopbila.                         worms with a detritus-ba~qsed nutrient cycle.            estuaries in many pads ~qOf4h~qe ~8qw~6qw~04qM Is ~qt~0qh~qe
                  3. Southeast/Cu~4ql~0qf: Uniola; and                       This area also includes t~4qh~qe driftline                  oyster ~qr~qe~20q4 a type of x~qa~0qh~08q&~08qW ~8qb~4qi~qrdbot~qt~qo~2qm
                  4. ~N~qf~qid~q-A~qtlanti~qc/Cul~0qf Sparti~qna patens.               communities found at high tide levels on the           Composed of assemblages of ~qor~qg~qa~qn~qis~qu~qi~6qs
                  D. Coa~qs~qia~0ql T~4qa~qnd~qi~qtr This ~qe~qc~qo~qs~qly~qstem. which            beach. The dominant organisms In this                  (usually bivalves), It ~ql~qa,~qu~qs~qu~qa~4qU~qY ~4qh~qx~6qm~0qd near an
                  is found along the Arctic and Boreal ~qoc~ql~2qut~qs of       ecosystem include cr~qU~qi~qltaceans such as the             estuary's mouth in a zone of moderate wave
                  North America. is char~qac~qt-~qf~qir~qed by low               mole crab (Emerita)~q. amphipod~qs ~q'                       action. salt content and turbidity. If ~8ql~0qi~36qOt
                  temperatures~q. a shaft Snowing season and             ~0q(Gammaridae), Shoot crabs (Ocy~0qpo~8qde), and               levels are sufficient's covering of ~.~q--
                  some permafrost~q. Producing a low. tr~2qwles~qs            bivalve molluscs such as the c~qoquin~qs               ~4qf~32qb~qo:~4qnax~0q] microscopic and attached ~qn~qu~qwro~qscc~q1~q)~qlc~q.~qa~4q1~q8~qae~q.
                  mat community made up of~6qm~qo~qs~qa~8qf~8qt lichen&               and surf clams (Spisula and Mactra).                   such as kelp, may also be found.
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                                          Federal Register / Vol. ~5~5~ No. 141 / Monday. July 23, 1990                                    Rules and Regulations                           29961

                           B~, Subtid~al ~qSo~qf~qtb~o~tt~o~i~rs: Major                      sea and without significant freshwater                   barrier islands, broken at intervals by inlets.
                         characteristics of t~ql~@~is ecosystem are an              i~r~iflow. Water circulation is limited. resulting         These bars may be either deposited offshore
                         ~qw~nconsolid~a~ted layer of fine particles of silt.        ~L~n a poorly flushed. relatively stagnant body            or may be coastal dunes that have become
                         sand. clay. and gravel, high h~,6 ~1~qdro~gen sulfide       cf water. Sedimentation is rapid with a great            isolated by recent sea level rises.
                         level,, ~a~r~idanaerc~qli~c cod~i~l~io~m, often                  potential for basin shoaling. Shores are often           4. Tectonic Estuary: These are coastal
                         e~x~@s~t~i~n~g below the surface. Ma~c~rophy~te~s are            gently sloping and marshy.                               indentures that have formed ~t~qh~cu~@h tectonic
                           ~qZ                                                                                                                                                 ~0
                         e~i~, A, er sparse or absent~. although a layer of          7. Perched Coc~s~!~c~ql W~et2~c~,-~7~qd~s: Unique to               processes such as sl~ippa~;e along a fault line
                         ~be~n~!~@:c m~icro~al~gae ~may be present if light             Pac~i~E~,~.~- islands. th~@~is w~e~qland ~tvpe, found               (San Francisco B~ay), fo~l~d~:~n~S~, or movement of
                         le~-~, e~ls a~r~a ~su~@~f~'cie~n~t. The faunal community is       above sea level in volcanic crater re~m-na~n~t~3~,            ~&~.e earth's bedrock. often ~%~%~r~l~th a large i.~!-~qflow
                         ~d~orni~n~a~ted ~qbv a diverse population of deposit          forms as a result of poor drainage                       of freshwater.
                         ~,~ee~d~e~rs inc~qh~ud~in~g pc~qlychaet~es, bivalves, and           ~characterist~Ic~s ~of ~t~he crater rather than from           ~5. Volcanic Estuary These coastal bc~d~Je~s
                         ~qb~-~.~;~.~-owi~-~,g crustaceans.                              sedimentation. Floral assemblages exhibit                of open water. a res~i~ql~t of volcanic pr~oc~es'~e~s.
                         ~- C~. S~ub~i~qda~ql P~,~.-~:~7ts: T~qh~;s system ~is found ~Ln         d~i~st~4r~ict z~ona~t~;on w~qh~:~l~e the faunal ~.                    ~a~re depressions or craters that have ~qdi~re~5~c~s~t
                         relatively shallow water (less ~Lhan 8 to ~1~0            cc~ns~t~i~lue~nts may inc~l~.;de freshwater.                    and/or subsurface connections w~it~q@~i ~L~he
                         meters) below mean low tide. It is an area of          brackish. and/or marine species. Example;                ocean and may or may not have ~s~'~4q@`~qf~-ce
                         e~x~*~a~t~me~lv high p~rir~n~a~ry production that                A~u~nu~'u Island, Ame~dc~an Sar-oa~.                           c~o~n~t-~i~nuity with streams. These forma ~tio~n~s
                         po~vides~"foo~ql and refuge for a d~iv~~.rsi~ty of              8. A~nc~h~i~a~qh~ne Systems: These small coastal              ~re ~u
                         f~a~-~unal groups, especially juvenile and adult          e~@~@posu~r~es of brackish water form in lava                a, ~n~ique to island areas of volcanic origin.
                         ~qr~l~s~q@. and in some regions, manatees and sea            depressions or elevated fossil reefs. have               ~. C. Inlet Type: Inlets in various forms are an
                                                                                                                                         L~r~i ~.
                         ~t~ur~@les~. Along the North Atlantic and Pacific          only a subsurface connection to ~t~qhe ocean.               l~e~g~ral part ~a~,~' the estuarine en~v~i~rc~r~u~ne~nt. as
                         coasts, the seagrass Zos~tera marina                    but show tidal fluctuations. Differing from              they regulate. to a certain extent. the velocity
                         predominates. In the South Atlantic and Gulf           true estuaries in having no surface continuity           and magnitude of tidal exchange, t~qhe degree
                         coast areas, Thalass~ia and Dipla~r~thera                 with streams or ocean. ~th~is system is                    of ~m~L~xing, and volume of discharge to the sea.
                         predominate. The grasses in both areas                 characterized by a distinct biotic community             There are four major types of inlets:
                         support a number of epiphytic organisms.               dominated by benthic algae such a~s                       1. Unrestricted. An estuary with a wide
                         Class ~q1~q1~q-Ph                                            Rh~izoclon~ium, ~q&~,~a mineral encrusting                     unrestricted inlet typically has slow currents,
                                      ~qysical C~qhar~acteri~s~tc~s                     ~qSchlzoth~rix~. and the vascular plant Ruppia               no significant turbulence, ~a~nd receive the full
                         Group ~q1~-~--Ceologic                                                                                              ffect of ocean waves and local disturbances
                           A. Basin Type. Coastal water basins occur            maritima. Characteristic fauna. which exhibit            e~4q@~rhich serve to modify the shoreline. These
                         in a variety of shapes. sizes, depths, and             a high degree of endemicity. include the                 estuaries am partially mixed. as the open
                                                                                mol.lusks T~qhe~cdoxu~s ne~glectu~3and T.
                         appearances. The eight basic types discussed           cariosus, the small red shrimp Metabe~taeus               mouth permits the incursion of marine waters
                         below will cover most of the cases:                    lohe~na and ~qfialocaridi~na rubra. and the fish             to considerable distances upstream.
                           I. Exposed Coast. Solid rock formations or           Eleotris san~qdwicensi~s and ~qKuh~qlia                         depending on the tidal amplitude and stream
                         heavy sand deposits characterize exposed               ~sandvicensus~. Although found throughout the              gradient.
                         ocean shore fronts. which are subject to the           world, the high islands of the Pacific are the           ~2. ~qRes~tr~ic~te& Restrictions of estuaries can
                         full force of ocean storms. The sand beaches           only areas within the U.S. where this system             xist in many forms: bars. barrier islands.
                                                                                                                                         ell
                         are very resilient although the dunes lying                                                                     ~s~pi~qM sills, and more. Restricted inlets result
                                                                                can be found.
                         just behind the beaches are fragile and easily           B. Basin Structure.- 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 shorefro~nt.                                                                                               the estuary mouth is restricted by
                           2~. She~qf~qte~red Coast- Sand or coral barrie~qm            glacial valley (fjord), the occurrence of an             depositional features or ~qla~ndC~qI03ures.~the
                                                 .es.~'provide sheltered         offshore barrier (b~ar-,bounded estuary), some            incoming tide may be held back until it
                         bu~qUt up~f by n:tural forr                               tectonic process (tectonic estuary). or
                         areas inside b~a~r or reef where the                     volcanic activity (volcanic estuary).                    suddenly breaks forth into the basin as a
                         ecosystem takes on many characteristics of               ~1. Coastal plains estuary. Where a,.:                  tidal wive, ~qor bore. Such currents exert
                         confined wa~qters~q-abunda~qnt ~qm~a~r~i~n. g~qm~ses,                                                                          profound ~qi~8qf~8qfect~s an the nature of the
                         shellfish. and ~qjuvea~qf~qle fish. Wat~qir movement           drowned valley consists mainly-of a single               substrate. ~qiurbid~i~t~qi~,~_ a~qnd blota of ~t~qhe~*estua~r~*y.
                         ~q13~reduced. with the ~Eon~seque~nt effects of              ~c~qh-nnel. the form of the basin is fairly
                                                                                           ~r~m~t~n                                          ~& P~e~r~qma~nen~k Permanent inlets are usually
                         pollution being ~qm~q6~r~e~s~qi~qvere ~qI~n this a~r~va~qi than          regular, fo I     ~qi simple ~C~q@~qist~a~ql plains , ~@
                         ~in exposed coastal areas.                              ~estua~0qg~. When a channel is flooded with                   ~0~q]~q@pc~q@~ql~te the m~q6~qu~qt~qh~qi~q;~qf major rivers and
                                                                                numerous tributaries, an irregula~qi estuary               pe~qf~qini~t riv~qe~q@~i~qWa~ter 1~q6 flow into the sea..'
                           3, Bar. Bays are larger confined bodies of                                                                                                         M~I~M
                         water that are open to the s~qea and receive             results. Man~qy~e~~st~uarie~s of the ea~8q6te m"~"U~ni~t~ed          Sed~qimen~tat~qi~q6~q@ ~qan~qa~qd~qe~q@osit~qlo~n are                 all~.
                         strong tidal flow. When ~stratif~qic~atio~4 is              States are of this type.                                 A. ~qTemp~o~r~a~t~4qi~qt~4qM~i~a~r~qM~qit~t~e~n~f~q). Te       mporary
                         pronounced, the Hushing action is augmented              2~. Fjord- Estuaries that fo     in elo~n~qgate~2q4           ~qi~nlet~s~.~qi~qm formed by storms and frequently
                                                                                                              ~rm
                         by river discharge. Bays vary in size and in           steep headlands that alternate with deep U-              shift position. de~qpe~nd~qi~qr~qi~qg on* tidal Dow, the
                         type of shore~qfro~nt.                               ~ I  shaped valleys resulting from glacial ~sc~our~qi~r~l~qg          depth of the sea and sound waters, the
                           4. Em~qb~oymen~t A confined coastal water                are called fjords. They generally possess                frequency of storms, and the amount of
                         body with narrow~.~r~q6str~qic~t~qid inlets and with            rocky floors or very thin veneers of sediment~.           litt~Or~al transport.
                         a ~s~i~g~r~d~qf~qic~ant freshwater ~I~n~qDow, ca~*~n be                with deposition' generally being restricted to           D. Bottom C~o~qn~0q@s~qlti~o~j~v~*~qthe bottom
                         classified as an embay~qme~n~t. ~qI~q%e~se areas                the head where the main river enters.                    composition of estuaries attests to the
                         have more restricted inlets than bays, are             Compared to total fjord volume~. river                    vigorous, rapid. and complex sedimentation
                         usually smaller and ~sh~qA~qll~ower~. have l~o~qw tidal          discharge is small. But many fiords have                 pr~ocesse3ch~aracteristic of most coastal
                         action. and are subject to~'~qiedime~ntation.              restricted tidal ranges at their mouths. due to          regions with low relief. Sediments are
                           ~S. Tidal River~q- Ile lower reach of a coastal         ~qs~;~qlls. or upreaching sections of the bottom              derived through the hydrologic processes of
                         ~qr~qiveri3~qreferred to as ~4qi tidal river. ~4qT~4qhe               which limit free movement of water, often                ~qe~6qmi~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 stream.
                         or estuary into which the river discharges to          tidal prism. The deepest port~qio~qn3are in -the             ~q2. Sand: Near estuary mouths, where the
                         a point as far upstream as there is significant        upstream reaches. where maximum depths                   predominating forces of the sea build spits o~0qr
                         salt content in the water, forming a salt front.       can range from ~qS~8qW m to 1200 m. while sill                other depositional feah~qLre~qs~q. the shores and
                         A combination of tidal action and freshwater           depths usually range from 40 m to 1~q50 m.                 substrates of the estuary are sandy. ~08qne
                         outflow makes tidal rivers weI~0ql~q-~0qf~0qlushed. The             3. Bar-bounded Estuary.- These result from             bottom sediments in this area are usually
                         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 islands.            particles in the head of the estuary. ~0qI~qn the
                         e~8qmbayments marsh~0qfronts, tidal flats. and a             ~2qmef formations, a line of moraine debris, or-'-          head region and other zones of reduced flow,
                         variety of others.                                     the subsiding remnant3of a deltaic lobe. The             fine silty sands an deposited. Sand
                           ~qS. Lagoon: Lagoons are con~0qf~0qlned coastal              basin is often partially exposed at low tide             deposition occurs only in wider or deeper
                         bodies of water with restricted Wets t~qo the            and is enclosed by a chain of offshore ba~qr3or            regions where velocity ~q13redu~qced.
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                                        Fe~d~r~~l Register / Vol.               55, No. 141 / Monday, July 23, ~1~9~qM / Rules and Regu~la~Lion~

                          Mu& At the base level of a stream near                freshwater influx and a lack of Mons tidal                 respect to the soil, is subject to considerable
                     its mouth. the bottom is typically composed                exchange because of the typically narrow                   fluctuation.
                     of loose ~T~nud~s, silt and organic detr~itus as a             inlet ~c~qm~qme~ctin~g the lagoon to the sea.                         b. G~r~o~tm~a~lw~a~te~r This is we ~t r contained in
                     result of erosion and transport from ~t~qhe upper             Circ~u~qlat~qk~x~L whose major driving force is                   the rocks below the water table. is usually of
                     stream reaches and organic d~ec~o~qm~p~o~d~i~t~ion.                  wind. is t~qhe major limiting factor in biological           mor~s uniform volume than v~adose water, and
                     just inside the estuary en~tr~ance~, the bottom               productivity within lagoons.                               generally follows the topographic relief of the
                     contains considerable quantities of sand and                 B. Tides. This is the most important                     land. being high below hills and sloping into
                     mud. which support a rich fauna. Mud flats.                ecological factor in an estuary, as it affects             valleys.
                     comm~a~n.~q1y built up in estuarine basins. are                water exchange and its vertical range
                     composed of loose, coarse, and fine mud and                determines the extent of tidal flats which                 Group ~4qM~q-C~qhemic~al
                     sand. often dividing the original cha~n~n~e..                 may be exposed and submerged with each                         A. Salinity- This reflects a complex mixture
                       3. Ro~c~ql~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                  distribution and maintenance of many
                     derived from the higher elevations where the               according to estuary structure as well as the              estuarine ~ar~qg~a~nism~s Based on salinity. there
                     stream slope is greater. The larger fragments                                                                                      sic         ~J~2
                                                                                magnitude of river flow and tidal range. Tides             are two b~e       estuar; ~a 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              a of per ~thou~sand-~-pp~t).
                       4~. Oyster shell: Throughout a major portion              States, tide height is reckoned on the b~e is                   1. Positive e~stu~ar~qr. This is an estuary in
                     of the world, the oyster reef is one of the                average ~ql~ow tide, which is referred to as              ~'       hich the freshwater influx is sufficient to
                     most significant features of e~atuaries~. usually            dat~ta~qm Ile tides, although complex. falls into             maintain mixing~, resulting in a pattern of
                     being found near the mouth of the estuary in               three main categories:                   change ~qIn         increasing salinity toward the estuary mouth~.
                     a zone of moderate wave action. salt content.                ~1. Diurnal: This refers to a daily                       It is characterized by low oxygen
                     and turbidity. It Is often a major factor in               water ~8qk~%~%~q4 that ~c~a~n be observed along the
                     ~mo~qd~lf~q@yin~qg e~s~tuar~qime current systems and                   shoreline. There Is one high tide and one low              concentration In the deeper w~at~er~e and
                     sedimentation. and may occur " an                          tide per day.                                              considerable organic content in bottom
                     elongated island or peninsula oriented across                ~q2~. ~qs~e~n~t~qi~qd~qiu~r~n~a~ql~-   This refers to a t~w               ~qd~@~1~q1~q7 sediments.
                     the main ~curT~ent. or may develop parallel to               rise and ~2qU~qR ~qi~n water that can be observed                      ~0qL Negative e~stuar~0qr. This Is found In
                     the direction of the ~em~m~ent.                               along the s~qhore~qh~qm                                          ~qp~qa~qd~cu~ql~qm~qi~qy a~nd ~re~qg~qi~o~x~w~6 when estuary
                     Croup ~q1~q7-Hydro~qgraph~qic               ~1                        3. w~qi~n~qd~ql~qS~to~n~v rider. This refers to                      evaporation may exceed freshwater Inflow,
                       A. C~qi~qmu~ql~4qWa~qw Circulation patterns am the                  ~qf~ql~uct~u~a~4qf~4qt~qm In w~a~ler elevation to wind and                  resulting ~qi~n ~qi~n~icr~ea~s~ed salinity In t~qh~e ~appe.
                     result of the combined influences of                       storm events, when Influence of lunar tides                part of t~qh~e basis. especially if t~qh~e estuary
                     freshwater flow, tidal action. wind and                    is less.                                                   mouth is re~str~qic~qi~ed ~so that Mal flow In
                     o~c~e~e~0qWc forces, ~qm~8qW ~*~a~qm many functions:                        C. P~qr~e~s~qhw~a~f~e~r According to nearly ~a~qg t~qh~e                 inhibited. These are typ~qk~a~qRy ~Y~4qM salty
                     nutrient transport plankton di~spers~a~qL                      definitions advanced~. it is inherent that an               ~q(~qh~qy~qper~qha~ql~qh~4qW~, moderately oxygenated at
                     ecosystem flushing. salinity control, water                ~e~qMar~qles need freshwater. w~8qWch is drained                   depth. and possess b~ut!          sediments that are
                     mix~qi~n~q& and more.                                           from the land and measurably dilutes                       poor In organic content.
                       1. S~t~r~u~Li~2qf~2qied~- This is typical of estuaries              seawater to create a brackish condition.                       ~& ~qS~a~ql~8qwy zones ~q[exp~t~e~qmed in Ap~q4~qt
                     with a strong freshwater i~sd1~ax and is                     Freshwater ~qi~ente~r~s an estuary " runoff from                    a. Hyperhall~u~e~-
                                                                                                                                                                 .greater ~qt~han 40 ppL
                     ~!ommonly found in bays formed from                         the land either from a surface ~and~ql~qm                           b. ~qEuh~al~qlne - ~4 ppt to 30 ppL ~
                     drowned" river valleys. ~qn~ord~a~. and other                   subsurface source.                                             ~c~.~@~4qM~x~o~qh~al~qln~qw ~3~0 ~qp~qpt to ~0~.~3 ~qP~qF~L ...
                     deep ba~si~q" Then is a net movement of                       ~@~-~L Sw~qf~a~qw water T~qld~s~'~ql~s water ~qS~owt~ng ~o~qm                        ~q(~1~q) lax     ~2qW~qk~qw-~qgreat~er ~lhaz~qi~q3         ~'~qD pp~t but
                     fres~qb~ura~t~qa outward at the top layer and                    the ~qw~o~uz~i~qil~qf~n~'~lhe~@ form ~of stream~L~ql~a~0qW                      less than the a~qd~2q*~qe~nt ~s~u~qba~ql~qi~n~s ~a~qm
                     saltwater at the bottom ~ql~a~qy~e~z~. ~qie~qs~qi~i~8q@~qin a                  variation ~qf~R ~qY~qE~Zr~o~2qf~2qf Is ~qd~e~qpe~nde~st ~qj~qi~qf~qm~-~,~2q&~w~@                    (2) ~qPo~ql~qy~qbal~ql~n~e~q-~qW Apt to ~1~8~q"~L
                                                                                                ~ ~- ---
                     net outward transport of surface ~=~q~qga~ni~am~a                 nature of~4~qh~e
                                                                                                                                       ~t
                     and net ~qi~nw~e~p~qd ~tra~qmp~ort ~o~qf bottom                          degree ~c ~qi~8qH~qn~8qA~j~a~-~C~1~qi~q1 ~6q=~-~,~-~q4e~qg~e~ql~2q@~qa~qI~l~yp~qi~a~nd                       (4) O~ql~ql~8qph~a~qf~qt~n~q" pp~t to ~O~J ~qP~P~L
                     ~r~gan~ism~&                                                           ~2qm~qi~t~qn~qt India
                                                                                develop                       tic ~ci~o~qo~6q@ and                    d. L~qim~ee~tic: ~qI~qm~e than ~0~q4 pp~L
                       2~. ~qA~qb~n-sf~r~at~i~q)~T~Ied~- ~qEs ~~h~u~i~qii~qe~.~aIof this ~q4~4q" an                    ~qi~n~qi~qf~qf~q]~, I ~, If ~r~q@~qA ~- ~-~4qa~0qp~qb~2qf~2qt~6qs~qi~q@                     ~2qAL ~-pH ~8qS~es~qh~o~qw ~q7~qi~qd~s Is ~qi~mdic~ativ~e of th~s
                                                                                                            pre
                     found when water movement Is sluggish and                                              Th~qis~qr~ef~e~qi~s~l~ot~qb~qa~'               mineral richness of a-awns w~a~qf~qt~a~t and fell
                     flushing rate Is low, ~qaltho~qa~6qO there maybe                         ~qFI~8qA~, i t~6qWh~qis~,                                   b~6q0h~e Into d~u~qa~a ~qi~m~aln~2qS~t~s~q6~o~qd~qi~s~qi
                     sufficient ~c~1~r~cu~qla~t~io~n~to~qp~r~ov~id~e'~qthel~qm~qis for               soil and stored b~qe~ql~o~v~qi                                         1. Aoki: waters with a pH of less ~qt~han ~qU~.
                     a high carrying capacity. This is common to                distribution of subsur~qfac~i~qi~'w~a~ter depends an'-             ~e- 2~. C~qk~c~g~u~qmeutra~qk A condition where ~T~qhe ~qpH
                     ~:
                     hallow emb~ayments and bays lacking a                       local c~qa~qm~a~t~e~. topography. and the porosity                 ranges from 5.5-to 7.4.
                     ~shwater from land                         and I          ~ql~qh~t~qy of the underlying sods ~qa~nd                 3. A~qlka~ql~qhw~. Waters ~v~qAt~qli a PH ~2q*~1~6~te~r ~th~im
                     drainage.                                                  rocks. There are two main subtypes of                      7.4.
                       3. La~qgoon~a~ql. An estuary of this                      IIa surface water ~,    ~. ~.    ..I-                         ~: ~1p~p~p~2p~p~                                                                                                                w~st        t~qh ~- ~qj~o~qH        ~q[FR Doc. ~0qW~- I PH               ~20-~4qf~4qt ~6qW am
                                                                                                             Is     ~O~r~-~qi~qn
                                                                                  ~i~L                  ~-                                ~a                 ~.~1~qW ~1 ed7
                     characterized by low rates of water                             . ~qb~i~qT~a~s~e w~a~f~,~q@~.
                     movement resulting from a Ina of ~s~qi~s~u~qffi~cant               ab~o~v~qi ~2q%~a weer table. ~I~ts volume w~8qf~8qt                        ~D~q"~qM ~qW~qM ~qN~X-4~04~1
 



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                                                Appendix D



                                  Biogeographic Classification and Typology


            Biogeographic Classification

            Carolinian Region
                   6. Northern Carolinas

            Typology

            Class I - Ecosystem Types

                   Group I - Shorelands
                         A. Maritime Forest-Woodland
                                3. Temperate Deciduous Forest Biome
                         B. Coast Shrublands
                                2. Southeast Areas
                         C. Coastal Grasslands
                                3. Southeast/Gulf

                   Groups 11
                         A. Coastal Marshes
                         D. Intertidal Beaches
                         E. Interticlal Mud and Sand Flats
                         F. Interticlal Algal Beds

                   Group 111.
                         A. Subtidal Hardbottoms
                         B. Subtidal Softbottoms
                         C. Subtidal Plants


            Class 11


                   Group I - Geologic
                         A. Basin
                                2. Sheltered Coast
                                3. Bay
                                5. Tidal River
                         B. Basin Structure






                                                      D-1









                                  I. Coastal plains estuary
                                  3. Bar-bounded estuary

                           C. Inlet Type
                                  2. Restricted
                                  3. Permanent
                           D. Bottom Composition
                                  1. Sand
                                  2. Mud
                                  4. Oyster shell

                    Group 11 - Hydrographic
                           A. Circulation
                                  2. Non-stratified
                           B. Tides
                                  2. Semidiurnal
                           C. Freshwater
                                  1. Surface water
                                  2. Subsurface water

                    Group III
                           A. Salinity
                                  1. Positive Estuary
                                  3. Salinity Zones
                                        c. Mixohaline
                                               (1) Mixoeuhaline
                                               (2) Polyhaline
                           B. pH Regime
                                  2. Circumneutral

























                                                  D-2




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  I                                     Species List
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                                                       Appendix E


                                                      Species List


                     Over the past 25 years, extensive work on the -systematics of the biota of the
              NI/WB NERR has been carried out, resulting in a number of papers published in various
              scientific journal. In addition, lists and description of the biota are to be found in the
              books listed below. Because of the extensive number of species found in this site, we
              have not listed them here but refer you to these references.


              An Annotated Checklist of the Biota of the Coastal Zone of South Carolina by Richard G.
              Zingmark. 1978. 364 pp. University of South Carolina Press, Columbia.

              Seashore Animals of the Southeast by Edward E. Ruppert and Richard S. Fox. 1988.
              429 pp. University of South Carolina Press, Columbia.

              Shallow-Water Maiine Benthic Macroinvertebrates of South Carolina:                     Species
              Identification, Community Composition and Symbiotic Associations by Richard S. Fox and
              Edward E. Ruppert. 1985. 330 pp. University of South Carolina Press, Columbia.

              The following is a list of the number of species in the major taxonomic categories.

              TAXONOMIC GROUPING                                        NUMBER OF SPECIES

              Mammals (including marine)                                         74
              Phytoplankton                                                     832
              Benthic Marine Algae                                              358
              Marine Fungi                                                       14
              Vascular Plants                                                   1494
              Saltmarsh Vascular Plants                                          66
              Porifera                                                           26
              Cniclaria                                                         123
              Ctenophora                                                            5
              Rhynchocoela                                                       15
              Gastrotricha                                                       26
              Kinorhynca                                                            5
              Nematoda                                                          139
              Polychaeta                                                        279
              Hirudinea                                                          23
              Marine Mollusks                                                   385
              Chelicerata                                                           8
              Copepoda                                                           68
              Cirripedia                                                         27




                                                         E-1









              Amphipoda                                                     152
              Isopocla                                                        76
              Mysiclacea                                                        3
              Decapoda                                                      272
              Tardigrada                                                        4
              Phoronicla                                                        6
              Bryozoa                                                         42
              Entoprata                                                         8
              Echinodermata                                                   21
              Chaetognatha                                                    12
              Hemichordata                                                      2
              Chondrichthyes                                                  36
              Osteichthyes                                                  344
              Turtles                                                           3
              Birds                                                         430






































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                                                      Appendix F

                                                      Ecosystems


                    Based on the NERRS classification categories, the NI/WB NERR represents a
             diverse number of ecosystem types. Over the 22 years that the Baruch Institute has
             been functioning, over 875 papers have been published by Baruch Associates and many
             of these papers represent studies on some aspect of the NI/WB NERR site. These
             studies range from the ecosystem level of organization to molecular studies. A few
             examples of ecological models of the Reserve are represented in Figures 7, 8, and 9.
             The principal types of ecosystems represented in the Reserve are listed below along with
             a brief description.

             Coastal Marshes

                    Wetland areas dominated by grasses (especially Spartina), sedges, rushes,
             cattails, and other species. These areas are subjected to semidiumal tides. This is a
             dominant ecosystem on the Reserve. High salinity and low salinity marshes occur. This
             is an important habitat for estuarine and marine species. Salt marshes have an extremely
             high rate of primary productivity. Carbon produced by Spartina is highly important in the
             trophic dynamics of estuaries and coastal waters.

             Intertidal Systems

                    Various types of intertidal communities are represented in the Reserve, including
             beaches, mud and sand flats, algal beds, and attached vegetation. Many species are
             restricted to a specific type of intertidal habitat. This is a dynamic area which is subjected
             to tidal changes, marked differences in oxygen content, fluctuating thermal regimes, and
             predation pressures.
             Organisms living in these intertidal systems exhibit a wide range of morphological,
             physiological, behavioral, and genetic adaptations.

             Submerged Bottoms

                    A gradient of bottom types ranging from mud to sand to shelly substratum is
             represented in the Reserve. Different biotic assemblages are associated with each type.
             In addition to these substrata, a submerged vegetation ecosystem is also present.










                                                        F-1









            Upland Systems

                   Coastal grasslands and a limited amount of pine edaphic forest are also included
            in the Reserve. A number of small islands are located within the boundary of the
            Reserve. One of these islands, Pumpkinseed Island, is one of the best known nesting
            sites for coastal birds in the southeast.
























































                                                     F-2










    




        



    Figure 6The original North Inlet ecosystem model (Summers and
    McKellar 1979). This model divides North Inlet into three major
    subsystems and is still a valid conceptualization. Future enhancements
    will subdivide this system further by focusing on sediment dynamics,
    subtidal interactions and plant/animal interactions across subsystems.











      






    Figure 7The dynamics of nitrogen and carbon exchange within the
    tidal creeks of North Inlet were simulated with this model by Childers
    and McKellar (1987). This model addressed the importance of tidal
    exchange. Future modeling will emphasize internal exchanges such
    as, the effects of subtidal remineralization an water column nutrient
    concentrations and export to marsh and coastal habitats.
 








                          CARBON BUDGET                (gC/M2    /yr)

                                              FOREST
                                            STREAMS


             NETI PRIMARY PRODUCTION                    NET PRIMARY PRODUCTION
                         MARSH
                         MACRO     MCRO                   PHY70-          MACRO-
             SPAR71NA    ALGAE     ALGAf                 PLANKTON          ALGAE
                                         Rod                   I          /        MEMO
             1125            so                  ?        63        135/
               1 50\0      t67                  Ir    250      540
                    SPARTINA                          TIDAL                  OUTWEL LING
                       MARSH            33 OX                                 128
                                          -- 00-     CREEKS                       0   F-W
                   (BURIAL)             52 P=
                      0-22                                                    3       ox



                         600                       195




                                                      LU



                                      RE.SPIRATION
             1125\

















             Figure :8. A carbon budget of the North Inlet estuarine system.   Values
             on the outer box are area w ighted for the entire marsh-estuarine system.
             Values on the inner boxes a:a area weighted for habitat area (i.e., marsh
             and water column).                F-4




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                                    Nomination Letter
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        Appendix G.


                                       mitlt Turaffita
      CARROLL A. CAMPBELL, JR. Off i-ce of tke (6j3Vrrnvr      POST Orrice Box 11369
            GOVERNOR                                            COLLIM*131A 29211









        January 24, 1990

        Mr. John Knauss
        Under Secretary of Oceans and
          Atmosphere
        National oceanic and Atmospheric
          Administration
        Herbert C. Hoover Building, Room 5128
        14th and Constitution Ave., NW
        Washington, D. C. 20230

        Dear Secretary Knauss:

        on behalf of the State of South Carolina, I am pleased to submit
        the attached site nominations and applications for preacquisition
        assistance for the North Inlet - Winyah Bay National Estuarine
        Reserve Research System (NERRS) and the Ashepoo - Combahee-
        Edisto (ACE) Basin National Reserve Research System.
       'Because these    two sites    represent different biogeographic
        classification categories, the State of South        Carolina is
        recommending the sites be managed independently.         It is my
        understanding the State of South Carolina is eligible for up to
        $50,000 in matching funds for each of the two sites based on
        proposed changes to your funding regulations.

        This effort is the result of a large number of dedicated
        individuals and organizations from both the* private and public
        sector working together toward common goals.   I have personally
        visited both the North Inlet - Winyah Bay site and ACE site and
        find them to be of unequaled value due to their pristine quality
        and diverse and abundant assemblage of natural habitat. The
        sites should make a significant contribution to the National
        Estuarine Reserve Research System.









        I look forward to your favorable review of this application.

        With best regards, I am

         1 erely


        Car         am el    Jr.
        Governor

        CACjr/tad

        Attachment
         1%erely
        Car             el   Jr.























































                                        G-2




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                                      APPENDIX H
  I                            NOAA Approval of Nomination
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                                      LINIT20 STATUS DIRPARTMIENT OF COMMRACU
         Appendix H.                  'rho Undue =*Orovary #oe
                                      Oceans and Atmosphere
                                              D.C. 20230


                                        MAR 2 7 IM




        Honorable Carroll A. Campbell, Jr.
        Governor of South Carolina
        Columbia, South Carolina 29211

        Dear Governor Campbell:

        The National oceanic and Atmospheric Administration (NOAA) has
        reviewed and approves the proposal to nominate the North inlet-
        Winyah Bay and the Ashepoo-Combahee-Edisto (ACE) Basin for
        inclusion in the National Estuarine Reserve Research System
        (NERAS). We commend the South Carolina Coastal Council, South
        Carolina Wildlife and Marine Resources Department and trie
        Belle W. Baruch Institute for Marine Biology and Coastal
        Resources for developing an excellent nomination report that
        responds accu-ately and substantially to each of the review
        criteria established in the National Estuarine Reserve Research
        system regulations.

        NOAA and South Carolina agree that because the two sites
        represent different biogeographical classification categories, as
        identified in the NERRS regulations (Section 921-3), each site
        will be managed independently, Therefore, each site will be
        eligible for full Federal funding identified in the regulations.

        Included within the site nomination package Is an application for
        Federal assistance to prepare a draft management plan and draft
        environmental impact statement, NOAA's Marine and Estuarine
        Management Division is reviewing-the application and will work
        closely with the South Carolina Coastal Council to ensure that
        the review is conducted in an expeditious and through manner.

        I look forward to continued progress in-the development of the
        ACE Basin National Estuarine Research ReservA and the North
        Inlet-Winyah Bay National Estuarine Research Reserve.

                                    Sincerely,




                                    John A. Knauss





                                                                    A"_
                                                                    IV
                                      H-1                           (
                                                     THE ADMINISTRATOR




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                      Public Education Program - Summary of 1990 Activities
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             Appendix 1.
                                            Public Education Program
                                            Summary of 1990 Activities


             The diverse Public Education Program offered through the Belle W. Baruch Foundation's
             Bellefield Nature Center and the Continuing Education Program of the Baruch Institute,
             University of South Carolina provides many valuable services to the Georgetown
             community and the State of South Carolina:

             1      In 1990, a record number of 35,000 people were served by the education
                    programs sponsored by the Belle W. Baruch Foundation and the Baruch Institute,
                    University of South Carolina.

             2.     The effects of Hurricane Hugo on programs were still observed in 1990. Visitation
                    to the Bellefield Nature Center and attendance in some programs were down over
                    1989, primarily as a result of the depressed tourism economy inflicted by the
                    hurricane. Even so, the Nature Center had 15,445 visitors during 1990 and more
                    than 100 people visited the Center on peak days during the summer months.

             3.     More than 2,900 school children from around the state participated in field studies
                    of salt marsh, pond and forest ecosystems conducted on the Baruch Foundation's
                    property, Hobcaw Barony, in 1990. This figure is the highest recorded since the
                    Nature Center opened in 1982.

             4.     More than 2,100 children from Georgetown County schools were served by Nature
                    Centers 1990 Outreach Program.

             5.     Outreach activities also extended to local civic organizations. Programs were
                    presented to over 220 people at their meetings and another 12,000 people were
                    reached through staff members' participation in community events.

             6.     The education program has gained statewide recognition for its excellence in
                    teacher education in the area of marine science. During 1990, 46 teachers from
                    Williamsburg and Georgetown Counties participated in graduate level marine
                    science courses at Hobcaw Barony.         Another 150 teachers participated in
                    workshops presented by Nature Center staff members.














                                                                 Table I


                                                  Public Tours of Hobcaw Barony
                                                                  1990


                                             Group                                              Numbers


                             Thursdays       General Tour - Open to the public                        611
                             1-16            Brunswick Bird Club                                      13
                             3-6             John Wesley Methodist Church                             14
                                             Charleston Christian Family                                9
                                             McKissick Museum
                             :@-23           1                                                        14
                             4-17            S=ter Conservation District                                8
                             5-1             Sumter Conservation District                             13
                             5-8             Tilly Swamp Baptist Church                               12
                             5-11            SC Maps Teachers                                         40
                             5-22            St. Lukes Lutheran Church                                14
                             8-31            Extra-General Tour                                       14
                             9,7             Extra-General Tour                                       14
                             9-11            Extra-General Tour                                       13
                             9-18            Newcomers Club                                           14
                             9-25            Extra-General Tour                                       13
                             9-29            Discovery Place                                          35
                             10- 3 0         Watercolors Workshop                                     14
                             11-6            Watercolors Workshop                                     14
                             11-20           Sealviist Res ort                                        L4


                                                                                  TOW                 893











                                                             1-2












                                                                 Table 2


                                        Field Studies at the Bellefield Nature Center
                                                                  1990



                   D=       Group                                         Progl:am                                No.


                   1-8      Manning Middle School                         Plantadon- Heritage                      12
                   2-6      Happy Time Pre-School                         Exploring.The Nature Center              48
                   .2-26    Waccamaw Elementary - Pawleys Is              Plantation Heritage                      25
                   3-1,     Socastee Elementary School                    Exploring'A Pond Community               28
                   3-2      Socastee High School                          Salt Marsh, Ecology                      17
                   3-6      Waccamaw Elementary - Conway                  Salt Marsh. Ecology                      31
                   3-7.     Waccamaw Elementary - Pawleys Is              PlantationHeritage                       30
                   3-9      St. Andrews Catholic School                   Plantation Heritage                      24
                   3-  10   Girl Scouts, Myrtle Beach                     Exploring The Nature Center              20
                   3-16     Maryville Elementary School                   PlantadonHeritage                        31
                   3-16     Headstart                                     Exploring The Nature Center              67
                   3-20     Maryville Elementary School                   Coastal Forest Ecology                   29
                   3-21     Bamberg District #1                           Coastal Forest Ecology                   16
                   3-2  1   Pawleys Island Montessori                     Exploring @The Nature Center             10
                   3-22     Andrews Primary                               Exploring A Pond Community               24
                   3-23     Myrtle Beach High School                      Coastal Forest Ecology                   11
                   3-28     Waccamaw Elementary - Pawleys Is              Plantation Heritage                      30
                   3-27     McDonald Elementary School                    Life In a Forest                         26
                   3-30     Andrews Academy                               Exploring A Pond Community               32
                   3-30     Ferrurn College                               Careers in  Outdoors Ed.                 29
                   3-30     Cub Scouts, Pack 346, Gtwn.                   Exploring'The Nature Center              12
                        7
                   4-10     Charleston Day School                         Exploring @A Pond Community              25
                   4-  11   Waccamaw Academy                              Coastal F@rest Ecology                   13
                   .4-12    Charleston Day School                         Life In A Forest                         30
                   4-13     Heritage Friendship                           Life In A Forest                         10
                   4-17     Waccamaw Elementary - Pawleys Is.             ExploringA. Pond Community               29
                   4-18     Andrews Academy                               Life In A Forest                         13
                   449      Kensington Elementary School                  Exploring -A Pond Community              29
                   4-.19    Florence School District #3                   Expl@ring "'Me Nature Center             24



                                                                  1-3









                     4-20      Waccamaw Elementary - Conway                    Exploring A Pond Community                 28
                     4-24      Archibald Rutledge Academy                      Exploring A Pond Community                 19
                     4-25      Waccamaw Elementary - Pawleys Is.               Exploring A Pond Community                 30
                     4-26      Waccamaw Elementary - Pawleys Is.               Exploring A Pond Community                 30
                     4-2  7    Greenwood Elementary                            Exploring The Nature Center                62
                     4-27      Andrews Academy                                 Coastal Forest Ecology                     19
                     5-1.,     Deep Creek Elementary Sch.                      Exploring The Nature Center                55
                     5-2..     Fleming Middle School                           Exploring A Pond Community                 55
                     5-3@      Andrews Primary                                 Exploring A Pond Community                 24
                     5-3.      Saluda Elementary                               Exploring The Nature Center                25
                     5-8       Sullivan's Island Elementary                    Exploring A Pond Community                 27
                     5-9.      Kensington Elementary                           Exploring A Pond Community                 26
                     5-11      McDonald Elementary                             Exploring The Nature Center                23
                     5-15      Myrtle Beach Primary                            Exploring'A Pond Community                 23
                     5-16      Heathwood Hall                                  Plantation Archeology                      64
                     5-1  7    Maryville Elementary                            Exploring A Pond Community                 25
                     5-21      Kingstree Jr. High School                       Exploring The Nature Center                35
                     5-2.2     Conway Middle School                            Coastal Forest Ecology                     21
                     5-25      Kingstree Jr. High School                       Exploring The Nature Center                40
                     5-25      St.Andrews Catholic School                      Coastal Forest Ecology                     18
                     5-28      St. James- Santee Elementary School             Exploring The Nature Center                40
                     5-3.0     Conway Christian School                         Pond Community/Forest Ecol                 35
                     6-5       Adventure Camp (GC Rec. Dept)                   Exploring A Pond Community                 27
                     615.-     Lou The Loggerhead Club                         Beach Creatures, Reptiles                 107
                     8/21      (Waccamaw House Camp)                           Alive, & Backbone
                     6-20      Clemson Univ. Graduate School                   Belle's Legacy & BNC                       14
                     6-21      USC Coastal Carolina Jr. Scholars               Belle's Legacy & BNC                       39
                     6-25      Chapin Memorial Library                         Exploring A Pond Community                 33
                     6-29      Bright Beginnings Day Care                      Exploring The Nature Center                18
                     6-29      L.G. Bahai Institute                            Exploring The Nature Center                16
                     7-31      Marion County Elementary Teachers               Exploring A Pond Community                 19
                     8-t       USC - Coastal Carolina Env. Ed. Class           Salt Marsh Ecology                         13
                     8-1.1     L.G. Bahai Institute                            Exploring  -The Nature Center              23
                     9-26      Waccamaw Elementary - Pawleys Is.               Exploring  The Nature Center               40
                     9-26      Waccamaw Elementary - Pawleys Is.               Exploring The Nature Center                30
                     9-27      Waccamaw Elementary - Pawleys Is.               Salt Marsh Discovery                       25



                                                                      1-4









                  9-29    Parents For the Academ. Gifted             Rocky Intertidal Zone                 37
                  10-3    Mc Donald Elementary School                Exploring A Pond Community            25
                  10-4    Andrews Primary                            Exploring A Pond Community            23
                  10-5    Archibald Rutledge Academy                 Plantation Archeology                 17
                  10-9    Archibald Rutledge Academy                 Plantation Archeology                 26
                  10-10   Maryville Elementary                       Plantation Archeology                 24
                  10-11   West Conway Middle School                  Salt Marsh Ecology                    22
                  10-16   Byrnes Academy                             Exploring The Nature Center           10
                  10-16   Happy Times School                         Exploring The Nature Center           51
                  10-17   Kingstree Jr. High                         Salt Marsh Discovery                  25
                  10-23   Waccarnaw Elementary - Pawleys Is.         Life In A Forest                      26
                  10-24   Charleston Day School                      Exploring  A Pond Community           27
                  10-25   Forestbrook Elementary                     Plantation Heritage                   25
                  10-30   Myrtle Beach High School                   Salt Marsh Ecology                    32
                  10-31   Leesville High School                      Salt Marsh Ecology                    12
                  11-1    Waccamaw Elementary - Pawleys Is.          Exploring A Pond Community            24
                  11-2    Southside Middle School                    Plantation Archeology                 15
                  11-6    Chabad Academy                             Life In A Forest                      30
                  11-7    Waccamaw Elementary - Conway               Plantation Heritage                   27
                  11-7    Byrnes Academy                             Plantation Heritage                   15
                  11-8    Browns Ferry Elementary                    Exploring The Nature Center           65
                  11-8    C.E. Murray                                Plantation Archeology                   8
                  11-9    Andrews Academy                            Salt Marsh Ecology                    21
                  11-9    Archibald Rutledge Academy                 Salt Marsh Ecology                    18
                  11-13   Lake City Elementary                       Salt Marsh Ecology                    31
                  11-15   Pawleys Island Montessori                  Salt Marsh Discovery                    8
                  11-16   Jonakin Middle School                      Coastal Forest Ecology                28
                  11-20   Beck Middle School                         Plantation Archeology                 14
                  11-21   Maryville Elementary School                Plantation Archeology                 27
                  11-27   Lake City Elementary                       Salt Marsh Ecology                    31
                  11-28   St. Andrews                                Salt Marsh Discovery                  18
                  11-28   Lake City Elementary                       Exploring The Nature Center           21
                  11-29   Waccarnaw Elementary - Pawleys Is.         Life In A Forest                      25
                  11-29   Lake City Elementary                       Exploring The Nature Center           18
                  12-4    Woodland Park School                       Life In A Forest                      28
                  11-5    Waccamaw Elementary - Conway               Exploring A Pond Community            30



                                                            1-5











                   11-5     Woodland Park School                      Life In A Forest                     28
                   12-6     Rosemary Elementary                       Exploring The Nature Center          61
                   12-7     Archibald Rutledge Academy                Coastal Forest Ecology               24
                   12-7     Woodland Park School                      Life In A Forest                     25
                   12-12    Williamsburg Academy                      Exploring A Pond Community           35
                   12-14    Myrtle Beach FEgh School                  Salt Mars h Ecology



                                                                                     Total                2937
















































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                                                               Table 3

                                     Special Programs At The Bellefield Nature Center
                                                                1990


                              Date       Proglarn                                             Numbe


                              1/28-2/2   Ecology and History of the SC Lowcountry                  29
                              2-13       Bluebird Houses                                            8
                              4-25       Springtime In Tle Salt Marsh                              14
                              4-28       Hidden Heroes of the Salt Marsh                           21
                              5-16       Gyotaku                                                   25
                              5-20       Hidden Heroes of the Salt Marsh                           20
                              5-30       Beach Night Life                                          25
                              6-19       Nature Walk In The Hobcaw Forest                           3
                              6-20       Reptiles Alive                                            51
                              6-26       Nature Walk In The Hobcaw Forest                           2
                              6-27       Beach Creatures                                           53
                              6-28       Beach Night Life                                          25
                              7-3        Summertime In The Salt Marsh                              10
                              7-5        Pond Life                                                  8
                              7-11       Whose Got The Backbone?                                   14
                              7-17       Nature Walk In The Hobcaw Forest                           5
                              7-18       Reptiles Alive                                            13
                              7-23       Hobcaw Open House                                         93
                              7-24       Nature Walk In The Hobcaw Forest                          10
                              7-25       Beach Creatures                                            6
                              7-30       Beach Night Life                                          17
                              8-1        Whose Got The Backbone?                                   12
                              8-7        Nature Walk In The Hobcaw Forest                           2
                              8-8        Reptiles Alive                                            12
                              8-15       Beach Creatures                                           18
                              9-19       Autumn In The Salt Marsh                                   8
                              9-27       Beach Night Life                                          24
                              10-3       Coastal Birding                                           14
                              10-24      Hobcaw's Woods After Hugo                                 10
                              11-13      Winter Birds


                                                                          Total                   565


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                                                             Table 4

                                                        Short Courses

                                                              1990


                   Course Title                                                             No of Part'



                   Southern Traditions                                                                      21
                   Life in and Around an Oyster Reef                                                          6
                   Rice Along the River: Georgetown's Plantation Heritage                                   37
                   Migration and Ecology of Songbirds                                                       21
                   Coastal Ecology Classes for Children (5 sessions)                                        64
                   African Influences on Southern Culture                                                   11
                   Loggerhead Sea Turtles                                                                   23
                   History and Architecture of Downtown Georgetown                                            7
                   Light Tackle Fishing in Coastal Waters                                                   14
                   Man*aging the Coast for the 90's and Beyond                                                6
                   Shelling Along South Carolina Shores                                                     22               1
                                                                                       Total               237































                                                            1-8












                                                            Table 5


                                         Activities and Number of Participants
                                                   1988, 1989, and 1990




                  AcdviW-                                                                                1990


                  Visitors To Bellefield Nature Center                  16,636          17,324         15,445
                  Field Studies                                          2,457           2,619          2,937
                  Public Tours                                            1,027           775            893
                  Outreach Program                                        1,353          2,258          2,121
                  Special Programs                                         665            650            565
                  Speaking Engagements                                     225            361            223
                  Events - Festivals                                     10,000          5,500         12,000
                  Public Lectures, Seminars, Forums                          89           250            115
                  Short Courses                                            269            262            237
                  Teacher Education                                        138              46           196


                                                         Totals         32,859          30,045         34,732

























                                                           1-9




I
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I                                       APPENDIX J
                                        Publications
I
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I
I
I









            Appendix J

                                                Publications

                  Since 1969 891 scientific papers and books have been published by Associates
            of the Baruch Institute. A complete list of publications is available upon demand.
            Included below is a partial listing of selective publications resulting from the National
            Science Foundation funded Long-Term Ecological Reserch project.









































                                                   J-1










                                    LTER PUBLICATIONS PUBLISHED OR IN PRESS

                                                     (Updated 7119/91)



             Abs.   Allen, D.M. and D.L. Barker. 1985. Spatial and temporal distributions of grass shrimp larvae
                    (Palaemonetes spp.) in a high salinity estuary. Am. Zool. 25(4): 63A (abstract)

             803.   Allen, D.M. and D.L. Barker. 1990. Interannual variability in larval fish recruitment to estuarine
                    epibenthic habitats. Mar. Ecol. Prog. Ser. 63: 113-125.

             Abs.   Allen, D.M., E.R. Blood, and F.J. Vemberg. 1985. Long-Term Ecological Research at the North
                    Inlet Estuarine-Marsh Ecosystem, South Carolina: Program description and trend analysis.
                    Estuaries 8(2B):33A

             810.   Archambault, J.A. and R.J. Feller. In press. Die[ variations in gut fullness of juvenile spot,
                    Leiostomus xanthurus (Pisces). Estuaries

             Th.    Asmus, M. 1991. Ecological modeling of the North Inlet marsh-estuarine system, South Carolina:
                    Models of year-to-year variability. Ph.D. Dissertation. Marine Science Program, University of
                    South Carolina.


             723.   Asmus, M. and H.N. McKellar, Jr. 1989. Network analysis of the North Inlet saft marsh
                    ecosystem. Chapter 9. In: Network Analysis in Marine Ecology. Methods and Applications. F.
                    Wulff, J.G. Field, and K.H. Mann (eds.). Coastal and Estuarine Studies. Springer-Verlag, Berlin.

             496.   Bildstein, K.L. 1983. Age-related differences in the flocking and foraging behavior of white ibises
                    in a South Carolina saft marsh. Colonial Waterbirds 6: 45-53.


             549.   Bildstein, K.L. 1984. Age-related differences in the foraging behavior of white ibises and the
                    question of deferred maturity. Colonial Waterbirds 7: 146-148.

             690.   Bildstein, K.L. 1987. Energetic consequences of sexual dimorphism in white ibises. Auk 104:
                    771-775.


             806.   Bildstein, K.L. 1990. Status, conservation, and management of the scarlet ibis, Eudocimus
                    ruber, in the Caroni Swamp, Trinidad, West Indies. Biol. Conservation 54: 61-78.

             853,   Bildstein, K.L., G.T. Bancroft, T.J. Dugan, D.H. Gordon, R.M. Erwin, E. Nol, LX Payne, and S.E.
                    Senner. In press. Approaches to the conservation of coastal wetlands in the western
                    hemisphere. Wilson Bull.

             825,   Bildstein, K.L., E.R. Blood, and P. Frederick. In press. The relative importance of biotic and
                    abiotic vectors in nutrient transport in a South Carolina, USA, estuarine ecosystem. Estuaries

             782,   Bildstein, K.L. and I.L. Brisbin, Jr. 1990. Lands for long-term research in conservation biology.
                    Conservation Biol. 4(3): 301-308.

             573,   Bildstein, K.L. and M.W. Collopy. 1985. Escorting flight and agonistic interactions in wintering
                    northern harriers. Condor 87: 398-401.

             883.   Bildstein, K.L., P.C. Frederick, and M.G. Spaulding. In press. Feeding patterns and aggressive
                    behavior in juvenile and adult American flamingos (Phoer)icopterus ruber ruber . Condor




                                                              J-2









              710.   Bildstein, K.L., S.G. McDowell, and I.L. Brisbin. 1989. Consequences of sexual dimorphism in
                     sand fiddler crabs: Differential vulnerability to avian predation. Animal Behav. 37: 133-139.

              580.   Bildstein, K.L., W. Post, P. Frederick, and J.W. Johnston. 1990. Freshwater wetlands and the
                     breeding ecology of white ibises in coastal South Carolina: A lesson for scarlet ibis conservation,
                     p. 57-63. In: Proc. First Intl. Workshop on the Conservation of Scarlet Ibises. P.C. Frederick,
                     L.G. Morales, A.L. Spans, and C.S. Luthin (eds.). ICBP, NY.

              790.   Bildstein, K.L., W. Post, J. Johnson, and P. Frederick. 1990.. Freshwater wetlands, rainfall, and
                     the breeding ecology of white ibises in coastal South Carolina. Wilson Bull. 102: 84-98.

              888.   Blood, E.R., P. Anderson, P.A. Smith, K.A. Ginsberg, and C. Nybro. In press. The effects of
                     Hurricane Hugo on coastal soil processes. Biotropica

              579.   Blood, E.R., W.T. Swank, and T. Williams. 1989. Precipitation, throughfall, and sterriflow
                     chemistry in a coastal loblolly pine stand, p. 61-78. In Freshwater Wetlands and Wildlife, Conf.-
                     8603101, DOE Symposium Series #61, R.R. Sharitiland J.W. Gibbons (eds.), USDOE Office of
                     Science and Technology Information, Oak Aldge, TN.

              773.   Blood, E.R., R. Van Dolah, K. Davis, H. McKellar, T. Siccherman, and C. Connelly. 1989.
                     Charleston Harbor water quality, p. 25-35. In: Charleston Harbor: Issues, Resources, Status, and
                     Managment. NOAA Estuary-of-the-Month Seminar Series No. 16. US Dept. of Commerce,
                     NOAA Estuarine Programs Office, Washington, D.C.

              847.   Blood, E.R. and F.J. Vemberg. In press. Characterization of the physic    al, chernical, and
                     biological conditions and trends in Winyah Bay and North Inlet Estuaries: 1970-1985. In
                     Characterization of the Physical, Chemical, and Biological Conditions @--nd Trends in Three South
                     Carolina Estuaries. SC Sea Grant Consortium, NOAA.

              Abs.   Blood, E.R. and T. Williams. 1988. Land-water interfaces: The eff ect of salt water intrusion on
                     blackwater stream chemistry. Bull. Ecol. Soc. Am. (supple.) 69(2): 75.

              Th.    Bollinger, M.S. 1983. Radium in a salt marsh - tidal inlet system. M.S. Thesis. Department of
                     Geological Sciences, University of South Carolina.

              Th.    Bollinger, M.S. 1986. Radium isotopes in salt marshes and estuarine environments. Ph.D.
                     Dissertation. Department of Geological Sciences, University of South Carolina.

              TH.    Borrero, F. 1991. Environmental correlates of intraspecific variation in physiological performance,
                     energy balance, and allocation among populations of the marine mussel Geukensia demissa
                     across the intertidal zone. Ph.D. dissertation. Department of Biology , University of South
                     Carolina.

              769.   Boumans, R. and F.H. Sklar. 1990. A polygon-based spatial (PBS) model for simulating
                     landscape change. Landscape Ecol. 4(2/3): 83-97.

              Th.    Bradley, P. 1991. The influence of oxygen, salinity, and sulfide concentration on the kinetics of
                     NH4+uptake in Spartina afterniflora. The physical characteristics of salt marsh sediments:
                     Ecological implications. Ph.D. Dissertation. Marine Science Program, University of South
                     Carolina.

              842.   Bradley, P.M. and J.T. Morris. In press. The influence of salinity on the kinetics of NH,, uptake
                     in Spartina afterniflora. Oecologia







                                                                J-3










             Th.    Childers, D. 1985. Development   and analysis o! a simulation model of saltmarsh water column
                    dynarr@ics. M.S. Thesis. Marine Science Program, University of South Carolina.

             Abs.   Childers, D. and H.N. McKellar, Jr. 1985. Nutrient variability and subsystem interactions in a
                    southeastern saltmarsh. Estuaries 8(2B): 117A (abstract).

             613.   Childers, D. and H.N. McKellar, Jr. 1987. A simulation of salt marsh water column dynamics.
                    Ecol. Model. 36: 211-238.


             616.   Chrzanowski, T.H., J. Spurrier, R. Dame, and R. Zingmark. 1986. Processing of microbial
                    biomass by an intertidal reef community. Mar. Ecol. EM Ser. 30: 181-189.

             585.   Chrzanowski, T.H. and R. Zingmark. 1986. Passive filtering of microbial biomass by Spartina
                    alterniflora. Estuarine Coastal Shelf Sci. 22: 545-557

             736.   Chrzanowsld, T.H. and R.G. Zingmark. 1989. Bacterial abundance, biomass, and secondary
                    production along a forest to ocean landscape gradient. J. EXD- Mar. Blol. Ecol. 125(3): 253-
                    266.

             Abs.   Chrzanowski, T.H., R.G. Zingmark, and J. Spurrier. 1985. Dynamics of microbial populations in
                    saltmarsh transport studies. Proc. 85th Annual Meeting Am. Soc. Microbiol. p. 233.

             715.   Clements, L.A., K.T. Fielman, and S.E. Stancyk. 1988, Regeneration by an amphiurid brittlestar
                    exposed to different concentrations of dissolved organic material. J. Lx2. Mar. Biol. Ecol. 122:
                    47-61.


             668.   Collopy, M.W. and K.L. Bildstein. 1987. Foraging behavior of northern harriers wintering in
                    southeastern salt and fresh water marshes. Auk 104: 11-16.

             802.   Costanza, R., F.H. Sklar, and M.L. White. 1990. Modeling coastal landscape dynamics.
                    BioScience 40(2): 91-107.

             526.   Coull, B.C. 1985. The use of long-term biological data to generate testable hypotheses.
                    Estuaries 8(2A): 84-92.

             575.   Coull, B.C. 1985. Long-term variability of estuarine meiobenthos. An 11 -year study. Mar. Ecol.
                    Prog. Ser. 24: 205-218.

             596.   Coull, B.C. 1986. A new species of Pseudobradya and the rediscovery and correction of
                    Quinquelaophonte capillata (Wilson) (Copepoda: Harpacticoida). Trans. Am. Microsc. Soc.
                    105: 121-129.


             618.   Coull, B.C. 1986. Long-term variability of meiobenthos: Value, synopsis, hypothesis generation,
                    and predictive modelling. Hydrobiologia 142: 271-279.

             700.   Coull, B.C. 1988. Ecology of the marine meiofauna, p. 18-38. In: Introduction to the Study of
                    Meiofauna. R.P. Higgins and H. Theil (eds.). Smithsonian Institution Press, Washington, D.C.

             797.   Coull, B.C. 1990. Are members of meiofauna food for higher trophic levels - Revisited. Trans.
                    Am. Micros. Soc. 109(3): 233-246.

             576.   Coull, B.C. and B. Dudley. 1985. Dynamics of meiobenthic copepod populations: A long-term
                    study (1973-1983). Mar. Ecol. Pro-q. Ser. 24: 219-229.






                                                              J-4









             Th.    Coutinho, R. 1987. Ecology of macroalgae in North Inlet Estuary, SC. Ph.D. Dissertation.
                    Department of Biology, University of South Carolina.

             Abs.   Coutinho, R. 1984. Diel variations in photosynthetic responses to light by seaweeds. J.
                    Phycology 20 (supple): 8.

             Abs.   Coutinho, R. 1986. The effects of interactions of light and nitrogen on growth and
                    photosynthesis vs. irradiance (P-1) curves of Ulva curvata. J. Phycology (supple.)

             704.   Coutinho, R. and Y. Yoneshigue. 1988. Diurnal variation in photosynthesis vs. irradiance curves
                    from 'sun' and 'shade' plants of Pterocladia capillaca (Gmelin) Bomet et Thuret (Gelidiaciaceae,
                    Rhodophyta) from Cabo Frio, Rio de Janerio, Brazil. J. EXD- Mar. Biol. Ecol. 118: 217-228.

             Abs.   Coutinho, R. and R. Zingmark. 1984. Taxonomy, distribution, and seasonality of the macroalgae
                    of North Inlet, SC. J. Phycology 20 (supple.): 55.

             Abs.   Coutinho, R. and R. Zingmark. 1986. Modelling primary production of macroalgae in estuaries.
                    11. Phycology (supple.)

             663.   Coutinho, R. and R. Zingmark. 1987. Diurnal photosynthetic responses to light by macroalgae.
                    ,!. Phycology 23: 336-343.

             Abs.   Coutinho, R. and R. Zingmark. 1987. Ecology of macroalgae in North Inlet, SC. J. Phycolo-gy
                    23 (supple.): 5.

             793.   Crosby, M.P. 1988. Using bioenergetics of intertidal oyster populations as a measurement of
                    anthropogenic perturbations to shellfish growing waters. J. Shellfish Res. 7: 199-200.

             730.   Dame, R. 1989. The importance of Spartina afterniflora to Atlantic Coast estuaries. Rev. Aauat.
                    @c[. 1(4): 639-660.

             639.   Dame, R., T. Chrzanowski, K. Bildstein, B. Kjerfve, H. McKellar, D. Nelson, J. Spurrier, S.
                    Stancyk, H. Stevenson, F.J. Vemberg, and R. Zingmark. 1986. The outwelling hypothesis in
                    North Inlet, South Carolina. Mar. Ecol. Proo. Ser. 33: 217-229.

             840.   Dame, R.F., N. Dankers, T. Prins, H. Jongsma, and A. Small. In press. The influence of Mussel
                    beds on nutrient cycling in two Dutch estuaries. Estuaries

             615.   Dame, R.F. and P. Kenny. 1986. The variability of Spartina afterniflora primary production in the
                    euhaline in North Inlet Estuary. Mar. Ecol. Prog. Ser. 37: 70-80.

             855.   Dame, R., J. Spurrier, T. Williams, B. Kjerfve, R. Zingmark, T. Wolaver, T. Chrzanowski, H.N.
                    McKellar, and F.J. Vemberg. 1991. Annual material processing by a saft marsh-estuarine basin
                    in South Carolina, USA. Mar. Ecol. Proo. Ser. 72: 153-166.

             Abs.   Dame, R.F., R. Zingmark, D. McCollum, and T. Wolaver. 1984. Nitrogen uptake and release by
                    oyster reefs: A possible cause of heterotrophic control of autotrophs. Limnol. Oceanoar. 29
                    (supple.): 73.

             720.   Dankers, N., R.F. Dame, and K. Kersting. 1989. Oxygen consumption of mussel beds in the
                    Dutch Wadden Sea. Scienta Marina 53: 473-476.

             800.   De Santo, T.L., S.G. McDowell, and K.L. Bildslein. 1990. Plumage and behavioral development
                    of nestling white ibises. Wilson Bull. 102: 226-238.





                                                             J-5









             839.   Dobson, W.E. and S.E. Stancyk. In press. Morphology and chronology of early disc
                    regeneration in the brittlestar Microphiopholis gracillima (Stimpson) (Echinodermata:
                    Ophiuroidea). Zoomorphology

             830.   Dobson, W.E., S.E. Stancyk, L.A. Clements, and R.M. Showman. 1991. Nutrient translocation
                    during early disc regeneration in the bdttlestar.Microphiopholis gracillima (Stimpson)
                    (Echinodermata: Ophiuroidea). Biol. Bull. 180: 167-184.

             676.   Edwards, D. and B.C. Coull. 1987. Autoregressive trend analysis: An example using long-term
                    ecological data. Oikos 50: 95-102.

             705.   Edwards, D. and J.J. Berry. 1987. The efficiency of simulation-based multiple comparisons.
                    Biometrics 43: 913-928.


             Abs.   Edwards, D.G., R.J. Feller, W.K. Michener, and S.E. Stancyk. 1988. A multidimensional
                    exploration of zooplankton and macrobenthos temporal dynamics in a coastal estuary. Bull. Ecol.
                    Soc. Am. (supple.) 69(2): 126.

             Th.    Eiser, W.C. 1984. Sheet flow as a component of total water flux in an estuarine marsh. M.S.
                    Thesis. Marine Science Program, University of South Carolina.

             612.   Eiser, William C., and B. Kjerfve. 1986. Marsh topography and hypsometer characteristics of
                    South Carolina saft marsh basin. Estuarine Coastal Shelf Sci. 23(5): 595-605.

             755.   Ellis, M.J. and B.C. Coull. 1989. Fish predation on meiobenthos: Field experiments using
                    juvenile spot (Pisces). J. Exp. Mar. Biol. Ecol. 130: 19-32.

             Th.    Ember, L. 1985. Sources of sedimentary organic matter in 5pArtLina-dominated saft marshes.
                    M.S. Thesis, Marine Science Program, University of South Carolina, Columbia.

             Th.    Eskin, R.A. 1985. Population dynamics and ecology of the meiobenthic nematodes of North
                    Inlet, South Carolina. Ph.D. Dissertation. Department of Biology, University of South Carolina.

             687.   Eskin, R.A. and B.C. Coull. 1987. Seasonal and three-year variability of meiobenthic nematodes
                    at two estuarine sites. 'Mar. Ecol. Proa aer. 41: 295-303.

             624.   Feller, R.J. 1986. Immunological detection of.Mercenaria mercenarla in a predator and
                    preparation of size-class specific antibodies. Themeliger 28(4): 341-347.

             763.   Feller, R.J. In press. Dietary analysis of Penaeid shrimp: The immunoassay approach. Front.
                    Shrimp Res. W.J. Dougherty (ed.). Elsevier.

             854.   Feller, R.J. In press. Potential applications of immunoassays in studies of flatfish recruitment.
                    Neth. J. Sea Res.

             796.   Feller, R.J., B.C. Coull, and B.T. Hentschel. 1990. Meiobenthic copepods: Tracers of where
                    juvenile Leiostomus xanthurus (Pisces) feed? Can. J. Fish. Aguat. Sci. 47: 1913-1919.

             659.   Feller, R.J. and R.B. Ferguson. 1988. Quantifying stomach contents using immunoassays: A
                    critique, p. 295-303. In: Immunochemical Approaches to Estuarine, Coastal and Oceanographic
                    Questions. C.M. Yentsch, F.C. Mague, and P.K. Horan (eds.). Springer-Verlag Coastal Lecture
                    Note Series.








                                                              J-6









             789.   Feller, R.J., B.T. Hentschel, and R. Ferguson. 1990. Immunoelectrophoretic assay of mixed
                    species meals: An example using Penaeid shrimp, p. 588-596. Proc. 24th European Marine
                    Biology Syposium. M. Barnes (ed.) Aberdeen University Press.

             701.   Feller, R.J. and R.M. Warwick. 1988. Energetics. Chapter 13. p. 181-196. In: Introduction to
                    the Study of Meiofauna. R.P. Higgins and H. Theil (eds.). Smithsonian Institution Press,
                    Washington, D.C.

             Abs.   Fielman, K.T. and E.R. Blood. 1988. Land-water interfaces: The effect of syzygy on soil ion
                    balance. Bull. Ecol. Soc. Am. (supple.) 69(2): 132.

             852.   Fielman, K.T., S.E. Stancyk, W.E. Dobson, and L.A.J. Clements. In press. The effects of arm
                    and disc loss on regeneration by Microphiopholis gracillima (Echinodermata: Ophiuroidea) in
                    nutrient-free seawater. Mar. Biol.


             Th.    Flavier, A. 1991. Macroalgal colonization of hard substrates at North Inlet. M.S. Thesis.
                    Department of Biology, University of South Carolina.

             578.   Fox, R.S. and E.E. Ruppert. 1985. Shallow-water Marine Benthic Macroinverlebrates of South
                    Carolina: Species Identification, Community Composition, Symbiotic Associations. Belle W.
                    Baruch Ubrary in Marine Science, No. 14. University of South Carolina Press, Columbia.

             841.   Frix, M.S., M.E. Hostetler, and K.L. Bildstein. In press. Intra- and interspecis differences in the
                    responses of sand (Uca pugilato and mud (Uca pugnax fiddler crabs to simulated avian
                    predation. J. Crust. Biol.

             767.   Gardner, L.R. 1990. Simulation of the digenesis of carbon, sulfur, and dissolved oxygen in salt
                    marsh sediments. Ecol. Monogr. 60: 91-111.

             779.   Gardner, L.R. 1990. Simulation of the diagensis of carbon, sulfur and dissolved oxygen in salt
                    marsh sediments. Ecol. Monoar. (microfiche) See ESA Supplementary Publication Service
                    document #8903. i-1F.

             884.   Gardner, L.R. 1990. The role of rock weathering in the biogeochemical cycling of phosphorus.
                    Blocieochemistry 11: 97-110.

             522.   Gardner, L.R. and C. Gorman. 1984. The summertime net transport of dissolved oxygen, salt,
                    and heat in a salt marsh basin, North Inlet, SC. Estuarine Coastal Shelf Science 19: 331-339.

             646.   Gardner, L.R. and 1. Lerche. 1987. Simulation of sulfate dependent sulfate reduction using
                    Monod kinetics. Math. Geol. 19: 219-239.


             775.   Gardner, L.R. and 1. Lerche. 1990. Simulation of sulfur digenesis in anoxic; marine sediments
                    using Rickard kinetics for FeS and FeS2 formation. Computer Geosci. 16: 441-460.

             817.   Gardner, L.R., W.K. Michener, E.R. Blood, T.M. Williams, D.J. Lipscomb, and W.H. Jefferson.
                    1991. Ecological impact of Hurricane Hugo - Salinization of a coastal forest. Journal of Coastal
                    Research 8: 301-317.

             829.   Gardner, L.R., W.K. Michener, B. Kjerfve, and D.A. Karinshak. 1991. The geomorphic effects of
                    Hurricane Hugo on an undeveloped coastal landscape at North Inlet, SC. J. Coastal Res. 8:
                    181-186.








                                                             J-7









             582.   Gardner, L.R., P. Sharma, and W. Moore. 1987. A regeneration model for the effect of fiddler
                    crab burrowing on 210 Pb profiles in salt marsh sediments. J. Environ. Radioactivity 5: 25-36.

             759.   Gardner, L.R., L. Thombs, D. Edwards, and D. Nelson. 1989. Time series analyses of
                    suspended sediment concentrations at North Inlet, South Carolina. Estuaries 12(4): 211-221

             728.   Gardner, L.R., T.S. Wolaver, and M. Mitchell. 1988. Spatial variations in the sulfur chemistry of
                    salt marsh sediments at North Inlet, SC. J. Mar. Res. 46: 815-836.

             707.   Gawlik, D.E., M.E. Hostetler, and K. Bildstein. 1988. Napthalene mothballs do not deter
                    mammalian predators at red-winged blackbird nests. J. Field,Ornithol. 59(2): 189-191.

             835.   Haddad, K.D. and W.K. Michener. In press. Design and implementation of acoastal resource
                    Geographic Information System: Administrative considerations. In: Proceedings, Coastal Zone
                    '91. Symposium on Coastal and Ocean Management/ASCE. OTMagoon et al. (eds.).

             795.   Hentschel, B.T. and R.J. Feller. 1990. Quantitative immunoassay of the proventricular contents
                    of white shrimp (Penaeus setiferous Linnaeus): A laboratory study. 4. Ex . Mar. Biol. Ecol. 139:
                    85-99.


             Th.    Hunter, J. 1985. Dietary analysis of commercially important juvenile shrimp (Penaeus aztecus
                    [Ives] and P. setiferus [L.1) in saltmarsh tidal creeks. M.S. Thesis, Department of Biology,
                    University of South Carolina, Columbia.

             652.   Hunter, J. and R. Feller. 1987. Immunological dietary analysis of two penaeid shrimp species
                    from a South Carolina tidal creek. J. ExD. Mar. Biol. Ecol. 107: 61-70.

             843.   Hwang, Y.H. and J.T. Morris. In press. Evidence for hygrometric pressurization in the internal
                    gas space of Spartina afterniflora. Plant Physiol

             Th.    Jefferson, W.H., Ill. 1990. Factors affecting abundance of mero- and holoplankton in a
                    southeastern estuary. M.S. Thesis, University of South Carolina, Columbia, SC.

             889.   Jefferson, W.H., Ill., W.K. Michener, D.A. Karinshak, W. Anderson, and D.E. Porter. In press.
                    Developing GIS data layers for estuarine resource management. Proc., GIS/LIS Annual
                    Conference and Exposition, Atlanta, GA.

             754.   Johnston, JW and K. Bildstein. 1990. Dietary salt marsh as a physiological constraint in white
                    ibises breeding in an estuary. Physiol Zool. 63:190-207.

             807.   Johnson, W.S., D.M. Allen, M.V. Ogburn, and S.E. Stancyk. 1990. Short-term predation
                    responses of adult bay anchovies, Anchoa mitchilli, to estuarine zooplankton availability. Mar.
                    Ecol. Prog. Ser. 64: 55-68.

             Abs.   Kenny, P.D., W.K. Michener, and D.M. Allen. 1988. Factors affecting settlement of the American
                    oyster (Crassostrea virginica in a high salinity southeastern estuary.    NatI. Shellfish Assoc.

             822.   Kenny, P.D., W.K. Michener, and D.M. Allen. 1990. Spatial and temporal patterns of oyster
                    settlement in a high salinity estuary. J. Shellfish Res. 9: 329-339.

             427.   Kjerfve, B. 1982. Calibration of estuarine current crosses. Estuarine Coastal Shelf Sci. 15:
                    553-559.








                                                              1-8









              587.   Kjerfve, B. 1984. Hydrographic considerations in estuarine outwelling studies: An example and
                     definitions. p. 37-47. In: Productivity of the Mangrove Ecosystem: Management Implications.
                     Ong Jin Eong and Gong Wooi-Khoon (eds.). UNESCO/UNDP and Universiti Sains Malaysia.

              570.   Kjerfve, B. 1986. Circulation and salt balance in a well-mixed estuary. p. 22-29. In: Physics of
                     Shallow Estuaries and Bays. Springer-Verlag.

              319.   Kjerfve, B. and H.N. McKellar, Jr. 1980. Time series measurement of estuarine material fluxes.
                     p. 341-357. In: Estuarine Perspectives. V.S. Kennedy (ed.).. Academic Press, NY.

              433.   Kjerfve, B., J.A. Proehl, F.B. Schwing, H.E. Seim, and M. Marozas. 1982. Temporal and spatial
                     considerations in measuring estuarine water fluxes. p. 37-51. In: Estuarine Comparisons. V.S.
                     Kennedy (ed.). Academic Press, NY.

              532.   Kjerfve, B. and H.E. Seim. 1984. Construction of net isopleths in cross sections of tidal
                     estuaries. J. Mar. Res. 42: 503-508.

              337.   KjerIve, B., L.H. Stevenson, J.A. Proehl, T. Chrzanowski, and W.M. Kitchens. 1981. Estimation
                     of material fluxes in an estuarine cross-section: A critical analysis of spatial measurement
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              654.   Kjerfve, B. and T.G. Wolaver. 1988. Sampling optimization for studies of tidal transport in
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              885.   Kratz, T.K., B.J. Benson, E.R. Blood, G. Cunningham, and R.A. Dahlgren. In press. The
                     influence of landscape position on temporal variability in four North American ecosystems.     Am.
                     Midlands Naturalist


              879.   Leibowitz, S., F.H. Sklar, and R. Costanza. 1990. Perspectives on Louisiana wetland loss
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              747.   U, Y., J. Morris, and D. Yoch. 1990. Chronic low-level hydrocarbon pollution stimulates plant
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              669.   Marinelli, R.L. and B.C. Coull. 1987. Structural complexity and juvenile fish predation on
                     meiobenthos: An experimental approach. J. Exp. Mar. Biol. Ecol. 108: 67-82.

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                     study of thier response to bait. M.S. Thesis, Univ. of South Carolina, Columbia, SC. 86 p.

              Th.    McDaniel-Firth, E. 1988. A four-year study of above and below ground decomposition of
                     Spartina afterniflora. M.S. Thesis. Marine Science Program, University of South Carolina.

              886.   McKellar, H.N., Jr., E.R. Blood, T. Sicherman, K. Connelly, and J. Hussey. 1990. Organic carbon
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              Abs.   McKellar, H.N., Jr., T. Jordan, D. Whigham, and D. Correll. 1986. A model of production,
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                                                                 J-9









             875.    McKellar, H.N., Jr. and W.D. Marshall. 1985. Aquatic. productivity and tidal nutrient exchanges in
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             611.    Michener, W.K., R.J. Feller, and D. Edwards. 1987. Development, management, and analysis of
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             890.    Michener, W.K. & K. Haddad. In press. Data administration. In: Proc., Symposium on Data
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                                                                J-10









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             756.   Miller, A.B., W.K. Michener, A. Barnard, and F.J. Vemberg. 1989. Publications of the Belle W.
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             809.   Myers, P.E. 1990. Space versus other limiting resources for a colonial tunicate, Botrylloides
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             Abs.   Nelson, D. 1983.  Suspended sediment transport, North Inlet, South Carolina. Geol. Soc. Am.
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             Abs.   Nelson, D. 1983.   Resuspension and redistribution of sediments, North Inlet, South Carolina.
                    Estuaries 6: 316.


             826.   Nehring, S., P. Jensen, and S. Lorenzen. 1990. Tube-dwelling nematodes: Tube construction
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             764.   Ogburn, V., D.M. Allen, and W.K. Michener. 1988. Fishes, shrimps, and crabs of the North Inlet
                    Estuary, SC: Results of a four-year LTER seine and trawl survey. Baruch Technical Report
                    88-01.

             750.   Ornes, W.H. and D.I. Kaplan. 1989. Long-term macronutrient status of tall and short forms of
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                                                             J-11









             709.   Palmer, M.A. 1988. Epibenthic predators and marine meiofauna: Separating predation,
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             328.   Palmer, M.A., B. Kjerfve, and F.B. Schwing. 1980. Tidal analysis and prediction in a South
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             731.   Quick, P. and T.L. De Santo. 1989. Flight speeds and energy requirements for white ibises
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             876.   Pearlstine, L., H.N. McKellar, Jr., and W. Kitchens. 1985. Modelling the impacts of a river
                    diversion on bottomland forest communities in the Santee River floodplain, SC. Ecol. Modell. 29:
                    283-302.


             610.   Petit, D.R. and K.L. Bildstein. 1986. Development of formation flying in juvenile white ibises
                    (Eudocimus A!Ng). Auk 103: 244-246.

             675.   Petit, D.R. and K.L. Bildstein. 1987. The effect of group size and location within the group on
                    the foraging behavior of white ibises. Condor 89: 602-609.

             877.   Pickett, J., H.N. Mckellar, Jr., and J. Kelley. 1989. Community composition, leaf mortality, and
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             873.   Pinckney, J. and R.G. Zingmark. In press. Effects of tidal stage and sun angles on intertidal
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             Th.    Piyatiratitivorkul, S. 1988. The life history and bioenergetic relations in the grass shrimp,
                    Palaemonetes RIL@ Holthuris. Ph.D. Dissertation. Department of Biology, University of South
                    Carolina.


             Th.    Powell, W.E. 1985. Groundwater flow patterns beneath a forest - high marsh transect at North
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                    Carolina.


             881.   Ring, S. and F.H. Sklar. 1989. Simulating the long-term impacts of coastal development and
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                    Vol. 5.

             838.   Scholz, D.S., L.A. Matthews, and R.J. Feller. In press. Detecting selective digestion of
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             309.   Schwing, F.B. and B. Kjerfve. 1980. Longitudinal characterization of a tidal marsh creek
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                    Carolina continental shelf. J. Geophys Res. 88: 4719-4729.

             500.   Schwing, F.B., B. Kjerfve, and J.E. Sneed. 1983. Sea Level oscillations in a saft marsh lagoon
                    system. Anales del Instituto de Ciencias del Mar Y Limnol2gA 10(l): 231-236.






                                                              J- 12









              837.   Service, S.K. and R.J. Feller. In press. Long-term trends of sublidal macrobenthos in North
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              581.   Sharma, P., L.R. Gardner, W.S. Moore, and M.S. Bollinger. 1987. Sedimentation and
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              870.   Shepherd, P. T. Crockett, T. De Santo, and K.L. Bildstein. In press. The impact of Hurricane
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              783.   Sklar, F.H. and R. Constanza. 1991. The development of dynamic spatial models for landscape
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              Abs.   Sklar, F.H. and S. Ring. 1988. Ecosystem modeling using graphic-oriented programming; An
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              703.   Spurrier, J.D. and B. Kjerfve. 1988. Estimating the net flux of nutrients between a salt marsh
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              595.   Stancyk, S.E. and R.J. Feller. 1986. Transport of non-decapod larvae in estuaries: An
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              385.   Summers, J.K. and H.N. McKellar, Jr. 1981. The role of physical forcing functions in an
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              686.   Swift, L.W. Jr., and E.R. Blood. 1987. Drought impact research at two LTER sites. Proc.,
                     Southeastern Drought Symp. SC State Climatology Office Publ. G-30.

              725.   Turner, M.G., R. Costanza, and F.H. Sklar. 1989. Methods to evaluate the performance of
                     spatial simulation models. Ecol. Model. 48: 1-18.

              623.   Uncles, R.J. and B. Kjerfve. 1986. Transverse structure of residual flow in North Inlet, South
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              634.   Vemberg, F.J. 1988. The function of a pristine estuarine ecosystem. p. 15-24. In: The Ecology
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                                                              j- 13









             788.   Vernberg, F.J., R.G. Zingmark, R.F. Dame, S.E. Stancyk, B.C. Coull, R.J. Feller, D.M. Allen, K.L.
                    Bildstein, E.R. Blood, L.R. Gardner, T. Williams, F.H. Sklar, H.N. Mckellar, Jr., D. Childers, and
                    W.K. Michener. 1989. Long-term ecological research on the North Inlet forest-wetlands-marine
                    landscape, Georgetown, SC, p. 53-76. In: Barrier Island/Saft Marsh Estuaries of the Southeast
                    Atlantic Ocean: Issues, Resources, Status and Management. NOAA Estuary-of-the-Month
                    Seminar Series. No. 12.


             708.   Watwood, M.E., J. Fitzgerald, W.T. Swank, and E.R. Blood. 1988. Factors involved in potential
                    sulfur accumulation in water and soil from a coastal pine forest. Bio-aeochemistry 6:-3-19.

             713.   Webster, J., E. Blood, K. Cummings, M. Gurtz, and R.E. Sparks. 1985. Long-term research in
                    stream ecology. Bull. Eco. Soc. Am. 66: 346-353.

             Th.    Whiting, G.J. 1985. Nitrogen cycling in saft marshes: Tidal and gaseous,exchanges. Ph.D.
                    Dissertation. Department of Biology, University of South Carolina.

             564.   Whiting, G.J., H.N. McKellar, Jr., B. Kjerfve, and J.D. Spurrier. 1985. Sampling and
                    computational design of nutrient flux from a southeastern US saftmarsh. Estuarine Coastal Shelf
                    Sci. 21(3): 273-286.

             637.   Whiting, G.J., H.N. McKellar, Jr., B. Kjerfve, and J.D. Spurrier. 1987. Nitrogen exchange
                    between a southeastern U.S. salt marsh ecosystem and the coastal ocean. Mar. Biol. 95: 173-
                    182.


             738.   Whiting, G.J., H.N. McKellar, Jr., J.D. Spurrier, and T.G. Wolaver. 1989. Nitrogen exchange
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                    463-473.


             766.   Wilbur, A.E. and T.J. Hilbish. 1989. Physiological energetics of the ribbed mussel, Guekensia
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             588.   Wolaver, T., S. Hutchinson, and M. Marozas. 1986. Dissolved and particulate organic carbon in
                    the North Inlet Estuary - What controls their concentrations. Estuaries 9: 31-38.

             497.   Wolaver, T., W. Johnson, and M. Marozas. 1984. Nitrogen and phosphorus concentrations
                    within North Inlet, South Carolina - Speculation as to sources and sinks. Estuarine Coastal Shelf
                    Sci. 19(2): 243-255.

             583.   Wolaver, T., G. Whiting, B. Kjerfve, J. Spurrier, H. McKellar, Jr., R. Dame, T. Chrzanowski, R.
                    Zingmark, and T. Williams. 1985. The flume design - A methodology for evaluating material
                    fluxes between a vegetated saft marsh and the adjacent tidal creek. J. Exp. Mar, Biol. Ecol. 91:
                    281-291.


             655.   Wolfe, D.A., and B. Kjerfve. 1986. Estuarine Variability: An overview. p. 3-17. In: Estuarine
                    Variability. D.A. Wolfe (ed.)., Academic Press, NY.

             Th.    Young, B.L. 1989. Settlement, early mortality, and growth of sessile marine invertebrates.
                    Ph.D. Dissertation, Department of Biology, University of South Carolina.

             784.   Young, B.L. In press. Spartina acid zones: Preferred settlement sites of barnacles. J. Exp.
                    Mar. Biol. Ecol.










                                                              J- 14









              660.   Zagursky, G. and R.J. Feller. 1988. Application of immunoblotting dietary analysis, p. 117-129.
                     In: Immunochernical Approaches to Estuarine, Coastai and Oceanographic Questions. C.M.
                     Tentsch, F.C. Mague, and P.K. Horan (eds.). Springer-Verlag Coastal Lecture Note Series.

              697.   Zimmerman, K.M., S.E. Stancyk, and L.A. Clements. 1988. Substrate selection by the burrowing
                     brittlestar, Microphiopholis aracillima. mar. Behav. Physiol. 13: 239-255.

              Abs.   Zingmark, R. and G. Satcher. 1984. Long-term patterns of phyloplankton standing crop and
                     productivity in a saft marsh estuarine system. J. Phycolo y 20 (supple.): 58.

              645.   Zinnel, C.A. and M. Marozas. 1986. Evolution of scientific data entry techniques. p. 61-72. In:
                     Research Data Management in the Ecological Sciences. Belle W. Baruch Library in Marine
                     Science, No. 16. WX Michener (ed.). University of South Carolina Press, Columbia.




















































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  I                                       APPENDIX K
                            Letter from South Carolina Attorney General
  I                               Concerning Protective Control
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                                                     September 10, 1991


   SOUTH         Mr. Ole Varmer
                 General Counsel
   CMOLINA       Secretary of Commerce
   COASTAL       14th and Constitution Avenue, N.W.
   COUNCIL       Room 5851
                 Washington, DC 20230

   Ashley Corporate Center RE: S.C. N. - Inlet NERR
   4130 Faber Place
   Suite 300
   Charleston, S.C. 294m Dear Mr. Varmer:
   (8W) 744-5M
   FAX 744-5847      Thank you for your memorandum of August 26, 19919
   William W. Jones, Jr. stating the needs of the NOAA in the above referenced
   Chairman      matter.
   H, Wayne Beam, M.D.
   Executive Director On behalf of the Attorney General's office for
                 the State of South Carolina, I address each of the
                 remaining points of contention:

                 1.  The   State   of   South   Carolina   has    adequate
                     management authority over the areas proposed for
                     the NERR site.

                     As shown on the attached Exhibit A, the South
                     Carolina   Coastal   Council,    the   state    agency
                     responsible for overseeing the project, has full
                     authority over the NERR site.          (See Section
                     48-39-102 et seq., Code of Laws for the State of
                     South Carolina, 1976, as amended.)     As it relates
                     to the critical area "environment," there is no
                     question that the state has a legal right of
                     access to those areas for purposes of managing
                     the site and enforcing conditions associated with
                     the federal grant.     In terms of access by the
                     state and general public to areas owned by the
                     st'ate, there is a general legal presumption that
                     the state owns all lands below mean high water.
                     This ensures access to the tidelands and marshes
                     which predominate the NERR site.     Fast lands held
                     by the Baruch Foundation would require permission
                     for ingress and egress.     However, the fast lands
                     and highland portions of the site owned by the
                     Baruch Foundation are legally accessible by the
                     state for research and management pursuant to an
                     easement.   Attached Exhibit B is an agreement
                     entered into between Belle W. Baruch Foundation
                     and the University of South Carolina on March 22,
                     1972. By way of this agreement, the University





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                      has the use of such land as may be required to
                      construct a research facility thereon, and the
                      right-of-way and easement for ingress and egress
                      thereto.   Additionally, the University has use of
                      such land so long as the lands are being used for
                      research and other educational purposes.       It is
                      my opinion, based upon this agreement and upon
                      the Attorney General's letter of November 13,
                      1987, Exhibit C provided to you by Dr. Vernberg,
                      that the state has sufficient access to the site
                      to ensure research and management envisioned by
                      the NERR project.

                  2.  The University of South Carolina and Baruch
                      Institute are state entities.         (See attached
                      Exhibit D.)

                      Pursuant to state law, the S. C. Coastal Council
                  employs attorneys for the purpose of enforcement of
                  the provisions of the Coastal Zone Management Act.
                  However, these attorneys are controlled by the State
                  Attorney General's office. On behalf of the Attorney
                  General's office, I am authorized to convey to you
                  that the State of South Carolina will provide the
                  necessary legal service to ensure proper management
                  and enforcement of the NERR management plan.           Any
                  such legal service will be primarily provided by
                  South Carolina Coastal Council legal staff with
                  support from the Attorney General's office.

                      With regard to other questions posed to Mr.
                  Snyder, it appears to me that these matters were
                  adequately dealt with in the August 14, 1991, letter
                  from Dr. Vernberg.    Please contact my office should
                  this letter be insufficient for your purposes.

                                                      Sincerely,



                                                      C. C. Harness, III
                                                      General Counsel

                  0898A(87)
                  cc:  Dr. H. Wayne Beam
                       Mr. Christopher L. Brooks
                       Ms. Nancy B. Tecklenburg, Esquire
                       Mr. Steve Snyder
                       Dr. John Vernberg








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 I                           Organizations Endorsing the North InIet/Winyah Bay Project
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           ORGANIZATIONS ENDORSING THE NORTH INLET/WINYAH BAY PROJECT






           National Science Foundation
           NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center
           U.S. Department of Interior
           South Atlantic Fishery Management Council
           S.C. Wildlife and Marine Resources Department, Nongame and Heritage Trust
            Section
           S.C. Water Resources Commission
           S.C. Marine Educators Association
           S.C. Sea Grant Consortium
           Sierra Club South Carolina Chapter
           S.C. Institute of Archaeology and Anthropology
           S.C. Environmental Law Project
           S.C. Aquarium
           S.C. Coastal Conservation League
           Nature Conservancy of South Carolina
           International Center for Public Health Research, USC, McClellanville, SC
           Georgetown County League of Women Voters
           College of Charleston, Marine Biology Graduate Program
           Friends of the Coast
           DeBordieu Property Owners Association, Inc.




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                                                                       0  .
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   I                                          APPENDIX M
                                     WRITTEN AND ORAL COMMENTS
   I                                         pertaining to the
   I                 North Inlet/Winyah Bay National Estuarine Research Reserve DEIS/DMP
   I
   I
   I                          I.
   I
   I
   I
   I
   I
   I
   I



December 5, 1991

Dr. John Vernberg
Director, Belle Baruch Institute
University of South Carolina
COlumbia, SC 29208


Dear John:
 I am delighted that after all these years North Inlet is
going to be recognized with its inclusion into the
National Estuarine Research Reserve system. It is
certainly a most appropriate designation and will serve
to strengthen the NSF-supported work which has been
conducted over the past decade.

We at the S.C. Sea Grant consortium would be most
and education programs to be conducted within the area.
I am confident that we can attain a tremendous amount of
accomplishment for a small amount of cooperation and 
effort.

I am ready to assist you with the process of nomination
and implementation in any way that you deem suitable.
Please let me know how we may assist you.

Sincerly,

Margaret A Davidson
Executive DIrector
MAD/um


Response to Margaret A. Davidson

comments noted. The S.C. Sea Grant Consortium will be represented on the 
NI/WB Advisory Committee creating a formal avenue of communication. Over
the Years, Sea Grant has funded research and education projects involving
North inlet and every effort will be made by the Reserve to continue and
Expand upon these cooperative programs.





                                               South Carolina Environmental Law Project

                                                                                                     
                                                                        
                                                                                                             
                                                                                                                                                                  

                                                                    December 2. 1991                                                   

                                         Ms. Susan Durden
                                         National Oceanic and Atmospheric Administration
                                         Sanctuaries and Reserve Division
                                         1825 Connecticut Ave., N.W., Suite 714
                                         Washington, DC 20235

                                         Dr. F. John Vernberg
                                         Baruch.Marine;Lab
                                         P. 0. box 1630
                                         Georgetown SC 29442

                                                           Re: North Inlet/Winyah Bay MERR

                                         Dear Me. Durden and Dr. Vernberg:

                                              The South Carolina Environmental Law Project strongly supports
                                         the establishment of the North Inlet/Winyah Say National Estuarine
                                         Research Reserve. We urge NOAA to approve the designation of North
                                         Inlet and Winyah Bay as a Reserve.

                                              I have utilized the natural resources of North Inlet and
                                         Winyah Bay for over 30 years,, and for the last 10 years have worked
                                         as a concerned citizen and environmental attorney to protect those
                                         resourced.    Designation of this area as a HERR would help to
                                         heighten public awareness of both the extent of these resources. and
                                         the potential threats to this estuary.       North Inlet has already
                                         been recognized by the National Science Foundation, which has
                                         included it In its long-term ecological research program.           The
                                         close proximity of this relatively undisturbed area to Winyah Bay,
                                         which has. been Impacted by man's activities yet retain* notable
                                         ecological significance. presents abundant research opportunities
                                         to provide guidance to natural resource regulatory agencies such as
                                         the South Carolina    Coastal Council.
                                              I have heard     many of the reservations 'about this HERR
                                         expressed by local hunters and fishermen, who fear that the NERR
                                         designation would- lead to restrictions on their, recreational
                                         activities.   I believe that these reservations are unwarranted.
                                         Nothing In the proposed management plan gives any legal authority
                                         to restrict public use of these areas beyond that which already
                                         exists under present law.     As a recreational boater who believes
                                         strongly In public access to public trust resources. I would
                                         adamantly oppose any attempt to restrict public *access to North
                                         Inlet or Winyah Say.     As a member of the advisory committee for
                                         this proposed NEAR, I know that none of the supporters of this KENN
                                         have any intent to restrict public activities in the reserve areas
                                         I hope that you will not allow adverse comments based on
                                         misinformation about the NERR to Influence your decision on this
                                         NERR designation.
                                              The North Inlet/Winyah Say area would be a worthy addition to
                                         the National Estuarine Research Reserve.System, and I urge you to
                                         approve this proposed NERR.
                                                                               Yours very truly,



                                                                                James S. Chandler, Jr.

                                         cc: Dennis M. Allen





                                                               A Project of  Energy Research Foundation
                                                                              

										Response to James S. Chandler Jr.
							Comments noted: no response required
 







                                                                                                                                    Response to Dana Beach

                                                                                                         Comments noted: no response required.


                            A TH 14 BOLIN I
                            COASTAL
                            (MMM01A
                            LEAGUE



                                                            December 2, 1991


                              Dr. John Vernberg, Director
                              The Bar@ch institute
                              Uni  ve sity of South Carolina,
                              Columbia, SC 29298

                              Dear Dr. Vernberg,

                                  North Inlet is one of the most pristine marsh and estuary
                              Systems remaining In the United States. It is well-recognized
                              internationally for the research projects and education programs
                              it affords. it would clearly be in the best interest of the State
                              of South Carolina for North Inlet to be included in the National
                              Estuarine Research Reserve Program, and the South Carolina
                              Coastal Conservation League strongly supports this inclusion.


                                                                   Y,
                                                            [email protected], Executive Director
                                                            SC Coastal Conservation League









                                                                                                                                                                Response to T.M. Copeland

                                                                                                                                 Comments noted: no response required.



                                                              IDSOFTHECO-AST
                                                 P.O. BOX IHAS, COLUMBIA, SOUTH CAROLINA 29211
                                                                  (903) 7"-3847



                                                                       December 2, 1991



                                  John Vernberg, Ph.D.
                                  Director
                                  Ba "ch Marine Institute
                                  .niversity of South Carolina
                                  Columbia, South Carolina 29208

                                  Dear Dr. Vernberg:

                                        I have Kad the opportunity to visit and become familiar with
                                  the North Inlet/Winyah Bay site currently being proposed as an
                                  estuarine reserve.    I know of no other site on South Carolina's
                                  coast or along the coast of our southern Atlantic states which
                                  will afford better research opportunities.

                                       The site lends itself to the mission of the National
                                  Estuarine Research Reserve Program.     Not only are the waters and
                                  marshes of North Inlet undisturbed, the inclusion of Winyah Bay
                                  provides a laboratory of intense interaction between man and
                                  nature.     The juxtaposition of thesR environments provides
                                  research opportunities to explore long term problems currently
                                  confronting us. These research opportunities are limited only by
                                  the resources available and the ingenuity         of the scientific
                                  community.

                                        I heartily endorse the creation of the      North Inlet/Winyah
                                  Bay Estuarine Reserve.

                                                                       Sincerely,



                                                                       T.    Copeland
                                                                       Chairman








                                                                                                                                                                                                                              Response to Elizabeth A. Day

                                                                                                                                                                                   Comments noted: no response required.



                                                             The South Carolina Marine Educators AssociatiorCs Endommvtt
                                                       of the Proposed North Inlet/Winyah Bay National Estuarine Research Reserve



                                                     The South Carolina Marine Educators Association (SCMEA) acknowledges am fully
                                                 supports the University of South Carolina and the South Carolina Coastal Council in their
                                                 efforts regarding the proposed designation of the North Inkuwinyah Bay area as I
                                                 National Estuarine Research Reserve.


                                                     The primary goal of SCMEA. which is a chapter of the National Marine Educators
                                                 Association, is to provide a commurtications network for these interested in aquatic
                                                 education throughout South Carolina. This group of over 250 educatom scientists and
                                                 nartualists fully recognizes the importance of estuarine education and the vital role that it
                                                 plays in linking together scientists. educators and members of the general public in an effort
                                                 to increase public.awamness and appreciation of our coastal environment.


                                                     It is our collective responsibility to educate our youth about the vitally important mle
                                                 that these fragile estuarine ecosystems play. After all, these young people are our future
                                                 leaders and the protectors of the environment that all too many of us have, unfortunately,
                                                 taken for granted.


                                                     T'herefore. be it known that the South Carolina Marine Educators Association hereby
                                                 endorses the proposed Nattonal Estuarine Research Reserve plan for the North
                                                 In let/Winyah Bay system and, through its statewide and national network of educators,
                                                 scientists and naturalists, the Association wW promote the establishment of this
                                                 irreplaceable ecosystem as a National Estuarine Research Reserve.




                                                                                             Elizabeth A. Day
                                                                                             President. SCMEA
                                                                                             November 27, 1991







                                                                                                                                                 Response to carol Winous

                                                                                                                    Comments noted: no response required.
                                            GEORGETOWN COUNTY
                                         LEAGUE OF WOMEN VOTERS
                                                      P. 0. BOX 18
                                                GEORGETOWN, S. C. 29442






                             No 4 4


                              7-2 5-                     -71
                             tv           C-    0 J S S'








                                                                                     a,

                                7








                                                                        k. r"q
                                            1P


                                        1@01



				SOUTH CAROLINA AQUARIUM
				CITY OF CHARLESTON
				116 MEETING STREET
				CHARLESTON, s.C. 29401
				TELEPHONE (803) 724-3784
				FACSIMILE (803) 724-3772

		December 2, 1991

Ms. Susan Duren
NOAA
Sanctuaries and Reserve Division
1825 Connecticut Avenue, NW, Suite 714
Washington, D.C. 20235

Dear Ms. Durdan:

	On behalf of the South Carolina Aquarium, we appreciate this opportunity
to comment on the designation of the North Inlet area near Georgetown, South
Carolina, as a National Estuarine Research Reserve. We Wholeheartedly endorse
the designation of this unique biological and cultural resource as a NERR.
The area in one of the great natural treasures of South Carolina and the
nation. NOAA and South Carolina, through this designation, will be able to
offer the public and scientists increased accesss to one of the finest
estuarine systems for education and research.

	The baruch Institute and the Baruch Foundation are leaders in every
aspecr of the development of environmental education about our marine and
estuarine systems in South Carolina. Many of the public and school marine
education programs in South  Carolina owe their beginnings to efforts that stem
from the work of the Baruch staff. As the NERR system throughout the country
has greatly contributed to public understanding of the marine and estuarine
ecosystem, the North Inlet NERR has the potential to be a star in the national
system, given the past record of the work accomplished by the Baruch staff.

	The South Carolin Aquarium will be premier environmental education
ijnstitution for South Carolina, Without resources throughout the South
Atlantic region such as those offered by NOAA's National Estuarine program,
however, its mission would be gravely lessened. To adequately continue and
strengthen important and we hope that NOAA will recognize this critical role
by the designation of North inlet.
		
			Sincerely,

			Henrietta S. Wilson
			Coordinator

cc: Mayor Joseph P. Riley
    Dr. John Vernber, Baruch Institute

Response to Henrietta S. Wilson

Comments noted: no response required.




                                                               SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL

                                                       I SOUTHPARK CIRCLESUITE 306                                              CHARLESTON, SC 29407-4699
                                                                                                Telephone (803) 571-4366
                                                                                                  Fix (803) 7694520
                                                                                                                                                                                                       Response to SUsan Shipman                                              
                                                       Susan Shipman, Chairman                                            Robert E. Mahood, Executive Director
                                                       Curtis W. Bostick, Vice Chairman                                                                                                               Comments noted: no response required.
                                                                                                           December 13, 1991



                                                       Ms. Susan E. Durden Regional Manager
                                                       Sanctuaries and Reserves Division
                                                       Office of Ocean and Coastal Resources Management
                                                       NOS/NOAA
                                                       1825 Connecticut Avenue. N.W.
                                                       Suite 714
                                                       Washington.D.C. 20235

                                                       Re: Proposed National Estuarine Research Reserve- North Inlet-Winyah Bay, South Carolina

                                                       Dear Ms. Durden:

                                                           Ile South Atlantic Fishery Management Council (SAFMC), one of eight Regional Councils
                                                       established by the Magnuson Fishery Conservation and Management Act of 1976, is charged with
                                                       developing and monitoring management plans for fisheries from the territorial waters of North and
                                                       South Carolina, Georgia and Florida's cast coast offshore to the 2O0-mile limit. In this regard, the
                                                       SAFMC ensures that the United States obtains the best use of the fishery resources in its
                                                       geographical area of responsibility. Any loss or degradation of estuarine habitat is of concern to
                                                       the Council because most offshore fishery resources we directly or indirectly dependant upon these
                                                       habitat.

                                                           Recognizing-that all species we dependent on the quantity and environmental quality of their
                                                       essential habitats, it is the policy of the SAFMC to protect. restore and develop habitats upon
                                                       which all species fisheries depend. to increase their extent and to improve dark productive capacity
                                                                                                                   
                                                       for the benefit of present and future generations. For purposes of this policy, habitat is defined to
                                                       include all those things physical, chemical and biological that are necessary to the productivity of
                                                       the species being managed. Further, the SAFMC is directed by die Magnuson Fishery
                                                       Conservation and Management Act (MFCMA) to consider protection of habitat essential to
                                                       fisheries under Council jurisdiction. The MFCMA enables the SAFMC to address habitat concerns
                                                       in two fashions: through the expansion of habitat sections of fishery management plans; and
                                                       through commenting directly to agencies regarding ongoing or proposed activities affecting
                                                       essential habitat.

                                                           The SAFMC. pursuant to the goals and objectives of our habitat policy and our mandate
                                                       through the MFCMA, endorses the designation of the North Inlet-Winyah Bay National Estuarine
                                                       Research Reserve in South Carolina. The SAFMC feels that the preservation of essential estuarine
                                                       nursery habitat through the reserve program is consistent with the habitat polcies of the Council
                                                       and will enhance achievement of the goals and objectives of fishery management plans and
                                                       amendments to those plans. This program will facilitate needed research and increase public
                                                       awareness of the vital role estuaries play in supporting inshore, nearshore and offshore fishery
                                                       resources. Enclosed am copies of our fishery management plans and amendments that include
                                                       sections identifying important fishery and habitat research several of which am applicable to the
                                                       North Inlet research reserve program.

                                                           Conservation and management of our nations fishery resources in the Exclusive Economic
                                                       Zone is the mandate of the Council. Without wise stewardship of habitat that supports these
                                                       fisheries, the goals and objectives of fishery management plans approved by the Secretary of
                                                       Commerce cannot be achieved. Thank you for the opportunity to comment.

                                                                                                           Sincerely,



                                                                                                           Susan Shipman
                                                                                                           Chairman


                                                       enclosure:

                                                       oc. SAFMC Members
                                                           SAFMC Habitat AP
                                                           Kermmerer/Mager SERO
                                                           Hall NMFS/NOAA
                                                           Graham DOC/NOAA
                                                           Vemberg Baruch Inst.USC
 








                                                                                                                                       Response to Robert H. Mitchell, Jr.                   

                                                                                                                              Comments noted: no response required.

                                              DeBordieu Property Owners Association, Inc.
                                                            Post Office Box 1673
                                                          Pawleys Island, S. C. 29585

                                                             December 12, 1991


                                         Ms. Susan Durden
                                       NOAA Sanctuaries and Reserve Division
                                       1825 Connecticut ave nw, Suite 714
                                       Washington. DC 20235

                                       Re: North Inlet/Winyaw Bay HERR

                                       Dear No. Durden:

                                       Wendell Hinson, representing the DeBordieu Property owners
                                       Association ("DPOA", an independent homeowners association),
                                       attended the public hearing recently and reported to us
                                       concerns raised at that meeting relating to public access.

                                       We have be,briefed from time to time by Stuart Hope. one
                                       of two members from DeBordieu on the committee to draft the
                                       management plan. DPOA had two main concerns in the
                                       beginning. One, that the present public usage of the North
                                       Inlet area not be changed and, secondly, that the DeBordieu
                                       can I Yates not be subjected to any addtional control over
                                       that presently in effect.

                                       Mr. Hope has relayed to us the cooperation that was extended
                                       to the committee members in answering their concerns and the
                                       eforts that were extended to all parties to make the plan
                                       address these concerns in very specific language.

                                       Specifically. as respects DeBordieu, the plan's language
                                       that all traditional uses will not be changed seems to be
                                       clear and unambiguous. The fact the DeBordieu canal system
                                       was not  included in the research reserve answered the other
                                       concern we had.

                                       We have reviewed the proposed plan and feel that it is
                                       something we can and do support.

                                                                    Sincerely your

                                                                     Robert H. Mitchell, Jr.
                                                                    President

                                       cc: Dr. F. John Vernberg
                                          Stuart Hope
                                          Windell Hinson







                                       YOUR INDEPENDENT PROPERTY OWNERS ASSOCIATION
 









                                                                                                                                                                              Response to Alfred H. Vang                           

                                                                                                                                                                  Comments noted: no response required.
                                                             South Carolina Water Resources Commission

                                                             1201 Main Street. Suits  1100  Columbia, SC 29201 [1 Telephone (803) 737-O8O0




                                       Alfred H Vang                                        December 2, 1991
                                         Executive Director



                                             Dr. John Vernberg
                                             Baruch Institute
                                             University of South Carolina
                                             Columbia, South Carolina 29208

                                             Dear Dr. Vernberg:

                                                       I as writing to support your effort to have North Inlet established as
                                             NOAA Moline Estuarine Research Reserve. Over the years I have followed the work
                                             fostered by the Baruch Institute. As an agency we have made use of your research
                                             and have hired employees who learned their scientific methodology there.

                                                       The long period of data collection for North Inlet in of the utmost value.
                                             It give. us an opportunity for estuarine research that exists In comparable form
                                             In few other places. none in the Southeast that I am aware of.

                                                       Too often I hear in my and of the water business: Let's use it all before
                                             it just runs off into the ocean. " What you offer through the many years of data
                                             collection is the ability to determine just what it moons to an estuary to
                                             receive toss fresh water. Your Information relates to droughts. but it would be
                                             the same under any condition that causes low flows. As the water planning agency
                                             for South Carolina. the Water Resources Commission must know the estuary needs.
                                             Not just an "at first blush" look, but an in depth one with real, long term data
                                             support.   When there are low flows (freshwater) and animate are stressed. what
                                             difference does the quality make then?        Doe. the level of pollution. or type
                                             (heavy metals) of pollution make any difference?

                                                       There are many other reasons for which I could personally support North
                                             Inlet as a Marine Estuarine Reserve; however. I will keep this to my official
                                             capacity. Please let me know it there is anything else I can do.
                                                                                          
                                                                                            Sincerely,

                                                                                            Alfred H. Vang                                                                                            
                                             AHV/kan						Executive Director
 








                                                                                                                                                   
                                                                                                                                   Response to Jonathan P. Deason
                                                                                                                       Comments noted: no response required.

                                                                                         TAM
                                          United States Department of the Interior

                                                       OffICE 0F THE SECRETARy
                                                         Washington, DC. 20240                                                         

                                in Reply Refer To:
                                ER 91/984
                                                                            JAN 2 1992
                                Ms. Susan E. Durden
                                Regional   Manager
                                Sanctuaries and Reserves Division
                                office Of Ocean and Coastal Resource Management
                                National Ocean ServIce/NOAA
                                1825 Connecticut Avenue, N.V., Suite 714
                                Washington, D.C. 20235

                                Dear No. Durden:

                                The Department of the Interior (Department) has reviewed the
                                Draft Environmental Impact Statement/Draft Management Plan
                                (DEIS/DMP) for the Proposed North Inlet/Winyah BAY National
                                Estuarine Research Reserve. The Department supports designation
                                of North  Inlet/Winyah Bay as a National Estuarine Research
                                Reserve.

                                The Department's Fish and Wildlife Service (FWS) In a key
                                resource management agency in the Worth Inlet/Winyah Day
                                geographic area. The FWS has an ongoing long-term Ecological
                                Research project an well as many other educational and research
                                oriented activities which have made many positive contributions
                                to difficult resource management decisions. The establishment of
                                this research reserve will faster the continuation of these
                                Important contributions.

                                The Department agrees that valuable natural resources will be
                                protected for long-term research and education by designation of
                                this research reserve. Moreover, applied research at the reserve
                                Will potentially benefit estuarine resource protection over a
                                wide geographic area.

                                We appreciate the opportunity to comment an the DEIS/DMP for this
                                proposed action and look forward to the future site designation.
                                If you have any additional questions regarding our comments, you
                                may contact Ken Havran In the office of Environmental Affairs at
                                208-7116.

                                                             Sincerely,




                                                                         Jonathan P. Deason
                    								     Director
                                                               office  of Environmental Affairs
 







                                                                                                                                                                                                                              Response to Dr. Callahan                                      

                                                                                                                                                                                                                Comments noted: no response required.
                                                                                       NATIONAL SCIENCE FOUNDATION
                                                                                       Division of Biotic Systems and Resources
                                                                                                 Washington, DC 20550


                                                      Ecosystem Studies Program                                                                            (202) 357-9598
                                                      James T. Callahan                                                                   E-mail: [email protected]



                                                      2 December 1991




                                                      Dr. F. John Vernberg. Director
                                                      Belle W. Baruch Institute for Marine Bioko and Coastal Research
                                                      University of South Carolina
                                                      Coloumbia, SC 29208


                                                      Dew Dr. Vernberg;


                                                      it has come to my attention that application has been made to include the North Inlet/Winyah, Bay system in
                                                      the National Estuarine, Research Reserve network on behalf of the National Science Foundation's Long-Term                                                 
                                                      Ecolgical Research and Ecosystem Studies Programs, let me add our unqualified and enthusiastic
                                                      endorsement to that application.

                                                      The research and education programs of the Baruch Institute, including those having to do with the South
                                                      Carolina coast. are well recognized at both national and international levels. Iclusion in  the NERR network
                                                      will, undoubtedly. strengthen these programs as, well as contribute substantially to national coastal research
                                                      efforts. Equally, the NERR designation should have a large positive effect on state county, and locall formal and
                                                      informal education programs.

                                                      Of course, the essentiality of first-class basic research to efforts aimed ad improved coastal resource management
                                                      goes almost without saying. The North Inlet/Winyah Bay system offers an excellent, nearly unequaled,
                                                      opportunity for long-term comparative research  based on the  contrast between the two parts of the system. North
                                                      Inlet (newly pristine) and Winyah Bay (subject to intense bureau activity).

                                                      Let me conclude by saying; that the North Inlet/Winyah Bay System is an irreplaceable member of the
                                                      Foundation's LTER network, and will, I am sure, be equally valuable to the National Estuarine Research Reserve
                                                      network.




                                                      Sincerely,
                                                      
                                                      James T. Callahan, ph. D.
                                                      Associate program Director
                                                      Ecosystem  Studies
 








                                                                                                                                                                  

                                              GEORGETOWN                                    Post Office Drawer 1270
                                                       COUNTY                               715 Prince Street                                                  
                                                                                            Georgetown, South Carolina 29442                                  
                                                          SOUTH                             Telephone (803) 5464189
                                                   CAROLINA                                 Fax (803) 546-4730                                                 
                                                                                                                                                               




                                                                                          October 16, 1991





                                           Mrs. Susan Darden
                                           Manager of Atlantic & Great Lakes Region
                                                Sanctuaries and Reserves Division
                                           Office of   Ocean and COastal Resources management
                                           1825 Connecticut Avenue, N.W., Suite 714
                                           Washington DC   20235

                                           Dear Mrs. Durden:
                                                   I have r:viewed the -North inlet/Winyah Bay Draft Environmental
                                           impact Sta m nt and Draft Management Plan".
                                                   Georgetown County has a Flood Damage Prevention Ordinance.              This
                                           ordinance was modelled after FEMA guidelines and we are regularly
                                           in Dected by FEMA to insure compliance in           flood prone areas.          FEMA
                                           continues to express concern the structures an the Baruch property do
                                           not comply with our ordinance.         The draft report indicates the plan
                                           includes additional facilities yet it does not address whether these
                                           will conform to local  ordinances.      This issue places the County
                                           between FEMA and the State.
                                                  Because the property is in a          flood zone FEMA expects full
                                           compliance.      However, the University      as an agency of the State may be
                                           exempt from local requirements, at Least that appears to be the
                                           University's pcsition.        I request the issue be resolved so the County
                                           will have a clear understanding of our role.
                                                   second, while I know the purpose of a research facility does not
                                           alway reflect the public's interest in water access and recreational
                                           interests those needs are clearly evident in Georgetown County.               This
                                           morning          paper reports that boating needs exceed available public
                                           facilities. Is it possible for the Plan to consider dedication of
                                           some property to open public access while maintaining the integrity Of
                                           the Research Reserve?

							Response to County Administrator, Georgetown County, South Carolina

							The research laboratory destroyed by Hurricane Hugo is being constructed with
							support from FEMA and Therefore will conform to FEMA regulations.
						No plans exist to provide public access by land to accommodate boat usage of the
						Reserve.

 








                                                                                                                                               Response to Bruce Rippeteau                       
                                                                                                                                       Comments noted: no response required.


                                           THE UNIVERSITY OF SOUTH CAROLINA

                                     SOUTH CAROLINA INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY



                                     Bruce F. Rippeteau, Ph.D.


                                                                              27 November 1991

                                       Dr. John Vernberg
                                       Belle  W. Baruch institute
                                          for Marine Biology and Coastal Research
                                       EWS    609
                                       The University of South Carolina
                                       CAMPUS

                                       Dear John:

                                              The North Inlet/Winyah Bay National Estuarine Research
                                       Reserve is.nearing reality and I again want to add my strong
                                       support to your efforts.

                                              Clearly the proposed Reserve would strengthen your very
                                       large Baruch program on research in coastal areas. Also it
                                       would similarly bolster Baruch and other USC educational
                                       programs in Georgetown.

                                              Finally, I'm for the Reserve because it would also serve
                                       to enhance protection of our submerged riverine, estuarial,
                                       and coastal cultural resources from both prehistory and
                                     history, for which, under state law, I am responsible.

                                              North Inlet/Winyah Bay National Estuarine Research
                                       Reserve should be favorably acted upon by NOAA, in my
                                       opinion.

                                                                              Sincerely,



                                                                              Bruce Rippeteau
                                                                              Director and
                                                                              State Archaeologist

                                       /cs










                                               1321 Pendleton Street SC.29208-0071- (803)777-8170- 734-0567- 799-1963
 







                                                          South Carolina                                         James A, Timmerman, Jr. Ph D.
                                                                                                                           Executive Director                                                              
                                                          Wildlife & Marine                                              W Brock Conrad, Jr.                                                                                                                                 
																			          Director  of
                                                          Resources Department                                   Wildlife and Freshwater Fisheries                           
                                                                                                                                                                  
                                                                                                                                                                  
                                                                                                                                                                  
                                               November 27, 1991                                                                                                  


                                               Dr. F. John vernberg
                                               127 South Edisto Ave.
                                               Columbia, S. C. 29205

                                               Dear Dr. vernberg:

                                               I am writing to support establishing a National Estuarine Research
                                               Reserve at North Inlet, Georgetown county.

                                               in my work directing our Department's programs to protect
                                               endangered and threatened wildlife and critical natural areas, I
                                               have long been aware or the difficulties involved In assessing the
                                               impacts of development and discharges of various pollutants on
                                               natural ecosystems.           it to almost impossible to make these
                                               assessments without having some "benchmark" area which is one
                                               relatively free of disturbance. In my opinion, North Inlet is one
                                               such area, and practically the, only one an the northern South
                                               Carolina coast. If North Inlet is to fulfill its potential as a
                                               control area against which the effects of management practices can
                                               be measured, It Is essential that this area be afforded a high
                                               level of protection. Designation as a National Estuarine Research
                                               Reserve is certainly one way to accomplish this, and probably the
                                               best way. Contributing to the value or North Inlet as a reserve to
                                               its long history or research and baseline of existing data. The
                                               long-standinq program         of research carried out at the Baruch
                                               Institute has provided an Irreplaceable set of reference data,
                                               which provides, In effect, a *calibration" for future research
                                               Projects.
            
                                               It is also noteworthy that North Inlet and adjoining properties of
                                               the Baruch Institute are part of the *Carolinian - South Atlantic
                                               Biosphere Reserve" administered by the U. S. Man and the Biosphere
                                               Program (MAB) . MAB is an international program administered by
                                               UNESCO concerned with the broad question or sustainable
                                               development. The U. S. MAB program in an Interagency consortium
                                               administered by the U. S. Department or state.  As part of a
                                               worldwide Biosphere, Reserve system, the North Inlet Estuary and
                                               Baruch Institute lands could be a focus of worldwide attention for
                                               future research.

                                               I wholeheartedly endorse inclusion of North Inlet Estuary in the
                                               NERRS system.





                                               Chief, Nongame & Heritage Trust Section





                                               Rembert C. Dennis Building P 0. Box 167 Columbia, South Carolina 29202 Telephone: 803-734-3006

								Response to Thomas S. Kohlsaat
					Comments noted. As noted by the commenter, North inilet is part of the man
					and the Biosphere Program (MAB). Because of the pristine nature of North Inlet
					and the existence of a long record of research, including an extensive
					database, the NI/WB Reserve anticipates playing an important role in MAB-
					related research and educational programs.

 








                                                                                                                                                        Response to Robert R. KHer

                                                             V
                                                            1'tif'  U1101TED STATES DEPARTMENT OF COMMERCE                Comments noted: no response required.
                                                             T      Istional Oneonta and Atmospheric Administration
                                                                    NATIONAL MARINE FISHERIES SEWCE
                                                                    Sou theast Fisheries Science Center
                                                                    Charleston Laboratory
                                                                    P. 0. Box 12607
                                                                    Charleston, SC 29422-2607

                                                                    November 27, 1991


                                      F. John Vernberg
                                  Director, Baruch Institute
                                    for Marine Biology and Coastal Research
                                  University of South Carolina
                                  Columbia, SC 29208


                                  Dear Dr. Vernberg,

                                       This letter Is in support of inclusion of North Inlet in the
                                  National estuarine Research Reserve System. North Inlet Is an
                                  extremely valuable study site for long term research primarily
                                  because of its pristine state and the extensive and long term
                                  data base developed to characterize it. There are few, if anyr
                                  remaining.

                                       If adopted by the Reserve System, North Inlet will become
                                  part of a national network that will lead to Strengthening of its
                                  research and monitoring programs. This is very important to
                                  develop the sophisticated environmental research needed. Our
                                  laboratory, as you know, is conducting long term ecological
                                  research in North Inlet.  It is Imperative that the estuary
                                  remain as it is for us to continue this research. Remaining the
                                  same means that no further development is allowed but also
                                  requires that traditional uses continue. The Reserve System will
                                  maintain the estuary as it is. The Reserve System will also
                                  enhance the funding of research in this area leading to improved
                                  protection of similar estuaries along our coast. All of our
                                  citizens will benefit.

                                                                    Sincerely,




                                                                    Robert R. Kifer
                                                                    Laboratory Director









                                                                                                   A


The Nature Conservancy of South Carolina
2231 Devine Street, Suite 100
PO Box 5475
Columbia, South Carolina  29250
803-254-9049
FAX  803-252-7134

November 27, 1991

Dr. John Vernberg
Baruch Institute
University of South Carolina
Columbia, SC 29208

RE:	Proposed North Inlet/Winyah Bay National Estuarine
	Research Reserve

Dear Dr. Vernberg,

This letter is to show The Nature Conservancy's support of the
proposed National Estuarine Research Reserve status for North
Inlet/Winyah Bay.  The research and educational activities
associated with the NERRS program here will be of great benefit to
the citizens of Gerogetown County and the state of South Carolina.

The protection of undisturbed estuaries is an important state and
national goal.  Please call on us if the Conservancy can be of any
assistance in the designation process.

Sincerely,

Patrick Morgan
Executive Director

Response to Patrick Morgan

Comments noted: no response required.








                                                                                                                                                                                                                       Response to Nancy Vinson

                                                                                                                                                                            Comments noted: no response required.



                                                              SIERRA CLUB South Carolina Chapter
                                                                wepk@ eopy and P- thr - s 1@s. - -Idde ad @A*--

                                                                 P.O. Box 12 112 Columbia, SC 29211 (903) 2W9487

                                                                                                         December 2, 1991


                                                 John Vernberg, Ph.D.
                                                 Director of Baruch Institute
                                                 Earth Water & Science Bldg.
                                                 University of South Carolina
                                                 Columbia, South Carolina


                                                 Dear Dr. Vernberg;

                                                        I am writing you in support of the National Estuarine Reserve Site proposed for North
                                                 Inlet, South Carolina. The educational and tescarch programs associated with a National
                                                 Estuarine Research Site would be wonderful for South Carolina. Long-term baseline
                                                 resewch is especially needed with our rapid coastal development.

                                                        It seems logical to build upon the research and educational foundation already
                                                 established by the Baruch Institute at North Intel. With no acquisition costs at the North
                                                 Inlet location, it would seem that NOAA would be making the best use of its funding for a
                                                 National Estuarine Reserve Site.

                                                        Sierra Club whole heartedly supports the establishment of a National Estuarine
                                                 Rcse"c Site at North Inlet, South Carolina. Please keep us advised of your progress.



                                                                                                         Sincerely,



                                                                                                         Nancy Vinson
                                                                                                         Chapter Representative


University of South Carolina
Columbia, S.C. 29208

Public Health

National Center for Public Health Research
   99
     ville, South Carolina 29458
       or 527-1372

December 2, 1991

Dr. John F. Vernberg, Director
    elle W. Baruch Institute for
Marine Biology and Coastal Research
University of South Carolina
Columbia, SC  29208

Dear Dr. Vernberg:

	I am writing to you in support of the establishment of a
National Estuarine Reserve to encompass the North Inlet area of
Winyah Bay.  South Carolina is fortunate to have such an area
available for preservation, recreation and research.  There is
desperate need for such an area to serve as a baseline when
measuring the effects of man on the balance of South Carolina's
coastline and when developing meaningful strategies for management
of the coastal zone.

	Our research and training activities here at the Center
address the potential for mosquito- and tick-borne diseases along
coastal South Carolina and the effects of the control of pest
mosquitoes on the coastal environment.  Since development of
coastal areas often affects the mosquito\fly production in these
areas (often positively), it is important that we have undisturbed
areas in which to conduct research and to serve as natural
classrooms for demonstrating to students and biological and
economical importance of estuarine ecosystems.

	This Reserve would be a unique national resource and a focus
for further development of ecotourism in the Georgetown area.  It
should be seen as a step to preserve the quality of life now
enjoyed by the area's residents.

Sincerely,

Dwight Williams
Dirctor


Response to Dwight Williams

Comments noted.  The Baruch Institute has cooperative research projects with the School
of Public Health.  Future research dealing with human health and environmental health is
important and will be pursued.  The Reserve will welcome the opportunity to contineu this
interaction especially in the area of vector borne diseases.



Graduate Program Marine Biology
205 Fort Johnson
Charleston, S.C. 29412
(803) 795-3716

December 2, 1991

Dr. John Vernberg, Director
Belle W. Baruch Institute
  for Marine Biology
The University of South Carolina
Columbia, SC  29208

Dear Dr. Vernberg:

	This is a letter in support of the proposal to establish A North Inlet/Winyah Bay National
Estuarine Research Reserve.  Within this system is one of the largest virtually pristine and valuable
coastal wetland systems in the southeastern United States.  Its value is attested to by the inclusion of
the system in the National Science Foundation's Longterm Ecological Research Program.  The
importance and value of the system has been well documented in the continuing series of publication
resulting from the LTER program.  I believe that designation as a National Estuarine Research
Reserve is entirely appropriate and needed.  Please distribute this letter as you see fit.

Sincerely yours,

Robert Karl Johnson, Director
Graduate Program in Marine Biology

Participating Institutions:  The Citadel, College of Charleston, Marine Resources Division of South
Carolina Wildlife & Marine Resources Department, and The Medical University of South Carolina


Response to Robert Karl Johnson
Comments noted: no response required.


Page 2
Ms. Durden
October 16, 1991

I appreciate this opportunity for input.

Sincerely,

Gordon W. Hartwig
County Administrator

GWB:k1

cc:  Mr. David Cottingham
	Director, Ecology & Environmental Conservation Office
	U.S. Department of Commerce, Room 6814
	Washington, DC  20230

	Mr. Steven Synder
	SC Coastal Council
	Ashley Corporate Center
	4130 Faber Place, Suite 300
	Charleston, SC  29405

	Mr. F. John Vernberg, Project Manager
	Belle W. Baruch Institute
	University of South Carolina
	Columbia, SC  29208















                                                                                                                                                            Response to Federal Emergency Management Agency


                                                                                                                                                 The new laboratory building on the Reserve site is being constructed with partial
                                                                                                                                                 funding from FEMA and it conforms to all FEMA regulations and those of
                                                                                                                                                 Georgetown County and the State of South Carolina. Any future buildings will also
                                                             Federal   Emergency 'Ll4anagernent Agency
                                                                                                                                                 conform to these regulations and to NFIP requirements.
                                                                         Washinpon, D,C. 20A72



                                                                          December 9, i9gi


                                                Ms. Susan E. Durdan, Regional Manager
                                                Sanctuaries and R*servea Division
                                                office of Ocean and Coastal Resource Management
                                                $4tiOnal oceanic and Atmospheric Administration (ROAA)
                                                1925 Connecticut Avenue, N.W., suits 714
                                                Washington, D-C, 20230

                                                Door Ms. Ourdan:

                                                This is in response to your request for comments an the Draft
                                                Environmental impact statement and Draft Management Plan for North
                                                inlet/Winyah Bay National Estuarine Research Reserve. Our Regional
                                                Office in Atlanta, Georgia reviewed the draft and has provided us
                                                with coimant3 which I have attached. our primary concern is that
                                                any structures built as research facilities in the Reserve fully
                                                comply with the floodplain management requirements of the National
                                                Flood Insurance Program (NFIP).     AS indicated in the Rogion-s
                                                %a orandua, the area is a coastal high hazard area or V-zone
                                                subject not only flooding, but also to wave impacts resulting from
                                                Hurricanes. both the original laboratories that word destroyed by
                                                Hurricane Hugo and the trailers which now temporarily house the
                                                labs appear to be constructed In violation of these requirements.

                                                Designation of the area as a National Estuarine Research Reserve
                                                and the eligibility or the Ross- for Podaral funding makes the
                                                plan subject to the requirements of Executive, Order 11988,
                                                Floodplain Management (copy attached). At & minimum, this requires
                                                that NOAA time the Executive- Order 11988 pXanninq Proceed to
                                                "aluate the plan and that any structures built in the Reserve meet
                                                the minimum requirements of the HPIP. These issues should he fully
                                                addressed in "a rinal EIS and management plan.
                                                It you have any questions regarding these comments or require
                                                assistance in addressing floodplain management issues, Piss&* call
                                                as at 201-646-2711 or contact the Natural and Technological Hazards
                                                Division of FEMA's Region IV Office. The address and phone number
                                                are. 1371 Peachtree Street, HE, Suit* 700, Atlanta, GOQrgi& 30309,
                                                (404) 853-4400.
                                                                               Sincerely,



                                                                               Frank ff. Thomas
                                                                               Assistant Administrator
                                                                               Office of l4sa Reduction
                                                                               Federal insurance Administration


EXCERPT OF FEMA LETTER OF OCTOBER 8, 1991, WHICH EXPRESSES THE
AGENCY'S ON-GOING CONCERN

7.	Baruch Lab-It is unclear as to what the data submitted
actually means.  The State's legal opinion, number 4439,
seems to indicate that the State is required to comply with
regulations and ordinances governing construction, but not
subject to the enforcement provisions of the local
ordinance.  Local governing bodies must apply to the courts
for injunctive or other relief when it's ordinances are
violated.

The County Attorney should offer his interpretation of these
issues.  The County must monitor all development at the
Laboratory site to insure the provisions of the local
ordinances are being adhered to and provide a status report
to this office.



DEPARTMENT OF THE ARMY
CHARLESTON DISTRICT CORPS OF ENGINEERS
PO Box
CHARLESTON, S C  

December 9, 1991

Planning Branch

Ms. Susan S. Durden, Regional Manager
Sanctuaries and Reserves Division
Office of Ocean and Coastal Resources Mgmt
National Ocean Service/NOAA
1825 Connecticut Ave., N.W. - Suite 714
Washington, DC  20235

Dear Ms. Durden:

	The Charleston District has reviewed the North Inlet/Winyah
Bay National Estuarine Research Reserve, Draft Environmental
Impact Statement (EIS) and Management Plan with particular focus
on the relationship of the proposed action to Corps of Engineers
activities in the Winyah Bay area.  The following observation
and recommendation are provided.

	Due to increasing scarcity of upland dredged disposal sites
for Winyah Bay channel maintenance dredging, the S. C. State
Ports Authority has recently completed a ranking of twenty (20)
alternative dredge disposal sites for potential future use
(Winyth Bay Dredged Material Placement Study: Initial
Alternative Site Ranking October 1991).  Four of the sites
ranked are within the proposed North Inlet/Winyah Bay National
Estuarine Research Reserve.  Because of their effect on wetlands
and open water areas.  These four sites dropped from initial
consideration but there is high probability that these sites
will be required in the future as upland disposal sites become
even more scarce.  In Appendix C of the Draft EIS (Federal
Register) it is stated in some detail on page 29942 Sec. 921.1
that habitat manipulation activities will be carefully limited
in the proposed reserve.  This Section does not specifically
mention dredge disposal, but we believe that the four sites
referred to above, which have not been designated for dredge
disposal to date, would be prevented.  Because of the high
probability that at least one of these four sites will be
necessary for future maintenance of the Federal channel through
Winyah Bay to Georgetown, some provision should be incorporated
into the Management Plan to allow for the future establishment
of disposal sites.  The appropriate NEPA considerations could be
accomplished at that time.

Response to Planning Branch, Department of the Army, Charleston District Corps of
Engineers

	The Management Plan recognized the importance of the Georgetown Port and the
continued maintenance of the shipping channel.  Page 71 of the Management Plan
states: "Under State and Federal guidelines, no dredging or other disturbances of
marsh vegetation would be allowed here even if the Reserve did not exist.  If these
guidelines are changed, the goals of the Reserve would not be altered in that one of
the research objectives is to compare ecological responses of a man-influenced
estuary (Winyah Bay) with an undisturbed estuary (North Inlet).  Hence the
establishment of the Reserve would not limit the maintenance of existing shipping
channels."

The North Inlet/Winyah Bay NERR, therefore, acknowledges the possible future need
for dredged material disposal areas within the Winyah Bay portion of the Reserve,
whether existing or yet to be identified, and will abide by any decision to develop and
use such sites made under State and Federal laws and the SC Coastal Management
Program.



	If provisions for future disposal sites within the boundary
cannot be made, then the Charleston District would like to be
consulted concerning the adverse impacts that the Reserve would
have on the Georgetown Harbor project.  We would like to reach
some consensus on the Reserve and its potential for adverse
impacts before the final EIS is filed.  Thank you for the
opportunity to review the Draft EIS and if you should have any
questions concerning this comment and recommendation, please
contact Mr. Jim Woody of my staff at 803/724-4254.

Sincerely,

Richard M. Jackson, P.E.
Chief, Planning Branch

Copy furnished:
David cottingham, Director
  Ecology and Environmental Conservation
  Office
Dennis Barnett, CESAD-PD-R


South Carolina State Ports Authority
Dock Road State Pier 31
PO Box 601
Georgetown, South Carolina  29442
Telephone 803/527-4478

November 20, 1991

Dear Dr. Vernberg:

	As per our telephone conversation today attached you will find
the revision as pertains to Industrial and Port Related item under
Paragraph B, Section C, on page 70 and 71 of the published Management
Plan of the most recent draft to the National Estuarine Research
Reserve in North Inlet Winyah Bay.

Sincerely,

D. Claude Baker
Director

Enclosure

DCS:dts

Response to SC State Ports Authority

To clarify this section of the management plan the following changes were
made.  The Management Plan now reads as below:

	No industrial activities occur or are allowed on Hobcaw Barony, although
designated dredge spoil sites have existed elsewhere on B.W. Baruch Foundation
uplands bordering Winyah Bay since 1968; these sites are not part of the Reserve.  It
is not the intent, objective nor desire of the NI/WB NERRS to interfere with the use of
these spoil sites by the South Carolina State Ports Authority.  The shipping lanes
adjacent to the southwestern border of the Winyah Bay portion of the Reserve are
used extensively for activities related to industries located in Georgetown, as well as
import/export activities centered at the Port of Georgetown.  Industries located in
Georgetown which are dependent upon the continued use of the Port include
Georgetown Street, International Paper, Santee Cement and AKZO Salt, all of which
are important to the local and regional economy.  In addition, future potential long-term
Port users and transit type cargoes under long-term contracts may consist of lumber,
ore, scrap metals and general cargo which have been handled in the past.  In order to
maintain the shipping channel at the authorized depth, the U.S. Army Corps of
Engineers must dredge the channel on a regularly scheduled basis.  The creation of
the Reserve will not alter the current or future use of any of those areas designated for
dredged spoils.  The Reserve Draft Management Plan does not call for a change from
existing or traditional uses of the areas of the Reserve.  It is not the intent, goal nor
desire of the Reserve to restrict shipping and dredging activities of the Port of
Georgetown which provide a major portion of Georgetown's industrial-based economy.
The proposed NI/WB NERR is unique in the U.S. in that no other NERR is located in
such close proximity to Federally maintained shipping channels.  One of the objectives
of the Reserve is to study the relationship between natural ecosystems and these
shipping/industrial activities in order to establish an information base for the wise
management and coexistence of both in the future.  Hence the establishment of the
Reserve would not limit the maintenance of existing shipping channels.

In addition see the response to the Department of the Army.  Charleston District Corps
of Engineers in this document.




Georgetown Sportfishing Association



November 26, 1991

Dr. T. John Vernberg
Baruch Institute
Univ. of South Carolina

Dear Dr. Vernberg,

This letter is to confirm my requests for
changes to the Drafted Mgm Plan

1.  Please refer to P. 38 paragraph 1 concerning public
access.  The end of the first sentence should
say by traditional power boat instead of just 
the word "boat".  Also, refer to my letter to
you dated Dec 13, 1990 and your reply of Jan.
3, 1991 whereby you agreed to do this.
     on P. 38 paragraph 1 the fourth line should
read "These traditional Public uses . . . etc

2.  On P. 79 see "C" sentence #4 should have an
addition after the words NOAA guidelines, "other-
wise the entire program iis automatically
terminated."

3.  To settle the conflicting statements in this
Management Plan and the Federal Register
we need a statement in our Mgm Plan
that our Mgm Plan supercedes the
Federal Register.


Response to Georgetown Sportfishing Association

The changes suggested in points 1, 4, and 5 have been made to clarify this
section of the management plan.  The question of public access has been
addressed in the FEIS/DMP especially in Sections I C 5., II A 4 c(10), and
II A 4(8).  In addition, see Resolution of SC Coastal Council (Appendix N0
dealing with this issue.

Specific guidelines have been established by NOAA to deal with termination
(de-designation) of the site and the NIWB plan must conform to these regulations.
Hence, point 2 in your letter is not necessary.

The guidelines published in the Federal Register govern all of the NERR sites
and the NI/WB plan is developed with these guidelines in mind.




















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                                                                                                                                      Response to Catherine Sam McFadden
                                                                                                                Comments noted: no response required



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Virginia T. Prevost
102 Buckingham Ave.
Summerville, S. C. 29485

Dr. John Vernberg
      Baruch Institute

Columbia, S. C. 29208

Dear Dr. Vernberg,

I am writing to express my overwhelming support of the
proposed NERR site for the North Inlet/Winyah Bay area in
Georgetown, S.C.

My husband's family has been in Georgetown for several
hundred years and he, being raised there, has utilized the
areas of the proposed NERRs designation for recreation all
his life.  Since we married we have both enjoyed and outstand-
ing recreational opportunities provided by these sites.  We
took forward to the NERRs designation for the area and view
it as an opportunity to preserve the habitat for those who
wish to continue the traditional recreational uses (fishing,
hunting, crabbing, oyster gathering, bird watching, etc.)
while providing for the continued traditional economics uses
(shipping, commercial fishing, marina operation etc.).

Additionally, as an environmental educator and researcher, I
view the NERRs designation as an unparalleled opportunity to
ensure the continuance of an ongoing study with a data base
which probably has few peers anywhere in the country.  The
preservation of an economic/environmental/recreational re-
lationship which has existed since before the turn of the
century is a rare opportunity which we cannot afford to
miss.

Sincerely,

Virginia T. Provost


Response to Virgina T. Prevost

Comments noted:  no response required.











                                                                                                                                                                    Response to Cindy & Bob Renkas

                                                                                                                                      Comments noted: no response required.



                                       December 2, 1991



                                       Susan Durden
                                       Natio nal Oceanic & Atmospheric Administration
                                       Sanct uaries and Reserve DivTon
                                       1825 Connec ticutt Ave. r NW, uite 714


                                       Dear Ms. Durden,

                                       We are writing in support of the Draft Management Plan developed
                                       to designate North Inlet and Mud Bay (Winyah Bay) in South Carolina
                                       as a National Estuarine Research Reserve INERR).

                                       Cindy is the Coordinator of the "World of wonders ('*WOW'*) Family
                                       Science Program" in Charleston, which is an extremely popular
                                       hands-on science education               elementary   :ge caildrenfand
                                                         pa        t:eriesofor                 ig
                                       their parents to    rticipa    in t gether. NERR d s n tion o
                                       the North Inlet and Winyah Bay area is a wonderful educational
                                       opportunity for the children of this area, including those in the
                                       WOW Program, to learn more about our estuarine resources.

                                       Bob is an avid fisherman and, as such, is excited about the addi-
                                       tional research opportunities afforded with NERR status of this
                                       area; research which will only benefit those already enjoying the
                                       recreational opportunities offered in this area and which will
                                       address issues pertinent to the future health and availability
                                       of these resources for our children.

                                       We urge          support the designation      North Inlet and Mud
                                       Bay as ayoauttional Estuarine Research Reosefrve.

                                       Sincerely,
                                                                        6V,     P(,jw
                                       Ciif@iv` Renkas                  Bob Renkas
                                       1@26'Kentwood Circle
                                       Charleston, SC 29412








                                                                                                                                                                                                                          Response to Ginger Ogbum-Malthews
                                                                                                                                                                                    Comments noted: no response required.






                                                                                                         November 27, 1991



                                            Susan Durden
                                            NOAA
                                            Sanctuaries and Reserve Division
                                            1825 Connecticut Ave NW, Suite 714
                                            Washington. DC 202i@


                                            Dear Ms. Durden:
                                                   I am wn Ling YOU today to urge you to establish the North InIct/Winyah Bay area as
                                            part of the National Estuarine Research Reserve (NERR). The Georgetown area is in
                                            desperate need of such a program to promote education and research. The educational
                                            Programs at the Bellefield Nature Center are always booked up within one day of the
                                            curriculum being mailed out. and them are always waiting lists for adult and children's
                                            educational classes. The word needs to get out to everyone about our unique coastal
                                            environment. The NERR program would certainly fill a void that is present here. I was
                                            amazed to hear that many children living in the city of Georgetown have never been to a
                                            marsh habitat or even the ocean. and they only live 10 miles away! The research that will
                                            also come from NERR is also gre3dy needed. With all the demands on our water sources
                                            from all citizens and industj Y. we have to increase our knowledge to insure that future
                                            generations will have a healthy environment which they can enjoy. We are very lucky to
                                            have a place such as North Inlet for all to enjoy and learn about; let's not miss this
                                            opportuniW
                                                  Thank you for your time and consideration into this matter.


                                                                                                      Sincerely,


                                                                       2 @34 $.,                      Ginger Ogthum-Maithews
                                                                                                      5-C Chapel Creek Villa
                                                               A                                      Pawleys Island, SC 29585







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                                                                                                                                                   Response to Lee Gordon Brockington

                                                                                                                         Comments noted: no response required.


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                                                                                                          Response to Susan Service
                                                   2F Alov
                                                                                     Comments noted: no response required,





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                                                                                                                                                                                                         Response to Cindy Roberts

                                                                                                                                                                 Comments noted: no response required.


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                                                                                                                                                                                                                                    Response to Abbie E. Johnson

                                                                                                                                                                                        Comments noted: no response required.













                                                                                                               November 27. 1991



                                                 Ms. Susan Durdcn
                                                 NOAA
                                                 Sanctuaries and Reserve Division
                                                 1825 Connecticut Ave.. NW. Suite 714
                                                 Washington, DC 2035







                                                 Dear Ms Durden,

                                                         I WOUld UC to cxprcss my support for the establishment of the Estuarine Reserve Program
                                                 in North Inlet. South carolina. I frequently use Norh Inlet for fishing and recreation and I believe
                                                 "he reserve program can only serve to enhance and protect the existing resources for my generation
                                                 and many to come. I feel my conem regarding public access to North Inlet is adequately addressed
                                                 by existing state ]a..



                                                                                                              Yours Sincerely,










                                                                                                                                            Response to William V. Johnson

                                                                                                                 Comments noted: no response required.


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                                                                                                                                                                                                                                           Response to Lois B. Hammon

                                                                                                                                                                                             Comments noted: no response required.













                                                                                                                November 27, 1991



                                                 Ms. Susan Dutte.
                                                 NOAA
                                                 Sanctuaries and Rmrve Division
                                                 1825 Connecticut Ave., NW, Suite 714
                                                 Washington, DC 2035







                                                 Deal Ms Durden.
                                                        I would like to express =n for the establishment of the Estuarine Reserve Program
                                                 in Nor-th Inlet. South carolina.          IY use Norh Inlet for fishing and recreation and I believe
                                                 the reserve program can only serve 10 enhance and protect the existing resources for my generation
                                                 a
             (D                                  nd Many to come I feel my conern regarding public access to North Intel is adequately addressed
                                                 by existing state Ia..



                                                                                                               Yours Sincerely,









                                                                                                                                               Response to Pamelia S. Cromer

                                                                                                                    Comments noted: no response required.



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                                                                                                                                                                                 Response to C. Warren Irvin. Jr.
                                                                                                                                                Comments noted: no response required.


                                                                      C. WARREN IRVIN, JR.. M.D.
                                                                         14aG FlKkHIEI@Y ROAD
                                                                          COLUMFHA.





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E. G. McGregor Boyle
576 Myrtle Avenue
Pawleys Island, SC 29585

November 30, 1991

Dr. F. John Vernberg
Baruch Institute
University of South Carolina
Columbia, S. C. 29208

Dear Dr. Vernberg:

	This letter is written in support of the proposal on behalf of
The Baruch Institute to conduct a joint study of the estuaries known
as Murrela Inlet and North Inlet on the coast of South Carolina.
	I have enjoyed and appreciated the recreational value of Murrels
Inlet all of my life and have been concerned about the effects of
increasing pressure on that habitat.  The rising population, in-
creased tourism and successful commercial development will put a
strain on any environment.
	In more recent years, I have become familiar with the uniqueness
of North Inlet.  The abundance of marina life there is a reflection
of the relatively pristine conditions.
	As a resident of Waccamaw Neck and a member of the Town Council
of the town of Pawleys Island, I have been encouraged by the quality
of research conducted by The Baruch Institute.  I feel that the
expansion of this work to include Murrels Inlet and compare cond-
itions and developments of the two areas could offer significant
benefit to the entire region and beyond.  Keep up the good work.

Sincerely,

R. C. McGregor Boyle


Response to E.C. McGregor Boyle

Comments noted:  no response required.











                                                                                                                                                  Response to Susan G. Robinson
                                                                                                                       Comments noted: no response required.









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Stuart C. Hope
12 Lafayette Blvd West
DeBordieu Colony
Georgetown, SC  29440

Home 803-527-1023
Fax  803-527-1093

November 29, 1991

Ms. Susan Durden
NOAA
Sanctuaries and Reserve Division
1825 Connecticut Ave. NW, Suite 714
Washington, DC 20235

Re:  North Inlet/Winyaw Bay NERR

Dear Ms. Durden,

I am on the committee that helped draft the management plan for the proposed NERR
and represented the interests of DeBordieu Colony.  This is my home and we, here at
DeBordieu, were all very much interested in what effect the proposed NERR would have
on our right of access and our traditional uses of the waters.  One of the reasons I chose to
live here was the access to North Inlet area.

The committee has been very responsive to the concerns voiced by all members charged
with drafting the management plan and I am satisfied that the plan adequately addresses
the initial concerns that several members had from different viewpoints.  In my opinion,
the language is clear and concise and does not take away from the access for traditional
uses of this area.

Anyone who takes the time to read the management plan will reach the same conclusion.

This proposal certainly has my support.

With very best regards,

Stuart C. Hope


Response to Stuart C. Hope

Comments noted:  no response required.









                                                                                                                             Response to Jane C. Richardson

                                                                                                     COMMents noted: no response required.











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                                                                                                                                       Response to Charlotte Trotter

                                                                                                             Comments noted: no response required.



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November 27, 1991

Ms. Susan Durden
NOAA
Sanctuaries and Reserve Division
1825 Connecticut Ave., NW, Suite 714
Washington, DC  2035

Dear Ms Durden,

	I would like to express my support for the establishment of the Estuarine Reserve Program
in North Inlet, South Carolina.  I frequently use North Inlet for fishing and recreation and I believe
the reserve program can only serve to enhance and protect the existing resources for my generation
and many to come.  I feel my concern regarding public access to North Inlet is adequately addressed
by existing state law.

Yours Sincerely,




Response to Joseph B. Hanna

Comments noted:  no response required.



UNIVERSITY OF SOUTH CAROLINA
COASTAL CAROLINA COLLEGE
OFFICE OF GRANTS AND SPONSORED RESEARCH
P. 0. Box 1954						P. O. Box 1954                                                                                               
Conway, SC  29526                               Myrtle Beach, SC  29578
Conway (803) 347 3161                           Myrtle Beach (803) 448-1481

                           December 2, 1991

FAX (803)  349-2990

Dr. F. John Vernberg
Belle W. Baruch Institute for Marine Biology and Coastal Research
Marine Field Lab
P. O. Box 1630
Georgetown, SC 29440

Dear John,
	I understand that the North Inlet - Winyah Bay system is being considered as a National Estuarine Re-
search Reserve and would like to express my support for this proposal. As a member of the biology faculty  at
Coastal Carolina College I consider the North Inlet/Winyah Bay system to be one of the finest educational and 
research resources in the southeast.  I have often brought my classes to North Inlet or the contiguous upland areas
since they provide an excellent concentration of diverse habitats within a relatively small area and can attest to the
value of these experiences for my students.  Although I have not conducted my research at North Inlet in the past
few years, my earlier experiences there have convinced me of the importance of the system as a site for marine
and estuarine research.  Most recently I have been working in the upper parts of the bay including the tidal fresh-
waters of the Waccamaw, Black and Little Poe Doe Rivers.  These habitats contain a diverse and interesting
community that can provide answers to many interesting questions about the ecology, physiology and genetics of
populations living at the freshwater - saltwater interface.
	I have also been active in various environmental and educational groups in the community which have
utilized the area for field trips and other educational activities.  Our local Audubon Society has done a great deal
of bird watching on and around North Inlet/Winyah Bay.  For example, the Litchfield-Pawleys island Christmas
Bird Count area, which has been censused annually for nearly 20 years, includes the upper reaches of Winyah
Bay).  I also know that many area teachers depend on access to North Inlet/Winyah Bay and specially the
facilities at Baruch, for environmental education experiences for school children of all grade levels.
	I have also found that the waters of North Islet and Winyah Bay provide excellent recreational, fishing
and shellfish gathering opportunities and have always felt confident that such activities could coexist with research
and educational activities.
	I hope you are successful in having North Islet - Winyah Bay named as a National Estuarine Research
Reserve, as that designation will help preserve this beautiful and unique area for the enjoyment and benefit of all
of the citizens of the region.

Sincerely,

Richard H. Moore
Professor of Biology


C:\CORRES\VERNBERG.L02


Response to Richard H. Moore

Comments noted:  no response required.







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Ms. Susan E. Burden
Sanctuaries and Reserves Division
Office of Ocean & Coastal Resource Management
National Ocean Service/NOAA
1825 Connecticut Avenue, N.W.
Suite 714
Washington, DC  20235
Telephone (202)-606-4122

Ms Durden:

	I am writing to include my comments on the DEIS/DMP for the
proposed North Inlet/Winyah Bay National Estuarine Research Reserve.

	The Draft Management Plan, as submitted is flawed, in my
opinion, in the area of public access.  As worded on Page 37 of the
Draft Management Plan and Page 29949 Sub Part A (921.1, C) of the
Federal Register, I believe that Reserve Management will hamper,
if not completely stop, free and unimpeded traditionally use of this
area in favor of research despite assurance to the contrary.
Traditional use being not only sport hunting, fishing, and shell
fishing, but other non consumptive uses as well.  Having enjoyed
free access to this area, I find this scenario intolerable.

	In conclusion, I also believe that the State of South Carolina
possesses the willpower and resources to protect the North 
Inlet/Winyah Bay Estuarine System without having to resort to
Federal funding and resulting guidelines.  Accordinly, I am asking
that the proposed North Inlet/Winyah Bay Estuarine Research Reserve
be withdrawn from consideration.

Sincerely,

Russell B. Swail


cc:  David Cottingham
	Director
	Ecology and Environmental
	Conservation Office
	Rm. 6814
	U. S. Dept. of Commerce
	Washington, D.C.  20235


Response to Russell B. Swail

1.1	The revised wording in the Draft Management Plan is:  "Public access to the
Reserve will follow existing practices in that the Public has access to the North Inlet
and Winyah Bay portions of the Reserve by boat, including power boats.  According
to the law, no waterways can be restricted to public access.  Since there is no
evidence that the public's use of the proposed Reserve area threatens the site's
ecological integrity, restrictions on access are not proposed or planned."  In addition,
the wording of the sections on traditional uses has been clarified in response to
public comments.  For example, "Traditional public uses of the proposed site will
not be altered.  These uses include boating, fishing, observation of wildlife,
swimming and recreational harvesting of oysters and clams as permitted by state
laws.  Traditional uses of Winyah Bay permitted by state and Federal agencies will
continue, including those associated with existing shipping channels"  (Executive
Summary).

1.2	The wording on Page 29949 Sub Part A (921.1, c) of the Federal Register is
"National estuarine research reserves shall be open to the public to the extent
permitted under State and Federal law.  Multiple uses are allowed to the degree
compatible with the research reserve's overall purpose as provided in the
management plan (see 921.13) and consistent with paragraphs (a) and (b) of this
section.  Use levels are set by the individual state and analyzed in the manangement
plan.  The research reserve management plan shall describe the uses and establish
priorities among these uses.  The plan shall identify uses requiring a state permit, as
well as areas where uses are encouraged or prohibited.  Consistent with resource
protection and research objectives, public access may be restricted t certain areas
within a research reserve."  The regulations in the Federal Register do not require
reserve areas to be restricted and the Draft Management Plan does not propose to
restrict public access to any waterways (see 1. above).

1.3	The Draft Management Plan describes protection of the site by existing laws.  No
new laws or restrictive regulations on access are proposed.


d 


Susan Durden
NOAA
Sanctuaries and Reserve Division
1825 Connecticut Ave., NW, Suite 714
Washington, DC  20235

Dear Ms. Durden,

	I am writing to express my support for the proposed National Esturine Research Reserve
Site which would be located in the North Inlet/Winyah Bay area of Georgetown, South
Carolina.  The program would provide much needed funding for research and educational
activities already in progress at the site as well as help to maintain the system in as natural
a state as possible.

	In making a decision based on public support of NERRS, please consider that most of
the public in opposition are people who do not have the correct information concerning the
purposes and goals of the plan.

Thank you for your consideration.

Sincerely,

E. Scott Kennedy


Response to E. Scott Kennedy

As a result of meetings with concerned citizens, a better understanding of the NERRS
program has resulted.  In addition the wording of the Draft Management Plan has been
revised to clarify that public access will not be restricted (also see Appendix N, a Resolution
passed by the SC Coastal Council which affirms the rights of public access).



					UNIVERSITY OF SOUTH CAROLINA
						GEORGETOWN, SC  29442

BELLE W. BARUCH INSTITUTE FOR						SCOTT E. CHAPAL
MARINE BIOLOGY AND COASTAL RESEARCH					RESEARCH DATA MANAGER
								LONG-TERM ECOLOGICAL RESEARCH PROJECT
Marine Field Laboratory
P. O. Box 1630
(803) 546 

Dear Ms. Durden,

	In response to the recent local outcry against the establishment of North Inlet.  SC as a
National Estuarine Research Reserve (NERR), I feel compelled to write you to express my
professional and private opinion.  Some Georgetown sportsmen have concluded that the designation
of North Inlet will result in restrictions on their rights to boat, fish, or hunt in the Inlet.  The Draft
Management Plan calls for no such restrictions and research can be carried out in this area without
the imposition of such restrictions on local sportsmen.  Research has been conducted in North Inlet
since 1969 without the existence of those kinds of restrictions and research can be successfully
continued at North Inlet without changes in law which exclude sporting or recreational use of the
Inlet.  After the designation as a NERR's site, people will continue to be able to fish, clam, oyster,
hunt, and boat in North Inlet pursuant to the same state laws that apply everywhere else in South
Carolina.  No creeks, waterways, oyster reefs or marshes will be closed.  This program will not
impact the existence of Georgetown industries nor the port itself.
	The establishment of the reserve will greatly enhance the ability of the Baruch Institute to
acquire federal money to conduct research concerning the estuarine resources of South Carolina.
The NERR's designation would be provide synergistic collaborative potential with the ongoing
Long Term Ecological Research Program through the University of South Carolina.  It will also
focus national attention on the pristine uniqueness which is the North Inlet Ecosystem by including
it in the network of NERR's sites which have been previously established all over the Coastal U.S.
These other sites have managed to integrate into local life-styles and economies successfully,
lending proof to the notion that these reserves and local traditional uses can coexist.  Educational
opportunities will evolve from the establishment of North Inlet as a reserve for local children and
students, South Carolina undergraduate and graduate students, and for the public as large.
	In short, the reservations held by local people seem to be unfounded and short sighted.
Indeed, the establishment of the reserve can improve the quality of life in and around Georgetown.
The involvement of local people in reserve issues and the development of research ideas pertinent to
the area could be achieved through the creation of a local citizens advisory committee.
	We at the Baruch Marine Laboratory very much look forward to the day when North Inlet
becomes a National Estuarine Research Reserve.  It is our intent to convince the citizenry of
Georgetown that the establishment of the reserve will not prevent any traditional uses of the Inlet
and that, furthermore, the area and the state of South Carolina will benefit enormously from the
designation of North Inlet as a NERR's site.

With respect,

Scott E. Chapal


Response to Scott E. Chapal

	After reviewing written and oral comments from numerous individuals and meeting
with various groups the wording in the Draft Management Plan has been strengthened to
clarify that public access will not be denied (also see appendix N for copy of resolution
passed by the SC Coastal Council which also support public access.



			




          C. Dean Cain, Jr.                                                                                            Response to C. Dean Cain, Jr.
          arundel Plantation
          Star Rt. I. Box 238                                                                         After reviewing written and oral comments from numerous individuals and meeting
          Georgetown, SC  29440                                                                  with various groups the wording in the Draft Management PlanNafsrbceoepnystorfernesolution
                                                                                                 clarify that public access will not be denied (also see appendix hgthened to
          Me. Susan Durden                                                                      Yassed by the SC Coastal Council which also supports public access:
          HOAA
          Sanctuaries and Reserves Division
          1825 Connecticut Ave.
          NW Suite 714
          Washington, DC 20235

          Dear Ms. Durden:

            am writing in support of the Proposed NEER Project in North
          Inlet near Georgetown, SC.  As a member of the advisory committee
          I have seen the formation or the project from the past to the
          Present and an satisfied of the intent of the project.

          However, I realize that our committee has some work to be done
          concerning wording of the   intent or the project and the legal
          interpretation thereof. I'hope that in the next proposed meetinjgl
          of the advisory board these misconmunicatione can be handled.

          I understand the fear and impatience the general public has with
          government in any form in this day and time.       I am a marine
          fisheries manager for the State of South Carolina and have been
          through many situations to where People have had "traditional"
          privileges altered or taken away completely. So, rather wrong or
    00    right, people don't like to see changes in the present scenerio.
          I realize the necessity of research and would certainly like to
          see Baruch become part of NEER.     I have worked with the Baruch
          foundation for several years and know of their renowned research
          performed in scientific professionalism.

          Again, I support the 14EER project and intend to work hard for its
          inception.

          Sinc rely
             tq, ly,


          C. Dean Cai









                                                                            C.


House of Representative
State of South Carolina

R. Linwood Altman								Committees;		
District No. 108-Georgetown County					Education and Public Works,
Box 164									  1st Vice Chairman
Pawleys Island, S.C.  29585						Subcommittee on Highways, Chairman
										Interstate Cooperation, 1st Vice Chairman
434-C Blatt Building							State Bidding Procedures, Vice Chairman
Columbia, S.C.  29211							Highway Oversight Joint Committee
										South Carolina Coastal Council, Member
Tel. (803) 734-3064

November 29, 1991

Ms. Susan Durden
N.O.A.A.
Sanctuaries and Reserve Division
1825 Connecticut Ave. Sutie 714
Washington, DC  20235

Dear Ms. Durden:

	I am writing in support of the classification of North Inlet/Winyah Bay area
under the National Estaurine Reserve Research System.

	My strong support comes from an equally strong suppoort of my constituency in
Georgetown County.  This proposal has been properly addressed in well publicized
public hearings.

	Your favorable recommendations will be appreciated by the people of
Georgetown County.

	With kindest regards.

Sincerely,

R. Linwood Altman

Special Note:

	My support and constituency support is contingent on perpetual access to
this area for recreational activities as presently exists.


Response to R. Linwood Altman

The wording in the Draft Management Plan has been strengthened to emphasize public
access to North Inlet via the tidal waterways will not be restricted.  In addition the SC
Coastal Council has passed a resolution (Appendix N) ensuring public access.










                                  	   The Belle M. Baruch Foundation
                                           BELLEFIELD PLANTATION														Response to J.E. Halpin                P 0. BOX 578
                                       GEORGETOWN. SOUTH CAROLINA 29442					
                                                                                                                                The responsibilities of the private land owner and the Federal/state agencies are                                       
                                                                                                                                                 described in the Management Plan. For example, public access is addressed in a
                                                                                                                                                 number of sections and the policy is that access to the Reserve across private land
                                                                           25 November, 1991                                               is restricted and subject to existing policies (II A 2, II A 4 c (10), II A 4 e, II A 4 - 7.
               Mrs. Susan Durden                                                                                                                 IV B 5 i). Typically Policies were proposed by the Baruch Institute and subject to
               Manager of Atlantic and Great Lakes Region Sanctuaries and Reserves                                                    the approval of the Baruch Foundation.  Land use of areas included in the Reserve
               Division                                                                                                                          will follow current policies which pre-date the Management Plan.  The Management
               Office Of Ocean and Coastal Resource Management                                                                                   Plan reflects the cooperative efforts and responsibilities of agencies and the Baruch
               1825 Connecticut Avenue N.W.                                                                                                      Foundation (i.e. Sections I and 11).
               Washington, DC 20235

               Dear Mrs. Durden:


                              Subject: Proposed North Inlet/Winyah Bay
                                             National Estuarine Research Reserve

               Portions of this Proposed Estuarine Research Reserve involves privately
               owned property.   Because of this fact, the following questions are in
               need of answers:


               1.  What are the responsibilities Of private land owners In a National
               Estuarine Research Reserve relative to land use,  access across private
               lands to estuarine areas, etc?


               2. What are the responsibilities of the agencies involved in the
               development of the proposed estuarine research reserve to the private
               land owners involved?


               Your reply to these questions will be helpful and appreciated.
                                                       
               Sincerely yours,

			J. E. Halpin
			Trustee

                                                                                        rusts.


               Please reply to:
                              J. E. Halpin
                              228 Holiday East
                              Clemson, SC 29631-1455
 








                                                                                                                                                                                  Response to Maura H. Kenny

                                                                                                                                                Comments noted: no response required.









                                                                      November 27, 1991



        Ms. Susan Durden
        NOAA
        Sanctuaries and Reserve Division
        1825 Connecticut Ave., NW. Suite 714
        Washington, DC 2035








        Dear Ms Durden,
               I would like to express my support for the establishment of the Estuarine Reserve Program
        in North Inlet, South carolina. I frequently use Norh Inlet for fishing and recreation and I believe
        the reserve program can only serve to enhance and protect the existing'resources for my generation
        and many to come. I feet my conern regarding public access to North Inlet is adequately addressed
        by existing state law.



                                                                     Yours Sincerely.










                                                                                                                                                                                                                          Response to Christopher P. Marsh

                                                                                                                                                                                  						 Comments noted: no response required.





                                                                                 UNIVERSITY OF SOUTH CAROLINA
                                                                                     COASTAL CAROLINA COLLEGE
                                                                                    COASTAL CAROLINA COLLEGE
                                                                                      DEPARTMENT OF BIOLOGY                         P.O. Box 1954
                                            P. O. Box 1954                                                                          Myrtle Beach, SC 29578
                                            C       , SC  29526                                                                     Myrtle Beach  (803) 448-1481
							  C        (803) 347-3161

                                                                                               2 December 1991



                                                    Dr. F. John Vernberg
                                                    Belle W. Baruch Institute for Marine Biology and Coastal Research
                                                    P. 0. Box 1630
                                                    Georgetown, SC 29440

                                                    Dear Dr. Vernberg:

                                                             Ian writing to give my strong support to establishing the North
                                                    Inlet/Winyah Bay National Estuarine Research Reserve. I have worked in this
                                                    area for over seven years and recognize Its uniqueness and value to the region.

                                                             North Inlet is a valuable resource for our program here at Coastal Carolina
                                                    College.  We use the area for a variety of classes Including Marine Ecology,
                                                    Wetlands Ecology and Ornithology, and non-traditional classes such as Continuing
                                                    Education and Marine Science Junior Scholars. Several of the faculty also use
                                                    North Inlet and the Baruch Marine Lab for our research program. I have been
                                                    monitoring local littorine populations there for six years, and use the project
                                                    to train students how to conduct field research.

                                                             During the past two years I have coordinated the S.C. Shorebird Survey,
                                                    a state-wide monitoring program sponsored by the S.C. Sea Grant Consortium and
                                                    S.C. Wildlife and Marine Resources Department.   North Inlet is an important
                                                    area for migratory sandpipers during fall migration, and has critical habitat
                                                    for the Piping Plover (Charadrius melodus), a species protected by the
                                                    Endangered Species Act. Therefore, the area deserves the recognition that It
                                                    would receive by becoming part of the National Estuarine Research Reserve
                                                    System.

                                                             In summary, I believe that establishment of the North Inlet/Winyah Bay
                                                    National Estuarine Research Reserve would benefit the local region, as well as
                                                    the scientific community in general.

                                                                                               Sincerely,
                                                                                                                                                                                              
                                                                                               Christopher P. Marsh
                                                                                               Associate Professor





                                                                       






                                                           Post Office Box 676
                                                        Murrells Inlet, S.C. 29576-0676
                                                        December 2, 1991
                                                                                                                Response to Mr. and Mrs, G.W. De Sousa

                                                                                             Comments noted: no response required.


              Dr. F. John Vernberg
              P. O.Box 1630
              Georgetown, South Carolina 29440



              Dear Dr. Vernberg:

              We wish to express our stron support for the
              establishment of North lnletlWinyah Bay National
              Estuarine Research Reserve.

              Past studies of this area show it's impor'tance with
              respect to education and research programs. The
              establishment of the reserve will promote these
              activities without Interfering with the traditional
              activities that have been carried an in the area.

              We sincerely hope the reserve status is granted.
              Very truly yok S,,T

              Mr. snd Mrs. G. W. De Sousa









                                                                                                                                                      Response to Franklin H. Spivey

                                                                                                                          Comments noted: no response required.




                                                                7601 N. Ocean Blvd., Apt. 3-B
                                                                Myrtle Beach, SC 29572
                                                                Nov. 30, 1991



                              Dr. P. John Vernberg
                              Baruch Marine Lab
                              P. 0. Box 1630
                              Georgetown, SC 29440


                              Dear Dr. Vernberg:


                              I support the designation of North Inlet/Winyah Bay as a National
                              Estuarine Research Reserve.


                              It is my understanding the establishment of the North Inlet/Winyah
                              Bay Reserve will provide additional research dollars for the area,
                              increase the availability of more educational programs, bring National
                              recognition to our unique coastal area and create a means by which the
                              public can participate in collection and measurement of information
                              about the special nature of the area.


                              The National Reserve would contribute greatly to our area.


                                                                    Sinc9zdIy
                                                                           'P,
                                                                                 pi y
                                                                    Franklin H. S6 @ev 7-









                                                                                                                                                                                     Response to Stephen Thomas
                                                                                                                                                  Comments noted: no response required,



                                                                                              PO Box 1637
                                                                                              Conway, SC29526
                                                                                              I December 1991
                                           Dr. F. John VtfnbtTg
                                           PO Box 1630
                                           Georgetown, SC 29440


                                           Dear Dr. Vernberg:


                                              I support the establishment of the North Inlet/Winyah Bay National
                                           Fstuarine Research Reserve. I believe that this will help create an
                                           unparallel ed research and educational resource for our geographical
                                           region. I further understand that the traditional uses of North Inlet and
                                           Winyah Bay (such as fishing, oystering, and recreation) will be maintained
                                           after this designation.


                                                                                              Sincerely,



            A                                                                                 Stephen Thomas



     @ M M M M M M M M M M M M M M M M M M







                                                                                     Written Comments and Responses by Inclividuals

























        9
        c6
        w









                                                                                                                                                    George S. Fogel                                         John Liles
                                                                                                                                                                                                            P.O. Box 239
            Billy Ackerman                                          Arnie Cribb, Jr.                                                                Dale Gordon                                             Georgetown. SC 29440
            Hy 521 Box 43                                           267 Rose Avenue                                                                 P.O. Box 1008
            Georgetown. SC 29442                                    Georgetown, SC                                                                  Pawleys Island, SC 29585                                Robert L. Lumpkin, Jr.
                                                                                                                                                                                                            McNair Law Firm, PA
            Mark Anderson                                                                                                                           Jamings 0. Guerry                                       P.O. Drawer 418
                                                                    Tony L. Davis                                                                   408 Wayne Street                                        Georgetown, SC 29442
            P.O. Box 1538                                           Rt. 2, Box 12C
            Georgetown, SC 29442                                    Andrews, SC 29510                                                               Georgetown, SC 29440                                    John Madison
            Gerald L. Venton                                        Calvin C. Dawson                                                                Glemmle Haimes
            4931 S I st Street                                      Rt. 2. Box 157                                                                                                                          Kent A. McAllen
            Murrell's Inlet, SC   29576                             Georgetown. SC 29440                                                            David L. Hamilton, Jr.                                  P.O. Box 1585
                                                                                                                                                    P.O. Box 1166                                           Pawleys Island, SC
            Violet K. Benton                                        Rowena J. Dawson                                                                Pawleys Island, SC 29585
            4931 S 1st Street                                       Fit. 2. Box 157                                                                                                                         Robert 0. McCarter
            Murrell's Inlet, SC   29576                             Georgetown, SC 29440                                                            M.G. Hammon                                             P.O. Box 1305 S Causeway
                                                                                                                                                    420 Lorill Street                                       Pawleys Island, SC 29585
            Herman Blake                                            John B. Dawson                                                                  Georgetown, SC 29440                                    T. McCaskill
            Mildred T. Blake                                        Rt. 2. Box 158                                                                  Bruce Henderson                                         10 Collins Street
                                                                    Georgetown, SC      29440
                                                                                                                                                    29 Husey Drive                                          Pawleys Island, SQ, 29585
            Joseph L. Bulls                                         Helyn M. Dawson                                                                 Pawleys Island, SC 29585
            2316 South Bay St.                                      Rt. 2, Box 158                                                                                                                          Donna M. Miller
            Georgetown, SC                                          Georgetown. SC 29440                                                            Billy Hendrick                                          Francis K. Miller
                                                                                                                                                    Scott Hinds
            Katherine L. Bull                                       Jimmy Dial                                                                      Rt. 3. Box 104                                          Rhonda Morris
      (6    2316 South Bay Street                                   P.O. Box 2434
      CYI   Georgetown, SC                                          Pawleys, Island                                                                 Georgetown, SC                                          Louise D. Murrell
            B.C. Campbell                                           Dwane P. Dore, Sr.                                                              Hugh J. Huggins, Jr.                                    Fit. 2, Box 159
            4 Debrook Road                                          P.O. Box 414                                                                    179 Wm. Screven Rd.                                     Georgetown. SC 29440
            Pawleys Island, SC 29585                                Georgetown, SC 29442                                                            Georgetown, SC 29440                                    Carolyn Norris
            Michael R. Carter, Sheriff                              Mr. and Mrs. C.S. Duelley                                                       Andrew Jordan                                           424 Wayne Street
            Georgetown County                                       Box 8125 Maryville Station                                                      Georgetown, SC                                          Georgetown, SC
            P.O. Box 869                                            Georgetown, SC 29440
            Georgetown. SC 29440                                                                                                                    Ronald Jordan                                           Rev. Gene A. Norris
            Charles C. Clark                                        W.D. Evans, Jr.                                                                 T.H. Lauretarn                                          Andy K. Owens
                                                                    Anthony L. Fogin                                                                P.O. Box 477                                            P.O. 1, Box 702A
            James H. Cooper                                         P.O. Box 2227                                                                   Pawleys Island, SC 29585                                Georgetown, SC 29440
            D.B. Crayton                                            Georgetown, SC      29442-2227                                                  Nell Lewis                                              Carolyn A. Owens
                                                                    Harris G. Fletcha III                                                           P.O. Box 1679
            Steve Crows                                             P.O. Box 711                                                                    Pawleys Island, SC 29585
            2021 Ashbury St.                                        Pawleys Island, SC     29585
            Georgetown, SC      29440









                              This identical letter was received from 82 individuals.											Response to form letter


                                                                                                                                                                           
        Me. Susan E. Durden                                                                                                           1.1     The revised wording in the Draft Management Plan is: "Public access to the
         Sanctuaries and Reserves Division                                                                                                     Reserve will follow existing practices in that the Public has access to the North Inlet
         Office of Ocean & Coastal Resource Management                                                                                         and Winyah Bay portions of the Reserve by boat, including power boats.  According
         National Ocean Service/NOAA                                                                                                           to the law, no waterways can be restricted to public access.  Since there is no
         1825 Connecticut Avenue, N.W.                                                                                                        evidence that the public's use of the proposed Reserve area threatens the site's
         Suite 14                                                                                                                              ecological integrity, restrictions on access are not proposed or planned."  In addition
         Washington, DC  20235                                                                                                        	 the wording of the sections on traditional uses has been clarified in response to
         Telephone (202)606-4122                                                                                                              public comments. For example, "Traditional public uses of the proposed site will
                                                                                                                                    not be altered. These uses include boating, fishing, observation of wildlife,
          Ms. Durden:                                                                                                                                    swimming and recreational harvesting of oysters and clams as permitted by state
                                                                                                                                               laws. Traditional uses of Winyah Bay permitted by state and Federal agencies will
                I an writing to include my comments on the DEIS/DMP for the                                             			continue, including those associated with existing shipping channels"  (Executive
         proposed North Inlet/Winyah say National Estuarine Research												Summary).
         Reserve.                                                                                                                              
                                                                            										1.2	The wording on Page 29949 Sub Part A (921.1, c) of the Federal Register is
              The Draft Management Plan, as submitted in flawed, in my                                                                       "National estuarine research reserves shall be open to the public to the extent
         opinion, in the area or public access.  As worded an Page 37 or the                                                                 permitted under State and Federal law.  Multiple uses are allowed to the degree
         Draft Management Plan and Page 29949 Sub Part A (921.1, c) or the                                                                    compatible with the research reserve's overall purpose as provided in the
         Federal Register, I believe that Reserve Management will  hamper,                                                                      management plan (see 921.13) and consistent with paragrapha (a) and (b) of this
         if not completely stop, free And unimpeded traditional use of this                                                                    section. Use levels are set by the individual state and analyzed in the management
         area in favor or research despite assurance to the contrary.                                                                          plan. The research reserve management plan shall describe the uses and establish
         Traditional use being not only sport hunting, fishing, and shell                                                                    priorities among these uses. The plan shall identify uses requiring a state permit, as
         fishing, but other non consumptive uses as well.  Having enjoyed                                            				as areas where uses are encouraged or prohibited.  Consistent with resource
         free access to this area, I find this scenario intolerable.												protection and research objectives, public access may be restricted to certain areas
                                                                                                                                              within a research reserve.- The regulations in the Federal Register do not require
                In conclusion, r also believe that the State of South Carolina                                                                 reserve areas to be restricted and the Draft Management Plan does not propose to
         possesses the willpower and resources to protect the North                                                                            restrict public access to any waterways (see 1. above).
         Inlet/Winyah Day Estuarine System without having to resort to                                                                                 
 	Federal funding and resulting guidelines.  Accordingly, I am asking											1.3  The Draft Management Plan describes protection of the site by existing laws.  No
	be withdrawn from consideration.                                                                                                      new laws or restrictive regulations on access are proposed.
                                                                     Sincerely,

											Neil Lewis
											PO Box 1679
											Pawley's Island, S.C.
												29585
         cc:    David Cottingham
                Director
                Ecology and Environmental
                Conservation Office
                Rm. 6814
                U.S. Dept. of Commerce
                Washington, D.C.           20235











                                                                                                                                Letter from Jay Sims. In addition to sending the above letter, Jay Sims submitted the
                                                                                                                                following comments:

                                                                                                                            	1.  The Management Plan has too many loopholes that would allow the public to be
                                                                                                                                   barred from creeks and waterways.  This area is open to the public now and shoul-
                                                                                                                                   remain open unless a natural disaster should occur.  (i.e. Hugo).
                                              Ms. Susan E. Durden                                                           
                                              Sanctuaries and Reserve Division								2.     If this area is made into a reserve it will condense public pressure into areas already
                                              Office of Ocean & Coastal Resource Management                                            overused.
                                              National Ocean Service/NOAA				                             
                                              1925 Connecticut Avenue, N.W.									 3.     Retail sales of fishing tackle and supplies of local merchants would be affected
                                              Suite 714                                                                         		hurting the local economy.
                                              Washington, Dc    20235											
                                              Telephone (202) 606-4122                                                          4.     This project has basically been hidden from the public eye for the last severl years
                                              Ms. Durden:                                                                               Many residents did not know about the research reserve, until the November
                                                   I am writing to include my comments on the DEIS/DMP  for the                         meeting. I would like to know if the Debordieu Colony Club members knew of this
                                              proposed North Inlet/Winyah Bay National Estuarine Research                               reserve since they would be the reserve's neighbor to the north?
                                              Reserve.
                                                   The Draft Management Plan, as submitted is flawed, in my                      5.     If this is such a great plan then why isn't the highlands of Baruch which has many
                                              opinion, In the area of public access. As worded on Page 37 of the                        Carolina bays included in the Reserve's boundaries.
                                              Draft Management Plan and Page 29949 Sub Part A (921.1, c) of the
                                              Federal Register, I believe that Reserve Management will hamper,
                                              if not completely stop, feee and unimpeded traditional use of this
                                              area in favor of research despite assurance to the contrary.
                                              Traditional use being not only sport hunting, fishing, and shell
                                              fishing, but other non consumptive uses as wall.  Having enjoyed
                                              free access to this area. I find this scenario intolerable.
                                                   In conclusion, I also believe that the State of South Carolina
                                              possesses the willpower and resources to protect the North
                                              Inlet/Winyah Day Estuarine System without having to resort to
                                              Federal funding and resulting guidelines. accordingly, I as asking
                                              that the proposed North Inlet/Winyah Day Estuarine Research Reserve
                                              be withdrawn from consideration.

                                                                                           Sincerely,

															Jay Sines
              				


                                              cc:  David Cottingham
                                                   Director
                                                   Ecology and Environmental
                                                   Conservation Office
                                                   Rm. 6814
                                                   U.S. Dept. of Commerce
                                                   Washington, D.C.     20235
 

              Brenda Payne
              P.O. Box 1608
              Pawleys Island. SC 29585

              Larry L. Parker

              Keith Parker and Family

              Robert F. Roberts
              Rt. 2, Box 159
              Georgetown. SC 29440

              Mary L. Roberts
              Rt. 2. Box 159
              Georgetown. SC     29440

              Cecil Rogerson
              Rt. 2, Box 147
              Andrews, SC 29510

              J. Sale


              Joe Shroer
              411 Front St.
              Georgetown, SC 29440

           Eloise Smith


              John A. Smith


              Verna H. Smith

              Dale Stanley
              215 Lilly
              Conway, SC 29526

              William Tanner

              Chip Taylor
              1032 Front St.
              Georgetown, SC 29440

              Edward W. Tuttle

              Craig F. Young

              12 Names are Illegible
 

					Bay Orthopaedic Associates
					General and Pediatric Orthopaedics
					Sports Medicine
					1001 N Fraser Street
					P O Box 1777
					Georgetown, South Carolina 29442

A. Mason Ahearn MD FACS							Georgetown Office
Wright S. Skinner III MD						(803) 5271447
										Murrells Inlet Office
										(803) 357-1004
December 2, 1991									FAX
										(803) 527-2701

Dear Ms. Durden:

This letter is in regards to the DEIS/DMP for the proposed North Inlet
Winyah Bay National Estuarine Research Reserve.

The draft managment plan as submitted concerns me greatly in the area of
public access.  As noted on page 37 of the draft management plan and also
page 299 49 sub-part A (921.1, C) of the Federal Registrar the reserve
management will definitely impede if not bring to a complete halt the use of
this natural estuarine area for sport hunting, fishing, and shell fish
gathering.

After what has happened in Georgetown County as far as the development of
the present sanctuary regions.  I am very skeptical in the fact that North
Inlet will remain open to the public use if the draft management plan is
accepted.  I am asking that the proposed North Inlet/Winyah Bay Estuarine
Research Reserve be withdrawn from consideration because of the potential
for the complete loss of control of the area for public use.

Thank you for considering my request.

Sincerely,

Wright S. Skinner, III, M.D.

WSS:dm

cc:  Carol Campbell, Governor of the State of South Carolina
	Robin Tallon, Representative


Response to letter from W. S. Skinner

3.1	See response to letter 1.1.

3.2	See response to letter 1.2.














                                                                                                                                                      Response to comments from Jay Sims

                                                                                                                             21     The law clearly states that no waterways can be restricted to public access.

                                                                                                                             2.2    No changes in usage patterns are expected.

                                                                                                                             2.3    No evidence presented to support this contention.

                                                                                                                             2.4    Three public meetings have been held. Each was advertised in two local
                                                                                                                                    newspapers and each public hearing received newspaper coverage. Those
                                                                                                                                    individuals who attended a public hearing who wanted to be informed of the next
                                                                                                                                    meeting requested and received notification by mail. There is no way to know if all
                                                                                                                                    the residents of DeBordieu colony know about this project, however, Mr. Hope
                                                                                                                                    served on the Advisory Committee as a representative of the DeBordieu Home
                                                                                                                                    Owners Association. In addition, some Debordieu homeowners have written letters
                                                                                                                                    of support.

                                                                                                                             2.5    This program pertains to estuarine research reserves. The low small freshwater
                                                                                                                                    upland ponds are not considered an essential portion of the North Inlet or Winyah
                                                                                                                                    Bay estuarine ecosystems.





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Malcolm B. Fore Jr.
2222 Violet St.
Georgetown, S.C. 29440
Telephone (803) 546-9059

Ms. Susan E. Durden
Sanctuaries and Research Division
Office of Ocean & Coastal Resource Management
National Ocean Service/NOAA
1825 Connecticut Avenue, N.W.
Suite 714
Washington, D.C.  20235

Subject:  Draft Management Plan For The Proposed North Inlet/Winyah Bay
		National Estuarine Research Reserve

Ms. Durden

From a local level here in Georgetown, it
appears that the Baruch Institute is plotting
to use Federal Management policies to 
further their ambitions of restricting
public access to the North Inlet area.
For the past twenty five years the Baruch
Management has not been favorable to
public access in the North Inlet area, and
has caused a rightful feeling of mistrust
in many of us.  I feel that once the Baruch
Institute has an option, in the future, North Inlet
will be restricted from public use.

The North Inlet area is not in any danger of
being commercially developed, and the State of
South Carolina has sufficient means to protect
its resources, and the Baruch Institute has
been doing well without being on the Federal
payroll.  While I am on that subject, the
economy is in trouble now because of
overspending.  Should the Federal offices
be looking for more liabilities, and paying
saleries and benefits for jobs that already
exist within the Baruch Institute.


Response to letter from Mr. & Mrs. Fore

1.	As stated in the Draft Management Plan, public access cannot and will not be
restricted from the tidal waterways.

2.	The protected nature of North Inlet was one of the features which make this such an
appealing area for a NERR.  However, another important function of a NERR is to provide a
site for research and teaching.  Hence having a NI/WB NERR accomplishs a number of
goals.

3.	Although some of the attendees at the public hearing held on November 20, 1991,
expressed opposition to the establishment of the NI/WB NERR, many others wanted more
informationa about the program since most of the attendees did not read the draft
management plan or did not attend previous public hearings.  Concern was expressed
about access to the Reserve.  Since the public hearing, the wording concerning access has
been modified in the draft management plan to clarify that access to tidal waters is not
prohibited.  In addition, the Resolution passed by the SC Coastal Council, which is included
in the present version of the Draft Management Plan (Appendix N), further supports the
accessibility of these waters.
















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Danny Stone
Rt 6 Box 894
Georgetown, SC
29440                                                                                                                                            Response to letter from Danny Stone

Ms. Susan Durden                                                                                                                          5.1     Comments noted. Statements in the Draft Management Plan have been reworded
Sa                                                                                                                 					clarifty the points raised by Mr. Stone.
National Ocean Service/NOAA
1825 Connecticut Ave. N.W.                                                                                                                      Provide for traditional multiple uses that are consistent with Reserve research in
Suite 714                                                                                                               				order to ensure the continuation of existing traditional uses described elsewhere in this
Washington, DC  20235                                                                                              					document. (page 24)
                                                                                                                  				The following additions were made to the Advisory Committee: representatives
Ms. Durden,                                                                                                                               from SC Waterfowl Association and two representatives from general public. (page 28)
	                                                                                                                                      Public access to the Reserve will follow existing practices in that the Public has
      I enjoyed meeting you and Ms. Washington                                                                                            access to the North Inlet and Winyah Bay portions of the Reserve by boat, including power
last Wednesday night, Nov 20, in Georgetown.                                                                             			boats. According to the law, no waterways can be restricted to public access. Since
I was very impressed with the fact that you                                                                                               there is no evidence that the public's use of the proposed Reserve area threatens the site's
were there and were interested in our views                                                                     					ecological integrity, restrictions on access are not proposed or planned. (page 35-36)
 concerning this project.							                           								Research is one of the primary goals of the Reserve, and it is given highest priority
                                                                                                                                          in the management plan. Sometimes the success of a research project depends on the
      First off, let me state that I am            				                              						study site remaining undisturbed. To prevent trampling or other unnatural physical
 against this plan in its present form.  I                                                                               			disturbances, the researcher may request that signs requesting avoidance study
 find its' access policy to have to many                                                                    					area be posted. The request would be made to the Reserve Manager and reviewed by the
 clauses, which in later years might be used to                                                                     				Advisory Committee. Typically, study plots are small and located in infrequently visited or
close off areas of North Inlet/Winyah Bay                                                                                                   remote areas so that public travel or access patterns would not be disturbed. An
under the guise of Research and/or Protectionism.                                           								 information program will be initiated to inform the public about the importance of the
I realize that there may be times when the                                                                                                research sites. (page 41) 
         may be so sensitive that the area needs                                                   							Traditional public uses of the proposed site will not be altered. These uses include
to be closed.  But I feel that these areas                     				           								boating, fishing, wildlife observation, recreational harvesting of oysters and
 need to be as small as possible and for a			                                          						 clams as permitted by state laws. Seasonal hunting for waterfowl and rails in the tidal
 short of a period as possible.  I also would                                                                      				waterways of the Reserve is a legal activity. Traditional uses of Winyah Bay permitted by
 like to say to the Advisory Committee that			                                        							state and Federal agencies will continue, including existing shipping channels.
 this project is to provide an area for long-term
 research and to be an area that all sorts                                                                                                        Public recreational activities are not allowed on the upland areas of the Hobcaw
 of recreational activities can take place, both		                                        							 Barony. Since Hobcaw Barony is a designated wildlife refuge, no hunting or trapping is
 consumptive and non-consumptive.  It is not                                                        							 allowed on the upland portions of the property. However, the waterways are open under
 to be construed as another sanctuary as Baruch                                                                					state and Federal jurisdiction and used by the public for boating, fishing, swimming and
 Lakes and South Island are now.  We have enough                                                                         			recreational harvesting of oysters and clams. However, seasonal hunting for waterfowl
 of these in Georgetown County and South Carolina                                                                    				and rails in the tidal waterways of the Reserve is a legal activity. (page 74)                                                                                                                      
 already.  I urge the committee to remember                                                                      				
																							Access to the Reserve by land will be monitored and controlled and current access
																							policies end regulations will be enforced. As noted previously (see Sect III B) access to        
																							the Reserve's waterways by boat is a traditional use and this practice will not be altered.
                                               																page 84)

                                                                                        
           


                










                                               COMMENTS AND RESPONSES
                                                   . PUBLIC HEARING

               Comments expressed at the Public Hearing have been summarized for the sake of brevity
               and a complete copy of the transcript of the meeting is available upon request from the SC
               Coastal Council.

               Mr. Stockly, Georgetown Sportfishing               Response to Mr. Stockly
               Association


                      For the record, Mr. Stockly                 Comment noted; responded to in written
               submitted his comments in writing                  comments section.
               and these comments are included in the
               previous section with appropriate
               responses.


               Mr. Dean Cain, S.C. Wildlife and Marine            Response to Mr. Dean Cain
               Resources Department

                      I am a regional marine biologist            Comment noted; no response necessa      ry
               with SCWMR Department in Georgetown
               and a member of the NI/WB NERRS
               Advisory Committee. I am involved in
               District 9 law enforcement liaison. We
               have looked at laws concerning this
               proposal and I am convinced that Baruch
               neither has the authority nor the privilege
               to look at limiting our access in the North
               Inlet based on this plan. I believe that
               some of the changes referred to by Mr.
               Stockly have already been made in the
               plan.




               Mr.Bunch                                           Response to Mr. Bunch

                      I have been working with wetlands           Any new regulations for tidally influenced
               for the past year. The Army Corps of               wetlands will not be changed. The Army
               Engineers has been working on new                  Corp's new regulations pertain to
               definitions of wetlands and new                    freshwater wetlands.
               regulations are supposed to come out in
               January. How will these affect the NI/WB
               NERRS?


               Mr. Chasdie, resident of Georgetown                Response to Mr. Chasdie

                      When I was a little boy my dad              No land will be taken by the federal or
               carried me to North Inlet. You was                 state government. Access to the Reserve
               allowed to go anywhere, any time, any              is addressed in the Draft Management




                                                        M-74









                place, out there. All I am concerned is in        Plan.
                the future time. We, the people, are the
                federal government, we pay taxes for it so
                why should we give our lands up when
                we support it. I think we should still be
                able to come out there as we please.

                Mr. Huggins, resident of Georgetown               Response to Mr. Huggins

                       Expressed concern about access to          Comment noted; revised wording
                Reserve.                                          concerning access has taken place as
                                                                  noted in previous section on written
                                                                  comments.


                Mr. Danny Stone, Georgetown resident              Response to Mr. Danny Stone

                       For the record, Mr. Stone                  Comments noted; responded to Mr. Stone
                submitted his comments in writing and             in written comment section.
                these comments are included in the
                previous section with appropriate
                responses.



                Mr. Len Fore, Georgetown resident                 Response to Mr. Len Fore

                       Suggested everyone at public               Comments noted. We have met with the
                hearing read the DEIS/DMP and write a             respondent and have made several
                letter to somebody, call some elected             changes in the draft management plant to
                officials and tell them how you feel. He          help address his concerns. In addition see
                was not in favor of proposal.                     the Resolution of the SC Coastal Council
                                                                  dealing with public access (Appendix N).

                Mr. Malcolm Fore, Georgetown resident             Response to Mr. Malcolm Fore

                       The public notice of this meeting          Comments noted. The public notice was
                was hard to find in the newspaper. As far         published in the,Georgetown Times and in
                as I know, it was only in one newspaper.          the Coastal Observer, two local papers.
                How many people here actually read this           We have met with the respondent and
                notice in the Geor-getown Times? He               have made several changes in the draft
                voiced his opposition to plan for reasons         management plant to help address his
                expressed by Danny Stone. He urged                concerns. In addition see the Resolution
                people to contact the Governor at his             of the SC Coastal Council dealing with
                home (number provided).                           public access (Appendix N).


                Mr. Andy Jordan, Commercial fisherman.            Response to Mr. Andy Jordan

                       Concerned about access to North            Comments noted; access issue addressed
                Inlet. "And I believe it's going to be taken      earlier. Role of federal government
                away from us because if the federal               discussed in draft management plan.



                                                            M-75









               government gets involved with it and if
               we are doing any harm whatsoeveT --- and
               it's up to them, they decide what kind of
               harm we are doing."

               Mr. Paul Kenny, security officer with                Response to Mr. Paul Kenny
               Baruch Foundation and research
               technician with USC.


                       One of my jobs is to patrol North            Comments noted; no response necessary.
               Inlet - I have never arrested anyone or
               asked one person to leave North Inlet.
               There is no legal basis to stop access to
               North Inlet by water. The management
               plan was created by an Advisory
               Committee consisting of Georgetown
               citizens and not by the Federal
               government.



               Mr. Shrower, Georgetown resident.                    Response to Mr. Shrower

                       I am concerned about access to the           Comments noted; wording on access has
               Reserve. However, the other side of the              been changed to reflect his concerns.
               coin is we have to start worrying about
               protecting the habitat. We have to start
               worrying about making sure there is fish
               there to fish. I would like to see that
               there is a way where the protection and
               the research that these people want to do
               can be done and at the same time where
               we can fish and where we can be insured
               that we are not going to get limited on our
               access.



               Mr. Jim Ralston, Georgetown resident.                Response to Mr. Jim Ralston
                       I agree with'the theme just heard.           1. Comments noted; research and access
               We need to be concerned about the future             addressed in revised management plan.
               of the resources so we need research.                2. Written comments can be received up
               We need to be concerned also with access             to December 2nd. Comments will be
               to North Inlet.                                      addressed and a Final Environmental
                                                                    Impact Statement and a revised Draft
                       What are approval procedures from            Management Plan will be published before
               this point on with this project.                     another public hearing will be held in
                                                                    Georgetown.






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               Mr. Renny Marsh, Georgetown resident.            Response to Mr. Renny Marsh

                      I think right now we are smothered        Comments noted; access and ownership
               with sanctuaries and state sanctuaries and       discussed in revised management plan.
               federal sanctuaries in our area now that
               we are limited to certain areas that we
               can even go fishing and hunting anymore.
               And I know that this is probably a good
               proposal and a good thing that you are
               trying to do and all, but I am very
               concerned because I think this is just one
               foot in the door to smother us clean out of
               North Inlet, the public, and it's just one
               step up the ladder that's going to
               eventually take all our rights away from
               over there.


               Ms. Betsy Haskins, Georgetown resident.          Response to Ms. Betsy Haskins

                      I served on the Advisory                  Comments noted; no response is requi   red.
               Committee as a representative from the
               League of Women Voters. She spoke in
               favor of proposal and indicated there are
               some misconceptions. One concerns the
               waters of North Inlet. They are public
               waters and can't be closed to the public.
               The League
               of Women Voters supports things like this
               because we think the public resources,
               what we have which belongs to all of us,
               should be maintained for all of us and
               should be enhanced. And that is the basic
               aim of this program.


               Mr. Ed Russ, Georgetown resident.                Response to Mr. Ed Russ

               Expressed concern over access.                   Comments noted; access and ownership
                                                                discussed in revised management plan.


               Mr. Louis Cameron, Georgetown resident.          Response to Mr. Louis Cameron

                      I too agree that management is            Comment noted; management plan
               needed, however, we do not need the              describes cooperative relationship
               federal government ruining North Inlet.          between local citizens, the Baruch
               That's the bottom line.                          Foundation, the Baruch Institute, USC,
                                                                and state and federal agencies.





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                                          PUBLIC HEARING - NOVEMBER 20, 1991
                                                  Georgetown, South Carolina


                 Place:        Georgetown County Library
                               Georgetown, South Carolina

                 Time:         7:00 P.M.


                 Hearing held by:

                               F. John Vernberg, Director
                               Baruch Institute
                               University of South Carolina

                               H. Stephen Snyder
                               South Carolina Coastal Council


                               Mrs. Dolores Washington
                               Program Specialist
                               Sanctuaries and Reserves Division, NOAA

                 Hearing attended by:
                 1 .   Johny Huggins                                 27.    Terrell Mitchum
                 2.    Jay Sims                                      28.    Rothie Altman
                 3.    Malcolm Fore                                         29.     C.E. Luquire
                 4.    Lin Fore                                      30.    Junior Cooper
                 5.    Michael Chastie                               31.    Waitus Altman
                 6.    Calvin Richardson                             32.    Donald Kelly
                 7.    Michael W. Flegel, Sr.                        33.    Levon Miller
                 8.    Brenda J. Flegel                              34.    David Gallup
                 9.    Michael H. McDonald                           35.    Keith Parker
                 10.   Wade Wilder                                   36.    S.E. Miller
                 11.   Roger D. Jolly                                37.    Dean Cain
                 12.   William Conner                                38.    Ingell H. Doyle
                 13.   PaulKenny                                     39.    Harold Zobel
                 14.   Bob Glenn                                     40.    R.H. Williams
                 15.   Andy Jordan                                   41.    Danny Norbutt
                 16.   Levain Altman                                 42.    Richard L. Lambert
                 17.   Melvin Haimes                                 43.    Edwin Jayroe
                 18.   Charles E. Foxworth                           44.    William M. Cribb, Jr.
                 19.   Wendell Hinson                                45.    Renee Marsh
                 20.   Benjamin L. Blake, Jr.                        46.    Larry Holladay
                 21.   Benjamin L. Blake, Sr.                        47.    Danny L. Stone
                 22.   C. Edward Russ                                48.    Thad Holley
                 23.   Gene Leigh                                    49.    Ray Mahaffy, Jr.
                 24.   Robert Yates                                  50.    Keith Lunsford
                 25.   Jamie Elliott                                 51.    Carl Hanson
                 26.   R. Gary Pope                                  52.    Thomas L. Smith





                                                             M-78









               53.    Tommy Watt
               54.    Wayne Altman
               55.    Jim Ralston
               56.    Derek 0. Nesbit
               57.    Vernon W. Smith
               58.    Vernie C. Barnhill
               59.    Mark Schroer
               60.    Betsy High
               61.    Bill Nauss
               62.    Donald Arck
               63.    Terry Miller
               64.    Judy Phelan
               65.    Richard Parker
               66.    Meg Phelan
               67.    Frankie S. Lambert
               68.    Robert D. Smith
               69.    Robert Lambert
               70.    Louie E. Cameron
               71.    Glenn A. Morris











































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   I                                                Appendix N

                                     South Carolina Coastal Council Resolution
   I                     Concerning Public Access to Waters of North Inlet and Winyah Bay.
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                                               SOUTH CAROLINA CCASTAL COUNCIL

                                                          RESOLUTION


                               Whereas, the South Carolina Coastal Council is appointed by the
                           General Assembly and Governor of South Carolina as tMe designated
                           State agency to implement and manage the State's federally approved
                           coastal zone management program and to coordinate the program with
                           the National Oceanic and Atmospheric Administration (NOAA); and
                               Whereas, the National Estuarine Research Reserve (NERR) Program
                           administered    by   NOAA   is   designed    to   select   and    protect
                           representative coastal biogeographical regions throughout the nation
                           for the purpo3es of research and education; and

                               Whereas, the Governor of South Carolina has directed the South
                           Carolina Coastal Council, through a site-selection committee, to
                           select for his nomination one or more sites for inclusion in the
                           NERR System; and

                               Whereas, the South Carolina Coastal Council. by and through its
                           committee, selected the North Tnlet/Winyah Bay site in Georgetown
                           County as one of the two NERR sites selected in South Carolina; and
                               Whereas, public coments were received in the development of a
                           management plan for the North "et/Winyah Say NM in which
                           citizens of Georgetown County expressed their concerns in ensuring
                           that the tidal waters of North Inlet and Winyah Bay within the NERR
                           boundary remain open to the public for aCCOS3 and recreational use.

                               Be it, therefore, Resolved, that when the North Inlet/Winyah Say
                           site is designated a National Estuarine ftsearch Reserve (NERR) by
                           N0AAq the following conditions shall govern use of the tidal waters:

                               1)   All tidal waters of the State of South Carolina located
                               within the Reserve must remain oMn to the public for access and
                               tecreational use, subject to rules and regulations of the State;
                               and
                               2) If public access is limited by actions of any party or any
                               governing body, then the South Carolina Coastal Council. is
                               authorized -to intervene an behalf of Me public by initiating
                               appropriate legal action to restore and maintain access or by
                               Initiating procedures to remove the site from the NERR System.






                                                      N-1




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                                             Appendix 0
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   I                  Consistency Certification by South Carolina Coastal Council.
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            OUTH                                                                              February 24, 1992
         ISAROLINA
          COASTAL
          COUNCIL                 Ms. Delores Washington
          Ashley Corporate Center Sanctuaries and Reserves Division
          4130 Faber Place        NOAA/OCRM
          Suite 3W                1825 Connecticut Ave., NW, Rm. 714
          Charleston, S.C. 29405
          (SM) 744-5838           Washington, DC M235
          FAX 744-5847
          William W. Jones, Jr.   Dear Ms. Washington:
          Chairman
          H, Wayne Beam, Ph,0,            The South Carolina Coastal Council has reviewed the Draft
          Executive Director      Environmental Impact Statement and the Draft Management Plan for -the
                                  North Inlet/Winyah Bay National Estuarine Research Reserve and find
                                  the plan consistent with.the S. C. Coastal Zone Management Program.

                                          The Coastal Council looks forward to working with NOAA, the
                                  Belle W. Baruch Institute and the S. C. Wildlife and Marine
                                  Resources Department in implementing and managing South Carolina's
                                  components to the National Estuarine Research Reserve System.

                                                                                              Sincerely,
                                                                                                      3
                                                                                                             Leder
                                                                                                         '@!

                                                                                              H.  Stephen
                                                                                              Director of Planning
                                                                                                 and Certification

                                  cc: Mr. William W. Jones, Jr.
                                          Dr. H. Wayne Beam
                                          Mr. Christopher L. Brooks
                                          Dr..;John Vernberg














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