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























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         GC
         97
         M37
         1989










               WAQUOIT BAY NATIONAL ESTUARINE
                                       RESEARCH RESERVE



                                      MANAGEMENT PLAN





                                                          May 1989













                            'Arls of





               U. S. Department of Commerce                                           Commonwealth of Massachusetts
               National Oceanic and Atmospheric Administration                        Department of Environmental
               Office of Ocean and Coastal Resource Management                        Management
               Washington, D.C. 20235                                                 Boston, MA 02202




















                                        WAQUOIT BAY
                                    NATIONAL ESTUARINE
                                     RESEARCH RESERVE



                                        Management Plan

























             U.S. Dept. of Commerce                            Commonwealth of Massachusetts
             National Oceanic and Atmospheric Admin.           Dept. of Environmental Management
             Office of Ocean and Coastal Resource Man.         and Coastal Zone Management
             Marine and Estuarine Management Division          100 Cambridge Street
             Washington, D.C. 20235                            Boston, Ma. 02202








                                                                                   Table of Contents
                                                                                                                                                     P a-g e
                                   LIST OF FIGURES              ........  **'*****"*** ... *---**-'-'-                                               ii
                                   LIST OF TABLES             ..................
                                   FOREWORD
                                   EXECUTIVE SUMMARY                      ..............................................................             iv
                        I.         INT RODUCTION              .........................................................................              I
                        11.        MANAGEMENT CONTEXT                              ...........................................................       3
                                          A. Regional Perspective                  ........................................................          3
                                          B. General Description                   ..........................................................        4
                                          C. Natural Environment                   .........................................................         7
                                                  1. Climate       .....................................................................             7
                                                  2. Geology/Soils         .............................................................             7
                                                  3. Hydrology        ..................................................................             9
                                                  4. Biology      ......................................................................             10
                                                      a. Plants and Animal Species                    ......................................         10
                                                      b. Rare and Endangered Plant and Animal Species                                   .......      10
                                                      c. Ecosystems                ...........................................................       10
                                          D. Land and Water Use                    .........................................................         13
                                                  1. General Background                ...................................................           13
                                                  2. Historic Documentation                    ..............................................        13
                                                  3. Recreation         ................................................................             14
                                                  4. Residential Development                   ............................................          16
                                                  5. Commercial Activities                 ...............................................           17
                                          E. Issues and Problems                   ..........................................................        18
                        III.       EXISTING RESOURCE PROTECTION                                ...........................................           21
                                          A. Land Ownership               ................................................................           21
                                                  1. South Cape Beach              .......................................................           21
                                                  2. Washburn Island               ..........................................................        23
                                                  3. Reserve Headquarters                 .................................................          25
                                          B. Regulation         .......................................................................              26
                                                  1. Federal       ......................................................................            26
                                                  2. State    .........................................................................              28
                                                  3.Town      .........................................................................              32
                                          C. Natural        ............................................................................             38
                                                  1. Barrier beach         .............................................................             38
                                                  2. Saltmarsh        ..................................................................             38
                        IV.        MANAGEMENT STRATEGY                             .........................................................         41
                                          A. Reserve Goals and Strategies                      ............................................          41
                                          B. Administration and Operation                      ............................................          51
                                                  1. Personnel        ...................................................................            51
                                                  2. Advisory Committee and Subcommittees                               ......................       52
                                                  3. Forest and Parks Supervision                    .......................................         55
                                                  4. Volunteer Program               ......................................................          55
                                          C. Resource Protection and Use                       .............................................         57
                                                  1. Acquisition Plan              .........................................................         57
                                                  2. Access Plan          ...............................................................            60
                                                  3. Construction Plan             .......................................................           61
                                          D. Research Program                      ............................................................      64
                                          E. Education Program                     ...........................................................       71
                                          F. Resource Protection Program                       ............................................          76
                         V.        APPENDICES             ..............................................................................             77
                                          A. List of Plant and Animal Species                        .......................................         79
                                          B. South Cape Beach Agreement                        ............................................          91
                                          C. Excerpts from Washburn Island Management Plan                                      ...............      97
                                          D. ACEC Designation                      ...........................................................       105
                                          E. MOU between DEM and CZM                           .............................................         III
                                          F. MOU between DEM and NOAA                             ..........................................         113
                                          G. Advisory Committee Bylaws                         .............................................         119
                                          H. NERRS Regulations                     ..........................................................        123










                LIST OF FIGURES


                                                                                                                               P aye
                Figure 1. Regional Location Map                     .........................................................    3

                Figure 2. Reserve Boundary                  ................................................................     5

                Figure 3.       State Owned Land            ................................................................    20

                Figure 4.       South Cape Beach            ................................................................    22
                Figure 5.       Washburn Island          .....................................................................  24
                Figure 6.       Land Types        ..........................................................................    39

                Figure 7.       Wetlands under the Wetlands Restriction Act                          .........................  59

                Figure 8.       Reserve Headquarters               ...........................................................   62





                LIST OF TABLES
                Table 1. Morphometric Data                     ...............................................................    6
                Table 2. Regulated Activities and Enforcement Authority                                    .....................  36











              FOREWORD


              The management plan for Waquoit Bay is intended to serve three purposes. First,
              the plan outlines a strategy for management and operation of the National
              Estuarine Research Reserve by the Reserve Manager and related Administration
              with public review by the Waquoit Bay Advisory Committee. Toward that end,
              the document provides operation guidelines and management objectives, and
              details tasks for future completion.

              Secondly, the plan serves to fulfill, in part, the requirements of the Office of
              Ocean and Coastal Resource Management, National Oceanic and Atmospheric
              Administration of the United States Department of Commerce for designation of
              Waquoit Bay as a National Estuarine Research Reserve. Designation of Waquoit
              Bay enables the Reserve to be eligible to receive Federal grants for operations
              and education and research projects leading to an improved base for coastal
              decision-making and a better understanding of estuarine areas throughout the
              biogeographic region.

              Lastly, the plan serves as an information source for the public. Through a
              description of resources present in the Reserve and the uses and issues affecting
              the Reserve, the public is able to gain an insight into the complexity and
              importance of the estuarine environment. Through discussion and documentation
              of protective mechanisms in place within the Reserve, the public will have the
              information to ensure a healthy and productive coastal ecosystem for future
              generations.










           EXECUTIVE SUMMARY


           The National Estuarine Reserve Research Program (NERRP) (formerly the
           National Estuarine Sanctuary Program) is established under the authority of
           Section 315 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C.
           1461). The NERRP provides for a Federal-State partnership to designate
           significant representative estuarine areas throughout the country as National
           Estuarine Research Reserves. Such Reserves are established to (1) provide
           opportunities for long-term estuarine research, education and interpretation; (2)
           provide a basis for more informed coastal management decisions; and (3) enhance
           public awareness and understanding of the estuarine environment. Under this
           partnership, Federal funding, along with matching funds provided by the state, are
           used to acquire, develop, and operate estuarine areas that are to be incorporated
           in the National System.

           In recognition of the significance that estuarine areas hold for commercial and
           recreation industries, and the rapid change evident along the coast, Massachusetts
           first established a research program to study its estuaries in 1963. A scientific
           analysis of the results of this program was published in 1975, with the data
           subsequently utilized to calculate indicies comparing species diversity with
           environmental quality for selected estuaries within the state.

           Between 1974 and 1979 the Commonwealth investigated the feasibility of applying
           to the National Estuarine Sanctuary Program, and considered several possible
           candidates for sanctuary status. At that time, the North-South River complex
           and Waquoit Bay were selected as sites most likely to meet the requirements of
           the Federal program, and benefit from the research and education programs and
           protection that the designation would provide.

           In 1979, the Commonwealth of Massachusetts designated Waquoit Bay as an Area
           of Critical Environmental Concern in accordance with Massachusetts General
           Laws Chapter 21A Section 2 (7). This designation followed an extensive public
           participation process during which major management issues for the area were
           addressed, and during which interest in National Estuarine Sanctuary status was
           expressed.

           Based on the results of the Commonwealth's early research program, and after a
           thorough review of the alternative sites within the coastal area of the state,
           Massachusetts recommended Waquoit Bay for designation as a National Estuarine
           Sanctuary in July 1981. The area proposed includes the land and water areas
           commonly known as Waquoit Bay, Washburn Island, South Cape Beach, the Swift
           Estate, Sage Lot Pond, Flat Pond, Hamblin Pond, Jehu Pond, and the major salt
           marshes immediately adjacent to these areas.

           In 1981, the Commonwealth applied for and was awarded a Federal
           99pre-acquisition" Federal grant for further evaluation of the site, collection of
           information necessary for management plan and draft environmental impact
           statement preparation, and preliminary acquisition activities.






                                                     iv








              In December 1982, the Commonwealth acquired South Cape Beach, a barrier
              beach/salt pond/ marsh/upl and complex located immediately east of the inlet to
              the Bay. A few months later, in June 1983, the Commonwealth acquired an
              additional part of the proposed sanctuary, Washburn Island. Washburn, a barrier
              island located west of the inlet to Waquoit Bay, forms the western border of
              Waquoit Bay. Both acquisitions are now part of the South Cape Beach State Park,
              managed for limited use, low intensity recreation.

              Based upon this commitment to the protection of significant components of the
              Waquoit Bay ecosystem, the Commonwealth successfully applied for additional
              Federal assistance to acquire and develop Waquoit Bay as a National Estuarine
              Sanctuary. The additional funding by NOAA will be used for the purpose of
              I)acquiring the wetlands, waters, and uplands of the Swift Estate at the head of
              the Bay to serve as the Reserve Visitors Center/Headquarters, 2)the construction
              of necessary support facilities and equipment for Reserve research and education,
              and 3)acquisition of easements or property interests necessary to provide access
              to salt and freshwater marsh areas for research and educational purposes.

              The management plan, as set forth by this document, outlines the major goals of
              the Waquoit Bay National Estuarine Research Reserve (NERR):

                       1.  To enhance and facilitate resource protection within the
                           Reserve and those surrounding areas that affect the Reserve.

                       2.  To facilitate and encourage opportunities for short and
                           long-term scientific research programs within the Reserve
                           that serve to increase our knowledge and understanding of
                           estuarine areas and assist in their protection.

                       3.  To facilitate and encourage education and interpretation of
                           conditions and resources existing at Waquoit Bay NERR, and
                           education about general principles characteristic of all
                           estuarine areas.

                       4.  To develop information for improved coastal decision-making.

                       5.  To heighten awareness and promote cooperative efforts
                           among local, state, and Federal levels on issues pertaining to
                           the Waquoit Bay NERR.

                       6.  To encourage multiple use of Waquoit Bay NERR resources to
                           the degree compatible and consistent with the protection of
                           the Reserve and maintenance of education and research
                           activities.

                       7.  To develop a restorative activities plan if, and/or where
                           appropriate.
               To ensure protection of Waquoit Bay, and continued compliance with the stated
               objectives, the Reserve is managed by the Massachusetts' Department of
               Environmental Management (DEM), Division of Forests and Parks. It will be
               DEM's role to increase the scientific understanding of the estuarine ecosystem
               and improve the ability to effectively manage them.











               1. INTRODUCTION


               The inhabitants surrounding Waquoit Bay have utilized and enjoyed the resources
               provided by the estuarine area for generations. Today, the waters and shoreline
               of Waquoit Bay still provide a source of livelihood for some residents and a source
               of visual enjoyment and recreation for countless others. Because of the enormous
               importance of estuaries to society and because of the stresses apparent on many
               of them, a program has been established to increase the protection and
               interpretation of these complex and variable ecosystems.

               Section 315 of the Federal Coastal Zone Management Act created a National
               Estuarine Sanctuary Program (later changed to National Estuarine Reserve
               Research Program) for "...acquiring, developing, or operating estuarine
               sanctuaries, to serve as natural field laboratories in which to study and gather
               data on the natural and human processes occurring within the estuaries of the
               coastal zone...". The Federal program provides funding and direction for the
               establishment of a system of National Estuarine Research Reserves throughout
               the country.

               Since 1974, the Commonwealth of Massachusetts has engaged in efforts towards
               designation of Waquoit Bay as a National Estuarine Research Reserve. Such
               efforts have included an in-depth evaluation process to determine the most
               appropriate estuarine area for designation; extensive public participation, public
               awareness, and support- generating activities in those towns influenced by
               Waquoit Bay; and implementation of protection measures on several parcels of
               land adjacent to the Bay.

               The management plan document that follows, is a direct effort to identify the
               significant resources affecting the Waquoit Bay estuarine area, and develop
               strategies that will protect these resources while allowing for their continued
               use. The management plan sets forth the goals and objectives by which long-term
               research, education, recreation, and interpretation will be accomplished in the
               Reserve.

               The plan is divided into three parts: I)Management Context, 2)Existing Resource
               Protection, and 3)Management Strategy. The first part details the natural
               characteristics present in the estuarine environment, and the activities presently
               occurring in the waters and along the shoreline of the Reserve. The second part
               depicts the degree of protection afforded to the Bay through acquisition,
               regulation, and natural means. The last part, Management Strategy, outlines the
               major goals of the Reserve, and details strategies to be employed towards
               satisfaction of those objectives. This part also contains a description of the
               administrative roles guiding reserve policy, a physical plan for continued
               protection and use of the Reserve, and programs guiding research and education.
               The management plan is intended to function as an information source to assist in
               public education, and to give direction and guidance to the management of the
               Reserve by the Department of Environmental Management. The plan and
               direction of the Reserve will be reviewed on a yearly basis to ensure continued
               soundness and viability.




                                                        I











               11. MANAGEMIENT CONTEXT


               A. Regional Perspective
                    0

               Waquoit Bay is located in the towns of Falmouth and Mashpee in Barnstable
               County (Cape Cod), Massachusetts. The Bay is adjacent to Nantucket Sound on
               the south side of Cape Cod. Located just 70 miles from Boston, Massachusetts
               and Providence, Rhode Island, Waquoit Bay is only an hour and a half driving
               distance from two of New England's largest metropolitan areas.

               Waquoit Village lies just beyond the northern edge of the Reserve within the town
               of Falmouth. Together, the populations of Falmouth and Mashpee total
               approximately 29,700 people (roughly 20% of total population of Cape Cod). By
               virtue of an established tourism base, however, the seasonal population reaches
               3.5 times that total during the summer months. The Bay is served by Route 28,    a
               major east-west corridor, linking the most highly populated areas on Cape Cod.

               The Waquoit Bay National Estuarine Research Reserve is representative of the
               southern New England (Cape Cod to Sandy Hook) portion of the Virginian
               biogeographic region. The National Estuarine Research Reserve Program
               established the biogeographic classification scheme in order to reflect regional
               differences in biogeography and estuarine topology to ensure the inclusion of a
               variety of ecosystem types. Waquoit Bay is the northernmost Reserve within the
               Virginian Biogeographic Zone and is located within the transitional border
               between the Virginian and Acadian biogeographic regions.

                                                                  . ........ .














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           B. General Description
           The boundaries of a National Estuarine Research Reserve incorporate those land
           and water areas considered a "natural ecological unit." As such, the Reserve only
           includes areas that are relatively undisturbed by human activities and are part of
           the estuarine system (including the estuary, adjoining transitional areas, and
           adjacent uplands.) The boundary of the Waquoit Bay NERR encompasses several
           distinct water bodies and upland areas within and adjacent to the Bay. (See
           Figure 2) The waters within the Reserve include all of Waquoit Bay; Jehu,
           Hamblin, Bourne, Bog, Caleb, Sage Lot and Flat Ponds; the Great and Little
           Rivers; and portions of the Quashnet/Moonakis River. (The Moonakis and Quashnet
           are part of the same river system with the name Quashnet applied to that portion
           of the river within the town of Mashpee, and Moonakis referring to that portion of
           the river in the town of Falmouth. For ease in understanding this Management
           Plan, Quashnet will refer to the entire river from its source to Waquoit Bay.)
           Upland and major marsh areas within the Reserve include Washburn Island, South
           Cape Beach, the Reserve Headquarters (a small acreage at the head of the Bay,
           locally known as the Swift Estate), and wetland areas adjacent to the ponds
           mentioned above.

           The surface area within the Reserve totals 2,199 acres, or approximately 3.5
           square miles. Of the total area, approximately 1,278 acres (or 58 percent) is
           water, 292 acres (or 13 percent) is marsh, and 629 acres (or 29 percent) is upland.
           The length of the north-south axis of the Reserve is 2.7 miles, while the
           east-west axis averages 2.0 miles. (See Table I for more detailed measurement
           data on the physical features within the Reserve)

           Waquoit Bay, the dominant feature of the Reserve and the major water body of
           the estuary, exhibits a diversity in its shoreline characteristics. The Bay is
           protected from ocean waters of Nantucket Sound by the barrier beaches of
           Washburn Island and South Cape Beach. The area between these two beaches,
           measuring 300 feet across and eight feet in depth, is the major inlet to the Bay.
           This channel has been stabilized through the construction of two stone jetties
           along the banks. Washburn Island also serves as the western border for the Bay
           and the Reserve. The shoreline at the northern end of the Bay, refered to in this
           plan as the Reserve Headquarters, rises 50 feet above the water level producing
           steep coastal bluffs and the highest altitude within the Reserve boundaries. The
           eastern shoreline of the Bay is the most developed area of the Bay. Here, several
           seasonal and permanent residential units have been constructed along the shore
           and along several rivers that flow into the Bay on the eastern side.

           Freshwater is supplied to the Waquoit Bay NERR from four principal sources: the
           Quashnet River (the largest and most direct source of freshwater to the Bay), Red
           Brook, Childs River, and groundwaternow. Thus, while Waquoit Bay is a distinct
           unit with clearly defined boundaries between the Bay and sea and freshwater
           sources, the estuary relies on several fresh and saltwater inputs.









                                                  4










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                                                      WAQUOIT                                                        BAY                                                                                                             Reserve Boundary
                                                      National Estuarine Research Reserve                                                                                                                                            Legend:

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            Table I. Morphometric data on the lands and waters w     ithin the WaQuoit Bay
                      National Estuarine Research Reserve (NERR)


                             Max.      Max.    Max.     Mean Water Marsh Upland Shoreline
                             Length     Width   Depth   Depth   Area    Area    Area      Length
            Subsystem         (mi       (mi    (ft )    (ft )   (ac )   (ac     (ac       (mi.)

            Waquoit Bay        2.6      1.1      9.0    2.7      825      6                  6.3

            Quashnet
            River              1.1      0.1      7.6    UNK      42       6

            Hamblin Pond/
            Little River       1.7      0.4      5.0    2.0      141      62

            Jehu Pond/
            Great River        2.3      0.3      7.6    UNK      172      95

            Washburn
            Island                                                        32.5    297.5      5.9
            South Cape                                                    88.5    311.5      2.5
            Beach
            Reserve                                                       2.0      20.0      0.2
            Headquarters
            Sage Lot Pond      0.27     0.40     UNK UNK          44
            Flat Pond          0.14     0.47     UNK UNK          35
            Caleb Pond         0.12     0.11     UNK      UNK      5.7
            Bog Pond           0.08     0.08     UNK      UNK      2.75
            Bourne Pond                          UNK    -UNK      10.6
            TOTAL                                               1278.0 292        629












                                                       6










               C. Natural Environment

                       I. Climate

               The Falmouth-Mashpee area, like most of Cape Cod, has the humid continental
               climate of the northeastern United States. The surrounding waters moderate
               temperature extremes producing milder winters and cooler summers. Humidity is
               often high in summer, with fog common in the spring and summer.
               Winds are generally from the west with orientation depending on the season;
               between October and April from the northwest, and between May and September
               from the southwest. Major storms can come in any season with hurricanes most
               common in late summer and early fall; "northeasters," in winter and early spring;
               and local thunderstorms or squalls, in the summer. Major hurricanes affecting the
               area occurred in September of 1938 and 1944, August of 1954 and 1955, and
               September of 1960.

               January and February are the coldest months on Cape Cod, and July and August
               are the warmest. The annual growing season (consecutive frost-free days)
               averages between 180-200 days.

               Average annual precipitation is between 42-44 inches, fairly evenly distributed
               throughout the year at 3-4 inches per month. June and July are somewhat drier,
               averaging 2.9 and 2.7 inches, respectively. Snowfall is highly variable from one
               year to the next, but averages less than 30 inches per year. Generally, snow does
               not remain on the ground for extended periods of time.


                       2. Geology/Soils

               Cape Cod is almost entirely composed of unconsolidated sand, gravel and boulders
               deposited by glacial ice during the last four major glaciations. Occasional clay
               and silt layers and masses occur within and beneath the coarser materials. The
               deposits, resting on very old bedrock, are generally 300 to 500 feet thick, but
               range from around 150 to nearly 1000 feet in thickness. As the last glacier
               retreated from the Cape 12,000 years ago, sand and gravel were spread smoothly
               in front of the ice as stream-bed deposits. The entire Waquoit Bay area lies
               within one such area known as the Mashpee Outwash Plain.

               As the glacier retreated, sea levels rose quickly and had nearly reached present
               levels by 3500 years ago. The action of waves and currents shaped the coastline
               by filling some sheltered bays and tidal channels with fine sediment and organic
               matter producing tidal mud flats and salt marshes. This was likely the case with
               Flat, Sage Lot, Hamblin, and Jehu Ponds, probably low areas left as kettle holes
               after the formation of the outwash plain. The rise in sea level left them
               separated from the sea by only a narrow sandy spit which has been punctured
               periodically with inlets. All four ponds are brackish, though the marsh to the
               north of Flat Pond is fresh. Waves also have shaped the sand spits and barrier
               beaches, with some contribution from wind action. The shore line is Continually
               shifting today, primarily due to wave action and tidal currents.




                                                        7







           There are several types of glacial deposits on South Cape Beach and Washburn
           Island. The majority of the site consists of Mashpee pitted plain deposits, which
           are gravelly sand with some pebble to small boulder gravel. A smaller area
           bordering the northern edge of Flat Pond is composed of kame deposits, which
           differ from the Mashpee pitted plain deposits in having somewhat coarser sands
           and larger boulders.

           Dune deposits along the beach are relatively young due to continual shifting of
           sands by wind and wave action. They are generally less than twenty feet thick
           and between ten and several hundreds of years old. Most are still active. Sandy
           beach deposits with some minor cobbles and pebbles occur as spits. They are
           composed of wave-eroded glacial sediments, and tend to be overlain by dune
           deposits. The marsh and swamp deposits mentioned above consist mainly of
           decaying estuarine marsh plants mixed with sand and clay, topped by live marsh
           plants.

           The soils on South Cape Beach and Washburn Island correspond to the geology,
           with some variations and additional categories. In the upland areas are several
           types of loamy coarse sand within the Mashpee pitted plain and kame deposit
           areas. The marsh and swamp deposits contain both muck and tidal marsh. The
           soil categories described below are from reports by the U.S.D.A. Soil
           Conservation Service.

           Muck - These are very poorly drained bog soils formed in accumulations of
           organic deposits that are underlain by mineral soil materials. The upper portion
           of the organic material is generally black and has decomposed to such a degree
           that plant remains cannot be identified by the unaided eye. Decomposition of the
           materials in the lower portion of the deep Muck soils varies from this condition to
           one of practically no decomposition, in which plant remains are readily
           identifiable. Muck soils occur in depressions and potholes. The water table in
           these soils is at or near the surface most of the year. Some Muck soils have only
           one to two-and-one-half feet of organic deposits over mineral soil materials,
           while in others the organic deposits are many feet thick.

           Tidal Marsh - This land type consists of areas subject to regular tidal flooding.
           The areas commonly support salt-tolerant vegetation, such as grasses and sedges.
           The soil material ranges from soft, plastic silts and clays to matted, fibrous
           organic deposits.

           Dune Sa    - This land type consists of highly quartzose sands along the ocean
           shore. Individual sand particles have been rounded by the combined action of wind
           and waves. This land type is continually changing in shape and size. Dunes are
           formed by beach sand which Is swept up by wind and deposited on the leeward side
           of the beach. Some are partially stabilized by beach grass and hardy shrubs such
           as beach plum and bayberry; others are devoid of vegetation and are actively
           shifting.
           Coastal Beach - This land type consists Of sandy, gravelly, or cobbly shores that
           are washed and rewashed by waves along the coast. Some areas are subject to
           periodic flooding by tides. Areas above tide level are subject to shifting by wind
           action.





                                                   8








               Carver loamy sand, 0-3% sloD-es - These are excessively drained soils formed in
               thick sand deposits. Carver soils have a loamy coarse sand or coarse sand surface
               soil and subsoil. The subsoil is underlain by coarse sands- They contain little or
               no gravel. The soils are loose and have rapid permeability. In places, Carver soils
               are underlain at a depth of 5 feet or more by a firm slowly permeable substratum
               of compact glacial till, silt or clay. These areas are mapped as a firm substratum
               phase of the Carver soils. Carver soils occupy nearly level to very steep slopes.
               Deerfield loamy course sand. 0-3% slopes- These are moderately well drained
               soils that have formed in thick deposits of sand. They have a loamy sand surface
               soil and subsoil that are usually free of gravel and cobbles to a depth of 3 feet or
               more. These soils have a seasonal high water table within 1-1/2 to 2 feet of the
               surface that keeps them saturated with water in the winter, early spring, and
               during prolonged periods of rainfall. They do not have stones and boulders on the
               surface or within the soil. They occur on level to gentle slopes.

               Au Gres loamy course sand, 0-3% slg=g - These are poorly drained soils
               developed in thick deposits of sand or sands and gravel. The water table is at or
               near the surface of these soils for about 7 to 9 months each year. They do not
               contain stones or boulders but may contain grabel and cobbles below the surface
               in some places. They have rapid permeability. Because they are saturated most
               of the time, they can absorb little additional water. The Au Gres soils occur on
               level to gentle slopes.


                     3. Hydrology

               The loose, sandy soils of the Waquoit Bay area permit rapid percolation of
               precipitation. In unaltered areas there is virtually no run-off. Of the average
               annual precipitation of 42-44 inches, 17-19 inches seep into the soil to recharge
               groundwater aquifers (the other 25 inches are lost to the atmosphere through
               evaporation and water loss by plants).

               In coastal areas like Waquoit Bay, groundwater is near the surface at
               approximately sea level. Low areas are often discharge points such as swamps,
               freshwater marshes or kettlehole ponds. The adjacent bodies of saltwater have a
               major effect on groundwater quality. Because freshwater is lighter than salt,
               fresh groundwater at Washburn Island or South Cape Beach tends to "float" above
               the saline in a relatively shallow lens. Along the edges and at the boundary there
               is some mixing to form brackish zones. The nature, and to some extent the level,
               of the groundwater can change with tidal oscillation, amount of freshwater
               percolation, and volume of freshwater withdrawal for human use. Excessive
               withdrawal can and does lead to salt intrusion into wells.

               Analyses of groundwater in the Waquoit Bay area characterize it as slightly acidic
               (pH 6.5-7.0), very soft, and generally low in dissolved solids. Both sodium and
               chlorine levels can be high at individual sites due to salt water intrusion, and
               elevated iron and manganese levels are occasionally noted.









                  4. Biology

                      a. Plant and Animal Species
            Estuaries are typified by variable ecosystems created by the mixing of fresh and
            salt water, opposing cur-rent systems, and oscillating tidal currents. These
            variable environmental conditions greatly influence the biota of the estuary
            creating a distinctive aquatic environment. Due to this large variation in the
            physical and chemical environment, Waquoit Bay supports a large diversity and
            abundance of plant and animal species.

            A complete list of vegetative species, as well as marine invertebrates, fishes,
            birds, and mammals that inhabit the lands and waters within the Reserve can be
            found in Appendix A.


                      b. Rare and Endangered Plant and Animal Species

            The Waquoit Bay NERR is an important refuge for many state-listed rare plants
            and animals of regional and national significance. The two most noteworthy rare
            and endangered species found within the boundaries of the Reserve include the
            plant Sandplain Gerardia (Agalinis acunta , and the bird piping plover (Charadrius
            melodus . The Swift Estate is potentially of key importance in terms of the
            long-term survival of the Sandplain Gerardia. At the present time there are only
            two confirmed localities of this particular plant in the Commonwealth, and the
            plant is now being actively considered for Federal listing by the U.S. Fish and
            Wildlife Service as it is found in only a handful of sites in Massachusetts and Long
            Island, New York.

            The piping plover, listed as Federally Threatened on the East Coast, currently
            resides on Washburn Island within the Reserve.

            The Waquoit Bay NERR will work with the Natural Heritage Program of the State
            Division of Fisheries and Wildlife towards the protection and nurturing of rare and
            endangered species within the Reserve. A complete list of each state-listed rare
            and endangered plant and animal species found in the Reserve is located in
            Appendix A.

                      c. Ecosystems
            The followbW Is a brief description of the various resotwce areas found within the
            Reserve boundaries. Collectively they make up the Bay's ecosystem.
                 Barrier Beach S3Mtrm: The low-lying beach forming South Cape Beach,
            Dead Neck and the southern segment of Washburn Island protects the estuarine
            resources within the Waquoit Bay system. Saltwater access into the estuary is
            restricted to -two primary locations: up Eel River and around Washburn Island, and
            through the narrow cut between the east end of Washburn Island and Dead Neck.
            The barrier beach is undeveloped. Part of South Cape Beach is used as a public
            recreational beach.






                                                     10







                     Salt Mars : There are approximately 292 acres of salt marsh in the Waquoit
               Bay system. The Mashpee portion of the system includes 240 of these acres, most
               of which surround Hamblin Pond, Jehu Pond, Sage Lot Pond and the head of Great
               River. Salt marsh acreage on the Falmouth side occurs in small parcels scattered
               mostly about Washburn Island and the head of Waquoit Bay. Many of the salt
               marshes on and around the Bay are privately owned, however state-owned South
               Cape Beach and Washburn Island include the Sage Lot Pond marsh and others,
               totaling 121 acres. The high productivity of the salt marshes contributes to the
               food chain of the near shore environment and protects adjacent uplands from
               erosion.

                     Shellfish Beds: The waters and bottom sediments of the bay provide an
               abundance of shellfish. In order of economic importance quahogs, softshelled
               clams and bay scallops are harvested both commercially and recreationally.
               Shellfishing provides income for approximately 75 commercial fisherman and
               supports several hundred recreational fisherman annually.

               Both the towns of Falmouth and Mashpee conduct ongoing shellfish management
               and propagation programs to protect this valuable resource.

                     Anadromous and Catadromous Fish R : The Quashnet River, stretching to
               Johns Pond in Mashpee, is an important alewife run. American eel, blueback
               herring, striped bass, white perch, brown trout, eastern brook trout, and rainbow
               trout are also found within the system.

                     Erosio_n and Accretion Areas: Moderate erosion occurs along the length of
               South Cape and the Western half of Washburn Island. Stone groins were
               constructed on the tidal flat at the western end of Washburn in the 1930's by the
               State Division of Waterways to trap easterly moving sand. These groins have now
               decayed to the point where they are no longer effective, and the beach continues
               to retreat. The eastern portion of Washburn fronting the Sound experiences
               accretion, but this build-up of sand does not seem to have seriously affected the
               entrance channel to Waquoit Bay.

                     Dunes: Sand dunes are found on both Dead Neck and the eastern and
               western ends of Washburn Island. Dunes in both these locations are currently
               under the management of the South Cape Beach State Park.

                     Beac : South Cape Beach has long been recognized as one of Cape Cod's
               finest sandy beaches by both summer visitors and permanent residents. It is also a
               prime surfcasting area for fishermen when bluefish and stripers are running.
               Motor vehicle access is limited to an ungraded extension of Great Oak Road in
               Mashpee.

                     Est       The Waquoit Bay estuarine system is composed of interconnected
               water bodies, including Waquoit Bay, and Hamblin, Jehu, Flat. Caleb, Bog, Bourne,
               and Sage Lot Ponds. Freshwater enters the system through the Quashnet River,
               which originates at Johns pond; Childs River; Red Brook; and through groundwater
               discharge. The waters are classified SA (suitable for propagation of aquatic life,
               primary and secondary contact recreation, and shellfish harvesting without
               depuration) by the Massachusetts Division of Water pollution Control. Under the



                                                        I I







          antidegradation provisions of the Water Quality Standards, the waters are further
          classified as High Quality Waters and are thus protected from Point pollution
          discharges. An exception to the high water quality, however, is found in the lower
          portion of the Quashnet, referred to as the Moonakis River, which is periodically
          closed to shellfishing due to high coliform bacteria counts. The Massachusetts
          Division of Marine Fisheries continuously monitors Waquoit Bay as well as other
          coastal waters of the Commonwealth to determine if waters are suitable for the
          harvesting of shellfish.

                Fish Spawning and NurseEy Area: Many species of finfish utilize the warm
          water and nutrient-rich conditions of this estuary as a spawning and nursery
          ground. In addition to the anadromous and catadromous species already
          mentioned, there are also exclusively marine species that use the estuary,
          including Atlantic menhaden, Atlantic tomcod, cunner, tautog, white hake and
          winter flounder. A Massachusetts Division of Marine Fisheries investigating team
          found that the Waquoit Bay system exhibited the greatest diversity of estuarine
          finfish species among the nine areas studied in the Commonwealth. The team
          attributed this abundance to Waquoit's location on the south shore of Cape Cod
          where cold water species from the Gulf of Maine and warm water species from
          the Mid-Atlantic intermingle.

                Wildlife Hgbitat: An adequate supply of food, water and cover in the Bay
          area provides an important breeding ground for many species of land and sea
          birds. The Island, marshes, dunes, and uplands within the Reserve support a
          year-round population of squirrels, rabbits, raccoons, skunks, fox, and an
          occasional deer as well as quail, and pheasant.





























                                                  12











               D. Land and Water Use

                    1. General Background

               The land and water areas included within the Reserve boundaries are assumed to
               have been a major summer and fall hunting and fishing area for Native American
               tribes.

               Early subsistence farming gave way to a thriving seafaring center and
               development of accompanying commercial enterprises. Over a hundred acres of
               salt marsh were harvested for use as cattle feed; eel grass was dried for
               fertilizer; and upstream rivers were harnessed to provide valuable energy for the
               mills created on their banks. Shellfishing and fishing continued to be of primary
               importance to the economy of the community.

               During the 1800's a summer colony developed when professional men sought relief
               for their families from the heat and congestion of large cities. Sportsmen from
               around the world, including such notables as President Grover Cleveland and
               Daniel Webster, came to enjoy the excellent fishing, boating, and other water
               related activities for which the area had become renowned.

               Washburn Island was private property when the Army first set up a secret
               amphibious training center in 1940. After the army left the site, the Washburn
               family did not return to the Island. During the 1950's, people from the area began
               using the island for informal camping and recreational purposes. In 1983, DEM
               acquired the property and it has now become part of the designated Area of
               Critical Environmental Concern (ACEC).

                     2. Historic Documentation

               South Cape Beach

               Reports indicate that South Cape Beach was used as a summer fishing and hunting
               encampment for Native American tribes. A preliminary historic and archaelogic
               survey identified no areas of special interest for excavation.

               Washburn -Isla

               A walkover survey of Washburn Island found two areas with historic artifacts
               along the eastem shore. Further investigation will be required to relate the stone
               flakes found here to activities by Native Americans. The artifacts could indicate
               an encampment area or merely a temporary worksite.
               Historic maps of Washburn Island show the existence of five structures between
               1853 and 1910. Evidence of two additional structures was found during a recent
               (1982) survey. Evidence of some of the structures can no longer be found because
               of U.S. Army construction between 1942 and 1945. At that time, military
               barracks, mess halls, garages, and related structures were built as part of the
               defense effort of World War H. During this period the island was also used as a
               recreation and convalescence area for Army personnel. At this time, access to




                                                        13






           the island was afforded by a bridge connecting the mainland and island. Although
           the bridge no longer exists, informal camping and other recreational uses have
           increased significantly since the 1950's.

           Reserve Headquarters (former Swift Estate)
           The buildings and grounds of the Reserve Headquarters are classic examples of
           rural, coastal Victorian architecture and landscaping. This style evolved at the
           end of the 1800's around the recreation and tourism influences of wealthy
           individuals leaving the cities, and summering along the coast. The potential for
           nomination of this site to the National Register of Historic Places is being
           explored. Such a listing would make it eligible for funding for preservation of
           National Register properties.


                 3. Recreation and Related Uses

           Fishing

           Considerable recreational (rod and reel) fishing occurs in the lower (southern) end
           of Waquoit Bay for such species as winter flounder, striped bass, bluefish, tautog,
           white perch, sea-run trout and tomcod. Most of this is done from boats, but there
           is a large surf fishing contingent who fish the mouth of the Bay on Washburn
           Island or along South Cape Beach.

           There is some commercial fishing for eels in the upper parts of the estuary.
           Fishing is done with eel pots in the warm months and with spears in colder periods.

           A springtime run of alewives and blueback herring enters the Bay and goes up the
           Quashnet River to spawn. Young of the year move down-river into the Bay during
           the summer months.

           Local sportfishing groups, especially Trout Unlimited, in cooperation with the
           State Division of Fisheries and Wildlife, have reestablished a population of
           sea-run trout in the Quashnet River. These fish are found year-round in the Bay
           and seasonally in the Quashnet River.

           Shellfishing
           Shellfishing is done both recreationally and commercially in Waquoit Bay. It is
           directly managed by the communities of Falmouth and Mashpee, under plans
           approved by the State Division of Marine Fisheries. Species harvested include
           quahogs (Mercenarl             ia), bay scallops (Aegui2ccten irradians , and
           soft-shell clams ftz arenaria -                                                                      I
           Shellfish harvests are variable from year to year. Estimates of the harvest by
           recreational shellfishermen are unknown at this time. The 1983 Town Report for
           Falmouth lists the following harvest figures from that town's portion of the Bay:
           410 bushels of soft-shell clams, 2,900 bushels of quahogs, and 250 bushels of bay
           scallops. These figures represent only one year of reported shellfish harvest for
           only one of the two Towns with jurisdiction over Waquoit Bay's shellfish resources.



                                                    14








               A small degree of aquaculture activities also take place on the Bay at this time.
               (For a full discussion of these activities see "Commercial Activities" on page 17.)

               Swimmin

               Containing one of the longest stretches of publicly accessible sandy beaches
               bordering Nantucket Sound, South Cape Beach is a popular facility for swimming
               and sunbathing for both residents and visitors to the Cape. With the number of
               parking spaces limited through an agreement with the town of Mashpee, South
               Cape Beach State Park offers an uncrowded beach experience and maintains the
               environmental integrity of the fragile barrier beach and dune system.

               Swimming is also allowed at Washburn Island, though no formal facilities or
               transportation to the island are provided.

               a g "in

               Recreational boating is very popular in and around Waquoit Bay and its connecting
               waterways. There are presently no marinas or heavily used mooring areas within
               the proposed Reserve. There are, however, two marinas (Little River Boatyard on
               the Little River and Edwards on the Childs River) in close proximity to the
               Reserve, and a heavy mooring area on the Bay adjacent to the public landing in
               Falmouth. This particular mooring area has become increasingly popular over the
               years due to the crowded conditions of other accessible harbors in the area. A
               Town of Mashpee landing is located on the Great River. An agreement between
               the Department of Environmental Management and the town provides for space on
               the Great River for the development of a town boat launching facility. There are
               also many docks and moorings for small boats along the shores of the Metoxit area
               of Falmouth and the Seconsett and Monomoscoy Islands.

               A small proportion of the boating on Waquott Bay is for commercial shellfishing
               purposes.

               The shallow nature of the Bay, the size of the mouth and of the connecting
               waterways, and the prohibition against new dredging within the boundaries of the
               ACEC all serve as limiting factors to the size and type of boating. It is expected
               that boating in the Bay will remain principally recreational in nature (with a small
               degree of commercial shellfishing) with the size of the boats limited by the
               shallow waters of the Bay.

               Hunt

               Hunting has traditionally occurred on Washburn Island and South Cape Beach. No
               hunting is allowed at the Reserve Headquarters due to state and local regulations
               regarding hunting in residential areas.
               Species generally hunted in the Waquoit Bay area include migratory waterfowl,
               rabbits, squirrels, quail, and pheasants. Hunting seasons and other regulations are
               set by the Massachusetts Division of Fisheries and Wildlife. For all the above
               species, hunting seasons occur between October and February.







           Pheasants have been stocked on South Cape Beach since 1975 by the Division of
           Fisheries and Wildlife at a level of approximately 120 birds a year. Hunting
           policies on South Cape Beach are reviewed anually by the the South Cape Beach
           State Park Advisory Committee.

           Aesthetics

           The undeveloped, "pristine" nature of the Bay, Washburn Island, and South Cape
           Beach is enjoyed by many of the visitors to the area as well as nearby residents
           and townspeople of Falmouth and Mashpee. This appreciation was manifested in
           both local and statewide support for acquisition of the parcels now included in the
           State Park. People use the area for swimming in the high quality waters, walking
           the clean beaches, harvesting of shellfish, and viewing the plants and animals of
           the area in an unhurried and peaceful atmosphere.


                 4. Residential Development

           Falmouth

           The town of Falmouth contains two distinct developed areas adjacent to the
           Waquoit Bay NERR. The village of Waquoit lies within Falmouth just north of the
           Reserve boundary. Waquoit Village is a lightly settled development concentrated
           along Route 28. The village consists of single family homes and small
           neighborhood businesses. The land to the north of Waquoit Village is presently
           undeveloped and zoned residential with new development largely limited to single
           family housing units on one acre lots.

           The second area of development in Falmouth lies to the west of Washburn Island.
           Here exist two densely developed peninsulas, Seapit and Sea Coast Shores, running
           parallel to the island. Both peninsulas are developed in their entirety, with the
           predominant land use being single family residential units on small lots.
           Development of the Seapit peninsula, the smaller of the two and directly abutting
           Waquoit Bay, occurred gradually through the 1900's, while Sea Coast Shores was
           intensely developed during the 1950's. Today, new development on the peninsulas
           is limited to infill construction on the few remaining open lots, and upgrading of
           older structures. No sewer service is supplied to any of the residential areas
           adjacent to Waquoit Bay.

           MashMe

           Previous to 1370 most of the Bay was commonly owned and utilized for haying
           purposes. After 1970, the upland surrounding the Bay was divided among the
           residents as private property. There was no significant development of the area
           until the early part of this century. In 1913, the upper half of Monomoscoy Island
           was subdivided into hundreds of 25 foot wide lots as part of a development called
           "Waquoit Park." Over the succeeding 40 years, the remainder of Monomoscoy
           Island and Seconsett Island was subdivided into lots which were typically 50 foot
           wide and averaged 100 feet deep. These lots were primarily utilized for the
           construction of summer cottages.





                                                    16







               Development of the mainland to any significant extent did not occur until the late
               1960's. Most of what is known as "Little Neck" between Jehu Pond and Great
               River was subdivided in the late 1960's and early 1970's into approximately 300
               lots ranging from 10,000 to 20,000 square feet. In 1963, a special permit was
               issued for a development, called New Seabury, that would extend across the entire
               lower portion of Mashpee along the coast. That permit called for 3,484 dwelling
               units and 970,000 square feet of commercial area. Over the succeeding 20 years
               much of that development has been completed except for a 401 acre portion
               adjacent to Waquoit Bay which is now South Cape Beach State Park.
               In recent years development has continued on the north side of Hamblin Pond,
               with two subdivisions totalling 100 lots. In addition, a 30 unit condominium
               project has been constructed on the eastern shore of Jehu Pond.

               Two remaining sizeable parcels of undeveloped land in proximity to the Waquoit
               Bay NERR exist today. One is a 386 acre parcel on the north and east sides of
               Jehu Pond along Dutchmans and Abigail Brooks. The New Seabury Corporation
               has proposed a residential development, including 530 single family residences and
               condominiums, and an eighteen hole golf course, but has not been able to proceed
               due to title problems which will probably continue to stall the development for a
               number of years.

               The second is an undeveloped tract of land along the Quashnet River, north of the
               Reserve. Protection of this property is considered significant to the maintenance
               of high water quality of the Quashnet River, an important feeder stream to the
               Waquoit Bay estuary. The Department of Environmental Management purchased
               361 acres of undeveloped land along the Quashnet River in July 1988 in order to
               insure that the integrity of the Quashnet River and adjoining Waquoit Bay is
               maintained. Several environmental groups are actively seeking support for the
               protection of the remaining undeveloped land along the Quashnet.

                     5. Commercial Activities

               Commercial activity within and adjacent to the Reserve is, for the most part,
               small in scale. Activities within the Reserve include shellfishing and a small
               degree of aquaculture. There are presently three private shellfish aquaculture
               grants in the bay; one in the Falmouth portion and two in Mashpee. The grant in
               Falmouth (Seapit River) is comprised of 22 acres and has been existence by
               various owners prior to 1900. The present grant owner reported harvesting of
               15,919 bushels of quahogs and 1,231 bushels of oysters in 1986.

               Two private shellfish grants of 8 and 1.5 acres respectively, were established in
               Mashpee in 1983. These two abutting grants, which are located near the
               confluence of the Great and Little Rivers, are attempting to grow quahogs from
               seed to marketable size. One grantholder reported harvesting 40 bushels of
               quahogs in 1986, while the other reported no harvest for that year.

               The only commercial activity outside the boundary of the Reserve with a
               potential impact upon Waquoit Bay is cranberry bog farming. Active bogs are
               located adjacent to the Moonakis River, and adjacent to the Quashnet River near
               its source.





                                                        17









            E. Issues and Problems


            Several concerns exist at Waquoit Bay that in some way potentially threaten the
            resources and land and water uses outlined on the preceding pages. These
            concerns are presented here to raise the level of consciousness and provide a
            better understanding of the fragility of Waquoit Bay and the constraints imposed
            upon the ecosystem to the people who use, enjoy, and administer policies
            affecting the Bay environment.

            Most of the concerns existing at Waquoit Bay are, to some degree, caused by the
            development and/or popularity of the resources present here. The Cape Cod
            geographic area has been experiencing extremely rapid population growth and
            development over the last decade and a half. Population figures reveal a 53%
            population increase on the Cape for the decade between 1970 and 1980 at a time
            when the population for the state as a whole only increased I%. Population
            estimates for the 1980's indicate a sustained population increase, though slightly
            below the previous decade. In addition, the population of Cape Cod during the
            summer months is estimated to be 3.5 times that of the permanent population.
            (Cape Cod Planning and Economic Development Commission) Popularity and
            resulting use of Cape resources have produced a number of "problems" at Waquoit
            Bay that should be monitored closely.

            An obvious and readily observable result of increased population and popularity of
            Cape Cod, and specifically the towns of Falmouth and Mashpee, is the increased
            use of the waters of and adjacent to the Bay. The number of boat moorings within
            the Bay has increased sharply in recent years. In the last two years alone the
            number of boat moorings on Waquoit Bay has increased from 285 to 400. This
            increase has caused conflicts among boaters and between boaters and other users
            of the Bay competing for limited water resources. Another concern is the       bodies.
            increased construction of docking facilities on the Bay and adjacent water
            Dock construction and use over saltmarsh areas impairs the productivity of the
            saltmarsh (through shading of vegetation and increased sedimentation), while
            random construction of docks along the Bay adds to the problem of congestion on
            the water.

            Observed popularity is not just confined to water use at Waquoit. Real estate
            development Capewide is currently experiencing tremendous growth. Land
            speculation arid development are occurring in many places within the watershed of
            Waquoit Bay and adjacent ponds. Development along feeder streams to the Bay
            could potentially disrupt the natural functioning of the system through short and
            long-term effects of pollution and erosion. Currently the area surrounding
            Waquoit Bay contains no public sewer service. The sandy soils and low water
            table of the Cape provide little buffer to effectively treat the types Of pollution
            normally associated with dense residential development. The towns and state
            recognize the problems associated with increased development in the Bay area but
            are limited in their efforts of large scale land preservation due to the rapidly
            rising land values on the Cape.
            Other pollution sources threatening Waquoit Bay include rubbish, oil, nonconsumed
            fuel, paint toxins, and sewage release associated with boat use; storm water








               runoff; pesticides and nutrients associated with cranberry bog farming; and
               pollution resulting from high concentrations of waterfowl. While regulations exist
               for the proper disposal of sewage from boats, practical problems exist with
               enforcement. As boating levels increase within the Reserve, problems associated
               with pollution will likely increase as well. At the present time, a shellfishing bed
               on the Moonakis River is periodically ordered closed by the state due to
               contamination. The Massachusetts Division of Marine Fisheries conducts coliform
               bacteria testing of shellfish beds in Waquoit Bay and feeder streams three to four
               times each year.

               The Waquoit Bay NERR will strive to minimize the impact of the problems
               described above by focusing greater attention on the problems and their potential
               solutions, by providing additional monitoring capabilities, and by bringing together
               individuals and organizations with expertise in a variety of disciplines involving
               coastal issues.
















































                                                          19








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                         WAQUOIT                                   BAY                                                                       State Owned Lands
                          National Estuarine Research Reserve                                                                               Legend:
                              ,.6@                                                                                                          ED R.. Boundam
                                                       scale in feet                   41@                                                           South Cape Beach
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                   Figure 3










                111. EXISTING RESOURCE PROTECTION


                A. Land Ownership

                Land ownership is a critical factor when discussing the degree of protection
                afforded to the lands and waters within the Estuarine Reserve boundaries. The
                preceding section reveals the alarming trends in population and development in
                the Waquoit Bay area. These statistics serve to underscore the importance of
                land ownership in determining the character and use of Waquoit Bay in the
                future.. Public ownership of land serves to prevent land uses with potential to
                adversely impact the resources within the Reserve, while also opening the land to
                the public for education, enjoyment, and research application.

                The Waquoit Bay NERR contains a large acreage of land devoted to public use and
                protection. This land includes two state park segments, South Cape Beach and
                Washburn Island, acquired by the Department of Environmental Management
                (DEM) in 1982 and 1983 respectively, and the Reserve Headquarters acquired by
                DEM in 1988 (See Figure 3). Together, these two State Parks comprise
                approximately 736 acres, or 60% of the total land area within the Reserve. The
                majority of the remaining land area within the Reserve are wetlands.
                Collectively, the State Parkland serves to protect 3.8 miles, or 60% of the
                shoreline fronting on Waquoit Bay. With the Department's commitment to the
                protection of environmental integrity, the Commonwealth has effectively utilized
                land ownership to protect ecologically significant lands within the Reserve.

                South Cage Beach

                South Cape Beach contains 401 acres of land along the coast in the town of
                Mashpee. The DEM acquired South Cape Beach in 1982 for coastal ecosystem
                protection and public recreation.

                South Cape contains a diversity of ecosystems including barrier beach and dunes
                (104 acres), two salt ponds (79 acres), salt marsh (88 acres), and coastal lowland
                forest (130 acres). At the present time, the park is only lightly developed,
                including one small cottage, a mile of gravel roads, and two gravel based parking
                lots with a total capacity for 110 cars. Although only recently established, South
                Cape Beach attracts approximately a thousand visitors on a typical clear summer
                day, primarily to take advantage of the warm ocean waters and 6,000 feet of
                sandy beach.
                A development plan is currently being completed for the park incorporating the
                terms of an agreement between the Commonwealth and the town of Mashpee.
                That agreement of June 29, 1981 (see Appendix B) stipulates that development
                and use of the park shall be limited to "bathing, sunning, hiking, fishing, nature
                interpretation, non-motorized biking, and associated passive enjoyment through
                recreational use consistent with the fragile ecology of the site..." Overnight
                camping is forbidden under the agreement, and off-road vehicles may only be used
                by the elderly or disabled, and are limited in number, by route, and time of day.




                                                           21















           Master Plan
           SOUTH CAPE BEACH
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              Permits may be issued for a maximum of six such vehicles during the hours
              between sunset and sunrise, and are intended only to provide access for fishing.
              By agreement, public parking is limited to a total of 400 vehicles in "several
              landscaped sites".

              It is further required that "all park facilities will be designed, sited and
              maintained so that they do not harm the natural and scenic qualities of the
              area..." and that the Commonwealth "will manage the fragile wetland, dune and
              upland areas of the site to prevent erosion and to preserve critical habitat and the
              area's natural scenic qualities."

              The agreement also establishes a South Cape Beach State Park Advisory
              Committee which meets monthly to review and advise on matters of park
              management and operations, rules and regulations, and development planning and
              design. (A copy of the agreement between the Town and DEM is located in
              Appendix B.) A park supervisor and staff have been appointed for South Cape
              Beach and they work closely with the Advisory Committee.

              The development plan for South Cape Beach State Park is currently undergoing
              state environmental review.

              Washburn Island

              Washburn Island, located in the town of Falmouth, makes up the western border of
              Waquoit Bay. Comprised of some 330 acres, this barrier island includes a sandy
              barrier beach and dune system at the southern end bordering on Nantucket Sound.
              This barrier is a western extension of that on South Cape Beach. North from the
              barrier extend acres of oak and pine forests, salt marshes, and salt ponds. This
              parcel was acquired by the Department of Environmental Management in June of
              1983 and has become part of the State Forest and Parks system. It is managed in
              conjunction with South Cape Beach State Park.

              A preliminary management plan developed for the park recommends that the
              island be managed for limited use, primarily passive recreational activities such
              as hiking, nature study, etc. (A copy of an excerpt of the management plan
              pertaining to recreation use is located in Appendix C.) Access to the island is by
              boat only. There are no plans to construct any sort of vehicle connector to the
              island, and no formal transportation to the island for visitor use will be provided
              by DEM in the foreseeable future due to a lack of appropriate docking facilities
              and comprehensive management plan. Docks are proposed to accommodate
              visitors and staff. Trails and interpretive displays are being planned.
              Consideration Is also being given to tent camping on the eastern side of the
              island. Comfort stations, boardwalks, and scenic overlooks are proposed. Any
              construction on Washburn mu-st consider potential archaelogical resources.
              Unsupervised swimming and fishing are designated for certain portions of the
              island.

              Least terns and ospreys have established nesting sites on Washburn Island. To
              protect these significant resources, portions of the beach and inland areas may be
              closed during the nesting season. Appropriate boardwalk design and location will
              facilitate this protective measure.




                                                      23







                        Prefiminar Master Plan

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               Figure 5









               Reserve Hea quarters
               In November of 1987, the Department of Environmental Management acquired 23
               acres at the head of Waquoit Bay, which now serves as the headquarters/visitors
               center for the Reserve. Locally referred to as the Swift Estate, the Reserve
               Headquarters is located in Falmouth on a bluff thirty feet above the waters at the
               north end of Waquoit Bay. (See Figure 3) The property is bounded to the south by
               Waquoit Bay, to the west by a private yacht club, to the north by Route 28, and to
               the east by Whistlers Road, a private way. Site improvements on the property
               include: three buildings (a 100-year-old three story, 16 room Victorian Mansion; a
               carriage house; and a two story boathouse); a paved road leading to the buildings;
               and a stone wall fronting on Route 28. The mansion and carriage house have not
               been occupied for many years, however, are structurally sound, and with
               considerable renovation are proposed as the central facility for the Waquoit Bay
               NERR.

               The former Swift Estate is considered an ideal parcel to accommodate the
               Reserve Center for several reasons, including: a desirable physical location
               providing access along Route 28 and a central viewing point overlooking the entire
               Bay; ready pedestrian access to the water edge; proximity to a small salt marsh
               and pond, potentially significant for research and education; and existence of a
               "quality presence" with its landscaped grounds, stone walls, and historic
               significance of the buildings on site. Establishment of a Headquarters/Visitors
               Center at the Swift Estate will contribute greatly to the successful operation of
               the Waquoit Bay NERR by providing an on-site presence in which research,
               education and interpretation, and monitoring activities can be based.

               The grounds of the Reserve Headquarters contain several plant species listed as
               rare and endangered statewide. Any construction associated with rehabilitation
               of the site as the Reserve Headquarters/Visitors Center must take into account
               these species. The soils of the property are especially conducive to the growth of
               state-listed Sandplain Gerardia, and would provide a suitable site for propagation
               and transplant efforts. The Waquoit Bay NERR will be working with the Natural
               Heritage Program to enact management techniques that will lead towards
               maintenance and potential expansion of rare and endangered plant species
               populations on the headquarters property.



               The remaining lands within the Reserve are privately owned, most being
               undeveloped saltmarshes surrounding the many small waterbodies in the Reserve.
               Lands adjacent to the Reserve are also predominantly under private ownership
               with the exception of a two acre tract located on the Bay in Falmouth, north of
               Washburn Island, serving as a town public landing; and two tracts of land adjacent
               to South Cape Beach State Park owned by the Town of Mashpee. One of these
               tracts is the Town of Mashpee public beach, and the other is a ten acre parcel
               located at the mouth of the Little and Great Rivers, proposed for a municipal
               boat launching facility.







                                                        25









            B. Regulation

            A number of regulations exist at the the Federal, state, and local levels of
            government serving to protect the environmental integrity of Waquoit Bay.
            Successful application and enforcement of these regulations within the Reserve
            require regular and continual monitoring of resources and activities. Toward this
            end, an inventory of the laws and regulations relevant to the management and
            protection of Waquoit Bay NERR has been developed and is provided below. The
            inventory includes the title and citation of each statute, the administrative body
            charged to implement the provisions of the law, and a brief explanation of the
            purpose of each law. The inventory is a useful tool for assisting local officials and
            interested public in the understanding of the host of regulations available to help
            protect the Waquoit Bay environment.


            Federal

            1.   US Coastal Zone Management Act               US Department of Commerce (DOC),
                 as Reauthorized in 1985                      National Oceanic and Atmospheric
                                                              Administration (NOAA)/
                 Purpose: Allows participating                National Ocean Service (NOS),
                 states to review any Federal                 Office of Ocean and Coastal
                 plans, projects, or funding for              Resource Management (OCRM)
                 consistency with state CZM plan;
                 provides financial assistance.
            2.   US CZMA as Reauthorized in 1985,             US DOC/NOAA/N0S/OCRM/
                 especially National Estuarine                Marine and Estuarine
                 Reserve Regulations                          Management Division
                 (Ch. IX NOAA, Part 921)

                 Purpose: Allows for creation of
                 National Estuarine Research Reserves
                 and planning for coordinated Reserve
                 management.
            3.   US Coastal Barrier Resources Act             Office of Management and Budget
                 (Public Law 97-348)

                 Purpose: Prohibits the expenditure
                 of Federal money on development of
                 units within the Coastal Barrier
                 Resources System.
            4.   US Clean Waters Act, especially              US Dept. of Defense/
                 Section 404 (33 US Code Sect.                Army Corps of Engineers'
                 1344 (1976) as amended Pub.                  Regulatory Branch with US
                 G. No.95-217 (1977)).                        Environmental Protection Agency
                                                              oversight
                 Purpose: Regulates filling of
                 all waters and adjacent wetlands.



                                                      26







              5.    Federal Water Pollution Control            Environmental Protection Agency
                    Act amendments                             (EPA)
                    (86 Stat. 816, 1972)

                    Purpose: Creates a National Pollution
                    Discharge Elimination system which
                    applies to discharge into the territorial
                    seas, waters of the contiguous zones,
                    and the oceans.

              6.    US Rivers and Harbors Appropriation        US Dept. of Defense/
                    Act of 1899, especially Section 10         Army Corps of Engineers'
                    (33 USC Section 403, 1976)                 Regulatory Branch

                    Purpose: Prohibits unauthorized
                    obstruction or alteration of
                    navigable waters in US.

              7.    US Safe Drinking Water Act,                US EPA, Water Quality Branch
                    especially Section 1424(e)
                    (42 USC 300h-3(e), P.L. 93-523)
                    (see: Federal Register,
                    Vol. 47, No. 134, Tuesday July 13,
                    1982, Notices, pp. 30282 - 30284 for
                    Cape Cod Sole Source Aquifer
                    Designation Final Determination)

                    Purpose: Requires EPA to review all
                    Federal financially assisted projects
                    constructed on Cape Cod to be reviewed
                    for their effects on the aquifer and to
                    ensure that there is no significant hazard
                    to public health as a result of the project.

              8.    US Endangered Species Act of 1973          US Dept. of the Interior/
                                                               Fish and Wildlife Service/
                    Purpose: Protects Federally listed         USDOC/NOAA/
                    plants and animals.                        National Marine Fisheries
                                                               Service (NMFS)

               9.   US Marhu Mammal Protection Act             US DOC/ NOAA/NMFS
                    of 1973

                    Purpose: Protects Federally listed
                    marine mammals.

               10.  US Flood Disaster Protection Act           Federal Emergency Management
                    of 1973 (PL 93-234,97 statute              Agency (FEMA)
                    975.)

                    Purpose: Requires known flood-prone
                    communities to participate in the
                    Flood Insurance Program; provides
                    coverage.

                                                       27







            11.  US National Flood Insurance Act,           FEMA
                 as amended (42 USC 4321 et seq.)

                 Purpose: To map flood boundaries
                 in U.S. and provide for insurance
                 to those who reside within the
                 designated floodplains.
            12.  US Floodplain Management Executive         Executive Department and all
                 Order No. 11938 (S/24/79)                  Federal Agencies
                 Purpose: Requires Federal agencies
                 to consider alternatives to conduct-
                 ing, supporting, or allowing actions
                 to be located in a floodplain.
            13.  National Historic Preservation Act         US Department of the Interior,
                 of 1966 as amended by PL 96-515            National Park Service
                 (1980)

                 Purpose: Allows the development of
                 a National Register of Historic
                 Places to protect historically and
                 culturally significant places, districts,
                 smctures, houses, buildings, and sites.
            14.  National Environmental Policy Act          EPA and all Federal and Federally
                 of 1969. (42 USC 4321 et seq.;             assisted agencies
                 amended by PL 94-52, 7/3/75;
                 PL 94-83, 8/9/75; 40 CFR S 5100)

                 Purpose: Requires Environmental
                 Impact Reports on all major Federal
                 actions significantly affecting the
                 quality of the human environment.



            itatt

            1.   An Act Relative to the Protection          Massachusetts Executive Office
                 of the Massachusetts Coastline             of Environmental Affairs (EOEA),
                 (Acts and Resolves of 1993,                Coastal Zone Management Office
                 Ch. 599, Sect. 17; 310 Code of             (CZM)
                 Massachusetts Regulations 9.00)

                 Purpose: Establishes a Massachusetts
                 Coastal Zone Management Office; provides
                 funding to municipalities through a
                 Coastal Facilities Improvement Program;
                 amends MGL Ch. 91 to provide for water
                 dependent uses in Commonwealth tidelands.



                                                   28







               2.   Mass. Wetlands Protection Act                Mass. EOEA/Department of
                    (Mass. General Laws (MGL) Ch. 131,           Environmental Quality
                    Sect. 40; 310 CMR: 10.00)                    Engineering (DEQE), Division of
                                                                 Wetlands and Waterways
                    Purpose: Allows for the establish-
                    ment of local conservation commis-
                    sions, who, along with DEQE regulate
                    the filling, dredging, and altering
                    of wetlands.

               3.   Mass. Coastal Wetlands Restriction           Mass. EOEA/DEQE, Division of
                    Act (MGL Ch. 130, Sect. 105;                 Wetlands and Waterways Regulation
                    302 CMR: 4.00)

                    Purpose: Allows for the protection
                    of certain wetlands from dredging,
                    filling, removing and altering through
                    placement of a restriction on the
                    property deed.

               4.   Mass. Waterways Act                          Mass. EOEA/DEQE, Division of
                    (MGL Ch. 91; esp. 310 CMR: 9.00              Wetlands and Waterways Regulation
                    on Tidelands Licensing)

                    Purpose: Provides for the review
                    and licensing of all projects proposed
                    to take place between mean high water
                    and extreme low tide, or 100 rods,
                    whichever is less, with particular
                    emphasis on promoting water dependent
                    uses in Commonwealth Tidelands.

               5.   Mass. Environmental Policy Act               Mass. EOEA/MEPA Unit
                    (MGL Ch. 30 Sect. 61-62-H;
                    301 CMR: 10.06)

                    Purpose: Provides for public and
                    agency review of proposed projects
                    or activities in order to minimize
                    or prevent damage to the environment.
                    Environmental Notification Forms and
                    Impact Reports are issued under this
                    statute.

               6.   Mass. Clean Waters Act                       Mass. EOEA/DEQE, Division of
                    (MGL Ch. 21, Sect. 26-53;                    Water Pollution Control
                    314 CMR: 9.00 Certification for
                    dredging, dredged material disposal
                    and filling in waters)

                    Purpose: Requires certification for
                    any project that would dredge within
                    or fill waters of the Commonwealth in
                    order to protect marine water quality.

                                                         29







           7.   Mass. Ocean Sanctuary Act                  Mass. EOEA/Department of
                (MGL Ch. 132A; 302 CMR: 5.00)              Environmental Management (DEM)
                Purpose: Creates five state Ocean
                Sanctuaries and prohibits new
                municipal wastewater treatment
                discharges and construction on seabed
                floor in three Cape Sanctuaries.

           8.   Mass. Scenic and Recreation                Mass. EOEA/DEM
                Rivers Act (MGL Ch. 21, Sect. 17B)

                Purpose: Establishes a statewide
                system for rivers and streams in order
                to promote their use and protection.

           9.   Mass. Marine Fish and Fisheries Law        Mass. EOEA/Dept. of Fisheries.,
                (MGL Ch. 130, Sects. 1-105;                Wildlife and Environmental Law
                322 CMR: 2.0-11.05)                        Enforcement DFWELE, Division of
                Purpose: Regulates fishing, equip-         Marine Fisheries
                ment use, catches, conservation and
                management in the marine waters of
                the Commonwealth.

           10.  Mass. Inland Fisheries and Game            Mass. EOEA/DFWELE, Division of
                (MGL Ch. 131 Sect. 4,5,24,26,30,           Fisheries and Wildlife
                50 and 51; 311 CMR: 4.01-4.09)

                Purpose: Regulates the taking of
                fish in the fresh waters of the
                Commonwealth.

           11.  Mass. Inland Fisheries and Game            Mass. EOEA/DFWELE, Division of
                (MGL Ch. 131 Sect. 4,5,6 and 7;            Fisheries and Wildlife
                321 CMR: 3.00; MGL Ch. 30A Sect. 5;
                321 CMR: 3.01)

                Purpose: Regulates hunting and
                trapping of certain animal and bird
                species in the Commonwealth.

           12.  Mass.             Wildlife and             Mass. EOEA/DFWELE, Natural
                Plants Law (MGL Ch. 131 Sect. 4,           Heritage Program
                Ch. 1. 13A as amended by Ch. 572 of
                the Acts of 1980; 311 CMR: 9.00)

                Purpose: Inventories and protects
                endangered wildlife and plants.






                                                    30







                13.  Mass. Historic and Archeological Law        Mass. Secretary of State Office,
                     (MGL Ch. 9 Sects. 26 and 27)                Mass. Historical Commission (MHC)
                     Purpose: Allows for local historical
                     commissions to work alongside MHC to
                     protect the historic and pre-historic
                     resources of the Commonwealth.
                     Establishes a State Register of Historic
                     Places.

                14.  Mass. Floodplain Management                 Executive Department and all
                     (Executive Order No. 149, 11/29/78)         state agencies

                     Purpose: Calls on state agencies to
                     avoid the use of floodplains and to
                     avoid financial assistance in flood-
                     plains for inappropriate activities.

                15.  Mass. State Building Code                   Municipal Building Inspector
                     (S. 744.0)

                     Purpose: Establishes minimum building
                     design requirements for construction
                     in floodplains and coastal high hazard
                     areas.

                16. Mass. Barrier Beaches                        Executive Department and all
                     (Executive Order No. 181, 8/8/80)           state agencies

                     Purpose: Prohibits state agencies
                     from spending money on the develop-
                     ment of barrier beaches; promotes
                     their acquisition; and prohibits
                     development in barrier primary dunes
                     and velocity zone.

                17.  Mass. Off Road Recreational Vehicle         Executive Department and all
                     Use on Public Lands Containing              state agencies
                     Coastal Wetland Resources

                     Purpose: Directs state agencies to
                     establish scientifically supported
                     guidelines and monitoring procedures
                     for ORV use on state lands and lands
                     acquired with state and state administered
                     Federal funds. Channels ORV use onto
                     environmentally acceptable areas in
                     balance with other uses.

                18.  Minimum Requirements for the Sub-           Mass. EOEA/DEQE and
                     surface Disposal of Sanitary                Municipal Boards Of
                     Sewage (Title Five, 1977)                   Health

                     Purpose: Provides minimum standards
                     for disposal of sanitarY sewage on-site.

                                                           31










            LOCAL


            Mashpee

            I    Mashpee Wetlands Protection By-Law             Conservation Commission
                 (Article 4.13)

                 Purpose: Protects interests in fore-
                 shores and wetlands. Also protects
                 wetland: wildlife, recreation and aesthetics.

            2.   The Use of Waterways, Ponds and                Harbormaster
                 Lakes By-law (Article 4.17)

                 Purpose: To regulate speed, pollution,
                 moorings, abandonment of objects,
                 water skiing, and jet skiing, divers
                 and diving in and over the waters
                 within the town.

            3.   Public Beach By-law                            Board of Selectmen, Fire Dept.,
                 (Article 4.8)                                  Police

                 Purpose: Regulates the use and care
                 of public beaches.

            4.   Shellfish By-law                               Board of Selectmen and Shellfish
                 (Article 4.9)                                  Officer

                 Purpose: Regulates the taking of
                 shellfish.

            5.   Zoning By-laws (April 1985)                    Planning Board, Board of Appeals,
                 -Floodplain Provisions (Sect. 11)              Building Inspector

                 Purpose: Regulates construction and
                 development in the FEMA mapped
                 floodplains.

                 -Mashpee Quashnet River Protective
                  District (Sect. I IA)

                 Purpose: preserves the Mashpee and
                 Quashnet Rivers along with a 100 ft.
                 buffer, and their wildlife resources.
                 -Water Resource District                       Above and the Board of Health
                  (Sect. I IB)

                 Purpose: Protects the public health
                 by preventing contamination of ground
                 and surface water resources providing
                 water supply for the town.

                                                       32









                    -Areas of Critical Environmental
                    Concern (Sect. IIQ
                    Purpose: Protects the Waquoit Bay ACEC
                    and a fifty foot buffer zone from
                    inappropriate uses.
                    -Pier Provisions (Sect. 6, 1. 9)              Board of Appeals, Conservation
                                                                  Commission and Harbormaster
                    Purpose: Protects navigation rights
                    and marine environment through
                    reviews and special permit.
               6.   Board of Health Regulations                   Board of Health

                    Purpose: protects public health and
                    environment by exceeding provisions
                    of state Title 5; provides for 75 foot
                    setback between septic systems and water
                    course for single family residences and
                    100 ft. for multi-family residences.



               Falmout

               1.   Beach By-laws                                 Beach Committee and Fire
                    (Ch. VI. Sect. 1 .0 - 1 -8)                   Department

                    Purpose: Establishes procedures for
                    town use, care, regulation and control
                    of beaches (Ch. 315).

               2.   Waterways By-laws                             Harbormaster, Waterways Committee
                    (Ch. XIV, Sect. 1.0 - 1.21; Article 57,
                    A.T.M., 1980)

                    Purpose: Establishes procedures for
                    town wharves, fees, marinas, floats,
                    slips, docks, moorings, navigation,
                    ramps, swimming, diving, pollution,
                    waterskift, and vessels.

               3.   Wetland By-laws                               Conservation Commission and
                    (Ch. XV Sect. 1.0 - 1.9, Sect. 2,             Conservation Officer
                    Ch. 209; see also policy guidelines)

                    Purpose: Protects interests in fore-
                    shores and wetlands including wildlife,
                    recreation and aesthetics.






                                                         33







           4.    Fisheries Regulations                         Boards of Selectmen and Shellfish
                 (Ch. VI Sect. 1.0 - 7.0) (1.0 - 3.19          Constable
                 do not include herring or shellfish grants)

                 Purpose: Regulates raising and taking of
                 clams, quahogs, eels, herring, and scallops.

           S.    Pesticides Regulation                         Board of Health
                 (Ch. IX 1.0)

                 Purpose: Protects ground and surface
                 waters from pesticide pollution.

           6.    Hunting, Trapping and Shooting                Police Department
                 (Ch. X Sect. 1-4)

                 Purpose: Prohibits hunting, trapping
                 and shooting on town parks.

           7.    Water/Sewer regulations                       Board of Health
                 (Ch. XIII Sect. 2.1 - 2.2, et. seq)

                 Purpose: Defines "water course" and
                 exceeds state Title 5 by requiring a
                 minimum 100 ft. setback from septic
                 system leaching facility to watercourse.      Planning Board, Board of Appeals
           8.    Zoning By-laws
                 (1979 plus 1984 update and yearly             and Building Inspector
                 amendments)

                 Overlay Regulations (Article M:

                 -Water Resource Protection Districts (4100)

                 Purpose: Protects public health, ground
                 and surface waters.

                 -Wetland Regulations (4300)

                 Purpose: Protects certain irreplaceable
                 wetlands.

                 -Floodplain Zone (4400)

                 Purpose: Regulates construction of
                 structures and use of land in recognized
                 areas subject to flooding.

                 -Area of Critical Environmental Concern (4500)

                 Purpose: Protects wetlands in the ACEC and
                 prohibits structures and vegetation alteration
                 within 50 feet of ACEC.

                                                      34








                   -Uplands (Article 11. Definitions, 1983)

                   Purpose: Excludes wetlands from inclusion
                   in lot area required for zoning compliance.

                   -Building Setback (Article III. Basic District
                    Regulations (Sect. 3454), 1983)

                   Purpose: Requires 50 ft. building setback
                   from salt and fresh waterbodies.

                   -Marine Districts (Article III. Basic District
                    Regulations (Sect. 3350), 1986)

                   Purpose: Preserves and protects water
                   dependent uses around waterfront in
                   accordance with CZM and town plans.



               The regulations set forth on the preceding pages represent a comprehensive
               network of protection for lands and waters within the Waquoit Bay NERR.
               Successful enforcement of these regulations depend on an integrated system of
               local, state, and Federal oversight. The chart depicted on the next page lists the
               land and water uses that are likely to occur within the Reserve, along with the
               authorities that are responsible for enforcement, and the mechanisms that are
               utilized to insure compliance with the regulations.

               Surveillance of land activities within the Reserve will largely be the responsibility
               of the Reserve Manager. Surveillance of water activities within the Reserve and
               the majority of activities outside the Reserve lies principally with the towns. In
               most instances, state involvement is limited to hearing and deciding appeals of
               local decisions. The WBNERR Advisory Committee is currently discussing the
               possible establishment of radio contact among the entities responsible for
               surveillance of activities within and on the waters of the bay for more efficient
               enforcement. Please note that the majority of the land area within the Reserve is
               owned by the Commonwealth and subject to direct control by the Department of
               Environmental Management. In addition, the remaining private lands within the
               Reserve are wetland areas, and thus strictly regulated by both state and local
               levels of goverment.

               While establishment of the Reserve does not directly affect enforcement
               responsibilities at Waquoit Bay, the Reserve staff and committee members will
               actively prcwide an increased level of monitoring of Reserve activities, thus
               better insuring that activities potentially posing detrimental impacts to the
               estuarine system are minimized.









                                                       35




      Table 2.             Listing of land uses and activities likely to take place within or adjacent to the Reserve: the authority
                           respqnsible for enforcement of that use or activitiye and the compliance mechanism.

      A Q i Ml I-Y         TOWN (FALMOUTH AND MASHPEE)                          STATE                                               FEDERAL

      Shellfishing         The Town Shellfish Officer enforces                  The Division of Marine Fisheries (DMF)
                           licensing of recreational and com-                   issues state licenses for the commer-
                           mercial fisherman; enforces shellfish                cial sale and handling of shellfish.
                           harvesting regulations; maintains a                  State shellfish regulations enforced
                           shellfish management and propagation                 by Environmental Protection Officers
                           program. Board of Selectmen approve                  of the Division of Environmental Law
                           shellfish grants.                                    Enforcement (DELE).

      Marine               Natural Resource Officers manage the                 The DMF enacts laws to regulate the
      Finf ishing          harvesting of alewives.                              harvesting of certain species of fish;
                                                                                manages the passage of anadromous fish
                                                                                (alewives, shad, and smelt); constructs
                                                                                fishways. DMF laws are enforced by DELE.

      Hunting              Town Natural Resource Officers or                    DELE enforces regulations established               Migratory Waterfowl laws are
                           Police Officers enforce hunting reg-                 by DFW and migratory waterfowl laws                 enforced by game wardens Of iiit.
                           ulations as established by the Div-                  established by the U.S. Fish and Wild-              U.S. FWS.
                           ision of Fisheries and Wildlife (DFW).               life Service (U.S. FWS).

      Wetlands             The Conservation Commission reviews                  The Department of Environmental Quality
      Alteration           and decides upon development requests                Engineering (DEQE) hears appeals of town
                           based on the State Wetlands Protection               Conservation Commission decisions;
                           Act.                                                 and places deed restrictions on wetland
                                                                                areas through the Wetlands Restriction Act.
      Moorings             The Harbormaster enforces town bylaws                Oversight responsibilities by DEQE, Div-
      Construction         and state regulations.                               ision of Wetlands and Waterways.
      Private Pier         The Board of Selectmen have permitting               Oversight by Mass. Environmental Pro-               Army Corps of Engineers (A('l
      Construction         authority; the Conservation Commission               tection Agency (MEPA) if project is                 grant Section 10 permits.
                           issues order of conditions based on                  over 2,000 sq. ft. or within an ACEC;
                           state Wetlands Protection Act.                       CZM reviews for consistency certifi-
                                                                                cation if MEPA is involved.
      Dredging and         The Conservation Commission issues                   DEQE grants Chapter 91 licenses and                 ACE grant Section 10 permits-
      Filling              order of conditions based on the State               water quality certificates; MEPA                    EPA has oversight responsibil
                           Wetlands Protection Act.                             reviews if project is 10,000 cu.yds.                ities.
                                                                                or more; CZM reviews for consistency
                                                                                certification if MEPA is involved.







                         continued...

      A IC =1 I t        TOWN (FALMOUTH AND MASHPEE).                  STATE                                        FEDERAL

      Building           The towns regulate the use and                The Attorney General's Office is
      Construction       location of development through               responsible for approval of town zoning
                         development of zoning and health              regulations. DEQE establishes minimum
                         regulations. The Conservation                 standards for disposal of sanitary
                         Commission reviews and decides                sewage on-site (based on soil character
                         upon development requests in or               and distance from drinking water supply.)
                         adjacent to wetlan& based on the              DEQE also regulates development in wetlands
                         state Wetlands Protection Act.                areas (where the Wetlands Restriction Act
                                                                       is in place and through the Wetlands Pro-
                                                                       tection Act) and on those portions of
                                                                       barrier beaches within velocity zones or
                                                                       primary dune areas (Barrier Beach Executive
                                                                       Order 18 1.)
      Agriculture                                                      The state Department of FoW and             The EPA registers pesicides loi
                                                                       Agriculture licenses pesticide              general or restricted use.
                                                                       applicators for use of certain
                                                                       specified pesticides.









           C. Natural Protection

                1. Barrier Beaches

           In addition to the land protection mechanisms of ownership and regulatory
           controls are the naturally created protection afforded by certain landforms within
           the Reserve. The beaches along the south shore of Washburn Island and South
           Cape Beach provide a physical barrier protecting the Bay and adjacent land uses
           from the erosional effects of tidal and off-shore currents, and the potentially
           destructive effects of ocean storms. Protection of these barrier beach systems by
           the Department of Environmental Management will ensure that the natural storm
           defense provided by the systems will continue to protect the harbor and adjacent
           upland.


                2. Salt Marshes

           The 292 acres of salt marsh and freshwater wetlands within the Reserve provide a
           host of protectionary benefits to the physical characteristics of the Reserve as
           well as the plant and animal species inhabiting the estuary.

           A saltmarsh is characterized by a relatively impervious layer of peat and fine
           sediment. This impervious layer is significant for its role in maintaining the
           balance between fresh and saltwater in the estuarine system. The layer serves to
           maintain the level of the water table landward of the saltmarsh, and acts as a
           barrier preventing free, uninterrupted flow between fresh groundwater and the
           ocean.


           Salt marshes also play an important role in the protection and nurturing of marine
           fisheries and shellfish. The salt marsh is an extremely productive natural system
           providing large volumes of organic material upon which the coastal marine food
           web depends. The marsh materials may be used by consumers inhabiting the
           marsh or may be flushed by tidal flow from the marsh as dissolved nutrients or
           detritus.

           The composition and distribution of salt marsh vegetation is also significant for
           reducing the effects of pollution by removing excess nutrients and heavy metals
           delivered by surface runoff from upland areas. (See Figure 4 for the location and
           extent of barrier beaches and salt marshes within the Reserve.)

















                                                     39










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                    i                                                                                   i
                                                                                                          S 0 U N D




                   WAQUOIT                  BAY                                        Land Types
                   National Estuarine Research Reserve                                 Legend'

                                                                                            Reserve Boundary

                                                                                            salt Marsh
                                     scale in feet
                                                                                       EM Barrier Beach
                                    0 5w        ZM      North



                                                                                                                          Figure 6









              IV. MANAGEMENT STRATEGY


              A. Reserve Goals and Strategies

              In order to provide adequate management and efficient development of the
              resources within the Waquoit Bay NERR, the following management strategy has
              been devised. The Goals and Strategies are meant as guidelines for all actions
              taking place or affecting conditions within the Reserve. Since the factors
              affecting Waquoit Bay continually change, likewise the Goals and Strategies must
              be flexible and may be revised as conditions warrant.


              GOAL 1. To enhance and facilitate resource protection within the Reserve and
                       @h-ose surrounding areas that affect the Reserve.

                   Strategy 1.    Compile information on existing regulatory programs affecting
                                  Waquoit Bay NERR into a usable format, and design a program
                                  for disseminating this information.
                   Strategy 2.    Clearly define Reserve boundaries and monitor activities within
                                  those borders.
                   Strategy 3.    Evaluate existing regulations and activities affecting the
                                  quality of the Reserve, provide recommendations as needed,
                                  and assist in their implementation.
                   Strategy 4.    Develop guidelines and a program for enforcement and
                                  surveillance of activities conducted within the Waquoit Bay
                                  NERR.

                                  Work Plan: - identify enforcement agencies and officers and
                                                 discuss enforcement guidelines and schedules
                                               - assist in the establishment and implementation
                                                 of management plans for state owned land
                   Strategy 5.    Keep abreast of funding opportunities for land acquisition and
                                  real estate conditions within and adjacent to the Reserve, and
                                  seek funding when needed or desired; and investigate
                                  acquisition or voluntary donation of fee simple rights or
                                  conservation restrictions of land within and adjacent to the
                                  Reserve.
                   Strategy 6.    Promote cooperative ventures between individuals, property
                                  owner organizations, and municipal, state, and Federal agencies.

                                  Work Plan: - identify property owners abutting Reserve
                                               - prepare newsletter and disseminate
                                               - consider special benefits for locals and abutters
                                               - provide technical assistance









                                                        41






           GOAL 2. To facilitate-.Lnd encoura         rtunities for        nd long-term
                                               99-QPW               short and lo
                    scientific research grogramswithin the Reserve that_!@e@e to Tincrease
                    our knowledge and understandiniz of estuarine ane-as and assist in thei
                    protection.
               Strategy 1.    Encourage and assist in the acquisition of facilities, manpower,
                              and equipment necessary to support year-round research
                              opportunities.

                              Work Plan: -   identify existing public and private funding
                                             sources and solicit funding
                                           - create funding opportunities through innovative
                                             fund-raising functions
                                           - establish a corps of volunteers to assist in the
                                             work of the Reserve
                                           - develop a training program for volunteers.
               Strategy 2.    Encourage and assist in the establishment of research projects
                              pertaining to estuarine resources.
               Strategy 3.    To promote cooperation among the different investigators
                              working within the Reserve, and between the investigators and
                              the Reserve Manager.

                              Work Plan: - encourage all investigators to register with the
                                             Reserve Manager
                                           - contact researchers whose projects may be
                                             complementary and encourage cooperation
               Strategy 4.    To identify private lands within and adjacent to the Reserve
                              that are suitable and desirable for research opportunities, and
                              to approach landowners to develop access agreements or, where
                              compensation is found appropriate, initiate negotiations for
                              acquisition of property interests (e.g. easements) such that the
                              DEM land acquisition process towards acquiring property rights
                              such that research in these areas may take place.
               Strategy 5.    To catalog and disseminate information on estuarine resources
                              and ecosystems to the general public and to those organizations
                              and individuals with coastal management decision-making
                              responsibility or a general interest in research results, and, as a
                              result, improve estuarine use and protection.
               Strategy 6.    In coordination with the Research Subcommittee, to evaluate
                              and monitor all research activities taking place within the
                              Reserve.
               Strategy 7.    In coordination with the Research subcommittee, to assign
                              priorities to research projects which are competing for Reserve
                              funds, equipment, or space.
               Strategy S.    In conjunction with the Research, Education, and Regulations
                              Subcommittees, to select sites in which research activities may
                              take place, to protect these sites and make them available for
                              continuous study.
               Strategy 9.    To establish guidelines for evaluating and monitoring research
                              activities that include manipulation of the environment.





                                                    42








                      Strategy 10       Promote and assist in the development and
                                        rehabilitation of the Reserve Headquarters.
                               Work Plan:    -    develop a promotional brochure outlining
                                                  the quality of Waquoit Bay NERR
                                                  resources, and research opportunities
                                                  available
                                             -    disseminate brochures to appropriate
                                                  individuals and organizations
                                             -    identify funding programs for research and
                                                  distribute information
                                             -    create funding opportunities through
                                                  innovative fund-raising functions
                                             -    develop and make available a data base of
                                                  completed research projects






































                                                    43







           GOAL 3. To facilitate and encourage education and interpretation of conditions
                     an "rources existing at Waquoit Bay NERR and-education             eral
                    principles characteristic of all estuarine areas.            _Q@ne@
                Strategy I.   Encourage and assist in the acquisition of materials, manpower,
                              and equipment necessary to administer educational and
                              interpretive programs.

                              Work Plan: Same as Goal 2, Strategy 2
                Strategy 2.   Encourage and assist in the establishment of education and
                              interpretive projects pertaining to estuarine resources.

                              Work Plan: -   develop a brochure outlining the significance and
                                             value of Waquoit Bay NERR and all estuarine
                                             areas
                                            -disseminate brochures to appropriate individuals,
                                             organizations and institutions
                                            -identify funding programs for education and
                                             interpretation
                                            -create funding opportunities through innovative
                                             funding raising functions
                Strategy 3.   In cooperation with the Educational Advisory Subcommittee to
                              develop a document that outlines the policies and procedures
                              for:

                                Ranking in order of priority themes for education and
                              interpretation that will serve to most effectively increase
                              public awareness and appreciation of estuarine resources,
                              problems, and opportunities.
                              * Developing appropriate techniques for interpretation and
                              education:

                              For example: Multi-media events (video, slide show, etc.)
                              conferences, lectures, on-site tours, written leaflets and
                              newsletters, exhibits, etc.

                              * Selection of sites which have greater'potential value for the
                              conduct of interpretive and educational activities.
                              ï¿½ Cataloging and disseminating information.
                              ï¿½ Transferring scientific information gained from research
                              projects into terms that can be understood and appreciated by
                              the general public and coastal zone decision-makers.
                Strategy 4.   Develop strategies for public awareness and promotion of
                              Waquoit Bay NERR and its importance to the protection of
                              estuarine systems everywhere.









                                                    44









                   Strategy 5.   To identify private lands within and adjacent to the Reserve
                                 that are suitable and desirable for education opportunities, and
                                 to approach landowners to develop access agreements or, where
                                 compensation is found appropriate, initiate negotiations for
                                 acquisition of property interests (e.g. easements) such that the
                                 DEM land acquisition process towards acquiring property rights
                                 such that educational activities in these areas may take place.
                   Strategy 6.   Define and protect specific sites suitable and desirable' for
                                 education and interpretation, and make them available for
                                 continuous use.
                   Strategy 7.   Promote and assist in the development and rehabilitation of the
                                 Reserve Headquarters.












































                                                        45








           GOAL 4. To compile. develog, and distributc i         tio             d coastal
                    decision-making,

                Strategy I.   Gather existing information pertaining to the resources and
                              uses of Waquoit Bay, and compile information in a format
                              suitable for dissemination.
                Strategy 2.   Design and maintain a library and comprehensive bibliography
                              for information specific to Waquoit Bay, and estuarine systems
                              in general.
                Strategy 3.   Establish a standard format for presentation of research results.
                Strategy 4.   Identify coastal zone decision-makers and interest groups,
                              maintain a mailing list, and provide information on a regular
                              schedule.
                Strategy 5.   Assist in the documentation of existing conditions within the
                              Reserve and monitor changes as they occur.
                Strategy 6.   Encourage and coordinate planned research as a part of the
                              national effort to acquire, assimilate, and disseminate estuarine
                              information.
                Strategy 7.   Be responsive to specific needs and concerns of coastal areas,
                              communities, and organizations, and their requests for
                              information and assistance.
                Strategy 8.   Research and maintain a list of sources for technical assistance
                              in those disciplines pertinent to the coast, and establish a
                              clearing-house capability to reveal these sources to the public
                              when the need arises.



































                                                    46









                GOAL 5. To heighten awareness and promote
                          state, and federal levels on issues pertaining to the Waquoit Bay @@[ERR.

                     Strategy 1.     Utilize a regular flow of information to stimulate and maintain
                                     interest at all levels.

                                     Work Plan: -    design the most effective method for
                                                     disseminating information
                                                   - compile a mailing list of interested agencies,
                                                     groups, and individuals
                                                   - distribute information on a regular basis in a
                                                     consistent format
                                                   - maintain a centralized headquarters to direct
                                                     requests for information and assistance
                     Strategy 2.     Design, encourage, and conduct forums for regular updates
                                     concerning the status of activities at Waquoit Bay NERR.
                     Strategy 3.     Participate in special meetings, conferences, and workshops
                                     sponsored by local, state, or Federal government agencies to
                                     promote a "presence" and to encourage interaction and
                                     communication.
                     Strategy 4.     In particular, encourage and assist in cooperative efforts
                                     pertaining to use and protection of Waquoit Bay NERR between
                                     the towns of Falmouth and Mashpee.
                     Strategy 5.     Establish an alliance with decision-makers of component sites
                                     within the Reserve, namely South Cape Beach and Washburn
                                     Island.



































                                                             47







            GOAL 6. To encourage multiple use of [email protected] resources to the degree
                     compatible and consistent with
                     maintenance of education_and resea[ch activities.
                Strategy I.    Provide for multiple use of the Reserve to allow for those
                               recreational and commercial uses which are compatible with
                               the Reserve's character as a natural field laboratory.
                               Work Plan: -   identify potential multiple uses of the Reserve
                                              that would be compatible with the designation
                                           -  define areas appropriate for those activities, and
                                              assist in the proper utilization of these areas (ie.
                                              erection of signage describing public access
                                              points)
                                           -  identify legal constraints to these activities
                                              under present local and state law
                                           -  publish and disseminate information on uses
                                              which are encouraged, restricted/controlled or
                                              prohibited within the Reserve
                Strategy 2.    Promote and design programs for monitoring and evaluating
                               traditional recreational and commercial activiti6s taqking place
                               within the Reserve.

                               Work Plan: -   identify component sites and allowed
                                              recreational activities at those sites
                                           -  analyze compatibility of public uses at each site
                                           -  present recommendations to appropriate state
                                              and local agencies and/or advisory committees
                                              on the need to regulate activities in specific
                                              environments
                Strategy 3.    Assist in the documentation of cultural and historical as well as
                               natural resources of the Reserve for education, research and
                               public enjoyment, and assist in their protection.

                               Work Plan:  -  compile data on cultural, historical, and natural
                                              resources and their uses
                                           -  survey resources and nominate t1me eligible to
                                              the National Register of Historic Places
                                           -  perform an archaelogical reconnaissance survey
                                           -  map natural resources of the Reserve
                                           -  make recommendations to the state and local
                                              agencies and advisory committees regarding the
                                              need for additional and coordinated protection












                                                     48








                 Strategy 4. Promote and encourage compliance with local and state land
                             use planning goals.

                             Work Plan: - compile local health, wetland, and zoning
                                          regulations that impact the Reserve
                                         -review local open space, conservation and
                                          recreation plans, and any master plans
                                         -review the Statewide Comprehensive Outdoor
                                          Recreation Plan (SCORP)
                                         -review state and Federal laws and programs











































                                                49








           GOAL 7. To develop a restoration plan if, and/or where agpropriate.
                Strategy I.   Determine the need for restoration within the Waquoit Bay
                              NERR.

                              Work Plan: -   compile a list of degraded or potentially
                                             degraded areas within the Reserve
                                           - utilize written research works to identify
                                             potential "problem" areas
                                           - determine whether the types of "problems"
                                             discovered are able to be solved given current or
                                             anticipated technology

           Note:     To date, only one need for restoration has been identified within the
                     Reserve. That need is for dune restoration on South Cape Beach.
                     Restoration of the dune ecosystem is taking place under the auspices of
                     the Wetlands Protection Act in order to enhance the interests of this act
                     which include: prevention of storm damage, flood control, and protection
                     of wildlife habitat.

                     Dune restoration activities have been limited to stablization of dunes
                     through erection of snow fencing and planting of native vegetation.

                Strategy 2.   Develop a program for restoration if found to be a desirable
                              solution to "problems".

                              Work Plan: - establish criteria for undertaking restoration
                                           - develop monitoring plan and schedule for use
                                             during and after restoration takes place
                                           - identify and document approvals necessary
                                             before activities can be conducted
                Strategy 3.   Document the physical conditions, both before and after
                              restoration takes place.






















                                                     50








               B. Administration and Operation

                    I . Personnel

               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 individual will be employed and supervised by DEM,
               Division of Forest and Parks, and will be responsible for the following activities:
                         1.   General administration of the Reserve including the preparation of
                              required State, Federal, and other grant applications, budgets and
                              other fiscal matters, reports, and management of any necessary
                              records.

                         11.  Representation of the Re serve program and policies in public
                              hearings and meetings where appropriate.

                        HI.   Approval and implementation of the Reserve Education Program,
                              with the advice and assistance of the Education Advisory
                              Subcommittee. This will include coordination of on and of f-site
                              interpretive activities, preparation, publication and distribution of
                              brochures, reports, newsletters, slide shows, and other forms of
                              educational material.

                         rV.  Approval and implementation of the Reserve Research Program,
                              with the advice and assistance of the Research Advisory
                              Subcommittee. This will include active recruitment of research
                              projects for the Reserve, providing logistical support for
                              researchers, monitoring and evaluating research projects and
                              proposals, and continual assessment of research objectives.

                         V.   Approval and implementation of the Reserve Regulatory Program,
                              with the advice and assistance of the Regulation Advisory
                              Subcommittee. This will include public awareness efforts,
                              assessment of existing regulations and enforcement, and
                              identification of additional regulatory needs as they arise.

                         VI.  Responsibility for upkeep of the buildings and grounds at the
                              Reserve Headquarters.

                         VIL  Supervision of Reserve staff and volunteers involved in activities
                              of the Reserve.

                        vin.  Coordination with the Federal National Estuarine Research
                              Reserve program.

                         IX.  Completion of an annual report on activity and progress of the
                              Reserve.

               It is expected that a Visitors Services Assistant/Interpreter and a clerical
               assistant to the Manager will be needed. The Assistant/Interpreter would be






           responsible for conducting environmental education programs, assisting in public
           information tasks, assisting in the development and maintenance of exhibits and
           audiovisual materials, maintaining logs and schedules, and related tasks. The
           clerical assistant would perform routine secretarial, clerical and office
           management functions.

           As activities and programs develop at the Waquoit Bay National Estuarine
           Research Reserve, it may be necessary to consider employing a Research Director
           and/or an Education Director, or a Coordinator of Volunteers.


                2. Advisory Committee and Subcommittees

           Adviso[y Committee

           In order to provide for effective coordination and cooperation among all interests
           involved with Reserve programs, a Reserve Advisory Committee has been
           established. Thirteen members will be appointed to this Committee by the
           Secretary of Environmental Affairs. Representatives of the following interest
           groups shall be included in the membership:


                     1. The Board of Selectmen of the Town of Falmouth

                     II. The Board of Selectmen of the Town of Mashpee

                    in.  The Cape Cod Planning and Economic Development Commission

                     IV. The South Cape Beach State Park Advisory Committee

                      V. The Commissioner of the Massachusetts Department of Fisheries,
                         Wildlife, and Environmental Law Enforcement

                     VI. The Director of the Massachusetts Office of Coastal Zone
                         Management

                    V11. The Commissioner of The Massachusetts Department of
                         Environmental Quality Engineering.

                    VIII. The scientifIc community

                     IX. The education community

                      X. Environmental interest group

                     XI. Hunting, fishing, shellfishing interest groups

                    XII. Boating, waterways, marina interest groups

                    XjH. The Native American community

                    XIV. Resource Protection Interest



                                                  52








                         Representatives are nominated to the Secretary of Environmental Affairs for one
                         year appointments with no limit on the number of reappointments. A
                         representative of the Federal National Oceanic and Atmospheric Administration
                         will be included as an ex-officio, non-voting member.
                         The activities of the Reserve Advisory Committee shall include the following:
                                          1.     Advise the Reserve Manager on matters of policy related to
                                                 planning for and operation of the Reserve;

                                         H.      Appoint the members of the Research, Educational and Regulations
                                                 Advisory Subcommittees;

                                       III.      Assist in seeking support for the Research and Educational
                                                 programs and other financial matters;

                                          IV.    Conduct annual review of the Management Plan and assist in the
                                                 preparation of any periodic summary or annual reports on the
                                                 operations of the Reserve; and

                                           V.    Represent the interests of the users of the Reserve, its neighbors,
                                                 and the users of information and educational materials generated
                                                 by the Reserve.

                         The Committee shall conduct regular meetings, open to the public. The Reserve
                         Manager or staff shall act as staff to the Committee. A Chairman shall be
                         selected by vote of the Committee on a yearly basis.


                         Research Advisory Subcommittee

                         The Waquoit Bay NERR Advisory Committee will be responsible for recruiting and
                         appointing a Research Advisory Subcommittee. Membership on the Research
                         Subcommittee should include persons with a scientific research background,
                         persons with a resource management background, and persons involved in land-use
                         decision-making. It will be the function of this Subcommittee to work with the
                         Reserve Manager to:

                                           R.    develop and refine the Reserve Research program;

                                          H.     review research proposals and results of work within the Reserve
                                                 for suitability and conformance with the established goals of the
                                                 Research program;

                                         IH.     publicize Reserve facilities and recruit researchers to work in the
                                                 Reserve; and










                                                                                        53







                                   IV. with the Reserve Manager, determine sources of funding and advise
                                          WBNERR on the distribution of such funding for research within
                                          the Reserve.


                  Committee members will serve one-year terms with no limit on reappointments.
                  Their work is critical in assuring that research done in the Reserve meets the
                  goals and standards of the Research Program. In doing so, they will assure the
                  continuation and direction of the Research Program and help to protect the
                  resources of the Reserve.


                  Education AdvisoEy Subcommittee
                  The Waquoit Bay NERR Advisory Committee will be responsible for recruiting and
                  appointing an Education Advisory Subcommittee. Membership should include
                  persons with a background in education at various levels, from primary education
                  through college, persons with a media background, and local decision-makers. It
                  will be the role of this subcommittee to work with the Reserve Manager to:
                                   1.    develop and refine the Reserve Education program;
                                  IL     develop and define educational activities, with various formats for
                                         presentation to varying audiences;

                                111.     publicize Reserve educational activities and recruit individuals and
                                         groups to use the facilities of the Reserve; and

                                 rV.     develop sources of funding to sponsor educational activities
                                         publications, media presentations, etc.

                  The subcommittee members will serve one-year terms with no limit on
                  reappointments. Their work will be critical in assuring that information about the
                  Reserve and coastal and estuarine resources in general is disseminated to the
                  public.


                  Resource Protection AdviAM Subcommittee

                  The Waquoit Bay NERR Advisory Committee will be responsible for recruiting and
                  appointing a Regulations Advisory Subcommittee. Membership on the
                  subcommittee should include representatives from the Regional Planning Agency;
                  Commonwealth of Massachusetts, Department of Environmental Quality
                  Engineering or Coastal Zone Management Office; a private marina; the U.S. Coast
                  Guard; and at least one each from the towns of Falmouth and Mashpee. It will be
                  the function of this Subcommittee to work with the Reserve Manager to:
                                   1. determine all Federal, state, and local laws affecting Waquoit Bay
                                         NERR, and establish a database for Reserve use.






                                                                                 54







                           II. analyze the effectiveness of the legal apparatuses impacting the
                               Bay.
                         111.  identify additional legal needs and requirements necessary for
                               optimum environmental protection of the Bay.
                The subcommittee members will serve one year terms with no limit on
                reappointments.
                A fourth subcommittee, designed to develop volunteer services, is currently in the
                planning stages.


                      3. Forest and Park Supervision

                It is intended that supervisory responsibilities at South Cape Beach State Park and
                on Washburn Island will remain as they are presently structured. Operation of the
                state facilities, however, will recognize the goals and objectives set forth in the
                Waquoit Bay NERR Management Plan. The Park Supervisor will continue to
                assume these responsibilities on parkland, except at the Reserve headquarters
                where the Reserve Manager will have responsibility for all supervision. The
                educational program at the Reserve headquarters will be organized by the
                Reserve Manager, while educational activities at South Cape Beach and Washburn
                Island will be coordinated cooperatively by the Reserve Manager, DEM's Bureau
                of Interpretive Services, and the Park Supervisor.

                Use of South Cape Beach or Washburn Island for research purposes will be
                coordinated by the Reserve Manager with the approval of the South Cape Beach
                State Park Supervisor.


                      4. Volunteer Program

                The use of volunteers for program implementation as well as day-to-day
                operation of the Reserve is still in the planning stages. It is felt, however, that
                the use of volunteers is a cost-effective method of providing meaningful
                education and research programs.

                A survey will be conducted to determine the various areas of need, potential
                sources of volunteer expertise, and best methods to attract, train, and utilize area
                volunteers. A separate policies and procedures statement regarding the use of
                volunteers wtI1 be designed by the Reserve Manager with the assistance of the
                Advisory Committee. Upon completion of this statement and a review of the
                survey results, the Manager will initiate an outreach program designed to attract
                potential volunteers and will include the use of all media.

                Training, job assignment, and evaluation will be the responsibility of the Reserve
                Manager. Materials needed for the entire program will be developed in
                cooperation with DEM's Bureau of Interpretive Services, and the Advisory
                Committees and Subcommittees.






                                                          55










                C. Resource Protection and Use

                    1. Acquisition Plan

                In the past, acquisition within the Reserve by DEM has been utilized for a
                twofold purpose of environmental resource protection and the provision of
                recreation. It was for these reasons that South Cape Beach and Washburn Island
                were acquired.
                Protection and use of Waquoit Bay as a National Estuarine Research Reserve may
                require that additional land be acquired. Acquisition of fee simple or partial
                interests in the land are necessary to protect and provide access to those
                resources within the Reserve significant for research opportunities and public
                education and interpretation. At the present time, two areas have been identified
                for potential land acquisition by the Department of Environmental Management:
                1) access to the marshes and ponds within the Reserve, and 2) the Quashnet River
                watershed.


                Access to Marsh and Pond Areas for Limited Education and Research Pu=ses

                As mentioned previously in the plan, the Reserve includes several ponds and
                adjacent marsh under private ownership. Under existing regulations, the
                Commonwealth has adequate authority to ensure major activities that would have
                a significant adverse impact on the estuarine resources of the Reserve will not be
                undertaken in the marsh areas. The marshes in both Falmouth and Mashpee are
                protected from development by the Wetlands Protection Act (as described on page
                27) which authorizes the Conservation Commissions within the towns to prohibit
                activities that would destroy any portion of the marsh, or impair its productivity.
                An additional measure of protection is provided to the salt marsh areas in both
                towns by the Coastal Wetlands Restriction Act (also described on page 27). Under
                this Act, an order of Restriction is recorded in the Local Registry of Deeds
                serving to prohibit a specified list of activities on each designated wetland area.
                (Figure 5 depicts the wetlands restricted under the Act.) Together, these Acts
                provide permanent protection of the wetlands within the Reserve from a variety
                of land use activities that might otherwise damage these resources.

                In addition to their protection, guaranteed access to these marshes and ponds for
                research and educational purposes is considered important to the Reserve
                operation. The fragile nature of the marshes precludes wide public access, but
                assured limited access is important for both research and interpretive activities.
                As a result, upon evaluation of the ownership patterns in these areas and
                identification of those parcels most valuable for limited access, it is the intention
                of DEM to approach the owners of these parcels to ascertain their interests in
                donation or sale of easements over these parcels, or at the very least, permission
                for access to their land. Avenues of tax abatement or exemption will be
                investigated to make such actions as attractive as possible. Every effort will be
                made to pursue these actions with willing landowners only.
                Evaluation of the saltmarsh/pond areas to determine their significance for
                research and education will proceed through the remainder of this year



                                                          57








           culminating in a recommendation of desired access points by December 1989.
           Providing that state monies exist for the acquisition of land and/or easements,
           owner contacts will be initiated in January of 1990, with proposals presented for
           acquisition consideration throughout 1990.


           Quashnet River Watershed

           The Quashnet River, located north of Waquoit Bay, is a vital freshwater source to
           the estuary. At the present time, the lands on either side of the Quashnet River
           are in a predominantly undeveloped condition. In July of 1988 DEM, together with
           the Division of Fisheries and Wildlife, acquired 361 acres of land adjacent to
           Quashnet River. This purchase helps to insure the continuance of a vital, high
           quality freshwater supply to Waquoit Bay.

           Other private, undeveloped properties still exist along the banks of the Quashnet
           River. DEM will continue to monitor the status of these parcels and consider
           them for potential acquisition when appropriate.
































                                                    59
















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            WAQUOIT BAY                                              Wetlands Restriction Act
             National Estuarine Research Reserve                     Legend:

                                                                         Reserve Boundary

                                                                         Areas Restricted in Falmouth
                                                                                 @1-







































                           scale in feet                                 Areas Restricted in Mashpee

                           0 SM     2000   North


                                                                                                  Figure 7








           Other Acquisition Efforts
           From time to time, other parcels outside the Reserve boundaries that are
           important to the maintenance of environmental quality within the Waquoit Bay
           NERR might become available for sale or be threatened by development that
           would adversely impact the quality of resources within the Reserve. As these
           cases arise, the properties will be evaluated by DEM, with acquisition proceedings
           initiated (assuming adequate funding exists) for those properties found to be
           significant to the protection or use of the Reserve.

           It is recognized that any change in the Reserve boundaries or use of Federal
           (NOAA) funds for the acquisition of land will necessarily require written approval
           by NOAA.


                2. Access Plan

           While sixty percent of the shoreline abutting Waquoit Bay is state owned, access
           to the Bay is somewhat limited. Public access is presently available at three
           locations: Washburn Island and a Town Landing in Falmouth, and South Cape
           Beach in Mashpee- As part of the State Forest and Parks system, South Cape
           Beach and Washburn Island are managed primarily for passive recreation. South
           Cape currently provides parking for I 10 vehicles, with a planned maximum
           capacity of 400 vehicles. From the parking lots, the Bay is accessible by foot
           over established trails or along the beach. Washburn Island contains the largest
           stretch of shoreline along the Bay at two and a half miles but is only accessible by
           boat. The public landing in Falmouth provides a boat ramp and small parking lot.
           The landing is open to the general public and is available year-round. The landing
           is located near the north end of the Bay on the western shore.

           For vehicular, boat, and pedestrian access to the Bay for research and educational
           activities associated with the Reserve, special accommodations are planned at
           South Cape Beach and the Swift Estate.


           South Ca2C Beach

           Researchers will be able to access the Bay by vehicle via a packed dirt road
           through the northern portion of South Cape Beach. While no improvements exist
           for boat launching from a vehicle, the site will accommodate boats that can be
           hand carried from a vehicle to the water. This access is located along an
           undeveloped portion of shoreline away from organized recreation.
           For education purposes, South Cape Beach and Washburn Island will be available
           for trail-oriented Interpretive functions. Limited interpretive displays and
           notices of Reserve activities will be created on South Cape Beach as funding
           permits.








                                                    60










               Reserve Headcuarters
               The Reserve Headquarters provides a convenient access point, a quality
               environment, and a range of facilities for both research and education. The
               Headquarters site abuts the Bay to the north, and fronts on Route 28, a major
               road corridor along the southern Cape. The site is the primary access point on the
               Bay for researchers, visitors, and others. Planned parking at the Headquarters
               includes fifteen spaces adjacent to the proposed HeadquartersNisitors Center
               (mansion) for visitor use, and eight spaces proximate to the carriage house for
               researchers and staff. (See Figure 6) The boathouse provides the Reserve with
               convenient access to the water for research and educational activities, as well as
               temporary laboratory space in the basement, and conference facilities in the main
               room upstairs.


                    3. Construction Plan

               Reserve Headquarters

               The buildings existing on the Reserve Headquarters site include the mansion,
               carriage house, gatehouse, and boathouse. All the buildings are structurally
               sound, and planned for use in Reserve operations and management.

               The focal point of the property is the mansion, and this structure will serve as the
               center of activity for the Reserve. The mansion contains approximately 5,800
               square feet of floor area, and affords a superior view to the Bay and surrounding
               lands. Both the size of the building and its location in relation to the Reserve is
               ideal for the establishment of a Reserve Headquarters/Visitors Center.
               Unfortunately, the mansion is need of major revovations before its use as a
               Center can be realized. Long-term improvements and renovations are expected
               to take approximately 4-5 years. Preliminary plans for the proposed Center
               provide for visitor services including display space, and a conference room on the
               first floor, with smaller space needs such as offices, a library, and storage and
               filing rooms on the second floor.

               On an interim basis, the gatehouse building will be rehabilitated to serve as the
               Reserve Center until such time as operations can be moved to the mansion at the
               completion of renovation. The gatehouse is in need of little alteration and is
               conveniently located near the entrance to the property off Route 28.

               The carriage house is set behind the gatehouse with the proposed uses including
               equipment surage and laboratory research. The boathouse structure is located at
               the water's edge at the rear end of the property. The boathouse contains
               residence space and a garage, with the proposed use scheduled for
               conference/meeting space, and storage space for boating equipment. Based on
               preliminary inspection, eidsting buildings and grounds could be converted for
               short-term Reserve operations in eighteen months time upon initiation of work.







                                                         61

















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          RESEME HEADQUAMERS
                                                                                 50  V         200     30011.
          (Former Swift Estate)







               Construction Schedule    (assuming NOAA funding for rehabilitation before Spring
                                        of 1989)


               Activity                                           Prop!2sed Date of Completion
               I.   Conversion of existing Gatehouse,                   September 1990
                    Boathouse and Carriage house
               2.   Provision of parking and                            September 1990
                    landscaping

               3.   Renovation of Mansion                               June 1994






               Estimated Construction Costs (not including mansion rehabilitation costs)


               1. Si tework/U til i ties                        $157,000
               2. Gatehouse Restoration                           48,000
               3. Carriage House Restoration                     129,000
               4. Boat House Restoration                          31,000

                  Subtotal                                      $365,000

               Indirect Costs

               6. 10% Contingency                                $36,500
               7. 5% Engineering                                  18,250
               8. 5% Administration                               18,250

                  Subtotal                                        $73,000

                  Grand Total                                   $438,000
















                                                        63









            D. Research Program


            1. Goals

            The Waquoit Bay NERR is a complex environment consisting of a diversity of
            habitats including a barrier beach area, extensive salt and freshwater marshes, a
            number of brackish water ponds, and large areas of eel grass. The Bay shares
            many characteristics with other estuaries and coastal ponds of the Virginia
            Biogeographic Region. Waquoit Bay is constantly undergoing change, both from
            natural and man made forces. Most of these changes, such as dune erosion and
            migration, residential development, increased nutrient loading, and increased
            fishing pressures are also occurring in estuaries nationwide but are especially
            typical of problems experienced by estuaries in the northeast. Therefore, the
            establishment of a National Estuarine Research Reserve at Waquoit Bay presents
            an opportunity not only to gain valuable information on the status and functioning
            of this estuary, but to gather information that will lead to a better understanding
            and future protection of all similar estuaries. Towards that aim, the research
            goals for Waquoit Bay NEkR include:

                 1.   To establish comprehensive baseline data on the nature and functioning
                      of a protected or viable estuary, so that knowledge may be used as a
                      control against which to judge activities in similar areas.

                 2.   To develop an understanding of the impacts of human activities, both
                      obvious and subtle, on the resources of the Reserve.

                 3.   To make information developed from the above research available and
                      useful to those responsible for resource management and land-use
                      planning at individual, local, state, and Federal levels.


            2. Research Process

                      a. Permit Application

            All investigators planning to conduct research efforts within the Waquoit Bay
            NERR on land belonging to DEM will be required to apply to the Reserve Manager
            for a research permit, while all others using non-DEM areas will be encouraged to
            apply. The purpose of this permit is to coordinate and facilitate research
            activities in the Reserve, and to prevent interference between research,
            educational and recreational activities. In addition, a limited amount of logistical
            support and volunteer help is available to assist investigators in their research
            activities. The permit application will allow the allocation of these resources
            among.the research projects taking place.
            All permit applications should include the following information:
                 1. Name, address, telephone number, and affiliation of the
                   principal investigator
                 2. Accurate location(s) of proposed research site(s)




                                                      64








                   I  Explanation of methods, materials, and complete description of
                      how the site(s) will be marked
                   4. Anticipated starting and completion dates
                   5. Documentation that any necessary handling or collecting permits
                      have been obtained
                   6. A detailed list of Reserve facilities that the researcher
                      desires access to.
                   7. One page abstract of the research, including major objectives

               This information will enable adequate coordination and documentation of research
               activities and allow monitoring and protection of research sites and equipment.
               All completed applications are to be sent to the Reserve Manager.


                               b. Review

               All applications will be reviewed by the Research Subcommittee who will pass
               their recommendation on to the Reserve Manager. No access to state lands for
               field work will be given until the principal investigator receives a special use
               permit from DEM. All attempts will be made to make the review process as
               efficient as possible, and to respond to a permit application within one month.
               Occasionally, unexpected short-lived phenomena occur in the natural environment
               which present unique research opportunities. Investigators wanting to take
               advantage of such events may receive verbal permission from the Reserve
               Manager to begin sampling provided an application is filed within two weeks.


                               c. Reports

               All investigators using Reserve facilities or receiving funding from the National
               Oceanic and Atmospheric Administration or directly from the Waquoit bay NERR
               are required to submit a final report. Final project reports should be submitted no
               later than 90 days after the completion of the research. For projects extending
               longer than one year, an annual progress report should be made to the Reserve
               Manager at the end of the fiscal year. Progress reports are to contain an abstract
               summarizing the project and the results.
               All projects funded by the Marine and Estuarine Management Division of NOAA
               must conform to their guidelines for reports. Principal investigators are required
               to submit quarterly, draft and final reports by the delivery dates given in the final
               award docment.

               Other investigators working in Waquoit Bay are strongly encouraged to file a brief
               report and to send copies of reports, papers, and theses resulting from their work
               to the Reserve Manager.
               in some cases an investigator's raw data may be useful to help build upon an
               existing Reserve data base. Investigators are encouraged to consult with the
               Reserve Manager at the start of their projects to see what data is already
               available, and how further data acquisition can be secured.




                                                       65









                             d. Dissemination of Information
            Copies of research abstracts and other publications will be filed in the Reserve
            Office along with the research proposal and progress reports. Availability of
            research results and information taken from the abstract will be disseminated to
            local, state and Federal agencies, environmental groups and other interested
            parties. A centralized repository for all research products from the Reserve will
            facilitate review and dissemination of the information. The Reserve Manager and
            staff will be responsible for directing such products to the agencies, groups or
            individuals where they will be most useful. A format for applications, and
            abstracts will be developed to facilitate understanding, dissemination,
            organization, and retrieval of information.

            As a base of research builds at Waquoit Bay NERR, other researchers should be
            attracted. It will be the function of the Reserve Manager and staff to make
            known the previous work, facilities available, access to, and research
            opportunities of the Reserve. Research summaries will be provided to the news
            media and newsletters of various scientific and regulatory agencies.


                             e. Funding

            It is hoped that the Waquoit Bay NERR will be able to provide limited funds for
            research. Initially these may be provided, on a competitive basis, under the
            National Estuarine Reserve Research Program administered by the Federal Office
            of Ocean and Coastal Resource Management. Further sources of funding, from
            foundations, funding agencies, or private individuals will be sought. Such funds
            will be used to support researchers directly or to acquire necessary equipment for
            studies within the Reserve.

            All proposals submitted for funding through the Reserve or through the Federal
            Office of Ocean and Coastal Resource Management will be evaluated by the
            Research Committee using the following criteria:

                 1.    Quality of the proposal - projects should be of a high scientific merit,
                       build upon research undertaken to date and not unnecessarily duplicate
                       past investigations. The scope of the project should be manageable and
                       able to yield conclusive results within the grant time period. The
                       approach should be sound and the principal investigators should
                       demonstrate experience related to the proposed methodologies.
                 2.    Relevance to Reserve Research Objectives in Waquoit Bay - priority
                       will be given to projects which pertain directly to the management of
                       reomwces in the Bay. These are outlined in section five. Priorities will
                       be revised periodically as the research needs of the Reserve change.
                 3.    Relevance to the National objectives - NOAA gives priority to five
                       core areas: water management, sediment management, chemical inputs
                       and other pollutants, coupling of primary and secondary productivity,
                       and fishery habitat requirements. All else being equal, proposals which
                       thoroughly discuss the relationships between the local/regional issues
                       and national issues and tie them in with the Proposed research will be
                       given higher rank than those that do not.



                                                      66









                   4.    Budget considerations - the budget should be reasonable, and the
                         research should be cost effective. Matching funds are required for
                         projects receiving funding from the Marine and Estuarine Management
                         Division, while all other projects are encouraged to seek matching funds.


               (Final review and selection of projects for Federal funding under the National
               Estuarine Reserve Research Program will be made by the National Oceanic and
               Atmospheric Administration.)


               3. Responsibilities

                               a. Reserve Manager and Staff

               The Reserve Manager and staff, under the Research Program, will be responsible
               for the facilitation and coordination of research within the Reserve. The Manager
               is responsible for administration and review of research applications; periodic
               monitoring of research progress; organization and dissemination of research
               results; and recruitment of additional research efforts in the Reserve.

               The Reserve Manager will be the primary contact person for any questions
               relating to research results or opportunities.

                              b. Research Advisory Subcommittee

               The Research Advisory Subcommittee shall work with the Reserve Manager to
               develop and refine the Reserve Research Program; to review research proposals
               and results of work within the Reserve for suitability and conformance with the
               established goals of the Research Program; to publicize Reserve facilities and
               recruit researchers to work in the Reserve; and in conjunction with the Reserve
               Manager, develop sources of funding for research within the Reserve.

                               c. Researchers

               Researchers shall be responsible for following proper application and progress
               reporting procedures; to conduct the study as outlined in the application form; to
               maintain all equipment in a safe and operable condition during the experiment
               period, and for removing it upon completion of the research; and to respect the
               natural condition of the estuarine ecosystem to the greatest extent possible.


               4. Facilities and Equipment

               The Reserve HeadquartersNisitors Center, upon rehabilitation, will offer office
                pace, library and research file areas, short-term dormitory space for
               researchers, and if funding permits, a small-scale laboratory space and computer
               s

               facilities. The carriage house will be used for rough laboratory space, workshops,
               and equipment storage. It is expected that the majority of research activity will
               be initiated and coordinated from this site.






                                                       67









            The boathouse at the Reserve Headquarters provides pedestrian access to the
            water for boat launching.

            It is anticipated that logistic support, in the form of small boat use, will be made
            available to the researchers on a permitted basis.


            5. Research Priorities

            Several factors have been taken into account in determining the research
            priorities at Waquoit Bay NERR. These factors include: the meager amount of
            historic research data available; issues that need immediate attention within the
            Reserve, such as water pollution and the effects of human disturbance; and the
            qualities of Waquoit Bay that are unique among the Reserves within the System of
            National Estuarine Research Reserves, and would lead towards a more
            comprehensive research approach nationwide. Various characteristics that
            separate Waquoit Bay NERR apart from many other Reserves include: I)the
            existence of state controlled recreation facilities within the Reserve that opens
            the possibility of applied research; 2)the existence of several freshwater inputs
            rather than one principal supply; 3) extremely high development pressure upon
            both the water and land resources; 4)the unique geological features; and 5)a
            history of strong rehabilitation efforts towards establishing a sea run trout
            population.

            In consideration of each of these factors, a preliminary list of research priorities
            has been developed to provide direction for the Research Program at Waquoit Bay
            NERR. Research projects allowed at Waquoit Bay will not be limited to the
            priorities presented in this list, however, the list represents the greatest needs for
            research at the Reserve during the formative years.


                 I .   Research that pertains directly to the management of the resources of
                       the Reserve.

            As stated above, the principal goal for research within the Reserve is the
            development of appropriate management techniques for coastal resources. To
            meet this objective, the following research areas will be priorities within the
            Reserve:

                 A.    Baseline measurements of the biological, chemical, and physical
                       characteristics of the Reserve and the areas which affect it.

                       -     Characterization and documentation of the location, extent, and
                             composition of the biological resources of the Reserve.
                       -     Identification of the hydrologic and geomorphologic processes
                             such as water currents, sediment characteristics, and movement
                             that shape the Reserve.
                             Determination of water quality in various areas of the Reserve.

                 B.    Periodic monitoring of changes in the biological, chemical, and physical
                       conditions of the Reserve.





                                                      68









                                 Tracking of changes over time in the location, extent, and
                                 composition of the biological resources of the Reserve, and
                                 identification of causes for these changes.
                                 Tracking of changes over time in water circulation patterns and
                                 landform change, and identification of causes of these changes.
                                 Tracking of changes in water quality over time to determine
                                 seasonality, storm effects, etc., and identification of causes for
                                 these changes.

                At the present time, funds for routine monitoring in the Reserve are not
                available, however, funds for this purpose will be sought. Some monitoring is
                presently being carried out in Waquoit Bay and nearby by local, state, and Federal
                agencies. This information includes regular climate monitoring (NOAA), coliform
                counts (DEQE), finfish assessment (DMF), and shellfish catch statistics (towns of
                Falmouth and Mashpee). The first priority is to supplement this information with
                other measures of water quality. These include regular measurements of oxygen,
                temperature, light penetration and salinity throughout the Bay, as well as
                frequent measurements of nutrients and Chlorophyll a. At least some of these
                measurements will be carried out next year by NOAA grant recipients. More
                detailed monitoring would include regular measurements of primary production,
                assessments of macrophyte biomass, production estimates for improtant finfish
                and shellfish species, measurements of toxins, species composition changes in the
                plankton and benthos, mapping of changes in dunes and channels, and hydrologic
                monitoring.

                In addition to professional monitoring activities, where possible, collection of data
                will also be conducted by the Reserve Manager, interns, and by students as a part
                of the education program.

                    C.    Studies of the effects of commercial and recreational shellfishing on
                          the resources and habitats of the Reserve.

                          -      Determination of the level of shellfishing resources and the
                                 appropriate level of harvesting to reach a maximum sustainable
                                 yield.
                          -      Evaluation of the effects of various means of shellfish harvesting on
                                 the habitat and populations of various species.

                    D.    Studies of the effects of other human activities on the flora, fauna,
                          physical processes, and ecological composition of the Reserve.

                          -      Review of the effects of recreational boating on the resources of
                                 the Reserve in order to help communities devise practical
                                 resource-related harbor use and mooring plans.
                          -      Monitoring of the effects of development in the uplands around
                                 the Bay and connecting ponds on water quality, sedimentation,
                                 salt marshes and other resources.
                          -      Determination of the effects from the recreational activities
                                 along the beach, and determination of a "carrying capacity" in
                                 order to maximize human use and minimize adverse impacts on
                                 the natural resources.





                                                         69










                2.   Research that will provide information on estuarine ecosystems which
                     will improve coastal resource management decision-making at the
                     Reserve, on Cape Cod and the Islands, in Massachusetts and other
                     states in the Virginian biogeographic region, and in the nation.

           Estuarine areas are extremely complex systems, and although Waquoit Bay
           contains significant differences, it also shares similar processes and makeups as
           other estuaries. Long-term research designed to increase our understanding of
           Waquoit Bay as an ecosystem can help us to predict future problems and aid in
           estuarine management everywhere. The following research areas exemplify this
           flecosystem level" approach:

                A.   Nutrient dynamics of Waquoit Bay (natural and anthropogenic inputs)
                B.   Groundwater and tidal flushing to the system
                C.   Coupling between primary and secondary production
                D.   Factors controlling recruitment to fin and shellfish populations





































                                                   70










                E. Education Program


                1. Goals

                The Education Program of the Waquoit Bay NERR will provide opportunities and
                activities which will foster public awareness, understanding and appreciation of
                the estuarine ecosystems; human effects on them; and the importance of these
                systems to the community, region, state, and nation. It will be the task of the
                Education Program to identify the needs, gather the information, develop
                education tools, and disseminate the information to the public. Learning more
                about the estuary, its functioning, and the methods of its protection will be a
                valuable experience for many recipients, especially decision-makers such as
                Planning Boards, Boards of Health, and Conservation Commissions; state or
                Federal agencies, and for the decision-makers of tomorrow - our children. The
                education goals for Waquoit Bay NERR include:

                    1.  To develop and implement various means for increasing public knowledge
                        and awareness of the complex nature of estuarine ecosystems, their
                        values and benefits to society and nature, and the problems confronting
                        them.

                    2.  To provide opportunities for increasing public understanding of the need
                        to protect, preserve, and utilize the natural resources of estuarine areas.

                    3.  To provide a focal point for educational activities and opportunities.

                    4.  To increase public understanding of the interrelationships between
                        research, preservation, management, and utilization.

                    5.  To establish the policies and procedures for educational activities,
                        including the planning, development, implementation, dissemination, and
                        evaluation processes.

                    6.  To aid in the transfer of scientific information into lay terms, and for
                        making it available to the public and coastal management
                        decision-makers.

                    7.  To maintain a library of general information on estuaries and their
                        resource values, and specific information on Waquoit Bay.

                    8.  To promote and encourage development of opportunities for field studies,
                        research, and educational activities.


                2. Strategies

                    Strategy 1.    Develop off-site educational programs with school systems,
                                   civic and environmental organizations, colleges and other
                                   educational institutions in order to increase. public awareness of





                                                         71










                               the estuary, Reserve facilities, and the role of the Reserve to
                               generate information that will lead to a better understanding
                               and protection of estuarine systems.

                               -develop visitor information packets, trail guides, and other
                               materials which will allow individuals to explore and learn at
                               their own pace.

                               -provide a training course for public school educators in order
                               to expand estuarine education efforts.

                               -provide informational meetings to schools, organizations, local
                               regional, state and Federal agencies to explain the role of the
                               Reserve.

                 Strategy 2.   Develop and distribute literature, graphics and other related
                               materials in order to convey to the general public, management
                               agencies, and scientific community, the goals, programs, and
                               accomplishments of the Reserve.

                               -prepare brochures, newsletter(s), slide shows, video tapes to
                               convey the mission of the Reserve.

                               -work with DEM's Interpretive Services to increase Reserve
                               outreach to component sites within the Reserve.

                 Strategy 3.   Develop on-site programs to provide contact with estuary
                               elements.

                               -nature walks and interpretive programs will be available to
                               provide overview of resources and multi-use aspects of the
                               Reserve.

                               -arrange research site tours with assistance of researchers to
                               provide an insight into methods and types of data gathering and
                               interpretation available.

                 Strategy 4.   To disseminate information generated through Reserve activities.

                               -encourage researchers to make public presentations to explain
                               their work, and provide a forum for these presentations.

                               -distribute research findings through publication of abstracts in
                               a newsletter(s).



            3. Educational/Interpretive Activities

            On-site Activities

            1. School programs - materials and curricula will be developed in cooperation



                                                     72









                    with curriculum coordinators of the Mashpee and Falmouth schools and
                    members of the Education Advisory Subcommittee.

               2.   College and University Program - Students will be encouraged to identify
                    specific topics of interest and coordinate projects within the Research
                    Program through the Reserve Manager. Information gathered will be
                    incorporated into the Education Program where appropriate. Will also
                    develop conditions and interest favorable for attracting internship activities
                    within the Reserve.

               3.   Teacher Workshops - workshops will be provided to orient educators to
                    estuarine concepts and the facilities available at the Reserve. Teacher
                    workshops will be planned at the center and, possibly, as an "in service" at
                    respective schools.

               4.   Volunteer and Docent Training - a volunteer program will be initiated at the
                    Reserve to increase outreach efforts and interpretive potential.

               5.   Special Groups - Senior citizens, scout groups, gifted or handicapped
                    programs, etc., often require program adjustments or special activities. The
                    Reserve will work to meet these needs and to provide them with educational
                    opportunities throughout the year.

               6.   Workshops - led by professionals in their respective fields are planned.
                    Possible topics which will be explored include: natural ecosystems; research
                    in the Reserve; historical, geological, ecological and economic perspectives
                    of Waquoit Bay; wildlife and plant identification; intertidal organisms, etc.

               7.   Presentations - the Reserve will provide presentations, lectures, and
                    audiovisuals of a shorter format than workshops.

               8.   Interpretive Field Trips - the Reserve will provide hikes for individuals and
                    families or other groups focusing on estuarine/ecological/historical concepts.
                    These field trips will be coordinated with DEM's Bureau of Interpretive
                    Services.


               9.   Interpretive Media:

                    -interpretive Exhibits - will be developed to depict major habitats within
                    Waquoit Bay; problems associated with estuarine health; protection
                    mechanisms present within the Reserve; significance of estuaries; history of
                    the Bay; etc.

                    -Brochures - to be developed on an ongoing basis to describe various
                    concepts, to identify flora and fauna, and to inform the visitor of the natural
                    processes taking place in the Reserve. Additional brochures will be
                    developed as the Reserve programs and facilities expand.

                    -Newsletter(s) - will be designed and distributed that will include a calendar
                    of events, illustrations, research results, and other items of note. It will be a





                                                       73









                means for disseminating information about the Reserve programs and
                resources.

                -Self-guided Nature Trail - will explore the establishment of nature trails on
                state parkland.

                -Slide Show - a valuable tool for both on-site and off-site education will be
                developed during the first year and periodically updated.

                -Library - will provide access to research results conducted on Waquoit Bay,
                and general information on estuarine systems.


            Of f-site Activities

            1.  Traveling Outreach Program - a mobile outreach program might be useful to
                gain maximum exposure for the Reserve and its activities. Contact with
                schools, service organizations and community groups will be provided by
                Reserve Manger who will present films, slide shows, lectures, and talks on the
                Reserve. A mobile trailer used as a "traveling classroom" has been suggested
                if future monies allow.

            2.  Special Activities - such as environmental forums or conferences will be
                initiated to increase awareness and support of research activities.

            3.  Interpretive Media:

                -Mobile Displays - will be used at conference workshops, fairs, etc.
                summarizing Reserve educational opportunities.

                -News Media - local and regional news media releases for newspaper, radio,
                and television as a source of program advertisement and public information.


            4. Education Priorities

            To increase awareness of the estuarine ecosystem as a valuable resource and its
            sensitivity to increasing environmental pressures, the Education Advisory
            Subcommittee sets forth the following as initial educational priorities:

                1. Establishment of a Resource Center within the Reserve to include, but
                   not be limited to, classrooms, library, and a conference room to facilitate
                   and coordinate educational activities.

                2. Identification of target populations, in addition to the ninety-one school
                   systems located in Southeastern Massachusetts, which encompass the
                   Southeast Regional District, state and local officials involved in coastal
                   decision-making, etc.

                3. Preparation of outreach educational materials relating to the value of the
                   total ecosystem to overall coastal productivity; the unique qualities of
                   Waquoit Bay in comparison to other estuaries; natural history of estuaries,
                   etc.                            74










               5. Funding

               It is intended that, to the greatest extent possible, the education program of the
               Reserve will be financially self-sufficient. Tuition for classes or donations for
               lectures and slideshows, sale of publications, memberships in a Reserve support
               group, grants from funding agencies, etc., can all help to defray the costs of
               education. It is not intended that each educational program be self-supporting,
               but that the program as a whole cover its costs.


               6. Responsibilities

                        a. Reserve Manager and Staff

               The Reserve Manager and staff, under the Education Program, will be responsible
               for the facilitation and coordination of educational activities for the Reserve.
               The manager is responsible for administration of the Education Program and will
               be the primary contact person for any questions relating to the educational
               activities of the Reserve, and for making any educational activity commitments
               for the Reserve.

                        b. Education Advisory Subcommittee

               The Education Advisory Subcommittee shall work with the Reserve Manager to
               develop and define the Reserve Education Program; develop and define
               educational activities with various formats for presentation to varying audiences;
               publicize Reserve educational activities and recruit individuals and groups to use
               the facilities of the Reserve; and to develop sources of funding to sponsor
               educational activities, publications, media presentations, workshops, etc.


























                                                         75










            F. Resource Protection Program

            1. Goals

            Massachusetts relies, to a great extent, on regulations and their enforcement for
            protection of the environment. Both state and local levels of government are
            active in enacting laws and regulations serving to protect environmental
            integrity. The organization of a subcommittee devoted to discussion of existing
            and potential regulations relevant to the protection of Waquoit Bay is viewed as a
            crucial element to the successful operation of Waquoit Bay NERR. The goals of
            the Resource Protection Subcommittee include:

                 1. To increase public awareness of the significant role regulations play in
                    protection of the resources found within the Waquoit Bay NERR.

                 2. To regularly assess the enforcement of regulations and restrictions
                    applicable to existing activities taking place within the Reserve.

                 3. To monitor the effectiveness of existing regulations to protect
                    environmental quality of Reserve resources, and identify needs for
                    additional legal mechanisms.


            2. Dissemination of Information

            All information gathered and recommendations generated by the Resource
            Protection Advisory Subcommittee will be forwarded to the Reserve Manager.
            Workshops are planned to disseminate appropriate information to decision-makers.


            3. Responsibilities

                    a. Reserve Manager and Staff

            The Reserve Manager and staff, under the Resource Protection Program, will be
            responsible for the dissemination of information to the public, and where
            appropriate; for the review of subcommittee recommendations with acxtion taken
            when appropriate (ie. notification of appropriate state or local officials in the
            event of regulation violations, submission of new legislation where necessary, etc.)

                    b. Resource Protection Advisory Subcommittee

            The Resource Protection Advisory Subcommittee shall work with the Reserve
            Manager to develop and refine the Resource Protection Program; to monitor
            activities taking place within the Reserve boundaries and review for compliance
            with existing regulations.









                                                      76



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                      APPENDIX
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1                       77







              Appendix A    List of Plant and Animal Species inhabiting the Waquoit Bay
                            NERR







              Plants


              1. Preliminary vegetative species list for aquatic areas within the
                  Waquoit Bay NERR:



              Algae
                   Green algae
                       Cladaphora sp.
                       Codium fragile
                       Enteromopha intestinalis
                       Entermopha plumosa
                       Ulva lactuca


                   Brown algae
                       Ascophylum nodosum
                       Fucus spiralis
                       Fucus resiculosus
                       Sargarssum filivendula
                       Laminaria agardhii


                   Red algae
                       Agardhiella tenera
                       Chondrus crispus
                       Polysiphonia urceolata.


              Vascular Plants


                       Zostera marina






























                                                 79






    2. Preliminary Species List - Marsh and Upland Areas

                                                                Fresh-    Salt-    Beach/      Mixed    Mixed
                                                                Water     Water    Barrier     Hard-    Oak/     Pine     Pine     Open    Dense
    Common Name             Scientific Name                     Marsh     Marsh    Beach       Woods    Aspen    Scrub    Grass            Pine

    Marsh Elder             Iva frutescens                                  X        X
    Willow                  Salix sp.                                                X
    Saltmarsh Cordgrass     Spartina alterniflora                           x
    Saltmarsh Hay           Spartina patens                                 X.
    Freshwater Cordgrass    Spartina pectinata                                                                              x
    Broom-Beardgrass        Andropogon scoparius                                                                            x         x
    Beardgrass              Andropogon sp.                                                                                  X         X.
    Hairgrass               Deschampsia flexuosa                                                                   X        X         X
    Spikegrass              Distichlis spicata                              x
    Dune Grass              Ammophila breviligulata                                  X                                      X         X
    Sedges                  Carex sp.                             X
    Rushes                  Juncus sp.                            x
    Cattail                 Typha angustifolia, letifolia         X
    Virginia Creeper        Parthenocissus quinquefolia                                          X        X        X        X         X
    Common Greenbrier       Smilax rotundifolla                                                                    X        x         x
    Glaucous Greenbrier     Smilax glauca.                                                                         X        x         X
    Grape                   Vitis sp.                                                                     X
    Bearberry               Arctostaphylos uva-ursi                                  x                             x        x         x
    Sphagnum. Moss          Sphagnum. sp.                         X
    Cranberry               Vaccinium macrocarpon                 X
    Sundew                  Drosera rotundifolia                  x
    Thread-leaved sundew    Drosera filiformis                    X
    Three square sedge      Scirpus americanus                    X
    Marsh fern              Dryopteris thelypteris                x
    Yarrow                  Achillea millefolium                                                                   x                  X
    Daisy                   Chrysanthemum leucanthemum                                                             X
    Wild Carrot             Daucus carota                                                                          x                  x
    Ragweed                 Ambrosia artemisifolia                                                                 X                  x
    Mullien                 Verbascum. thapsus                                                                     X                  X
    Salt Marsh  Aster       Aster enuifolius                                                                       x        x
    Late Purple Aster       Aster patens                                                                           x        X.
    Blazing Star            Liatris sp.                                                                            X        X
    Chicory                 Cichorium intybus                                                                      X                  x







      Vegetative Species List - Marsh and Upland Areas continued:

                                                               Fresh-   Salt-    Beach/    Mixed    Mixed
                                                               Water    Water    Barrier   Hard-    Oak/     6qP
      Common Name           Scientific Name                    Marsh    Marsh    Beach     woods    Aspen    0qS

      Pitch Pine            Pinus rigida                                           x          x       x
      Black Oak             Quercus  velutina                                                 x       x
      Scarlet Oak           Quercus  cocinea                                                  x       x
      White Oak             Quercus  alba                        x                            x
      Scrub Oak             Quercus  ilicifolia                                    x          x       x
      Post Oak              Quercus  stellata
      Red Oak               Quercus  rubra                                                    x       x
      Red Maple             Acer rubrum                          x
      Black Locust          Robinia pseudo-acacia                                             x
      Black Gum             Nyssa sylvatica                    x
      Quaking Aspen         Populus tremuloides                                               x       x
      Red Cedar             Juniperus virginia
      Sassafras             Sassafras albidum                                                x
      Grey Birch            Betula populifolia                                                X
      Black Cherry          Prunus serotina,                     X                            x
      Chokecherry           Prunus virginian                                                 x
      Beach Plum            Prunus maritima                                        x
      Rose                  Rosa rugosa                                            x
      Bayberry              Myrica pensylvanica                                    x
      Lowbush Blueberry     Vaccinium vacillans                                               x
      Highbush Blueberry    Vaccinium corymbosum                 x
      Black Huckleberry     Gaylussacia baccata                  x
      Swamp Azalea          Rododendron viscosum                 x
      Pink Azalea           Rododendron nudiflorum,              x
      Coast Pepperbush      Clethra alnifolia                                      x          x       x
      Winged Sumac          Rhus coppallina                                                   x       x
      Staghorn Sumac        Rhus typhina                                                      x       x
      Poison Ivy            Rhus radicans                        x                 x          x       x
      Winterberry           Ilex verticillata                    x
      Inkberry              Ilex glabra
      Buckthorn             Rhamnus frangula                     x
      Groundsel-tree        Baccharis halimiifolia                        x        x
      No. Wild Raisin       Viburnum cassinoides                 x
 






     Vegetative Species List - Marsh and Upland Areas continued:

                                                             Fresh-    Salt-   Beach/     Mixed
                                                             Water     Water   Barrier    Hard-    Oak/     Pine    Pine     Open    Pine
     Common Name           Scientific Name                   Marsh     Marsh   Beach      woods    Aspen    Scrub   Grass
                                                             or

                                                             swamp


     Starflower            Trientalis borealis                                              X
     Blue Flag Iris        Iris versicolor                     x
     Pink Ladyslipper      Cypripedium accule                                               X
     St. Johnswort         Hypercum perforatum                 x
     Wild Sarsaparilla     Aralia nudicaulis                                                x
     Canada Mayflower      Maianthemum canadense                                            x                                         x
     Wintergreen           Gaultheria procumbens                                            X                                  x      x
     Spotted Wintergreen   Chimaphila maculata                                              x                                  x      x
     Trailing Arbutus      Epigaea, repens                                                  x
     Solomon's Seal        Polygonatum pubescens
     Indian Pipe           Monotropa uniflora,                                              x                                  x      x
     Sweetf em             Comptonia perearina,                                                      x        x                x
     Seaside Goldenrod     Solidago sempervirens                                 x                            x       x        x
     Goldenrods            Solidage op.                                          x                            x       x        x
     Beach Peal            Lathyrus japonicus                                    x
     Sea Rocket            Cakile edentula                                       x
     Common Saltwort       Salsola Kali                                          x
     Seabeach Sandwort     Arenaria, peploides                                   x
     Seaside Spurge        Euphorbia polygonifolia                               x
     Dusty Miller          Artemesia stellariana                                 x
     Tall Wormwood         Artemesia caudata                                     x
     Glassworts            Salicornia europaea,
                           bigelovii, virginica                          x       x
     Sea Lavender          Limonium nashii                               x
     Marsh Rosemary        Limonium Carolinianum                         x
     Phrasmiter            Phragmites communis                 x
     Rose Shadbush         Amelanchir canadensis               x
     Red Chokeberry        Pyrus arbitifolia                   x
     Fragrant waterlily    Nymphaea odorata                    x










            Animals


            Shellfish


                Marine invertebrates living within the Waquoit Bay NERR:

            Common Name                             Scientific Name


            Molluscs


                Slipper Shell                       Creipidula fornicata
                Slipper Limpet                      Crevidula Plana
                Common Periwinkle                   Littorina littorea
                Moon Snail                          Lunatia heros
                Soft Shelled Clam                   Mya arenaria
                Quahog                              Mercenaria mercenaria
                Ribbed Mussel                       Modiolus demissus
                Jingle Shell                        Anomia simple
                Blood Ark                           Andara osalis
                Common Mussel                       Mytilus edulis
                Bay Scallop                         Aeguipecten irradians
                Razor Clam                          Ensis directus
                Moon Snails                         Polinices duplicatus
                Knobbled Whelk                      Busycon carica
                Channeled Whelk                     Busycon canalialatum
                Sea Clam                            Mactra solidissima
                American oyster                     Crassostrea virginica
                Lunar dove-shell                    Mitrella lunata
                Thick-lipped drill                  Eupleura candata
                Oyster drill                        Urosalyinx cinerea
                Eastern Mud Snail                   Nassarius obsoletus
                Stimpson's surf clam                Spisula Dolynyma
                Atlantic surf clam                  Spisula solidissima
                Morton's egg cockle                 Laevicardium, mortoni
                False angel wing                    Petricola pholadiformis
                Gem Clam                            Gemma Remma


            Arthropods


                Barnacle                            Balanus sT)
                Blue crab                           Callinectes savidus
                Mole crab                           Emerita talvoida
                Horseshoe  crab                     Limulus Dolyphemus
                Spider crab                         Limulus Polyphemus
                Green crab                          Carcinus maenas
                Hermit crab                         Pagurus longicaryus


            Decapods

                Squid                               Loligo Daelci







                                                 83










        Fish


            Preliminary list of fish species taken from Waquoit Bay and its
            connecting waters within the Waquoit Bay NERR:

        Family Clupeidae

            Alosa aestivalis (Mitchill) - blueback herring
            Alosa pseudoharengus (Wilson) - alewife
            Brevoortia tyrannus (Latrobe) - Atlantic menhaden

        Family Salmonidae

            Salvelinus fontinalis (Mitchill) - brook trout

        Family: Osmeridae

            Osmerus mordax (Mitchill) - rainbow smelt

        Family: Cyprinidae

            Notemigonus crysoleucas (Mitchill) - golden shiner

        Family: Catostomidae

            Catostomus commersoni (Lacepede) - white sucker

        Family: Anguillidae

            Anguilla rostrata (LeSueur)   American eel

        Family: Belonidae

            Stronp-vlura marina (Walbaum)  Atlantic needlefish

        Family: Cyprinodontidae

            Cyprinodon variegatus (Lacepede) - sheepshead minnow
            Fundulus diaphanus (Lesueur) - banded killifish
            Fundulus heteroclitus (Linnaeus) - mummichog
            Fundlus majalis (Walbaum) - striped killifish
            Lacania varva (Baird) - rainwater killifish

        Family: Atherinidae

            Menidia Beryllina (Cope) - tidewater silverside
            Menidia mendidia (Linnaeus) - Atlantic silverside











                                           84









           Family: Gadidae

               Gadus morhua (Linnaeus) - Atlantic cod
               Microgadus tomcod (Walbaum) - Atlantic tomcod
               Pollachius virens (Linnaeus) - pollock
               Urophycis tenuis (Mitchill_ - whike hake

           Family: Gasterosteidae

               Apeltes quardracus (Mitchill) - fourspine stickleback
               Casterosteus aculeatus (Linnaeus)   threespine stickleback
               Casterosteus wheatlandi (Putnam)   blackspotted stickleback
               Pungitius pungitius (Linnaeus) - ninespine stickleback

           Family: Syngnathidae

               Syngnathus fuscus (Storer) - northern pipefish

           Family: Serranidae

               Centropristis striata (Linnaeus) - black seabass

           Family: Percichthyidae

               Morone americana (Gmelin)   white perch
               Morone saxatilis (Walbaum)   striped bass

           Familyg Percidae

               Etheostoma nigr   (Rafinesque) - Johnny darter

           Family: Pomatomidae

               Pomatomus saltatrix (Linnaeus) - bluefish

           Family: Sciaenidae

               Menticirrhus saxitilis (Block and Schneider) - northern
               kingfish

           Family: Sparidae

               Stenotomus chrysops (Linnaeus) - scup

           Family: Labridae

               Tautoga onitus (Linnaeus) - tautog
               Tautogolabrus adspersus (Walbaum) - cunner










                                              85









        Family: Triglidae

            Prionotus carolinus (Linnaeus) - northern searobin
            Prionotus evolans (Linnaeus) - striped searobin

        Family: Cottidae

            Myoxocephalus aenaeus (Mitchill) - grubby
            Myoxocephalus octodecemspinosus (Mitchill) - longhorn
            sculpin

        Family: Cycolpeteridae

            Cycolperus lumpus (Linnaeus) - lumpfish

        Family: Ammodytidae

            Ammodytes americanus (Dekay) - American sand lance

        Family: Pholidae

            Pholis Runnellus (Li







































                                          86








               Truly estuarine species which spend their entire lives in the
               estuary*

                    Atlantic silverside            ninespine stickleback
                    fourspine stickleback          northern pipefish
                    mummichog                      oyster toadfish
                    rainwater  killifish           sheepshead minnow
                    threespine stickleback         tidewater silverside
                    blackspotted stickleback

               Anadromous and catadromous fish speciesg

                    alewife                        striped bass
                    American eel                   white perch
                    rainbow smelt                  blueback herring
                    brown trout


               Marine species which pay regular seasonal visits to the estuary
               usually as adults:

                    American sand lance            northern kingfish
                    Atlantic needlefish            northern puffer
                    striped mullet                 northern searobin
                    grubby                         striped searobin
                    longhorn sculpin               summer flounder
                                                   scup


               Marine species which use the estuary primarily as a nursery
               ground usually spawning and spending much of their adult life at
               sea, but ofter returning seasonally to the estuaryg

                    Atlantic menhaden              tautog
                    atlantic tomcod                white hake
                    cunner                         winter flounder


               Adventitious visitors, which appear irregularly and have no
               apparent estuarine requirements:

                    Atlantic cod                   lumpfish
                    black seabass                  pollock
                    bluefish                       rock gunnel



           Birds


               A preliminary listing of bird species found within the Waquoit
               Bay NERR.*

           Common Loon                             Merganser species
           Red throated Loon                       Hawks
           Various varieties  of Grebes            Bob-White Quail
           Sheerwater Species                      Pheasant
           American Egret                          Plover species
           Green Heron                             Ruddy Turnstone




                                              87








        Black Crowned Night Heron                Sandpiper species
        American Bittem                          Yellow legs
        Mute Swan                                Owls, various species
        Common Canade Goose                      Flickers
        American Brant                           Gulls, various species
        Mallard and Black Ducks                  Song birds
        Baldpate Duck                            Whip-Poor-will
        Green and Blue-Winged Teal               Catbird
        Greater and Lesser Scaup                 Blackbird
        Golden Eye Duck                          Yellow Warbler
        Buffle-head Duck                         Common Yellow throat
        Scoter species                           Eider

            A checklist of Massachusetts breeding birds in the Waquoit
            Bay NERR vicinity:*

        Species                  Code             Species                    Code


        Green Heron              PRobable         Eastern Kingbird           PO
        Snowy Egret              COnfirmed        Homed Lark                 CO
        Mute Swan                POssible         Tree Swallow               PR
        Canade Goose             CO               Bam Swallow                PR
        Mallard                  CO               Blue Jay                   Co
        Black Duck               CO               Common Crow                CO
        Osprey                   PR               Black-capped  Chickadee    CO
        Ruffed Grouse            PO               White-breasted Nuthatch    PO
        Bobwhite                 CO               Brown Creeper              PO
        Ring-neck Pheasant       PR               Grey Catbird               co
        Piping Plover            CO               Brown Thrasher             PO
        Killdeer                 PO               American Robin             CO
        Spotted Sandpiper        CO               Eastern Bluebird           PO
        Great Black-backed Gull  PO               Starling                   CO
        Herring Gull             PO               Common Yellowthroat        PR
        Laughing Gull            PO               House Sparrow              CO
        Common Tem               CO               Red-winged Blackbird       CO
        Least Tem                Co               Northern Oriole            Co
        Rock Dove                CO               Common Grackle             PR
        Mourning Dove            CO               Brown-headed Cowbird       PR
        Whip-poor-will           PO               Cardinal                   PO
        Belted Kingfisher        PR               Purple Finch               PO
        Common Flicker           CO               House Finch                CO
        Downy Woodpecker         PO               American Goldfinch         PR
        Savannah Sparrow         co               Rufous-sided Towhee        CO



           "Massachusetts Breeding Bird Atlas Project", Massachusetts Audubon
            Society, (unpublished).









                                             88










           Mammals


                A preliminary listing of mammal species found within the
                Waquoit Bay NERR:

                Various Species of Moles
                Shrews
                Bats
                Skunk
                Red Fox
                Red and Gray Squirrels
                Chipmunk
                Muskrat
                Cotton tail rabbit
                Deer
                Racoon
                Woodchuck



           Rare, Threatened, or Endangered Species

                Rare, endangered, or threatened species noted in the
                Waquoit Bay NERR:


           RARE PLANT SPECIES*
           Name                    Common Name            Mass. status        Federal Status


           Agalinis acuta          Sandplain gerardia     Critically          Considered for
                                                          endangered          listing as
                                                          throughout          Endangered under
                                                          range               ESA, (Category 1).

           Heliathemum dumosum     Bushy Rockrose         Threatened          Considered for
                                                          throughout          listing as
                                                          range               Threatened under
                                                                              ESA, (Category 2).

           Asclepias tuberosa      Butterfly Weed         Apparently
                                                          secure in
                                                          state and
                                                          range.1

           Spiranthes tuberosa     Little Ladies'         Apparently
                                   Tresses                secure in state
                                                          throughout
                                                          range. 1



           1. Recently removed from Division of Fisheries & Wildlife Rare Plant List.

              Source: Massachusetts Natural Heritage Program, Department of Fisheries
              Wildlife and Environmental Law Enforcememt, 1984.






                                                 89









         RARE ANIMAL SPECIES

         Acipenser brevirostrum2     Shortnose Sturgeon    Proposed for    Listed as Endangered
                                                           listing as      under ESA.
                                                           Endangered.3

         Sterna antillarum           Least Tern            Proposed for
                                                           listing as
                                                           Threatened.3

         Charadrius melodus          Piping Plover         Threatened      Considered for
                                                           throughout      listing as
                                                           range           Threatened
                                                                           under ESA,
                                                                           (Category 2).

         Malaclemys terrapin         Northern Diamond-     Proposed for
                                     back terrapin         listing as a
                                                           Species of
                                                           Special Concern3






























         2. Historical occurrence (last verified before 1978).

         3. Division of Fisheries & Wildlife Rare Animal List currently under revision.









                                            9a






          Appendix B     Agreement as to use of South Cape Beach between the Department
                         of Environmental Management and the town of Mashpee

                                        AMENDED AGREEMENT


                Agreement entered into this 29 day of June in the year 1981, by and between
           the Town of Mashpee and the Commonwealth of Massachusetts acting through the
           Commissioner of the Department of Environmental Management (DEM) pursuant to
           Chapter 1058 of the Acts of 1971, as amended whereby DEM is authorized to acquire
           by gift, purchase or eminent domain South Cape Beach in the Town of Mashpee.

                WHEREAS, the aforementioned parties entered into an agreement dated
           September 22, 1980 by substituting in its entirety therefor this Amended Agreement
           and all the provisions, covenants, and condition wherein contained.

                IN CONSIDERATION OF the mutual covenants herein contained and expressed and
           for other good and valuable consideration the parties mutually covenant and agree
           as follows:


                 (1)  That development and use of the park shall be limited to bathing,
                      sunning, hiking, fishing, nature interpretation, non-motorized
                      biking, and associated passive enjoyment through recreational use
                      consistent with the fragile ecology of the site, which shall
                      expressly exclude overnight camping, and private vehicles, except
                      only as provided for in paragraph (4) below. Any proposed
                      recreational use not specified in this paragraph shall first be
                      submitted to South Cape Beach Advisory Committee for it review
                      and recommendation.


                 (2)  That all park facilities will be designed, sited and maintained so
                      that they do not harm the natural and scenic qualities of the area.
                      The Executive Order for Barrier Beaches of Governor Edward J. King
                      signed August 8, 1980, (attached as "Exhibit A") shall be incorpor-
                      ated by reference into this Agreement and the Department will
                      undertake to enforce all its provisions throughout the area desig-
                      nated as South Cape Beach State Park

                 (3)  That the Department will manage the fragile wetland,, dune and
                      upland areas of the site to prevent erosion and to preserve
                      critical habitat and the area's natural scenic qualities. Local
                      ordinance and bylaws now effective'will be incorporated into and
                      made part of the park's rules and regulations and shall govern and
                      control, provided no legal conflict exists. No park rule or
                      regulation will permit an activity or use otherwise prohibited by
                      the rules, regulations and bylaws of the Town of Mashpee in
                      existence as of the date of executiion of this Agreement.

                  (4) That the Department may allow vehicle access to designated service
                      roads for the sole pupose of access to fishing areas to persons
                      over sixty years of age, those suffering from ambulatory disabilities,
                      or holding disabled veteran status. Said access'shall be by permit
                      only, restricted to a maximum of six vehicles at any one time, and
                      such travel shall be allowed only between the hours of sunset and
                      sunrise. Such vehicles shall be limited to designated ways and shall
                      in no circumstances be driven off the designated route onto sand ot
                      other unimproved terrain or used for overnight stays. Any violations
                      of the permit provisions shall, upon finding of violation by the
                      South Cape Advisory Conanittee, cause the revocation of said permits.


                                                  91










               In the event the above provisions are deemed discriminatory under the
               law, such use of vehicles shall be prohibited altogether. In no
               event, and under no circumstance shall there ever be an increase
               in said vehicle use above the 6 maximum herein provided for.

          (5)  That parking shall be limited to several landscaped sites, with a
               total maximum capacity of no more than 400 vehicles. Buses will be
               allowed by permit only. Such parking areas shall be finished with
               a permeable or semi-permeable material acceptable to the South
               Cape Beach Advisory Committee. The parking area shall be, if at
               all feasible, on land purchased in fee by the Department. Failing
               the reaching of agreement for such negotiated purchase, the
               Department will exercise rights available for taking by eminent
               domain. In any event and however acquired the Department will
               promptly initiate and expeditiously support legislation which will
               authorize the Department to deed, subject to conservation and other
               restrictions contained herein, said land to the Town of Mashpee for
               a nominal consideration of one dollar; and the Town,covenants, in
               turn, that it shall promptly execute a renewable lease to the
               Department for a period of 99 years for a nominal consideration of
               one dollar, said land, which lease shall contain a right to re-
               entry for breach of any one of the covenants and conditions con-
               tained herein. It is expressly covenanted and agreed that no other
               land within the park other than that specifically designated and
               identified in accordance with these provisions will be used as a
               parking area or for purposes of public parking.

          (6)  All Town.owned land acquired by the Department will be acquired by
               Deed of the Town conveying the subject land in fee simple.

          (7)  Any land in private ownership purchased by the Department for
               parking purposes shall be subject to a restriction limiting use to
               the Department to 400 cars; and all the other condition contained
               in this Agreement.

          (8)  The Department shall be responsible for a management system for
               traffic control on Great Oak Road and its point of intersection
               with other roads leading into the Park, to insure orderly traffic.

          (9)  The acquistion by the Commonwealth of 432 acres, more or less, is
               an express condition precedent to the legal existence of this
               Agreement. In the event that the acquistion by the state is less
               than 432 acres, this Agreement may, at the exclusive option of the
               Town of Mashpee, be terminated and declared void. The parcel of
               land to be acquired is the Southerly portion of the the Town of
               Mashpee, bounded on the West by WAquoit Bay, on the South by
               Nantucket Sound, and on the East by Great Flat Pond.

          (10) That primary effor t shall be made by the Department to negotiate
               purchase of the aforementioned privately owned lands.

          (11) That recognizing the possibility that all stich privately owned
               lands within the proposed boundaries uf the Park may not be able
               to be acquired through negotiated purchase, the Department will
               consider the exercise of its power of eminent domain.


                                              92









                 (12)   That any specific taking by eminent domain would be considered only
                        when efforts for a negotiated purchase have failed despite due
                        diligence by the Department to reach a settlement; or when title to
                        the land in question is of such unmarketability that remedial title
                        action would be impractical.

                 (13)   That the Mashpee Board of Selectmen will grant the Department
                        eminent domain authority by appropriate vote for the purpose of
                        acquisition of the proposed South Cape Beach State Park.

                 (14)   That as a result of the proposed development of the Park, it may be
                        necessary for the Department to acquire all municipally owned lands
                        within the proposed boundaries of the Park. These lands include the
                        existing town beach, a portion of Great Oak Road and other isolated
                        parcels standing in the name of the Town of Mashpee.

                 (15)   That such acquisition of town owned lands would be in the form of
                        land exchange in which the Town would received from the Commonwealth
                        land of equal value adjacent to the existing town beach. In con-
                        junction with any exchange, the Department will make improvements to
                        Great Oak Road, from its intersection with Red Brook Road all the
                        way to the Beach. In addition, the Department will assume costs
                        associated with the relocation of the town beach, including the cost
                        of a new access road, parking areas and necessary fencing and other
                        essential improvements. Said town beach will be to the east of the
                        state beach in the area of Great Flat Pond and shall consist of
                        approximately 30 acres and shall have an ocean frontage of approxi-
                        mately 1700 linear feet. (Map attached and incorporated by reference
                        "Exhibit B").

                 (16)   That the town   regards as recreation/conservation lands, all
                        properties which may be transferred to the Department in any land
                        exchange in conjunction with the establishment of the Park.

                 (17)   That the Department will reserve a suitable site on Gr           eat River,
                        Waquoit Bay for future use and development by the Town of Mashpee
                        for construction for a boat launch/pier facility, the metes and
                        bounds to be mutually agreed upon by the Town of Mashpee and the
                        Department. The area, or site, is to be no less than 10 acres
                        with access to and from Wills Work Road. The Department will
                        construct an improved access road to said facility and will seek
                        on behalf of the Town of Mashpee such state funds that are
                        available for municipal boat launching facilities. In furtherance
                        of the above, the Department will initiate and support legislation
                        transferring title of said site to the Town of Mashpee. In the
                        event such legislation fails of passage, the Department will lease
                        such land to the Town of Mashpee for a period of ninety-nine years
                        for nominal consideration of one dollar.


                 (18)   That the Department shall at all times continue to recognize a
                        South Cape Beach State Park Advisory Committee comprised of
                        eleven (11) voting members and four (4) ex-officio, non-voting
                        members. The voting membership of the Committee shall consist
                        of the following eight (8) residents of or representatives for the
                        Town to be appointed by the Board of Selectmen of the Town, and
                        one (1) resident of or representative for the Town of Sandwich,


                                                             93









                   Falmouth, and Barnstable to be appointed by those respective Boards
                   of Selectmen. The non-voting membership of the Committee shall
                   consist of one (1) representative each from the Office of Coastal
                   Zone Management and the Department of Fisheries, Wildlife and
                   Recreational Vehicles to be appointed by their respective agency
                   heads, together with the sitting State Representative of the Third
                   Barnstable Representative District and the State Senator from the
                   Cape and Islands Senatorial District. All succeeding members shall
                   be appointed in the same manner as stated above. The terms of all
                   voting members shall be (3) years.

            (19)   That the Committee shall continue to be responsible for making
                   recommendations to the Department on such matters to include, but
                   not be limited to, park management and operations, rules and
                   regulations, design and plan review. The Department, when possible,
                   shall submit to the Committee for review all architectural and
                   design plans and construction plans for facilities including
                   structures roadways, and parking areas in an effort to accomplish
                   the project. The Department will include a clause in the project's
                   design contracts providing for periodic review by the Committee
                   during the duration of the contract. The provisions of this agree-
                   ment shall not be amended or changed without the express consent in
                   writing of all parties thereto, except as otherwise provided for in
                   paragraph 20 below. Except as provided for in such amendments this
                   agreement shall be for a term of ninety nine (99) years. The
                   parties agree to renew those provisions contained herein which
                   otherwise expire by operation of law.

            (20)   The passage of legislation, by the General Court of the Commonwealth,
                   incorporating and adopting all the terms, provisions, conditions and
                   restrictions contained in this Agreement shall be an express
                   condition precedent to the legal existence and enforceability of
                   this Agreement, to the contemplated transfer of Town owned land to
                   the Department and to the Authority for Acquisition of land to be
                   granted by the Board of Selectmen of the Town of Mashpee. In the
                   event that all the terms, provisions, conditions and restrictions
                   are not incorporated and adopted into legislation, the Town, at its
                   sole option, may elect to terminate this Agreement, or in the
                   alternative amend this Agreement to conform to the legislation as
                   enacted, in which event the Agreement, as amended, shall be binding
                   upon all the parties thereto.

            (21)   The acceptance of Deeds by the Department to Town owned lands shall
                   not be deemed, and in fact shall not be legally construed to be a
                   full performance and discharge of the terms, conditions, provisions
                   and restrictions of this Agreement; rather, it is expressly agreed
                   and understood that this Agreement and all its terms, conditions,
                   provisions and restrictions shall survive the delivery of Deeds,
                   and shall thereafter be fully enforceable in all aspects thereof.

            (22)   it is expressly agreed that the terms, conditions, provision and
                   restrictions herein contained shall be specifically enforceable,
                   in law or equity, by a Court of competent jurisdiction, and that
                   standing in any action shall be given to the Town of Mashpee or to
                   any ten (10) citizens domiciled in the Commonwealth of Massachusetts.


                                                     94
















                                        CERTIFICATE OF VOTE



                           At a meeting  of the Board of Selectmen of the Town of Mashpee,

                     Barnstable County,  in the Commonwealth of Massachusetts, said

                     meeting being held  on July 15, 1981, having been duly called and a

                     quorom being present and voting, upon motion duly made and seconded,

                     it was,

                           VOTED:   That the Commissioner of Environmental Management be,
                                    and is hereby authorized, pursuant to the provisions
                                    of Chapter 132A, Sections 3 and 3A of the General
                                    Laws, and Chapter 1058 of the Acts of 1971 as amended
                                    to acquire by eminent domain all that land as shown
                                    on a two sheet plan entitled, "Plan of Land-South
                                    Cape Beach - Mashpee, Mass. - prepared for Dept.
                                    of Environmental Management - Scale 1" = 200' Feb.
                                    16, 1976 - Briggs Engineering & Testing Co.", on
                                    file with said Department, provided however, that
                                    no land owned by the Town of Mashpee shall be taken.
                                    The approval and vote hereunder is expressly subject
                                    to and conditional upon the full performance and com-
                                    pliance by both the Commonwealth of Massachusetts and
                                    the Department of Environmental Management of the
                                    terms, promises, covenants and conditions all of
                                    which are included and incorporated into a written
                                    agreement entitle "Amended Agreement" dated June
                                    29, 1981 between the Town of Mashpee and the Common-
                                    wealth of Massachusetts acting through the Comm
                                    of the Department of Environmental Management, a copy
                                    of which agreement is attached hereto, incorporated
                                    and made part of the Certificate of Vote; the approval    J
                                    and vote hereunder is also expressly conditional upon
                                    the passage of Legislation by the General Court of the
                                    Commonwealth incorporating and adopting all the terms,    i
                                    provisions, conditions and restrictions contained in
                                    the agreement dated June 29, 1981. The Board of
                                    Selectmen reserve to itself the unconditional right
                                    to rescind and cancel the within vote for breach of
                                    any of the conditions above stated.




                                              (Signed by Mashpee Board of Selectmen)




                                                    95







         Appendix C  Excerpt from the Washburn Island Management Plan









                    Conservation & Recreational Uses

                    CARRYING CAPACITY


                    The Relative Carrying'Capacity Map measures the ability
                    of the island's natural environment to absorb future
                    recreational use without being damaged. Some areas
                    on Washburn Island have a high capacity to absorb future
                    recreational activity while others.would be severely
                    impacted by only a slight increase in use. A sound
                    master plan for the island's future should be based
                    on a-good understanding of the site's carrying capacity
                    in order to assign future activities to the most a,p-
                    propriate locations.


                    Certain portions of the dense pitch pine forests in
                    the island's interior appear to be most tolerant and
                    amenable to recreational use. These areas have been
                    given a "high" carrying capacity rating on the map.
                    Though fire danger is a problem in these areas, the
                    pitch pine forests with hardy grass and shrub under-
                    story could support carefully planned Passive recreation
                    without significantly losing their-present quality.
                    Some possible future improvements include a comfort
                    station, dispersed camping areas and pedestrian trails.
                    These uses would be screened by the dense, absorptive
                    pine forest, which is more resistant to erosion and vis-
                    ual degradation than the more.open areas on the island.
                    The high carrying capacity areas within the pine forests
                    are also well above dangerous flood and velocity zones,
                    and are 'located away from the important visual and envi-

                                          97











      ronmental zones located earlier in this report. This
      zone of high carrying capacity would logically be the
      center of future development use of the island. Areas
      of "moderately high" carrying capacity generally occur
      in the pitch pine forests as well, though these zones
      contain a more fragile and scenic herb understory. Past
      fires have often occurred in this portion of the forest,
      so particular care should be taken here to avoid fire
      hazards. The moderately high carrying capacity zone
      could support hiking, nature study, some carefully
      controlled camping, and perhaps a few well-sited struc-
      tures. Future users of the island could be encouraged
      to travel from their arrival in the high carryina
      capacity zone through this moderately high carrying
      capacity zone on their way to the more fragile areas
      of Washburn island. In this manner., intensity of
      use would be gradually dispersed from the durable
      central upland portions of the island to the sensitive
      barrier beaches and marshes to the south. This would re-

      sult in only limited, dispersed use of fragile outlying
      zones such as the dunes and salt marshes, while high ca-
      pacity areas would become the focus of major trails and
      activities.


      The "moderate" carrying capacity zone, generally cover-
      ing the northern and central shores of the island, could
      support carefully controlled seasonal uses such as bath-
      ing, hiking trails and nature study areas. More inten-
      sive development would be prohibited here, tfiough the
     -arrival dock would of necessity be located at some point
      along the'shore. The weakest link in the ability of
      this zone to absorb future uses consists of the highly
      erodable coastal banks and fringing ailt marshes. Ped-
      estrian traffic in these areas will have to be confined
      to established trails and, where necessary, to construc-
      ted stairs and boardwalks.



                                     98












                      The "low-moderate" carrying capacity zone, located pri-
                      marily in the southern portion of the island, consists
                      of fragile dune and salt marsh vegetation presently pre-
                      served in wild, untouched expanses of seashore. Excess-
                      ive use of this zone, possible with even a few as three
                      hundred visitors a day, could drastically alter the pri-
                      mitive and untrammelled quality of this area. Access
                      to this area by large groups of people should therefore
                      not be actively encouraged. Major access points to the
                      island should be located well away from this zone, and
                      pedestrian paths 1eading to it should be carefully de-
                      signed to keep visitors away from the most critically
                      sensitive areas. Strict and enforcable criteria for
                      future use should be prepared in order to allow for
                      its future enjoyment byas many people as it will rea-
                      sonably support. This open, treeless area is especial-
                      ly vulnerable to visual intrusions.


                      Finally, areas of "low' carrying capacity - primarily
                      the salt marshes - should be restricted from most future
                      uses. These areas can support only occasional pedestrian
                      access. Sustained traffic in the marshes would quickly
                      result in the death of salt marsh grasses 'and the rapid
                      erosion of the soft, peaty soils. The flat, open salt
                      marshes are the most visually sensitive zones on the
                      island.


                      THE MASTER PLAN


                      The Preliminary Master Plan for Washburn Island directly
                      responds to the implications in the Regional Context and
                      Site Analysis portions of this report. The Waquoit Bay
                      area is becoming increasingly developed, especially the
                      land directly on the coast8 Reserving Washburn Island
                      for recreation and conservation is fundamental in help-
                      ing to preserve the region's environmental vitality and
                      marine resource values.



                                           99










             This report recommends that Washburn Island be allowed
             to remain largely in its present state. Minor improve-
             ments will allow the island to absorb limited recreation-
             al use by local residents and a limited number of visi-
             tors. Proposed uses have been carefully planned to re-
             spect the island's natural resources and physical carry-
             ing capacity. Priority has been placed on maintaining
             the current environmental and visual quality, rather than
             accomodating large numbers of visitors.


             The property should be managed in conjunction with South
             Cape Beach across the Bay. South Cape Beach provides a
             beach front park with easy access by car, and will be de-
             signed to accomodate parking for up to 400 vehicles.
             Washburn @sland, on the other hand, will be managed for
             more limited use, primarily passive recreation such as
             hiking, nature study, etc. Access to the island will
             be by private boat from So. Caoe Beach. Wooden docks on
             the east and west side of the island would be built
             to accommodate boat traffic to the site. Here, a small
             interpretive display of maps and information will greet
             the visitor, and from here trails lead out to the north
             and south portions of the island. A few private boats
             could also be allowed to dock. From the beach, access
             up the side of the island would be through an area
             previously graded by the militarv.



             Possible tent camping is located in the plan on the is-
             land's eastern-sid'e. This location i's accessible to the
             landing point while being isolated from the development
             to the west, and is on a more durable portion of the
             land. The main comfort station is located between the
             camping area and the main acdi@ss point. The desireability of
             allowinq limited camping on the site will have to be looked
             into carefully before mak2,i(, a final 4ec_s_@ur..



                                    100











            The proposed trail system utilizes the old main road as
            the western north-south trail. Cross trails are provi-
            ded to a similar trail along the east side of the island
            through the upland forests. The system is layed out to
            minimize impact and yet bring visitors into contact with
            a variety of landscapes. People will be directed by the
            trails to cross the zones of low carrying capacity
            around the main salt marsh to the south by using either
            the western old-road route, or hard sand and a raised
            boardwalk on the eastern side of the marsh.


            A few overlook structures are carefully located to take
            advantage of good views and interpretive features.
            Unsupervised swimming will be allowed on the major south-
            facing beach, and fishing can take place at the mouth
            of Eel Pond and Waquoit Bay. A carry on/carry off
            trash policy would be in effect.



            Least Terns have been observed nesting on the barrier
            beach in the southern portion of Washburn Island. In
            order to protect this significant island resiaent, por-
            tions of the beach should be closed during the mid-
            summer nesting season. Boardwalk design and location
            should facilitate this protective management activity.



            PARK MANAGEMENT


            If Washburn Island is acquired by DEM in the near
            future, the Department proposes to staff the island
            with volunteer "island managerso during the summer
            season of 1983. The island manager Uystem, used
            successfully for several years in the Boston Harbor
            Islands, allows environmental interns to staff an




                                         101











               island 24 hours a day, providing guidance, maintenance
               and site supervision around the clock. The island
               managers, usually college students majoring in
               environmental or recreation fields, would be supervised
               by full-time DEM staff based at South Cape Beach State

               Park.


               Permanent staffing of Washburn Island would begin in
               the summer of 1984. Estimated permanent staff would
               include one seasonal park supervisor, two seasonal
               interpreters and two seasonal skilled conservation
               helpers. These positions would be filled during the
               peak seas on (May through September) with wintertime
               supervision provided by full-time staff based at South
               Cape Beach.



               SUMMARY



               Washburn Island is a property of unique environmental,
               scenic and recreational value. Its protection from
               rapidly increasing development pressures is of major
               concern to the Commonwealth of Massachusetts.


               This report has described Washburn Island's resources
               in detail, and has proposed preliminary plans for the
               preservation of the island. Because environmental
               protection is the primary concern, control of visitor
               access to, anduseof., the.is.land-is.-of key importance.
               The Washburn Island master plan has accommoda  ted this
               need to maintain remoteness and to minimize disturbance
               of the site while providing for a certain amount of
               controlled public access. Visitor numbers on the
               island will be regulated by-the low volume of boat
               traffic reaching the site from the mainland. Access
               to the island will be encouraged at the designated
               landings in the central portion of the site, so the
               more fragile southern portions will receive proportion-


                                        102











               ately fewer users, Structures and associated develop-
               ment will be limited and inconspicuously sited. An
               emphasis will be placed instead on the interpretation
               and enjoyment of a natural, remote and undisturbed
               environment, clut tered with as few buildings as possible.


               Since Washburn Island's abandonment by the military at
               the end of World War II, natural processes have been
               working to reclaim the landscape. This report pro-
               poses a master plan and management policy for the site
               that will encourage this process of natural reclamation
               to continue. The island, now an invaluable assett,
               will continue to appreciate in scenic, environmental
               and recreational value in future years if given the
               opportunity.

































                                        103






            Appendix D   Area of Critical Environmental Concern (ACEC) designation


                              al-7
                                    _e0"Z"t09tMe671//           IWC144
                                                         /Z 0/

                                             Me
                                                           ye Ye;,ed

         EDWARD J. KING
            GoVERNOR

        JOHN A. SEWICK
            SECRETARY               Designation of Waguoit Bay as an
                                 Area of Critical Environmental Concern
                                         and Supporting Findinas



                 Following an extensive process, including nomination, research, informal
            meetings with local groups, public informational meetings, public hearings,
            on-site visits, and a formal evaluation of all assembled data, I, the
            Secretary of Environmental Affairs, hereby designate Waquoit Bay an Area of
            Critical Environmental Concern pursuant to the authority granted to me by
            G.L. c. 21A, s. 2(7).

                 I also hereby, find that the Waquoit Bay ACEC is significant to flood
            control, the prevention of storm damage, the protection of land containing
            shellfish and fisheries; public interests protected by the Wetlands Protection
            Act, G.L. c. 131, ï¿½40.

            1.   Boundary of the Waquoit Bay ACEC

                 The Area of Critical Environmental Concern (ACEC) extends from the
            extreme southwestern end of Dead Neck barrier beach (mean low water, MLW) and
            extends straight across the entrance channel to Waquoit Bay by the shortest
            distance to the mean low water line of the western side of the entrance
            channel. The ACEC boundary then follows the MLW line in a westerly direction
            (excluding the western jetty of the Waquoit Bay entrance channel) to a point
            approximately 1370 feet (straight line measure) from the westernmost tip
            of Washburn Island. This point falls on a line perpendicular to the ML14
            line of Vineyard Sound and tangent to a segment of shoreline which is both
            the southeast MLW shoreline of Eel Pond and a western edge of Washburn Island.

                 The ACEC boundary then follows that perpendicular line to the intersection
            with the western MLW shore of Washburn Island. The boundary follows the MLW
            line along the Washburn Island to its extreme northeastern point. The
            boundary then extends from this point north into Waquoit Bay by the shortest
            distance to the I foot depth curve (datum: MLW). The boundary follows the
            6 foot depth curve in a northerly direction to the point of intersection with
            a true azimuth bearing line of 1500, drawn from the southwestern most point
            of shoreline of the un-named pond east of Seapit Road. From this point of
            intersection the ACEC boundary then follows this above-mentioned bearing
            line in a northwesterly direction to the southwestern most point of shoreline
            of the un-named pond east of Seapit Road and continues along an extension of
            this straight line to the intersection with the 100 year flood boundary still
            east of Seapit Road.



                                                105












           The ACEC boundary then follows the 100 year flood boundary in a generally
      easterly direction including all-of Bourne Pond, Bog Pond, Caleb Pond, parts
      of the Quashnet River and Red Brook and all of Witch Pond, Fells Pond, and
      Jehu Pond. At the point of the fifth-intersection of the 100 year flood
      boundary with Great Oak Road, the ACAC boundary extends west on the northern
      side line of Great Oak Road across the 10 foot contour line (datum: mean
      sea level) to the second intersection with the 10 foot contour line (MSL).
      The ACEC boundary extends from this point in a northwesterly direction along the
      10 foot contour line (MSL) to the point closest to the eastern shore (MLW)
      of the Great River. From this point the line extends by the shortest distance
      to the eastern shore (MLW) of the Great River. The boundary then extends in
      a northerly direction along the eastern shore (MLW) of the Great River to
      the western most point of the entrance channel to Jehu Pond. The boundary
      then extends due west to the 14LW line on the west side of Great River and
      following the MLW` line northward to the boundary between Monomoscoy Island
      and the adjacent northerly salt marsh. The boundary follows a northwesterly
      trend along the southern edge of this salt marsh, crosses Monomoscoy Road,
      and continues along the southern edge of this salt marsh to the intersection
      with the MLW line on the eastern side of Hamblin Pond. The boundary continues
      in a southerly direction along the MLW line on the east side of Hamblin Pond,
      across the northern channel entrance of the Little River and continues along
      the MLW line on the northern edge of Seconsett Island to the intersection of
      the',IILW line and the town boundary between Falmouth and Mashpee. The ACEC
      boundary follows the town boundary to the intersection with the MLW line on
      the eastern shore of Waquoit Bay. The ACEC boundary extends from this point
      ina southerly direction along the MLW line, around Seconsett Island and then
      in a northerly direction to the point of intersection (Point A) with a true
      azimuth bearing line of 2900, drawn from the point (Point B) along the MLW
      line on the eastern shore of the Great River which is also the northernmost
      point (Point B) of property along the MLW line on the eastern shore of the
      Great River as described in the Plan of Land, South Cape Beach, Mashpee,
      Mass., prepared for the Department of Environmental Management, Scale 1"=200',
      February 16, 1976, Briggs Engineering and Testing Co., Inc., Norwell, Mass.,
      as revised March 31, 1976. The ACEC boundary then proceeds southeasterly from
      Point A along the previously described true azimuth bearing line of 2900 to
      Point B and continues in an easterly direction along the northern boundary line
      of said Plan of Land for South Cape Beach to the intersection with the southern
      side line of Wills Work Road. The ACEC boundary follows the southerly side
      line of said Road to the intersection with Great Oak Road and then follows the
      southerly side line of Great Oak Road to the intersection with 100 year flood
      boundary. The ACEC boundary follows the 100 year flood boundary in a north-
      eas terly direction to the intersection of the southerly side line of Great Oak
      Road. The ACEC boundary then follows the southerly side line of said Road to
      the next intersection with the 100 year flood boundary. From this point, the
      ACEC boundary follows the 100 year flood boundary in a southerly direction to
      the southernmost extent of the 100 year flood boun@ary in Mashpee. The
      boundary then extends due south in a straight line to the MLW line of Vineyard
      Sount and thence in a westerly direction along the MLW line along South Cape
      Beach to the point of origin.






                                            106













                 Also included within the ACEC boundary is the land along the upper reaches
            of the Child's River. The ACEC boundary begins at the intersection of the
            northerly side line of Rt. 28 and the 100 year flood boundary on the eastern
            side of the Childs River. The ACEC*b6oundary proceeds northerly along the 100
            year flood boundary on the eastern 91de of the Childs River to the point where
            the 100 year flood boundary crosses in a westerly direction the Childs River.
            The ACEC boundary then follows the 100 year flood boundary on the western side
            of the Childs River in a southerly direction to the point of intersection with
            the northern side line of Rt. 28. The ACEC boundary then proceeds from this
            point in an easterly direction across the Childs River to the point of origin.

            Within the boundary the following exclusions exist:

                 1)   The existing Waquoit Bay navigational channel (6 foot depth, Mean
                      Low Water) extending in a northerly direction from the entrance
                      jetties of Waquoit Bay to the head of Waquoit Bay. Specifically,
                      this measn the channel delineated by existing U.S. Coast Guard buoys
                      (See National Oceanic and Atmospheric Administration, nautical chart
                      #13229, 15th Ad., February 3, 1979, page C, Waquoit Bay and U.S.
                      Coast Guard navigational buoys). Where the channel is unmarked
                      by buoys, the west channel boundary will be delineated by a straight
                      line drawn from buoy C-7 northerly to the western edge of Bourne
                      Pond. This channel would extend no further than 100 feet to the
                      east of the west channel boundary and not exceed a dredged depth
                      of 6 feet below mean low water. This channel will extend no further
                      north than the present Falmouth town landing (near Seapit Road).

                  2)  The existing Seconsett navigational channel extending from U.S.
                      Coast Guard buoy N-6 (see NOAA nautical chart #13229, 15th Ad.,
                      February 3, 1979, page C, Waquoit Bay and U.S. Coast Coast navigational
                      buoys) to the entrance of the Great and Little Rivers, Mashpee.
                      The southern boundary of the Seconsett channel extends from buoy N-6,
                      southeasterly in a direct line not to extend beyond Seconsett point.
                      The width of the Seconsett channel will not exceed 100 feet from
                      the southern boundary line. The Seconsett channel will not exceed
                      a dredged depth of 6 feet below MLW.

                  3)  The existing small culvert beneath Monomoscoy Road, 1-fashpee.

















                                                 107














       II. Designation of the Resources of Waguoit Bay

            Waquoit Bay area is an extensive and largely unaltered resource system.
       Among the natural components of the*,gystem are many specified as Significant
       Resource Areas (SRA's) in the Massachusetts CZM Program. These include a long
       barrier beach system, dunes and sandy beaches, many acres of salt marsh, pro-
       ductive shellfish beds, a large estuary, anadromous fish runs and floodplain,
       erosion and accretion areas. The area is a spawning and nursery ground for many
       marine species, as well as an important habitat for upland species and waterfowl.
       The beaches, dunes, and salt marshes provide protection against storms for low-
       lying inland areas. The region clearly meets the regulatory criterion of the
       ACEC Program, that a region proposed for designation must contain at least five
       of the specified Significant 'Resource Areas.

       III. Procedures Leading to ACEC Designation

            The Waquoit Bay Area was first proposed for ACEC consideration by local
       citizens at a CZM planning meeting over two years ago. Active planning commenced
       in March 1979. Meetings on May 3, May 24, and August 2 were held in Falmouth
       and Mashpee and attended by local officials and local planning boards, committee
       members, owners of the area's three marinas and some property owners.

            On August 2 a proposed boundary was unanimously endorsed by the six officials
       and marina owners present at this meeting. On      July 9, 1979, a letter nominat-
       ing the Waquoit Bay Estuarine System as an Area of Critical Enviornmental Concern
       was submitted by the Selectmen, Conservation Commission and Waterways Committee/
       Harbormaster of the Towns of Falmouth and Mashpee. After reviewing this nomina-
       tion, the Secretary of Environmental Affairs decided, on August 21,         1979
       to proceed with a full review of the proposed area.

            Notice of the receipt of the nomination request and a public hearing notice
       were published in the Environmental Monitor on August 22, 1979. The public
       hearing notice also appeared in two local newspapers: The Cape'Cod Times and
       The Falmouth Enterprise. Additional information on the region was collected
       by the Coastal Zone Management office staff in consultation with local officials,
       town boards and natural resource officers. The results of this research were
       forwarded for comment and review to the Selectmen, Conservation Commissions,
       Planning Boards, Waterways Committee, and Natural Resource Officers and members
       of the CZM Citizen Advisory Council for Cape Cod. Copies also went to interested
       individuals and were available to the general public upon request. Informational
       articles about the proposed nomination appeared in the local newspaper. A
       final informational maeting was held at Mashpee Town Hall on August 30, 1979.

            A public hearing was conducted on September 27, 1979 in the Falmouth Town
       Hall. The recorded testimony was largely favorable and an informal vote was
       50-3 in favor of the designation. As the result of a number of concerns raised
       at this meeting, on-site visits were also arranged. On October 19, eighteen
       citizens and officials toured Waquoit Bay by boat following existing main navi-
       gational channels. In addition, CZM staff conducted site visits with individual
       landowners who had concerns.





                                               log













                 A second public hearing was'scheduled for October 25, 1979. A public
            hearing notice was published in the Environmental Monitor on October 22, 1979.
            The public hearing notice also appedred in the Cape Cod Times and The Falmouth
            Enter2rise.

                 The hearing record remained open until November 7, 1979 for those persons
            who wished to submit written comments. After careful consideration of all
            public comments, final.boundary modifications were defined.

            IV. Discussion of Factors Specified in Section 6.48 of the CZM Program Regulations

                 Prior to designation of a region as an Area of Critical Environmental
            Concern, the Secretary must consider the factors specified in Section 6.48
            of the CZM Program regulations. Based on research and information from local
            residents, I find that the following factors are applicable to the Waquoit Bay
            Barrier Beach System,

                 guality of Natural Characteristics: This estuarine system is a relatively
            large unaltered physical and biological resource. Its unpolluted water attracts
            a wide range of finfish species and nurtures*large numbers of shellfish. The
            undeveloped stretches of Washburn Island and Dead Neck accommodate contiguous
            environments of beach, dune, marsh, and low wooded hills. Minimum alteration
            of the natural features of this area will allow them to-function at their maxi-
            mum capacity. These undeveloped expanses also contribute significantly to
            the scenic beauty enjoyed by users of the area.

                 Public Health: The high water quality currently existing supports many
            important activities, including swimming, boating, fishing and shellfishing.
            Clean water must be maintained to ensure the safety of the recreational users
            of the area. Activities that would degrade water quality would have both envir-
            onmental and economic consequences. The barrier beach formed by Washburn Island
            and Dead Neck acts as a natural storm buffer to protect the property of shore
            dwellers within the system. Development of this barrier would impair its natural
            form and protective function.

                 Uniqueness: An estuary, where fresh water inflow meets and mixes with
            salt water, is the most significant of all coastal features in the amount and
            variety of biological production. The largely unaltered Waquoit Bay estuarine
            system makes this area both a highly significant and uncommon feature of the
            Massachusetts coast. The availability of nutrients supports a great number
            and variety of species. These conditions provide excellent opportunities for
            scientific research. In a study conducted in the late 1960's, the Massachusetts
            Division of Marine Fisheries determined that of nine sample estuaries in the
            state, Waquoit Bay supported the greatest diversity of estuarine-associated
            fin-fish. Currently, a biologist from the Woods Hole Oceanographic Institution
            is studying the genetics and distribution of quahogs in the estuary.

                 ProductivitX: The region contains diverse and viable populations of fish,
            shellfish and waterfowl. The biological productivity of this area is sustained
            by its ponds and salt marshes which contribute large quantities of nutrients to
            the coastal food chain.




                                                109












           Imminence of Threat to the Resource: Alterations which could severely
      impact the natural functions or teduce productivity of the components of the
      Waquoit Bay system have been considered for the area. The ACEC designation
      would focus attention on the area's'slignificant environmental and
      economic resources, and would serve is a guide regardin,-: future activity
      in the area.


           Irreversibility of impact: Because the estuary has only limited access
      to the open Sound through the narrow cuts at the east end of Washburn Island,
      the entire basin is susceptible to inadequate flushing. The discharge of
      pollutants into this system would tend to remain concentrated rather than
      to disperse. As a result, impacts on shellfish and finfish could be severe,
      thereby damaging an important economic resource of the Vaquoit basin. Other
      habitat alterations such as filling or removal could also severely affect
      sensitive spawning or nursery areas, thereby decreasing the abundance of
      valuable commercial, recreational, and aesthetic resources.

           Economic Benefits: This ACEC brings significant income to Falmouth and
      Mashpee through tourists and area residents who purchase shellfish permits,
      the use of area services such as boatyards, and the wholesale trade in shell-
      fish. Any alteration in the area that threatens to disrupt its utilization
      and/or attractiveness carries a potentially detrimental economic impact.-
      Damage to the groundwater is also an important consideration because the shore-
      dwellers depend on private groundwells for their fresh water supply.

           Supporting Factors: Residents, business persons and other users of the
      ACEC agree that the area carries environmental importance, economic utility
      and aesthetic qualities. Groups at many levels, including local residents,
      town authorities and state administrative agencies, have voiced their concern
      about the need to preser-ve the undeveloped portions, particularly Washburn
      Island and South Cape Beach.










         @-7
                    John A. Bewick                               Date
          Secretary of Environmental Affairs











                                              110









                             MEMORANDUM OF UNDERSTANDING

                                         BETWEEN

              THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND THE

                        THE OFFICE OF COASTAL ZONE MANAGEMENT

                                     CONCERNING THE

                 WAQUOTT BAY NATIONAL ESTUARINE RESEARCH RESERVE





            Waquoit Bay is a major estuarine system located on the south shore of Cape

        Cod in the towns of Falmouth and Mashpee. The Bay is a shallow, highly productive

        ecosystem located in a rapidly developing area of Massachusetts. The abundant fish

        and wildlife resources, and the clean water of this Bay are important values to

        preserve for their environmental, scientific, economic, and aesthetic significance.

        The designation of Waquoit Bay as a National Estuarine Research Reserve protects

        the Bay and establishes a research and education program which can be of value to

        the management of this and other estuaries within the region.



        WHEREAS Waquoit Bay represents an ecosystem representative of the Virginian

        biogeographic region; and

        WHEREAS the Massachusetts Department of Environmental Management (DEM)

        and the Massachusetts Office of Coastal Zone Management (CZM) are committed to

        the protection and wise use of the resources of Waquoit Bay; and

        WHEREAS DEM has acquired significant holdings in and adjacent to Waquoit Bay,

        including Washburn Island and South Cape Beach and;

        WHEREAS the designation of Waquoit Bay as a National Estuarine Research

        Reserve furthers the goals of DEM and CZM by ensuring the protection and a

        greater understanding of its ecosystem and resources.

        THEREFORE CZM and DEM support the Reserve designation and agree as follows:








        MEMORANDUM OF UNDERSTANDING
        Page Two




             1.  CZM will work with DEM to coordinate any activities with the Federal

        National Estuarine Reserve Research System and other appropriate state agencies

        and organizations;

             2.  DEM will, upon receipt of state and federal funds, initiate architectural

        and/or engineering services for the rehabilitation of the Estate's buildings for

        Reserve purposes;

             3.  Pending the availability of federal Estuarine Reserve funding and annual

        appropriations at the state and federal level, DEM will maintain and operate the

        Reserve headquarters and, in cooperation with other agencies, organizations, and

        academic institutions, will coordinate and administer interpretive, education and

        research programs;

             4. DEM will develop a final Reserve management plan in consultation with

        CZM, and review the plan on a yearly basis;

             5.  CZM will continue to provide technical assistance relative to the Reserve

        program, particularly in regard to Federal agency coordination, Federal grant

        applications, and reporting.






                                                e
                                                   ff -es-GJTens7h-nCo m-missioner
                                                  e ar m t f Enviro m tal Management



                                                  eVe Bliven, Acting Director
                                                Office of Coastal Zone Management



                                                D aTe -





                                                     112











                                 MEMORANDUM OF UNDERSTANDING


                                           BETWEEN


                    THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND THE

                      NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION


                                       CONCERNING THE


                          ESTABLISHMENT AND ADMINISTRATION OF THE


                      WAQUOIT BAY NATIONAL ESTUARINE RESEARCH RESERVE


             WHEREAS, the Department of Environmental Management, Commonwealth
             of Massachusetts (Commonwealth) has determined that the
             designation of the Waquoit Bay National Estuarine Research
             Reserve (Reserve) under the National Estuarine Reserve Research
             System (System) as provided for in Section 315 of the Coastal
             Zone Management Act of 1972, P.L. 92-583, as amended (CZMA), and
             the implementing regulations in 15 CFR Part 921, will provide for
             beneficial long-term research and public education to improve the
             coastal management capabilities of the-Commonwealth; and

             WHEREAS, the Office of ocean and Coastal Resource Management
             (OCRM), National Oceanic and Atmospheric Administration, U.S.
             Department of Commerce, intends to designate Waquoit Bay in the
             Commonwealth as a National Estuarine Research Reserve; and

             WHEREAS, the Commonwealth and OCRM recognize that the designation
             of the Reserve is an acknowledgement that the area is a natural
             field laboratory to be used to gather and study data on natural
             and human processes occurring within the Waquoit Bay estuarine
             system, and to provide a basis for increasing public awareness
             and understanding of the complex nature of estuarine systems,
             their values and benefits to man and nature, and the problems
             that confront them; and

             WHEREAS, to carry out Reserve purposes as specified in the
             Reserve Management Plan approved by NOAA, OCRM will provide
             Federal funds (on a fifty-fifty matching basis) for acquisition
             and development purposes and initial program operation, and, as
             specified in 15 CFR 921, may provide additional funds for
             supplemental acquisition and development and, on a competitive
             basisf for research and education/ interpretive projects; and

             WHEREAS, the Commonwealth and OCRM recognize the need for State-
             Federal cooperation in managing the designated Reserve consistent
             with the Mission and Goals of the System and the Objectives of
             the Reserve, as specified in the Reserve Management Plan approved
             by NOAA (see Article 1):




                                           113










           NOW,      FORE, for and in consideration of the mutual covenants
           herein contained it is agreed by and between the Commonwealth and
           OCRM as follows:


           ARTICLE I - RESERVE PURPOSES

           The Reserve is to be operated on a permanent basis in a manner
           consistent with the Mission and Goals of the System, as defined
           below, and the Reserve Objectives as specified in the Reserve
           Management Plan approved by NOAA.

           A. Mission and Goals

                (1)  The mission of the System is the establishment and
                     management, through Federal-State cooperation, of a
                     permanent national system of estuarine reserves ,            I
                     representative of the various regions and estuarine
                     types in the United States, in order to provide
                     opportunities for long-term research, education, and
                     interpretation.

                (2)  The goals of the System for carrying out this mission
                     are:

                     (a)  To provide opportunities for long-term
                          scientific and educational programs in
                          estuarine areas to develop information  for
                          improved coastal management decision making;

                     (b)  To enhance resource protection by implementing
                          a long-term management plan tailored to the site's
                          specific resources;

                     (c)  To enhance public awareness and understanding
                          of the estuarine environment through resource
                          interpretive programs; and

                     (d)  To promote Federal-State cooperative efforts
                          in the management of estuarine areas.

           B. Reserve objectives

                (1) Monitoring and Research objectives

                     (a)  To gain a clearer understanding of the
                          ecological relationships within the estuarine
                          environment through a coordinated program
                          of baseline studies and related research;

                     (b)  To identify significant changes that may occur
                          in the estuarine environment; and






                                       114









                        (c) To assess the effects of man9s impact on the
                            ecosystem and to forecast or mitigate possible
                            environmental deterioration caused by human
                            activities.


                  (2) Education Objectives

                        (a) To help the public better understand the
                            ecological relationships within this
                            estuarine environment through a broad range
                            0f education programs; and

                        (b) To increase the public's awareness of the
                            problems that can arise from man's misuse of
                            this environment; and

                        (c) To foster a higher level of commitment
                            toward solving some of the Waquoit Bay
                            related problems.

                  (3)   Resource Protection Objectives
                        (a) To protect the Res'erve's fragile or rare
                            natural resources;

                        (b) To preserve cultural resources including
                            archaeological sites; and

                        (c) To balance the demands placed on the'
                            Reserve's resources through various
                            activities to determine the levels and
                            types of uses consistent with protecting the
                            estuarine environment for future generations
                            to study, enjoy and utilize.

                  (4) Resource Utilization objectives

                        (a) To provide for traditional resource
                            utilization (such as fishing, shellfishing
                            and hunting) at levels which maintain the
                            resources at stable, healthy levels; and

                        (b) To encourage low impact recreational
                            activities that will help the public
                            appreciate and understand the estuarine
                            environment.

             ARTICLE 11 - STATZ-FUERAL ROLES IN THE RESEM
                  A. During the period of Federal funding after the 'Reserve
             is designated (the "Operation and Management" phase), the
            Commonwealth's role will include, but not be limited to,



                                         115








          implementing the Reserve Management Plafi, developing strategies
          for the continued operation of the Reserve after Federal funding
          expires, and acquiring remaining interests in property and
          undertaking construction in a manner consistent with the Reserve
          Management Plan. OCRM's role during this phase will be to
          provide funding on a matching basis to implement the Reserve
          Management Plan (through operation and management awards) and for
          remaining acquisition and construction (through supplemental
          acquisition and development awards) and periodically to evaluate
          the Commonwealth's progress in establishing the Reserve,
          including initial implementation of the System's Mission and
          Goals and.the Reserve objectives.

               B.   After Federal funding expires, the Commonwealth's role
          will be to ensure that the Reserve continues to be operated and
          managed in a manner consistent with the approved Reserve
          Management Plan, the Program's Mission and Goals and the Re@erve
          Objectives. OCRM's role during this phase will be to monitor the
          Commonwealth's performance in effectively operating the Reserve
          (see Article III) .

          ARTICLE III - EVALUATIOLT

          OCRM will evaluate, on an annual basis,-the Commonwealth's
          progress in operating and managing the Reserve. Periodically,
          pursuant to Sections 315 and 312 of the CZMA, OCRM will also
          conduct a formal evaluation of Reserve operation and management
          by the Commonwealth. If OCRM finds, after an evaluation of the
          Commonwealth's performance that the site is not being managed as
          National Estuarine Research Reserve, i.e., that the System's
          Missions and Goals and the Reserve's Objectives are not being
          attained, the Commonwealth and OCRM shall attempt to resolve the
          issue in a manner consistent with the purposes for which the
          Reserve was established. If such resolution is not possible,
          Reserve designation may be withdrawn.

          In the absence of specific mediation procedures present in the
          Reserve Management Plan or System regulations, the following
          procedures for resolution shall be followed:

              A.   Upon a finding by OCRM that the commonwealth is not
          operating the Reserve consistent with Article 1, OCRM shall
          provide the Commonwealth with written notice of the deficiency.
          Such notice shall explain the deficiencies in the CommonwealthIs
          approach; propose a solution or solutions to the deficiency and
          provide a schedule by which the State should remedy the
          deficiency. The Commonwealth shall also be advised in writing
          that it may comment on OCRM's finding of a deficiency and meet
          with OCRM officials to discuss the finding and to seek to remedy
          the deficiency.
              B.    If OCRM recommends to the Assistant Administrator for
          ocean Services and Coastal Zone Management (AA) that Reserve
          designation be withdrawn, then the Commonwealth shall be provided


                                      116









             the opportunity for an informal hearing before the AA to consider
             OCRM's recommendation and finding of deficiency, and the
             Commonwealth comments on and response to the recommendation and.
             finding.

                  C.   The AA shall make all reasonable efforts to issue a
             written decision regarding the Reserve within 30 days after the
             informal hearing. if a decision is made to withdraw Reserve
             designation, real property acquired in whole or in part with
             Federal funds shall be disposed of in accordance with the
             applicable provisions of Program regulations at 15 CFR 921 and
             OMB Circular No. A-102, Revised.

             IN WITNESS WHEREOF, the parties hereto have caused this
             Memorandum to be executed.









                                       Co     ioner
                                       De art ent of*Environmental Management
                                       Ex4cut ve Office of Environmental
                                         A' f ars
                                       Co     ealt          sachusetts
                                       DATE












                                                  irector
              hi
             Mar@n@@Estuarine                    pt-fice of Ocean and Co@@tal
               Management Division                 Resource Management
             National Oceanic and            r-"-National Oceanic and
               Atmospheric Administration          Atmospheric Administration
             U.S. Department of Commerce         U.S. Department of Commerce


             DATE:                               DATE:










                                          117















                                                      BY-LAWS
                                                         of the


                       WAQUOIT BAY NATIONAL ESTUARINE RESEARCH RESERVE
                                             ADVISORY COMMIT`=


             A. Name - The name of this entity shall be the Waquoit Bay National
             Estuarine Research Resrve (WBNERR) Advisory Committee (hereafter
             referred to as "the Committee.")

             B. Authority - The Committee is defined in the WBNERR Management Plan
             (draft July 1984, September 1984; final November 1987) and required by
             the financial assistance award         (85-AA-D-CZ013) from the National Oceanic
             and Atmospheric Administration to the Commonwealth of Massachusetts.
             The Committee is appointed by the Secretary of the Executive Office of
             Environmental Affairs of the Commonwealth of Massachusetts.                     Original
             appointments were made in February 1986.

             C. Evrpo@e      - The purpose of the Committee is to provide "effective
             coordination and cooperation among all interests involved with Reserve
             programs." (source: WBNERR Management Plan, November 1987, p. 52 .)

             Specifically, the Committee shall perform, among other actions, the
             following functions:

             1.   Advise the Department of Environmental Management (DEM) on
                  matters of policy related to planning for and operation of the Reserve;

             11.  Appoint the members of the Research, Educational and Resource
                  Protection Advisory Subcommittee, or other subcommittees on an as-
                  needed basis;

             111. Assist in seeking support for the Research and Educational programs
                  and other financial matters;

             IV.  Conduct annual review of the Management Plan and assist in the
                  preparation of any periodic summary or annual reports on the
                  operations of the Reserve;

             V.   Represent the interests of the users of the Reserve, its neighbors, and
                  the users of information and educational materials generated by the
                  Reserve; and                            119







        VI. Review capital planning and operating budgets of the Reserve and
             suggest funding priorities.

        D. Membership - The Committee shall be composed of fourteen (14)
            members, representing each of the following interests:

        I.    The Board of Selectmen of the Town of Falmouth

        11. The Board of Selectmen of the Town of Mashpee

        III.  The Cape Cod Planning and Economic Development Commission

        IV.   The South Cape Beach State Park*Advisory Committee

        V.    The Commissioner of the Massachusetts Department of Fisheries,
              Wildlife, and Environmental Law Enforcement

        VI.   The Director of the Massachusetts Office of Coastal Zone Management

        VII.  The Commissioner of the Massachusetts Department- of Environmental
              Quality Engineering

        VIII. The scientific community

        IX. The education community

        X     Environmental interest group

        XI.   Hunting, fishing, shellfishing interest groups

        XII.  Boating, waterways, marina interest groups

        XIII. The Native American community

        XIV. Resource Protection Interest

        Alternates for each Member may be appointed by the Secretary.
        Alternates may attend all meetings and shall receive all correspondence
        received by the Members.

        E. Meetin2s - The March meeting of the Committee shall constitute the
            Annual Meeting.    At said Annual Meeting, the Members shall elect, by



                                             120







              majority vote of a quorum being present, a Chairman, Vice-Chairman
              and Secretary.

           Regular meetings of the Committee will be held on the third Thursday of
           each month in the evening at the Reserve.   The time, date and place, of a
           meeting may be changed by consent of the majority at the next previous
           meeting.

           Special meetings may be called at anytime by the Chairman or at the
           written request of at least five Members to the Chairman.       All annual,
           regular and special meetings shall be open to the public.

           F. Notice and Quorum - Notice of any meeting of the Committee shall be
              given by the Chairman or Secretary to all Members and duly appointed
              Alternates at least 10 calendar days before the date set for the
              meeting.  (This time frame may be shortened upon the decision of the
              chairman in order to accomodate emergency situations.)   Said notice
              shall include an agenda and any written material which requires a
              vote by the Committee at the meeting.

           A quorum shall consist of a majority of the Members duly appointed at the
           time of the meeting.   Alternates may be counted towards the quorum in
           the absence of the Members they represent, but not in addition to their
           Members, if present, in order to achieve a quorum.

           G. Attendance - A Member who misses five consecutive regular meetings
              of the Committee shall, upon majority vote of the Committee, be asked
              to resign by the Chairman.   The Chairman shall notify the Secretary of
              Environmental Affairs of the situation and request that the Member's
              Alternate, if any, be appointed to replace the Member, or that a new
              Member be appointed. The Secretary may take into account any
              mitigating factors in his decision to replace a Member.

           H. Voting - Each interest cited in paragraph D shall have one vote on all
              matters brought before the Committee.   In the absence of a Member,
              an Alternate may vote, but both the Member and Alternate may not
              vote at the same meeting. A simple majority of a quorum being
              present shall decide all issues.

           1. Qfficers - The officers of the Committee shall include a Chairman, Vice-
              Chairman, and Secretary elected at the Annual Meeting. The Chairman
              shall call meetings, preside at said meetings, sign all formal
              correspondence of the Committee, and, in general, represent the



                                              121







             interests of the Committee to DEM and outside groups. The Vice-
             Chairman shall perform any of the Chairman's duties in the absence
             of the Chairman. The Secrtetary shall be responsible for all
             correspondence, meeting minutes and other documents of the
             Committee, but may authorize others to perform this duty.

       Officers shall be elected for one calendar year and may be re-elected.

       Officers must be Members, not Alternates, of the committee and must  not
       be employed by an agency of the Executive Office of Environmental Affairs
       of the Commonwealth of Massachusetts.


       All vacancies of any of the offices of the Committee may be filled by the
       Committee at any scheduled meeting.   Successors elected to fill vacancies
       shall hold office until the end of the unexpired term, though re-election
       may be appropriate.

       J. Rules of Procedure - In the event of a challenge to proceedings in an
       informal letter, all meetings of the Committee shall be conducted under
       Roberts' Rules of Order.


       K. Amendments - These by-laws may be amended, altered or repealed by
       majority vote at any meeting of the committee, provided that the Members
       and Alternates are notified in writing of the proposed change at least ten
       days prior to the meeting.

       Approved by vote of the Waquoit Bay National Estuarine Research Reserve
       Advisory Committee on October 27, 1988.



                                         Charles Swain
                                         Chairman, WBNERR Advisory Committee

       I certify that these by-laws are consistent with the intents and purposes of
       the WBNERR Advisory Committee as cited in the WBNERR Management
       Plan and agreements between the Commonwealth of Massachusetts and
       NOAA.
           04            .2,
       Date                              10@s' S. J4b'yt6, Sq,6etary EOEA



                                          122









                                                       Wednesday
                                                       June 27, 1984




















                                                       Part IV


                                                       Department of
                                                       uommerce

                                                       National Oceanic and Atmospheric
                                                       Administration


                                                       15 CFR Part 921
                                                       National Estuarine Sanctuary Program
                                                       Regulations; Final Rule
















                                              123






     26502         Federal Register           Vol. 49, No. 125 / Wednesday, June 27, 1984 / Rules and Regulations

     DEPARTMENT OF COMMERCE                             315(l) of the Coastal Zone Management              would be chosen. Section 921.4(b) of the
                                                        Act. 16 U.S.C. 1461fl). The National               1974 guidelines provided that "various
     National Oceanic and Atmospheric                   Estuarine Sanctuary Program has been               sub-categories will be developed and
     Administration                                     operating under guidelines published               utilized as appropriate."
     15 CFR Part 921                                    June 4, 1974 (39 FR 19922) and proposed              In 1981, a study was undertaken to
                                                        regulations published September 9, 1977            assess the original biogeographic
     [Docket No. 40315-301                              (42 FR 45522).                                     classification scheme and make
                                                                                                           recommendations, as necessary. A
     National Estuarine Sanctuary Program               11. General Background                             system with 27 subcategories was
     Regulations                                          On August 3,1983 (48 FR 35120),                  proposed, The subcategories fit within
     AGENCY: Office of Ocean and Coastal                NOAA pub!ished proposed regulations                the original scheme and further define
                                                        for continued inplementation of the                the coastal areas to assure adequate
     Resource Management (OCRM).                        National Esturine Sanctuary Program                sanctuary representation (Clark.
     National Ocean Service (NOS), National             pursuant to Section 315 of the Coastal             Assessing the National Estuarine
     Oceanic and Atmospheric                            Zone Management Act, 16 U.S.C. 1461,               Sanctuary Program: Action Summary,
     Administration (NOAA), Commerce.                   (the Act). Written comments on the                 March 1982, cited as The Clark Report).
     ACTION: Final rule.                                proposed regulations were accepted                   The Clark Report also recommends
     SUMMARY: These final regulations revise            until October 3, 1983. These comments              consideration of an estuarine typology
     existing procedures for selecting and              have been considered in preparing these            in evaluating and selecting sites. The
     designating national estuarine                     final regulations. A summary of                    typology system recognizes that there
     sanctuaries and provide guidance for               significant comments on the proposed               are significant differences in estuary
     their long-term management. Site                   regulations and NOAA's responses are               characteristics not related to regional
     identification and selection is to be              presented below.                                   location. Such factors include water
     based on a revised biogeographic                     The final regulations establish the              source, water depth, type of circulation,
     classification scheme and typology of              Program's Mission and Goals and revise             inlet dynamics, basin configuration,
     estuarine areas. The regulations place      a      the procedures for selecting, designating,         watershed type, and dominant
     greater emphasis on management                     and operating national estuarine                   ecological community.
     planning by individual states early in             sanctuaries.                                         The final regulations adopt the
     the process of evaluating a potential              III. Refinements to the Regulations for            revised biogeographic classification
     site. The regulations reflect a                    the National Estuarine Sanctuary                   scheme and the recommendation to
     progression from the initial                       Program                                            consider typology in site selection (see
     identification of a site, through the                Based on experience in operating the               921.3).
     designation process, and continued                 Program and comments on the proposed               (2) Site Designation
     management of the sanctuary by the                 regulations, a number of refinements in              Eligible states may apply for
     state after Federal financial assistance           operational procedure and policy have              preacquisition awards to aid in selecting
     has ended. The regulations provide for             been designed: The final regulations               an estuarine site in conformity with the
     regular programmatic evaluations of                implement these refinements, which                 classification scheme and typology
     sanctuary performance. Clarifications in           include:                                           system. A description of the site
     the financial assistance application and                                                              s*election process to be carried out by
     award process have also been made.                 A. Defining the Mission and Goals of            --the state, incl - ding a provision for
                                                        the Program                                                       U
     EFFECTIVE DATE: These regulations are                                                                 public participation in the process, must
     effective Friday, October 5, 1984. This              The Mission Statement and Goals for              be submitted for NOAA's approval. This
     delayed effective date will allow                  the continued implementation of the                ensures that. the procedures for the site
     sufficient time for the Congress to enact          National Estuarine Sanctuary Program               selection process are planned prior to
     legislation pertaining to the conduct of           stress the importance *of designating              implementing the selection process and
       C
     the National Estuarine Sanctuary                   estuarine area. through Federal-state              approval of the preacquisition award.
     Program if it chooses to do so. If                 cooperative efforts, for long-term                 Figure I depicts the entire designation
     necessary, the effective date of these             research and educational benefits.                 process.
     regulations will be postponed, and a               Though broad in scope, they establish a              After selection of a site, a draft
     notice thereof published in the Federal            framework within which specific                    management plan is prepared. Requiring
     Register, in compliance with the notice            Program activities are conducted      .       The  the development of a comprehensive
     provisions contained in section 12 of the          Mission Statement and Goals are                    draft management plan in the
     Coastal Zone Management Act, 16                    adopted by the final regulations                   preacquisition phase is designed to
     U.S.C. 1463a.                                        921.1).                                          guarantee that early in the estuarine
     FOR FURTHER INFORMATION CONTACr.                   B. Revision of the Procedures for                  sanctuary designation process the state
     Dr. Nancy Foster, Chief, Sanctuary                 Selecting, Designating and Operating               considers management policies, an
     Programs Division, Office of Ocean and             Estuarine Sanctuaries                              acquisition and construction plan
     Coastal Resource Management, NOAA/                                                                    (including schedules and priorities),
     NOS, 3300 Whitehaven'St., NW.,                     (1) Revision of tfie Biogeographic                 staffing requirements, a research
     Washington, D.C. 20235, (202) 634-4236.            Classification Scheme and Proposed                 component, interpretive and education
     SUPPLEMENTARY INFORMATION:                         Estuarine Typologies                               plans, future funding and other resource
                                                          The 1974 guidelines identified 11                requirements, and alternatives. Draft
     1. Authority                                       biogeographic regions from which                   and final environmental impact
        This notice of final rulemaking is              representative sites thr6ughoul the                statements (EIS) are prepared analyzing
     issued under the authority of Section              coastal waters of the United States                the environmental and socioeconomic






                               Federal Register / Vol. 49, No. 125 / Wednesday, June 27, 1984 / Rules and Regulations                                26503

                  impacts of establishing a sanctuary and        draft management plan and the final             (s'ubject to pre-designation construction
                  implementing the draft management              EIS, the site enters an initial acquisition     policies, see ï¿½ 921.21), prepare the final
                  plan. The EIS is prepared in accordance        and development phase. The state is             management plan, and initiate onsite
                  with National Environmental Policy Act         then eligible for an initial acquisition        research and education programs. All of
                  (NEPA) procedures, including provisions        and development award. During this              these tasks are to be carried out in
                  for public comment and hearings.               phase, award funds may be used to               conformance with the NOAA-approved
                    Following NOAA approval of the               purchase land. construct minor facilities       draft management plan.
                                                                                                                 SILLING CODE 3510-@M







   216504      Federal Register Vol. 49, No. 125 / Wednesday, June 271 1984 Rules and Regulations


           Figure 1. Na tional Estuarine Sanctuary Progr.am Designation Process

      AWARD                                   STAGE                           PUBLIC INPUT

   Preacquisition                        Site Selectio n                     Public Meeting
      Award                                   921.11)                          on Site(,,)
                                                 I
                                                 v
                                        Approval of Site
                                            by NUAA
                                              921.11)

                                                 v
                                         Development of                      Public Meeting;
                                   Draft Management Plan and                Public Hearing on
                                           Draft EIS                          the Draft EIS
                                          (ï¿½ 921.12)

                                                 v
                                        NOAA Approval of
                                     Draft Management Plan
                                              921.12)

                                                 v
                                         Development of                         Final EIS
                                           Final EIS
                                              921.12)

                                                 v
   Initial Acquisition                    Preparation of                       Public Meeting
    and Development                   Final Management Plan;                  on Final Plan
        Awards                    Acquisition of Key Land and
                               Water Areas; Minor Construction
                                          (ï¿½ 921.21)
                                                 I
                                                 v
                                      Final Management Plan
                                        Approved by NUAA;
                                        Other Findings
                                          (ï¿½ 921.30)

                                                 v
                                     Sanctuary Designation
                                              921.3U)

                                                 v
       Operation and                   Implementation of
     Management Award;               Final Management Plan;
   Subsequent Acquisition       Acquisition of Remaining Land;
   and Development Award;                 Construction
    Potential Research                    (ï¿½ 921.32)
           Awards                                I
                                                 V
                                     Programmatic Evaluation                  Public Meeting(s)
                                              921.34)                           on Evaluation

    BU.UNG CODE 3SIO-C"





                                Federal Register / Vol. 49,          No. 125 / Wednesday, June 27, 1984 / Rules and Regulations                                   26505

                      The task under the intial acquisition          regulations ensure that a state will have       by the states, in conjunction with
                   and development phase should be                   adequate flexibility in long-term               NOAA, are mandated by these
                   completed within two years. At this               operation of an estuarine sanctuary to          regulations as an integral part of site
                   point, NOAA must make formal                      deal with changing circumstances. The           selection, designation, and management.
                   findings, as specified ï¿½ 921.30. that the         regulations require more information              The Program's purpose is to establish
                   final management plan has been                    about the sanctuary, particularly               selected estuarine areas as sanctuaries
                   completed and is approved, that the key           through the development of a site-              to serve as natural field laboratories and
                   land and water areas as specified in the          specific management plan, prior to each         provide opportunities for long-term
                   management plan are under state                   step in the funding process. In this            research, education, and interpretation.
                   control, and that a memorandum of                 manner, it is expected that decisions           Because of this, the present and future
                   understanding between the state and               affecting the sanctuary and management          uses of such an area are certainly an
                   NOAA concerning the state's long-term             priorities will be planned for in advance,      important factor in considering whether
                   commitment to the sanctuary has been              rather than in an ad hoc fashion.               it should be a national estuarine
                   signed. After NOAA makes these
                   findings, the sanctuary is considered             IV. Summary of Significant Comments             sanctuary.
                   "designated". The state than begins               on the Proposed Regulations and                   It is also important to emphasize that
                   implementation of the final management            NOAA's Responses                                the Program does not involve broad
                   plan, including the construction of                 Comments were received from 17                scale regulation on land uses apart from
                   necessary facilities and additional land          sources. Commenters included Federal            that already undertaken by the state or
                   acquisition. The state is also eligible for       and state agencies, representatives of          proposed by the state under its own
                   operation and management awards to                the oil and gas industry, representatives       applicable authorities. Multiple use of
                   provide assistance in implementing the            of the electric utility industry, and           national estuarine sanctuaries is
                   final management plan.                            environmental and public interest               encouraged (see ï¿½ 921.1(d)). Resource
                      The regulations also provide                   roups. All comments received are on             protection is, however, the highest
                   procedures for the programmatic                   9                                               priority goal of the National Estuarine
                                                                     file at the Sanctuary Programs Division,
                   evaluation of a sanctuary during the              Office of Ocean and Coastal Resource            Sanctuary Program and uses must be
                   period of the operation and management            Management, 2001 Wisconsin Avenue,              compatible with long-term resource
                   awards (or under the initial acquisition          NW., Room 334 Washington, D.C. 20235.           protection. Within national estuarine
                   and development award if the sanctuary            The comments are available for review           sanctuaries, states may impose certain
                   is not designated within two years) and           at that office. Each of the major issues        regulatory* controls to ensure the
                   for a continuing, biennial review of an           raised by the commenters has been               continued protection of sanctuary
                   estuarine sanctuary after Federal                 summarized and NOAA's response                  resources. Areas proposed for
                   funding has expired. Procedures for               provided under the relevant subheading          designation are evaluated through the
                   withdrawing designation, if a sanctuary -         in this section.                                EIS process with opportunities for public
                   fails to meet established standards,                                                              comment.
                   have been added (ï¿½ 921.35).                       General                                         Section-by-Section Analysis
                      To foster scientific studies within            Impact on Existing Sanctuaries
                   national estuarine sanctuaries, NOAA is                                                           Subpart'A-General
                   setting aside funds for research within             One commenter suggested that the
                   sites with approved final management              final regulations indicate the impact of          Section 921.1-Mission and Goals.
                   plans. This is a separate category of             the changes on existing sanctuaries.              (1) Several commenters supported the
                   financial assistance from the operation             Response: The changes in procedure            Program Mission and Goals and found
                   and management or acquisition and                 reflected in these regulations will             them to be a substantial improvement
                   development support. The research                 improve the Program's operation and the         over the 1974 guidelines and 1977
                   funding is described in Subpart E.                effective implementation of national            proposed regulations.
                      Financial assistance requirements and          estuarine sanctuaries over time. They
                   procedures have been revised. The                 will therefore be Iapplied to existing            Response: The Mission and Goals
                   programmatic information required for             sanctuaries to the degree practicable.          were established to guide continued
                   each type of award is specified in the                                                            effective implementation of the National
                   appropriate sections-in preacquisition            Public Pa .rticipation                          Estuarine Sanctuary Program. Program
                   (Subpart B); acquisition and                        Because of the potential impacts              experience over the past several years
                   development (Subpart C); and operation            resulting from an area being designated         led to the development of refinements
                   and management (ï¿½ 921.32). General                as a national estuarine sanctuary, one          designed to improve the original
                   financial assistance information is               commenter noted that the maximum                guidelines.
                   provided in Subpart F.                            opportunity for the participation of              The concept of a national estuarine
                      In surnmary, the regulations include           interested persons should be provided.          sanctuary does not easily merge with
                   more standards and guidelines for states          The commenter encouraged NOAA to                that of existing natural resource
                   to follow in developing and operating a           ensure that states comply with the              protection programs, such as wildlife
                   national estuarine saanctuary. as well            conditions of ï¿½ï¿½ 921.11(d) and 921.12(d).       refuges or patics. National estuarine
                   as additional guidelines for NOAA in              The commenter recommended that a                sanctuaries are designed to ensure '
                   overseeing the Program. Based on                  careful review of all established and           protection of a natural habitat unit in
                   experience and from discussions with              potential industrial activities be              which long-term research and
                   several states with estuarine                     undertaken to ensure a well-balanced            educational projects can be focused. A
                   sanctuaries, NOAA has found that the              decision on the site's suitability for          primary aim of these research and
                   previous lack of guidance raised many             designation as a national estuarine             education projects is to provide
                   concerns about what an estuarine                  sanctuary.                                      information to states that is useful for
                   sanctuary should be, the state's role in            Response: NOAA agrees with the                decisiortmaking concerning the
                   developing and operating a sanctuary,             comment on the importance of public             development or protection of its coast
                   and how decisions should be made. The             participation. Public participation efforts     and associated resources.





    26506         Federal Register / Vol. 49, No. 125 / Wednesday, June 27, 1984 / Rules and Regulations

      National estuarine sanctuaries are not          NOAA disagrees with the cornmenter on             owned by a state or conservation group.
    established primarily for recreational            Goal 4. The purpose of the goal is to             In this way actual ownership would not
    pursuits, although compatible uses are            ensure the protection of selected                 be as important as the site's value to the
    encouraged. Sanctuaries are also not .            estuarine areas. Federal/state                    Program.
    intended solely to enhance habitat for a          cooperative efforts to ensure such                  Response: NOAA believes that the
    single species by modification of the             protection are emphasized; the Federal            inclusion of representatives of all
    natural character of the estuarine                role encompasses more then grants-in-             national estuarine variations would be
    system.                                           aid, but includes continuing evaluation           impracticable from a management
      The final regulations, including the            and coordination of research and                  perspective. It should be noted that
    Mission and Goals, are designed to                education to ensure that the sites remain         control of estuarine land and water
    clarify the definition and function of a          as natural field laboratories consistent          areas is only one facet in sanctuary
    national estuarine sanctuary,                     with the legislative intent.                      designation. Properties already owned
      (2) Another commenter, however,                   NOAA has based these revised                    by the state or a conservation group
    suggested that the section on Mission             regulations on the Act and its legislative        may not comprise a natural unit or have
    and Goals, which replaced the "Policy             history. Through experience with the              the research and educational foundation
    and Objectives" section of the 1974               Program, NOAA has made certain                    required by the Program. Such areas are
    guidelines, expands the scope of the              refinements to the process. In fact, by           already in a protected status and are
    Program in ways not originally intended.          explicitly providing for Section 312              avElilable for research and educational
    The commenter suggested that Goal 2               evaluations (as required by the Coastal           purposes, along with those regional
    (concerning research) was adequate.               Zone Management Act) as seeking to                representatives comprising the National
    and that the other three should be                coordinate research and education from            Estuarine Sanctuary system. Adding
    deleted. The commenter suggested that             the national level, the Program has made          these sites to the Program may not serve
    the first goal, concerning long-term              significant strides to fulfill the                beneficial purposes. Thus, while the
    management planning, should be left to            Congressional intent (see ï¿½ï¿½ 921.1(c)             biogeographic classification scheme sets
    the National Marine Sanctuary Program             and 921.34).                                      the initial parameters within which
    or state coastal zone programs. The                 (3) One reviewer felt that the idea of          detailed site selecion and analysis is
    commenter further suggested that the              coordinating research and education               focused, it should not be considered
    third goal, involving enhancement of              information expressed in ï¿½ 921.1(c) was           alone, Many other factors must be
    public awareness through interpretation,          a good idea, but should be carefully              considered.
    should also be dropped even though it             thought out and developed in                        Within regions without an estuarine
    was recognized that such interpretive             coordination with individual states.              sanctuary, however, the non-acquisition
    efforts often stem from scientific                  Response: NOAA is now in the                    alternatives suggested by the
    research. Finally, the commenter-                 process of developing a detailed plan for         commenter will be utilized to the
    suggested that the fourth goal, involving         coordinating research and education.              greatest degree possible.
    stimulating Federal-state cooperation to          Comments from states and other                      (3) Another commenter was
    promote the management of estuarine               interested groups are being actively              concerned that implementation of the
    areas, should be dropped since it                 solicited in preparing this plan.                 biogeographic classification scheme on
    allegedly provides the Federal                      (4) Several commenters strongly                 the basis of one site per region would
    government with more authority than               supported the concept in ï¿½ 921L.I(d) of           lead to too many estuarine sanctuaries.
    needed. The commenter supports this               encouraging multiple use of estuarine               Response: As detailed in The Clark
    view by citing legislative history to             sanctuaries. One of the same
    assert that the Act "authorizes Federal           commenters also supported the                     Report, the classification scheme and
    grants-in-aid, but makes no attempt to            statement in Section 921.11(c)(5) that the        estuarine typology are designed to
    diminish State authority through Federal          site selection process consider "the              provide the Program with an array of
    preemption."                                      site's compatibility with existing and            sanctuaries broadly reflective of our
      The same commenter generally                    potential land and water use in                   Nation's estuarine zones. Only with this
    questions the need for the National               contiguous areas."                                diversity of sites can the Program
    Estuarine Sanctuary Program and need                Response: NOAA is strongly                      produce beneficial research and
    for revisions to the existing program.            committed to the concept of multiple use          educational projects useful in coastal
    The commenter encouraged NOAA to                  in estuarine sanctuaries as long as the           decisionmaking. There are presently 14
    examine the legal and scientific bases            purposes for which the sanctuary is               biogeographic regions represented in the
    for the estuarine sanctuary program and           established are maintained. Therefore it          system.
    to ensure that the regulations conforin to        is important that site selection efforts            (4) Another commenter stated that by
    the intended goals of the Coastal Zone            closely analyze existing and potential            including 27 regions, and providing for
    Management Act.                                   uses of the area and adjacent areas.              one site per region, NOAA has extened
      Response: The Mission and Goals                   Section 921.3-Biogeographic                     the Program in an unwarranted manner.
    described in Section 921.1 are in no way          Classification Scheme. (1) One state              The commenter recommended instead
    an expansion of the Program. Rather               requested that the goal of one site per           that NOAA use the classification
    they reflect the legislative history and a        region be revised to allow for more sites         scheme in the Program Development
    synthesis of the Program's past                   per region based on the estuarine                 Plan for the National Marine Sanctuary
    experience and need for basic policy              typology system. The commenter noted              Program which relied on eight regions.
    guidance. Goals 2 and 3 are both valid;           that only by including several sites per            Response: Estuarine sanctuaries. in
    since both education and interpretive             region could all significant national             order to be beneficial for long-term
    efforts are natural outgrowths of                 variation be included. The commenter              research and educational purposes,
    science. The first goal. involving                suggested that outright acquisition was           should reflect the Nation's coastal areas.
    management planning, represents a                 not always necessary. The alternative             The biogeographic classification scheme
    logical mechanism for achieving                   suggested was to incorporate into the             and estuarine typologies were-
    Program purposes with maximum utility             National Estuarine Sanctuary Program              developed from this premise as
    and a minimum amount of waste.                    those sites. as appropriate. that are             demonstrated in The Clark Report. In






                               Federal Register / Vol. 49,          No. 125 / Wednesday, June 27, 1984 / Rules and Regulations                                   26507

                  identifying sites for potential marine            appropriately occur during the EIS              a significant Federal action for the
                  sanctuary status, eight regions were              process, but the commenter suggested            purposes of the NEPA EIS requirement.
                  used, but for administrative purposes             that states may wish to involve Federal           (3) One commenter noted that since
                  rather than representativeness. On top            agencies with special expertise earlier         resource protection is a primary
                  of this scheme, a detailed marine                 during the site selection process.              program goal, the regulations should
                  classification scheme, developed solely            Response: The regulations require that         specify that the plan detail
                  for marine areas and illustrative of the          states seek the views of Federal                responsibilities for surveillance and
                  Nation's oceans, was applied. As a                agencies as well as other parties early in      enforcement of human activities.
                  result of his process, twenty-nine sites          the site selection process (see                   Response: NOAA agrees and the
                  were selected by NOAA for placement               ï¿½ ï¿½ 921.11(d) and 921.12(a)(3)). Federal        regulations (at ï¿½ 921.12(b)(8)) have been
                  on the Site Evaluation List (see 48 FR            agencies will also be actively involved         revised to require that responsibilities
                  35568 (1983)).                                    in the management planning process              for surveillance and enforcement be
                     Section 921.4(b)-Coordination With             and EIS development (see ï¿½ 921.12 (d)           detailed in the management plan.
                  the National Marine Sanctuary                     and (e)).                                         (4) One commenter questioned the
                  Program. One commenter was                         Section 921,11-Site Selection. (1)             usefulness of the NOAA-state
                  concerned about the possible                      Several states suggested that the               memorandum of understanding (MOU),
                  duplication of time and effort if an area         regulations address multiple-site               which is required as part of the
                  is established as an estuarine sanctuary          national estuarine sanctuaries.                 management plan (see ï¿½ P'71.12 (a)(5)
                  and a marine sanctuary. The commenter              Response: Section 921.10(b) has been           and (b)(10)). The comment'r suggested
                  requested that NOAA address the                   revised to specifically reference               that the MOU could not be considered
                  possibility of a dual designation and             multiple-site systems within the                legally binding on future legislatures.
                  means by which both programs could                National Estuarine Sanctuary Program.             Response: The MOU emphasizes the
                  coexist without generating serious                 (2) One corrimenter urged early and            significance of establishing an estuarine
                  problems.                                         frequent public involvement in the              sanctuary and recognition by the state
                     Response: Section 921.4(b) is intended         designation and management of national          and Federal government of the long-term
                  only to ensure that the National                  estuarine sanctuaries. It was suggested         commitment to management of the area
                  Estuarine Sanctuary Program and                   that where the proposed regulations             in accordance with the agreed-upon
                  National Marine Sanctuary Program                 limit notice to the local media (for            goals and objectives. The MOU spells
                  work closely together this is                     example in ï¿½ 921.11(d) concerning               out, at the beginning of the process, the
                  particularly true in terms of                     preliminary site selection), notice should      roles of the Federal and state
                  management planning, research                     also be made in the Federal Register            governments, and what is expected of
                  projects, and education/ interpretive             since not all parties interested in the         each party. It will clearly indicate that
                  activities. It is also important to note          proposed designation live in the                each party is aware of its commitment
                  that the Programs are not duplicative             adjacent area and the Program has a             and responsibilities at the beginning of
                  and could serve complementary                     broad national interest.                        the process. The MOU emphasizes that
                  purposes. The regulations have been
                  clarified to provide that the boundaries           Response. This change has been made            lands acquired under the National
                  of the national marine and estuarine              (see ï¿½ 921.11(d)).                              Estuarine Sanctuary Program must
                  sanctuaries would not overlap, even                Section 921,12-Management Plan                 continue to be used in a manner
                  though they may be adjacent (similar to           Development. (1) One state noted that           consistent with sanctuary purposes.
                  the case where a National Wildlife                ï¿½ 921.12(b), concerning management                (5) Several states approved requiring
                  Refuge abuts a National Park).                    plan development, should include a              the management plan early in the
                                                                    description of the sanctuary                    process as a guide to future decisions
                  Subpart B-Preacquisition: Site                    administrative strilcture as a required         before the expenditure of substantial
                  Selection and Management Plan                     plan co*mponent. It was suggested that          funds. Other commenters, however,
                  Development                                       the plan should at least outline the            expressed concern that requiring the
                     Section 921.10--GeneraL (1) One state          staff s roles for research, education/          preparation of a draft management plan
                  suggested that the $50,000 Federal share          interpretation, and enforcement.                prior to any commitment to the site from
                  was not enough to accomplish the goals             Response: NOAA agrees and                      NOAA could lead to the waste of
                  of the preacquisition award (e.g., site           language to this effect has been added          extensive staff time, public
                  selection and draft managment plan                at ï¿½ 921.12(b)(2).                              participation, and resources.
                  development) and recommended that a                (2) One state suggested that an                  Response: These regulations are
                  small sum be set aside for site selection,        environmeLital impact statement not be          predicated upon ten years of experience
                  and that other funds to prepare the draft         required in all cases. Rather, in less          in administering the National Estuarine
                  plan be negotiated between the state              complex situations, the flexibility to          Sanctuary Program. The regulations are
                  and the Federal government based on               prepare an environmental assessment             intended to rectify many of the problems
                  the proposed sanctuary's complexity.              should be left open.                            that have occurred in specific
                     Response: Based on past experience,             Response: NOAA disagrees. Based on             sanctuaries in the past. Many of these
                  the $50,000 Federal funding level.                experience with the program, an                 problems could have been foreseen and
                  supplemented by state match, is                   environmental assessment is not an              overcome by thoughtful, pre-sanctuary
                  adequate for site selection and draft             adequate mechanism to fully consider            planning. Thus, NOAA is strongly
                  plan development. Additional funds to             the environmental and socioeconomic             supportive of developing a management
                  complete the final plan are available             impacts of a proposed national estuarine        plan early in the decision process. The
                  under the acquisition and development             sanctuary, particularly where a                 concern that NOAA is not committed to
                  award (see ï¿½ 921.21).                             management program is being proposed.           the state during the draft management
                     (2) One commenter suggested that               Further, it does not provide for the            plan process is unwarranted given the
                  specific reference to the need for                extensive public review required                procedures specified in the regulations.
                  Federal agency coordination be included           through the NEPA process. We believe            NOAA's financial commitment begins
                  in Subpar, B. Such coordination could             that designation of any site qualifies a   s    with the preacquisition award for site






       26508         Federal Register / Vol. 49, No. 125 / Wednesday, June 27, 1984 / Rules and Regulations

       selection and continues through all the            large capital expenditures until a final           gauge the effectiveness of the
       developmental stages. NOAA may                     plan is prepared and substantial                   sanctuary's program.
       support up to one-half of the total costs          progress in land acquisition has been                (2) The same commenter as in (1) also
       of establishing a particular sanctuary.            made.                                              questioned the value of a program
       NOAA's programmatic commitment to a                  Section 921.32-Operation and                     evaluation after Federal funding expires.
       proposed sanctuary begins with                     Management: Implementation of the                    Response: The required evaluations
       approval of a site and continues through           Manaiement Plan. (1) One state                     will ensure that sanctuary objectives, as
       the management plan review and                     suggested the $250,000 cap on federal              specified in the management plan, are
       preparation of the EIS. If the sanctuary           funding for operation and management               still being attained and that proposed
       proposal is approved, and if the                   in Section 921.32(b) should be modified            boundary changes and amendments to
       requirements of the preacquisition phase           to provide for additional funds based on           the management plan can be reviewed.
       are met, NOAA will proceed with                    need.                                              The evaluations will ensure that the
       establishing the site as a national                  Response: The Program is designed to             purposes for which the sanctuary was
       estuarine sanctuary.                               assist states in establishing estuarine            established continue to be met and that
          Decision points early in the process            sanctuaries. Funds are provided for an             the site meets the criteria of the national
       provide opportunities for either party to          initial period of implemenatation;                 system.
       withdraw before too much time and                  thereafter the states must assume                    After Federal funding expires, the
       effort have been committed.                        responsibility for continued operation,            state is required to submit an annual
          (6) In terms of ï¿½ 921.12(b)(7), one               Section 921.33-Boundary Changes                  report on the sanctuary. The report will
       commenter suggested that the schedule              and Amendments to the Management                   detail program successes and
       for acquisition, required as part of the           Plan. (1) Several states requested that'           accomplishments in implementing the
       management plan, was useful as a                   this section be modified to apply only to          policies and activities described in the
       guide, but not as a rigid planning                 laws specifically applicable to the                sanctuary management plan. The report
       document.                                          sanctuary, and not general                         also should propose a work plan for the
          Response: NOAA views the                        environmental quality laws such as for             next year of sanctuary operations and
       acquisition strategy as a flexible                 air and water.                                     describe the state's role in ongoing
       planning tool. It does, however, identify.           Response: Section 921.33 has been                sanctuary programs. Inadequate annual
       key areas where acquisition should be              clarified to reflect this point.                   reports will trigger a full-scale -
       focused and acquisition priorities                   (2) One commenter recommended that               evaluation with a site-visit. In addition,
       developed. The strategy will also                  public notice and opportunity to                   an a periodic basis, NOAA will also
       contain alternatives (including boundary           comment be provided in all cases where             conduct a full-scale Section 312
       changes) if selected priority areas                boundaries are changed or management               evaluation with a site visit.
       eventually cannot be acquired.                     plans are amended under ï¿½ 921.33.                    Section 921.35- Withdrawal of
          (7) One commenter suggested that the              Response: The proposed regulations               Designation. (1) Several reviewers
       requirements for the draft management              provide that if NOAA determines it is              suggested that the section on the
       plan should reference three additional             necessary, public notice and an                    withdrawal of designation be modified
       elements, all of which were included in            opportunity for comment on boundary                to allo.w the applicable state to
       the 1974 cuidelines: (1) Definitions of            changes and changes to the final                   participate in decisions regarding the
       permitted, compatible, restricted and              management plan will be provided.                  disposition of property..
       prohibited uses-, (2) a monitoring plan to         Major changes do require public notice               Response. The state will of course be
       ensure that the integrity of the sanctuary         and opportunity for comment and. in                consulted by NOAA in any decision
       is maintained; and (3) a description of            certain cases, preparation of an                   regarding property disposition, which
       the authorities which will be put in               environmental assessment. Thus, the                will be carried out according to
       place to manage the Sanctuary and                  clear intent of these regulations is to            Attachment N of OMB Circular A-102.
       enforce the policy and use restrictions.           provide for public notice where                    Revised. and these regulations.
          Response: A resource protection plan            applicable. There may, however. be
       requirement has been added (see                    times where changes to the management                (2) Several reviewers questioned, in
                                                                                                             the event of withdrawal of sanctuary
       ï¿½ 921.12(b)(8)) which encompasses                  plan are minor and will not require such           designation,  ,the method of disposal for
       elements (1) and (3). A monitoring plan            notice.
       should be included as part of the                    Section 921.34-Progrom Evaluation.               property held in less-than-fee simple or
       research plan (see ï¿½ 921.12(b)(3)).                (1) One commenter specifically                     controlled by a lease.
                                                          questioned the value of Section 312-type             Responee: Section 921.21(e) [which
       Subpart C-Development and                          evaluations of sanctuary performance;              was ï¿½ 921.35(e) in the proposed
       Preparation of the Final Management                the commenter stated that performance              regulations] v@ould be followed to the
       Plan                                               reports, which are required as a                   extent it applies. Leasehold and other
          Section 921.21-Initial Acquisition              condition of the financial award, are              real property interests purchased in
       and Development Awards. (1) One state              adequate for NOAA's purposes.                      whole or in part with Federal funds are
       noted that the limit of 5 percent of the             Response: Performance reports are of             subject to the provisions of Attachment
       initial acquisition and development                course helpful. But such reports do not            N. OMB Circular A-102, Revised.
       awards which may be expended on                    address the specific range and depth of              (3) Anothez state requested that the
       minor construction activities which aid            issues needed to assess the                        deed languag@ be rewritten so that a
       in implementing portions of the                    effectiveness of sanctuary operation and           state would be "entitled to retain title to
       management plan may not be adequate                opportunities for improvement. In                  property which the state determines is
       for multiple-site systems.                         addition during an evaluation,                     no longer needed for grant purposes, so
          Response: After careful consideration,          individuals or groups that are, or should          long as the property is used for other
       NOAA has determined that necessary                 be, involved in sanctuary management               purposes approved by NOAA as. being
       construction can be planned for and                or are affected by the sanctuary are               consistent with the sanctuary program."
       included as part of the initial award.             contacted. This provides NOAA with                   Response: When property purchased
       The intent of this restriction is to limit         valuable feedback that is necessary to             in fee simple or less-than-fee simple is






                                             Federal Register I Vol. 49, No. 125 1 Wednesday, June 27, 1984 / Rules and Regulations                                                                                                26509

                              no longer used for the purposes of the                               Subpart F-General Financial                                             is somewhat acid. It was suggested that
                              National Estuarine Sanctuary Program,                                Assistance Provisions                                                   the circumneutral range should be 6.5
                              NOAA is required to dispose of the                                     (1) One state criticized the exclusion                                rather than 5.5.
                              property according to the provisions of                              of land as state match for the operation                                   Response: For the reasons indicated in
                              Attachment N, OMB Circular A-102,                                    and management awards, The state                                        the above response, we decided to
                              Revised. These. provisions are                                       found such an exclusion to be an undue                                  continue with the proposed system.
                              essentially the same as stated in                                    constraint upon management and                                             (3) Another reviewer stated that in
                              921.21 (e) of the final regulations.                                 operation alternatives available to                                     Group II-Transition Areas, the
                              (4) One commentcr suggeste that                                      states.                                                                 description of coastal marshes and
                              specific criteria and an appeals                                       Response: In order to maximize the                                    coastal mangroves as the only coastal
                              procedure (including public notice of the                            support provided to a sanctuary during                                  wetland transition areas is too narrow.
                              proposed withdrawal of designation) be                               its early years, NOAA has precluded                                     Other wetland areas (marshes, swamps,
                              added to the regulations.                                            land as match for the operation and                                     bogs) should be included.
                              Response: As specified in                       921.34               management award. To a reasonable                                          Response: A new subtitle "Coastal
                              and 921.35, NOAA's continuing                                        degree, state match should relate to the                                Marshes and Swamps" has been added.
                              evaluation of sanctuary performar!,.,.e                              Durpose of the particular award. Since                                     (4) Another commenter stated that the
                              will examine th-, state's performance in                             ihe purpose of the operation and                                        typology did not appear to contain
                              upholding the mandate of Section 315 of                              management award is to provide for the                                  criteria which adequately describe a
                              the Act, the national Program goals, and                             sanctuary's operation and                                               Great Lakes-type site.
                              the policies established in the                                      implementation of the management                                           Response: Great Lakes areas can fall
                              management plan. Specific criteria to                                plan, the use of land as match is                                       under Class 11, Group LB (Basin
                              judge these factors cannot be                                                                                                           land Structure); LC (Inlet Type); I.D. (Bottom
                                                                                                   inappropriate, particularly since
                              enumerated, but will be examined on a                                acquisition should be well underway                                     Composition); Group ILA (Circulation);
                              case-by-case basis. Section 921.35 spells                            prior to the state's receiving an                                       ILC (Freshwater); and Group III-
                              out a procedure for withdrawal of .                                  operation and management award. The                                     Chemical.
                              designation, including an appea to the                               allowable categories of match (see
                              Assistant Administrator for Ocean                                    ï¿½ 921.51(e)) provide the state with                                     V. Other Actions Associated With the
                              Services and Coastal Zone                                            sufficient flexibility.                                                 Proposed Rulemaking
                              Management.
                              (5) One state questioned who would                                   Appendix 2-Estuarine Typology                                           (A) Classification Under Executive
                              decide the "current fair market value" of                              (1) One reviewer stated that in Group                                 Order 12291
                              lands slated for withdrawal of                                       III-Chemical, the proposed salinity                                        NOAA has concluded that these
                              designation in ï¿½ 921.35(e)(i) [now                                   limits were particularly confusing. The                                 regulations are not major because they
                              ï¿½ 9Z1.21(e)(i)]. It was recommended that                             reviewer noted thata salinity zone of 10                                will not result in:
                              an arbitration system of three                                       ppt to 20 ppt is very important because                                    (1) An annual effect on the economy
                              independent appraisers or comparable                                 numerous estuaries possess waters in                                    of $100 million or more-,
                              system be established.                                               this salinity range, but the proposed                                      (2) A major increase in costs or prices
                              Response. Fair market value would be                                 polyhaline zone is too broad to describe                                for consumers, individual industries,
                              determined by an independent appraiser                               this. The reviewer included the                                         Federal, state or local government
                              (e.g., certified real property appraiser or                          following table of salinity ranges from                                 agencies, or geographic regions; or
                              GSA representatives) and certified by a                              Introduction to Marine Biology by                                          (3) Significant adverse effects on
                              responsible official of the state, as                                Mosby:            -       I
                              provided by Attachment F of OMB                                                                                                              competition, employment, investment,
                              Circular A-102, Revised.                                                        Salinity (0/00)                  Type of water               productivity, innovation or on the ability
                                                                                                                                                                           of Urited States-based enterprises to
                              Subpart E-Research Funds                                             0 to O.S   ..... . ............ . .... . .... . _Fresh water.           compete with foreign-based enterprises
                              (1) Several reviewers sugges;ted that                                0.5 to 3.0 .. .. .... ....... ..................... Mgohaiine brackish water. in domestic or export markets.
                                                                                                   3.0 to to  ......................... ............... MesohaJine brackish water
                              research funds be offered on a 100                                   10.0 to                             Polyhekne brackish water.*             These final rules amend existing
                              percent Federal basis, i.e., without a                               17 to 30   ....... ....................... ......... Oligohai!ne seawater. procedures for selecting and processing
                                                                                                   30 to 34   ... . .. . .......... . ................... Mes"hne seawater. potential national estuarine sanctuaries
                              state match requirement.                                             34 to 38   .....................    Polyhaline seawater.
                              Response: Section 315 of the Coastal                                 >38__          - ------             Brine.                              in accordance with a revised
                              Zone Management Act requires that all                                  From Valikangas, 1. 1933. Uber die Slologie Osr 0sts" als             biogeographic classification scheme and
                              funds to coastal states for national                                 araciwassergabiet verk int verion. theor. angew. unnoi.                 pstuarine typologies. These rules
                              estuarine sanctuary purposes be                                      6:1.                                                                    establish a revised process for
                              provided on a fifty-fifty matching basis.                               Response: Polyhaline should be 30 ppt                                identifying, designating and managing
                              (2) Other commenters suggested that                                  to 18 ppt; the "5" was a typographical                                  national estuarine sanctuaries. They will
                              funding limits and the total research                                error. NOAA considered the information                                  not result in any direct economic or
                              budget be discussed in the regulations.                              provided, but has decided to continue to                                environmental effect nor win they lead
                              Response: Funding limits and the total                               use the proposed salinity ranges which                                  to any major indirect economic or
                              Federal funds for research in national                               are from Ecology of Inland Waters and                                   envirorimental impacts.
                              estuarine sanctuaries will vary from                                 Estuaries (Reid and Wood, 1976). This is                                (B) Regulatory Flexibility Act Analysis
                              year-to-year; thus, these figures are not                            the standard limnology test used in
                              included in the final regulations. NOAA                              college. The table used as an example is                                   The General Counsel of the
                              will, however, distribute information                                from a 1933 paper the salinity table                                    Department of Commerce certified to
                              about the relative funding limits and                                used in the typology is the widely                                      the Small Business Administration that
                              funding totals. Such information will be                             accepted "Venice System" adopted in                                     this rule will not have a significant
                              sent to states with national estuarine                               1958.                                                                   economic impact an a substantial
                              sanctuaries and to other interested                                      (2) The same reviewer also questioned                               number of small entities. Thus,
                              parties.                                                             the pH values suggesting that a pH of 5.5                               regulatory Flexibility Analysis is not






           26510      Federal Register / Vol. 49, No. 125 / Wednesday, June 27. 1984 / Rules and Regulations
           required for this notice of final                 Subpart D-Sancturay Designation and                 ideas from one sanctuary are made
           rulemaking. The regulations set forth             Subsequent Operation                                available to others in the svstern. The
           procedures for identifying and                    Sec,                                                network that will be estabfished will
           designating national estuarine                    921.30 Designation of National Estuarine            enable sanctuaries to exchange
           sanctuaries, and managing sites once                  Sanctuaries.                                    information and research data with each
           designated.                                       921.31 Supplemental acquisition and                 other, with universities engaged in
           These rules do not directly affect                    development awards.                             estuarine research, and with Federal
           .1.                                               921.32 Operation and management:
           small government jurisidictions" as                   Implementation of the Management Plan.          and state agencies, NOAA's objective is
           defined by Pub. L. 96-354, the                    921.33 Boundary changes, Amendments to              a system-wide program of research and
           Regulatory Flexibility Act, and the rules             the Management Plan, and addition of            monitoring capable of addressing the
           will have no effect on small businesses.              multiple-site components.                       management issues that affect long-term
                                                             921.34 Program evaluation.                          productivity of our Nation's estuaries.
           ((7) Paper Work Reduction Act of 1980             921.35 Withdrawal of designation.                      (d) Multiple uses are encouraged to
           (Pub, L. 96-511)                                  Subpart E-Research Funds                            the degree compatible with the
           These regulations do not impose any               921.40 General.                                     sanctuary's overall purpose as provided
           information requirements of the type              921.41 Categories of potential research             in the management, plan and consistent
           covered by Pub. L. 96-511 other than                  projects; evaluation criteria.                  with subsections (a) and (b), above. Use
           those already approved by the Office of           Subpart F-General Financial Assistance              levels are set by the individual state and
           Management and Budget (approval                   Provisions                                          analyzed in the management plan. The
           number 0648-0121) for use through                 921.50 Application information.                     sanctuary management plan (see
           0                                                                                                     ï¿½ 921.12) will describe the uses and
           September 30,1986.                                921.51 Allowable costs.                             establishes priorities among these uses.
           (D] National Environmental Policy Act             9' .1.52 Amendments to financial assistance         The plan shall identify uses requiring a
           NOAA has concluded that publication                   awards.                                         state permit, as well as areas where
           of these rules does not constitute a              Appendix 1-Biogeographic Classification             uses are encouraged or prohibited. In
           major Federal action significantly                    Scheme                                          general, sanctuaries are intended to be
           affecting the quality of the human                Appendix 2-Typology of National Estuarine           open to the public; low-intensity
           environment. Therefore, an                            Areas                                           recreational and interpretive activities
           environmental impact statement is not              Authority: Sec. 315(l), Pub. L 92-583, as          are generally encouraged.
           required.                                         amended; 86 Stat. 1280 (16 U.S.C. 1461(l)).            (e) Certain manipulative research
           List of Subjects in 15 CFR Part 921               Subpart A-General                                   activities may be allowed on a limited
                                                             ï¿½ 921.1 Mission and goals.                          basis, but only if specified in the
           Administrative practice and                        (a) The mission of the National                    management plan and only if the
           procedure. Coastal zone, Environmental            Estuarine Sanctuary Program is the                  activity is consistent with overall
           protection, Natural resources, Wetlands.          establishment and management, through               sanctuary purposes and the sanctuary
           (Federal Domestic Assistance Catalog              Federal-state cooperation, of a national            resources are protected. Manipulative
           Number 11.420 Estuarine Sanctuary Program)        system of estuarine sanctuaries                     research activities require the prior
           Dated: February 29,1984.                          representative of the various regions               approval of the state and NOAA.
           Paul M. Wolff,                                    and estuarine types in the United States..          Habitat manipulation for resource
           Assistant A dministraturfor Ocean Services        Estuarine sanctuaries will be                       management purposes is not permitted
           and Coastal Zone Management.                      established to provide opportunities for            within national estuarine sanctuaries.
           Accordingly, 15 CFR Part 921 is                   long-term research, education, and                     (f) While the Program is aimed at
           revised as follows:                               interpretation.                                     protecting natural, pristine sites, NOAA
                                                              (b) The goals of the Program for                   recognizes that many estuarine areas
           PART 921-NATIONAL ESTUARINE                       carrying out this mission are:                      have undergone ecological change as a
           SANCTUARY PROGRAM                                  (1) Enhance resource protection by                 result of human activities. Although
           REGULATIONS                                       implementing a long-term management                 restoration of degraded areas is not a
                                                             plan tailored to the site's specific                primary purpose of the Program. sQme
           Subpart A-General                                 resources-,                                         restorative activities may be permihed
           sec.                                               (2) Provide opportunities for long-term            in an estuarine sanctuary as specified in
           921.1 Mission and goals.                          scientific and educational programs in              the management plan.
           921.2 Definitions.                                estuarine areas to develop information                 (g) NOAt% may provide financial
           921.3 National Estuarine Sanctuary                for improved coastal decisionmaking,                assistance to coastal states, not'to
           Biogeographic Classification Scheme and            (3) Enhance public -awareness and                  exceed 50 percent of all actual costs, to
           Estuarine Typologies.                             understanding of the estuarine,                     assist in the designation and operation
           921.4 Relationship to other provisions of the     environment through resource                        of national estuarine sanctuaries (see
           Coastal Zone Management Act and to
           the National Marine Sanctuary Program.            interpretive programs; and                          section 921.51(e)). Three types of awards
                                                              (4) Promote Federal-state cooperative              are available under the National
           Subpart B-Preacquisition: Site Selection          efforts in managing estuarine areas.                Estuarine Sanctuary Program. Th                  'e
           and Management Plan Development                    (c) To assist the states in carrying out           preacquisition award is for site
           921.10 General.                                   the Program's goals in an effective                 selection and draft management plan
           921.11 Site selection.                            manner. the National Oceanic and                    preparation. The acquisition and
           921.12 Management Plan development.               Atmospheric Administration (NOAA)                   development award is intended
           Subpart C-Acquisition, Development, and           will coordinate a research and                      primarily for land acquisition and
           Preparation of the Final Management Plan          education information exchange                      construction purposes. The operation
           921.20 General.                                   throughout the national estuarine                   and management award provides funds
           921.21 Initial acquisition and development-       sanctuary system. As part of this role,             to assist in implementing the research,
           awards.                                           NOAA will ensure that information and               educational. and administrative






                                Federal Register / Vol. 49,          No. 125 / Wednesday, June 27, 1984 / Rules and Regulations                                     26511

                   programs detailed in the sanctuary                and to include a variety of ecosystem             Financial assistance application
                   management plan. Under the Act, the               types. A biogeographic classification             procedures are specified in Subpart F.
                   Federal share of funding for a national           scheme based on regional variations in              (b) In selecting a site, a state may
                   estuarine sanctuary shall not exceed              the nation's coastal zone has been                choose to develop a multiple-site
                   11,000,000, At the conclusion of Federal          developed. The biogeographic                      sanctuary reflecting a diversity of
                   financial assistance, funding for the             classification scheme is used to ensure           habitats in a single biogeographic
                   long-term operation of the sanctuary              that the National Estuarine Sanctuary             region. A multiple-site sanctuary also
                   becomes the responsibility of the state.          System includes at least one site from            allows the state to develop
                     (b) Lands already in protected status           each region. The estuarine typology               complementary research and
                   by another Federal, state, local                  system is utilized to ensure that sites in        educational programs within the
                   government or private organization can            the Program reflect the wide range of             multiple components of its sanctuary.
                   be included within national estuarine             estuarine types within the United States.         Multiple-site sanctuaries are treated as
                   sanctuaries only if the managing entity             (b) The biogeographic classification            one sanctuary in terms of financial
                   commits to long-term non-manipulative             scheme, presented in Appendix 1,                  assistance and development of an
                   management. Federal lands already in              contains 27 regions. Figure 2 graphically         overall management framework and
                   protected status cannot comprise the              depicts the biogeographic regions of the          plan. Each individual component of a
                   key land and water areas of a sanctuary           United States.                                    proposed multiple-site sanctuary shall
                   (see ï¿½ 921.11(c)(3)).                               (c) The typology system is presented            be evaluated separately under
                   ï¿½ 921.2 Definitions.                              in Appendix 2.                                    ï¿½ 921.11(c) as part of the siteselection
                                                                                                                       process. A state may propose to
                     (a) "Act" means the Coastal Zone                ï¿½ 921.4 Relationship to other provisions of       establish a multiple-site sanctuary at the
                   Management Act, as amended        ,16 U,S*C,      the coastal zon, management Act and to            time of the initial site selection, or at
                   1451 et seq. Section 315(l) of the Act, 16        the National Marine Sanctuary Program.            any point in the development or
                   U.S.C. 1461(l), establishes the National            (a) The National Estuarine Sanctuary            operation of the estuarine sanctuary,
                   Estuarine Sanctuary Program.                      Program is intended to provide                    even after Federal funding for the single
                     (b) "Assistant Administrator" (AA)              information to state agencies and other           component sanctuary has expired. If the
                   means the Assistant Administrator for             entities involved in coastal zone                 state decides to develop a multiple-site
                   Ocean Services and Coastal Zone                   management decisionmaking pursuant                national estuarine sanctuary after the
                   Management, National Ocean Service,               to the Coastal Zone Management Act, 16            initial acquisition and development
                   National Oceanic and Atmospheric                  U.S.C. 1451 et seq. Any coastal state,            award is made on a single site, the
                   Administration, U.S. Department of                including those that do not have                  proposal is subject to the requirements
                   Commerce, or his/her successor or                 approved coastal zone management                  set forth in ï¿½ 921.33. It should be noted,
                   designee.
                     (C) -Coastal state" means a state of            programs under section 306 of the Act, is         however, that the total funding for a
                   the United States in, or bordering on, the        eligible for an award under the National          multiple-site sanctuary remains at'the
                   Atlantic, Pacific, or Arctic Ocean, the           Estuarine Sanctuary Program (see                  $3,000,000 limit; the funding for
                   Gulf of Mexico, Long Island Sound, or               921.2(e)).                                      operation of a multiple-site sanctuary is
                   one or more of the Great Lakes. For the             (b) Where feasible, the National                also limited to the $250,000 standard
                   purposes of this title, the term also             Estuarine Sanctuary Program will be               (see ï¿½ 921.32(b)).
                   includes Puerto Rico, the Virgin Islands.         conducted in close coordination with the          ï¿½ 921.11 Sltp selection.
                   Guam, the Commonwealth of the                     National Marine Sanctuary Program                   (a) A state may use up to $10,000 in
                   Northern Marianas, and the Trust                  (Tide III of the Marine Protection,               Federal preacquisition funds to establish
                   Territories of the Pacific Islands, and           Research and Sanctuaries Act. as                  and implement a site selection process
                   American Samoa (see 16 U.S.C. 1454(4)).           amended, 16 U.S.C. 1431-1434), also               which is approved by NOAA.
                     (d) "Estuary" means that part of a              administered by NOAA. Title III                     (b) In Addition to the requirements set
                   river or stream or body of water having           authorizes the Secretary of Commerce to           forth in Subpart F, a request for Federal
                   unimpaired connection with the open               designate ocean waters as marine                  funds for site selection must contain the
                   sea, where the sea water is measurably            sanctuaries to protect or restore such            following programmatic information:
                   diluted with fresh water derived from             areas for their conservation.
                   land drainage. The term also includes             recreational, ecological, or esthetic               (1) A description of the proposed site
                                                                     values. National marine and estuarine             selection process and how it will be
                   estuary-type areas of the Great Lakes,                                                                plemented in conformance with the
                   see 16 U.S.C. 1454(7).                            sanctuaries will not overlap. thoitgh they        im
                     (e) "National Estuarine Sanctuary"              may be adjacent.                                  biogeographic classification scheme and
                   means and area, which may include all                                                               typology (ï¿½ 921.3);
                   or the key land and water portion of an           Subpart B-Preacquisition: Site                      (2) An identification of the site
                                                                     Selection and Management Plan                     selection agency and the potential
                   estuary, and adjacent transitional areas          Development                                       management agency; and
                   and uplands, constituting to the extent                                                               (3) A description of how public
                   feasible a natural unit. set asides as a          ï¿½921.10 General.                                  participation Will be incorporated into
                   natural field laboratory to provide long-           (a) A state may apply for a                     the process (see ï¿½ 921.11(d)).
                   term opportunities for research.                  preacquisition award for the purpose of             (c) As part of the site selection
                   educational, and interpretation on the            site selection and preparation of                 process, the state and NOAA shall
                   ecological relationships within the area          documents specified in ï¿½ 923-12 (draft            evaluate and select the final site(s).
                   (see 16 U.S.C. 1454(8)).
                              1                                      management plan and environmental                 NOAA has final authority in approving
                   ï¿½ 921.3 National Estuarine Sanctuary              impact statement (EIS)). The total                such sites. Site selection shall be guided
                   Biogeographic Classification Scheme and           Federal share of the preacquisition               by the following principles:
                   Estuarine Typollogies.                            awari may not exceed $50,000. of which              (1) The -site's benefit to the National
                     (a) National estuarine sanctuaries are          up to sio,ooo may be used for site                Estuarine Sanctuary Program relative to
                   chosen to reflect regional differences            selection as described in J 921.11.               the biogeographic classification scheme









                                                                                                         -1
       26512         Federal Register / Vol. 49, No. 125 / Wednesday, June 77, 1984 / Rules and Regulations

       and typology set forth in ï¿½ 921.3 and              ï¿½ 921.12 Management Plan development.                Note.-Inforniation on preparing a
       Appendices 1 and 2;                                  (a) After the selected site is approved          preliminary engineering report (PER) is
         (2) The site's ecological                        by NOAA and the state, the state may               provided in "Engineering and Construction
       characteristics, including its biological          request the remainder of the                       Guidelines for Coastal Energy Impact
                                                                                                             Program Applicants" (42 FR 64830 11977)),
       productivity, diversity of flora and               preacquisition funds to develop the draft          which is supplied to award recipients;
       fauna, and capacity to attract a broad             management plan and environmental
       range of research and educational                  impact statement. The request must be                (7) An acquisition plan identifying the
       interests. The proposed site should, to            accompanied by the information                     ecologically key land and water areas of
                                                                                                             I           drN
       the maximum extent possible, be a                  specified in Subpart F and the following           the sanctu y, priority acquisitions, and
       natural system;                                    programmatic information:                          strategies for acquiring these areas. This
                                                            (1) An analysis of the site based on             plan should identify ownership patterns
         (3) Assurance that the site's                                                                       w
       boundaries encompass an adequate                   the biogeographic scherne/typology                   ithin the pr.)po-ed sanctuary
                                                          discussed in ï¿½ 921.3 and seCf@rth in               boundaries: land already in the public
       portion of the key land and water areas            Appendices 1 and 2:                                domain; an estimate of t    Ihe fair market
       of the natural system to approximate an              (2) A description of the site and its            value o' land to be. acquired; the method
       ecological unit and to ensure effective            major resources, including location,               of ac u:sition, or the feasible
       conservation. Boundary size will vary                                                                      R
                                                          proposed boundaries, and adjacent              land alter atives (including less-than-fee
       greatly depending on the nature of the             uses. Maps, including aerial                       techniques) for the protection of the
       ecosystem. National estuarine                      photographs', are required;                        estwirine area; a schedule for
       sanctuaries may include existing                     (3) A description of the public                  acquisition with an estimate of the time
       Federal or state lands already in a                participation process used by the state            required to complete the proposed
       protected status where mutual bpnefit              to r Ji'cit the views of interested parties,       sanctuary; and a discussion of anN
       can be enhanced, see ï¿½ 921.51(e)(2).               a s,,.. @marv of comments, and. if                 anticipated problems:
       Importantly, however, NOAA will not                            'i                                                                                                      I
                                                          interstate issues are involved,                      Note.-As discussed in ï¿½ 921.11(c)(3). if
       approve a site for potential sanctuary             documentation that the Governor(s) of              protected lands are to be included within the
       status that is dependent upon the                  the other affected state(s) has been               proposed sanctuary, the state must
       inclusion of currently protected Federal           contacted;                                         demonstrate to NCIAA that the site meets the
       lands in order to meet the requirements              (4) A list of all sites considered and a         criteria for national estuarine sanctuary
                                                                                                             status independent of the inclusion of such
       for sanctuary status (such as key land             brief statement of the basis for not               protected lands.
       and water areas). Such lands may only              selecting the non-preferred sites; and
       be included within a sanctuary to serve              (5) A draft management pian outline                (8) A resource protection plan
       as a buffer or for other ancillary                 (see subsection (b) below) and an                  detailing applicable authorities,
       purposes:                                          outline of a draft memorandum of                   including allowable uses, uses requiring
         (4) The site's importance for research,          understanding (MOU) between the state              a permit and permit requirements, any
       including proximity to existing research           and NOAA detailing the Federal-state               restrictions on use of the sanctuary, and
       facilities and educational institutions:           roles in sanctuarv manaaement during               a strategy for sanctuary surveillance
       Zmment: NOAA is developing more                    the period of federal funding and                  and enforcement of such use
       detailed criteria for selecting potential          expressing the state's long-term                   restrictions, including appropriate
       national estuarine sanctuaries based               commitment to operate and manage the               government enforcement agencies;
       upon research charaz:teristics. Once               sancturay.                                           (9) If applicable, a restoration plan
       these criteria are developed, a notice of            (b) After NOAA approves the state's              describing those portions of the site that
       their availability will be published in the        request to use the remaining                       may require habitat modification to
       Federal Register).                                 preacquisition. funds, the state shall             restore natural conditions; and
         (5) The site's compatibility with                begin developing a draft management                  (10) A proposed memorandum of
       existing and potential land and water              plan. The plan will set out in detail:             understanding (MOU) between the state
       uses in contiguous areas; and                        (1) Sanctuary goals and objectives,              and NOAA regarding the Federal-state
         (6) The site's importance to education           management issues, and strategies or               relationship during the establishment
       and interpretive efforts. consistent with          actions for meeting the goals and                  and development of the national
       the need for continued protection of the           objectives;                                        estuarine sanctuary, and expressing the
       natural sysicm.                                      (2) An administrative section                    long-tem commitment by the state to
                                                          including staff roles in administration,           maintain effectively the sanctuary after
         (d) Early in the site selection process,         research, education/ interpretation, and           Federal financial assistance ends. In
       the state must seek the view's of affected         surveillance and enforcement.                      conjunction with the MOU and where
       landowners, local governments, other                 (3) A research plan, including a                 possible under state law, the state will
       state and Federal agencies, and other              monitoring design;                                 consider taking appropriate
       parties who are interested in the area(s)            (4) An interpretive plan (including              administrative or legislative action to
       being considerud for selection as a                interpretive.- educational and                     ensure the long-term protection of the
       potential national estuarine sanctuary.            recreational activities);                          sanctuary. The MOU shall be signed
       After the local government and affected              (5) A plan for public access. to the             prior to sanctuary designation. If other
       landowners have been contacted, at                 sancti:ary;                                        MOUs are necessary (such as with a
       least one public meeting shall be held in            (6) A construction plan, including a             federal agency or another state agency),
       the area of the proposed site. Notice of           proposed construction schedule, and                drafts of such MOUs also must be
       such a meeting, including the time,                drawings of proposed developments. If a            included in the plan.
       place, and relevant subject matter, shall          visitor center, research center or any               (c) Regarding the preparation of an
       be announced by the state through the              other facilities are proposed for                  environmental impact statement (EIS)
       area's principal news media at least 15            construction or renovation at the site, a          under the National Environmental Polic
       days prior to the date of the meeting and          preliminary engineering report must be             Act on a national estuarine sanctuary
       by NOAA in the Federal Register.                   prepared:                                          proposal, the state shall provide all






                             Federal Register / Vol. 49,             No. 125 / Wednesday, June 27. 1984 / Rules and Regulations                                      26513

               necessary information to NOAA                         ï¿½ 921.21 Initial acquisition and                        Title to the property conveyed by this deed
               concerning the socioeconomic and                      development awards.                                  shall vest in the Irecipient of the CZMA
               environmental impacts associated with                  (a) Assistance is provided to aid the               Section 315 award or other Federally-
                                                                                                                          approved entity] subject to the condition that
               implementing the draft management                     recipient in: (1) Acquiring land and                 the property shall remain part of the
               plan and feasible alternatives to he                  water areas to be included in the                    Federally-designated [name of National
               plan. Based on this information, NOAA                 sanctuary boundaries; (2) minor                      Estuarine Sanctuary]. In the event that the
               will prepare the draft EIS.                           construction, as provided in paragraphs              property is no longer included as part of the
                 (d) Early in the development of the                 (b) and [c) of this sectionz (3) preparing           sanctuary, or if the sanctuary designation of
               draft management plan and Ile draft                   the final management plan; and (4) up to             which it is part i, withdrawn, then the
               EIS. the state shall hold a meeting in the            the point of sanctuary designation, for              National 0,:vanic and Atmospheric
               area or areas most affected to solicit                initial management costs, e.g.,                      Administra,ion or its successor agency, in
               public and government comments on the                 implementing the NOAA approved draft                 conjunction with the State, may exercise any
                                                                                                                          of the following rights regarding the
               significant issues related to the                     management plan, preparing the final                 disposition of the property:
               proposed action. NOAA will publish a                  management plan, hiring a sanctuary                     (i) The recipient may be required to
               notice of the meeting in the Federal                  manager and other staff as necessary,                transfer title to the Federal Government. In
               Register and in local media.                          and for other management-related                     such cases, the recipient shall be entitled to
                 (e) NOAA will publish a Federal                     activities. Application procedures are               compensation computed by applying the
                                                                     specified in Subpart F.                              recipient's percentage of participation in the
               Register notice of intent to prepar           a         (b) The expenditure of Federal and                 cost of the program or project to the current
               DEIS. After the draft EIS is prepa            d       state funds on major construction                    fair market value of 'he property; or
               and filed with the Environmental                                                                              (ii) At the discretion of the Federal
                                                                     activities is not allowed during the
               Protection Agency (EPA), a Notice of                                                                       Government. (a) the recipient may either be
               t.Vit'lability of the DEIS will appear in             initial acquisition and development                  directed to sell the Droperty and pay the
               the Federal Register. Not less than 30                phase. Tile preparation of architectural             Federal Governmen't an amount computed by
               days after publication of the notice,                 and engineering plans, including                     applying the Federal percentage of
               NOAA will hold at least one public                    specifications, for any proposed                     participation in the cost of the original project
                                                                     construction is permitted. In addition,              to the proceeds from the sale (minus actual
               hearing in the area or areas most                     minor construction activities, consistent            and reasonable selling and fix-up expenses. if
               affected by the proposed sanctuary. The               with paragraph (c) of this section also              any, from the sale proceeds); or (b) the
               hearing will be held no sooner than 15                                                                     recipient may be permitted to retain title after
                                                                     are allowed. The NOAA-approved draft                 paying the Federal Government an amount
               days after appropriate notice by NOAA                 management plan must, however,                       computed by applying the Federal percentage
               of.the meeting has been given in the                  inr@ude a construction plan and a public             of participation in the cost of the original
               principal news media and in the Federal               access plan before any award funds can               project to the current fair market value of the
               Register. After a 45-day comment                      be spent on construction a     ctivities.            property.
               period, a final EIS is prepared b@                      (c) Only minor construction activities                Note.-Fair market value of the property
               NOAA.                                                 that aid in implementing portions of the             must be determined by an independent
                                                                     management plan (such as boat ramps                  appraiser and certified by a responsible
               Subpart C-Acquisition, Development,                   and nature trails) are permitted under               official of the state, as provided by OMB
               and Preparation of the Final                          the initial acquisition and development              Circular A-102 Revised, Attachment F.
               Management Plan                                       award. No more than five (5) percent of                 (f) Prior to submitting the final
               ï¿½ 921.20 General.                                     the initial acquisition and development              management plan to NOAA for review
                 After NOAA approval of the site, the                award may be expended on such                        and approval, the state should hold a
               draft management plan and the draft                   facilities. NOAA must make a specific                public meeting in the area affected by
               NIOU, and completion of the final EIS. a              determination, based on the final EIS,               the estuarine sanctuary. NOAA will
               state is eligible for an acquisition and              that the construction activity will not be           publish a notice of the meeting in the
                                                                     detrimental to the environment.                      Federal Register and in the local media.
               development award to acquire land and                   (d) Except as specifically provided in                                            I
               water areas for inclusion in the                      paragraphs (a)-(c) of this section,                  Subpart D-Sanctuary Designation and
               sanctuary and to construct research and
               educational facilities in accordance with             construction projects, to be funded in               Subsequent Operation
               the draft management plan. The                        whole oi in part under the acquisition               ï¿½ 92130 Designation of National Estuarine
                                                                     and development award, may not be                    Sanctuaries.
               acquisition and development award has                 initiated until the sanctuary receives
               two phases. In the initial phase, state               formal designation, see ï¿½ 921.30.                       (a) The AA shall designate an area as
               performance should work to meet the                                                                        a national estuarine sanctuary pursuant
               criteria required for formal sanctuary                  Note.-The intent of these requirements             to Section 315 of the Act, based upon
               designation, i.e., acquiring the*key land             and the phasing of the acquisition and               written findings that the state has met
               and water areas as specified in the draft             development award is to ensure that                  the following conditions:
                                                                      ubstantial progress in acquiring the key land          (1) A final management plan has been
               management plan and preparing the                     and waters areas has been made and that a
               final plan. These requirements are                    final management plan is completed before            approved by NOAA;
               specified in ï¿½ 921.30. The initial                    major sums are spent on construction. Once              (2) Sanctuary construction and access
               acquisition and development phase is                  substantial progress in acquisition has bee.         policies, ï¿½ 921.21(b)-(d), have been
               expected to last no longer than two                   made, as defined by the state in the                 followed;
               years after the start of the award. If                management plan, other activities guided by             (3) Key land and water areas of the
               necessary, a longer time period may be                the final management plan may begin with             proposed sanctuary, as identified in the
               negotiated between the state and                      NOAA's approval,                                     management plan, are under state
               NOAA. After the sanctuary is                            (e) Deeds for real property acquired               control; and
               designated, funds may be used to                      for the sanctuary under acquisition                     (4) An MOU between the state and
               acquire any remaining land and for                    funding shall contain substantially the              NOAA ensuring a long-term
               construction purposes.                                following provision:                                 commitment by the state to the






      26514        Federal Register / Vol. 49,         No. 125 / Wednesday, June 27, 1984 / Rules and Regulations

      sanctuary's effective operation and              not listed in the management plan or             will trigger a full-scale management
      implementation has been signed.                  final EIS require public notice and the          audit with a site-visit. On a periodic
        (b) A notice of designation of a               opportunity for commient; in certain             basis, NOAA will also conduct a full-
      national estuarine sanctuary will be             cases, an environmental assessment               scale Section 312 evaluation with a site
      placed in the Federal Register and in the        may be required. Where public notice is          visit and public meeting.
      local media.                                     required, NOAA will place a notice in            ï¿½ 921.35 Withdrawal of designation.
        (c) The term "state control" in                the Federal Register of any proposed
        921.30(a)(3) does not necessarily              changes in sanctuary boundaries or                 (a) Upon a finding by the Program
      require that the land be owned by the            proposed major changes to the final              Office through its programmatic
      state in fee simple. Less-than-fee               management plan and ensure that a                evaluation (ï¿½ 921.341, that a national
      interests and regulatory measures may            notice is published in the local media.          estuarine sanctuary is not meeting the
      suffice where the state makes a showing            (b) As discussed in ï¿½ 921.10(b), a state       mandate of Section 315 of the Act, the
      that the lands are adequately controlled         may choose to develop a multiple-site            national Program goals or the policies
      consistent with the purposes of the              national estuarine sanctuary after the           established in the management plan,
      sanctuary.                                       initial acquisition and development              NOAA will provide the state with a
      ï¿½ 921.31 Supplemental acquisition and            award for a single site has been made.           written notice of the deficiency. Such a
      development awards.                              Public notice of the proposed addition in        notice will explain the deficiencies in
                                                       the Federal Register and local media,            the state's approach, propose a solution
        After sanctuary designation, and as            and the opportunity for comment, in              or solutions to the deficiency and
      specified in the approved management             addition to the preparation of either an         provide a schedule by which the state
      plan, the state may request a                    environmental assessment or                      should remedy the deficiency. The state
      supplemental acquisition and                     environment impact statement on the              shall also be advised in writing that it
      development award for construction and           proposal will be required. An                    may coniment on the Program Office's
      a.,.-.quiring any remaining land.                environmental impact statement. if               finding of a deficiency and meet with
      Application procedures are specified in          required, will be prepared in accordance         Program officials to discuss the finding
      Subpart F. Land acquisition must follow          with section 921.12 and will also include        and seek to remedy the deficiency.
      the procedures specified in ï¿½ 921.21(e).         an administrative framework for the                (b) If the issues cannot be resolved
      ï¿½ 921.32 Operation and management:               multiple-site sanctuary that describes           within a reasonable time. the Program
      Implementation of the Management plan.           the complementary research and                   Office will make recommendation
        (a) After the sanctuary is formally            educational programs within the                  regarding withdrawal of designation to
      designated, the state may apply for              sanctuary. If NOAA determines, based             the AA. A notice of intent to withdraw
      assistance to provide for operation and          on the scope of the project and the              designation, with an opportunity for
      .management. The purpose of this phase           issues associated with the additional            comment, will be placed in the Federal
      in the national estuarine sanctuary              site, that an environmental assessment           Register.
      process is to implement the approved             is sufficient to establish a mulitple-site         (c) The state shall be provided the
      final management plan and to take the            sanctuary, then the state shall develop a        opportunity for an informal hearing
      necessary steps to ensure the continued          revised management plan as described             before the AA to consider the Program
      effective operation of the sanctuary             in ï¿½ 921.12(b). The revised management           Office's recommendation and finding of
      after direct Federal support is                  plan will address the sanctuary-wide             deficiency, as well as the state's
      concluded.                                       goals and objectives and the additional          comments on and response to the
        (b) Federal funds of up to $250,000, to        component's relationship to the original         recommendation and finding.
      be matched by the state, are available           site.                                              (d) Within 30 day after the informal
      for the operation and management of the          ï¿½ 921.34 Program evaluation.                     hearing, the AA shall issue a written
      national estuarine sanctuary. Operation            (a) Performance during the term of the         decision regarding the sanctuary. If a
      and management awards are subject to             operation and management award (or               decision is made to withdraw sanctuary
      the following limitations:                       under the initial acquisition and                designation,'the procedures specified
        (1) No more than $50,000 in Federal            development award, if the sanctuary is           inï¿½ 921.21(e) regarding the disposition of
      funds per annual award. and                      not designated within two years) will be         real property acquired with federal
        (2) No more than ten percent of the            evaluated annually by the Program                funds shall be followed.
      total amount (state and Federal shares)          Office and periodically in accordance
      of each operation and management                 with the provisions of Section 312 of the        Subpart E-Research Funds
      award may be used for construction-              Act to deterniine compliance with the
      type activities (i.e., $10,000 maximum           conditions of the award and overall              ï¿½ 921.40 General.
      per year).                                       progress in iriiplementing the                     (a) To stimulate high quality research
      ï¿½ 921.33 Boundary changes, amendments            management plan.                                 within designated national estuarine
      to the Management Plan, and addition of            (b) To ensure effective sanctuary              sanctuaries, NOAA may find research
      multiple-site components.                        oversight after the major federal funding        on a competitive basis to sanctuaries
        (a) Changes in sanctuary boundaries            expires. the state is required to submit         having an approval final management
      and major changes to the final                   an annual report on the sanctuary. The           plan. Research funds are intended to
      management plaxi. including state laws           report should detail program successes           support significant research projects
      or regulations promulgated specifically          and accomplishments in meeting the               that will lead to enhanced scientific
      for the sanctuary, may be made only              policies and activities described in the         understanding of the sanctuary
      after written approval by NOAA. If               sanctuary management plan. A work                environment, improved coastal
      determined to be necessary, NOAA may             plan, detailing the projects to be               decisionmaking, improved sanctuary
      require public notice including notice in        undertaken the next year to meet the             management, or enhanced public
      the Federal Register and an opportunity          Program goals and the state's role in            appreciation and understanding of the
      for comment. Changes in the boundary             ongoing sanctuary programs, should also          sanctuary ecosystem. Research
      involving the acquisition of properties          be included. Inadequate annual reports .         opportunities will be identified in final







                             Federal Register          Vol. 49, No. 125 / Wednescjay, June 27, 1984 / Rules and Regulations                                            26515
                                                                                                                                             0

               management plans for national                         (3) Research quality (i.e., soundness of          applications must contain back up data
               estuarine sanctuaries. Research funds               approach, environmental consequences,               for budget estimates (Federal and non-
               will be used to fill obvious voids in               experience relatE:d to methodologies);              Federal shares), and evidence that the
               available data, as well as to support                 (4) Importance to the National                    application complies with thp Executive
               creative or innovative projects.                    Estuarine Sanctuary Program:                        Order 12372, "Intergovernmental Revi.,w
                  (b) Research funds are provided in                 (5) Budget and Institutional                      of Federal Programs." In addition.
               addition to any funds available to the              Capabilities (i.e., reasonableness              of  applications for acquisition and
               state under the operation and                       budget, sufficiency of logistical support);         development awards must contain:
               management or acquisition and                       and                                                    (1) Stdte Historic Preservation Office
               development awards, Research funds                    (6) In addition, in the case of long-             comments,
               must be matched by the state, consistent            term monitoring projects, the ability of               ('41) Appraisals and title information;
               with ï¿½ 921.51(e)(iii) ("allowable costs").          the state or the reiearch grant recipient              (3) Governor's letter approving the
               Individual states may apply for funding             to support the grant beyond this initial            sanctuary proposal; and
               for more than one research project per              funding.                                               (4) Written approval from NOAA of
               sanctuary-                                          Subpart F-General Financial                         the draft or final management plan.
               ï¿½ 921.41 Categories of potential research           Assistance Provisions                               The Standard Form 424 has been
               project; evaluation criteria.                                                                           approved by the Office of Management
                  (a) While research funds may be used               921.50 Application Information.                   and Budget (Approval number 064&-
               to start-up long-term projects, they are              (a) The maximum total Federal                     0121) for use through September 30,
               not intended as a source of continuing              funding per sanctuary is $3,000,000 for             1986.
               funding for a particular project over               the preacquisition, acquisition-and                 ï¿½ 921.51 Allowable costs.
               time. Emphasis will be placed on                    development, and operation and                         (a) Allowable costs will be
               projects that are also of benefit to other          management awards. The research
                                                                   funding under ï¿½ 921.40 is excluded from             determined in accordance with OMB
               sanctuaries in the system. Proposals for            this total.                                         Circulars A-102, "Uniform
               research under the following categories               (b) Only a state Governor, or his/her             Administrative Requirements for
               will be considered:                                 designated state agency, may apply for              Grants-in-Aid to State and Local
                  (1) Establishing a Data Base and                 national estuarine sanctuary financial              Governments", and A-87, "Principles for
               Monitoring Program (e.g., studies related           assistance awards. If a state is                    Determining Costs Applicable to Grants
               to gathering and interpreting baseline              participating in the national Coastal               and Contracts with State, Local, and
               information on the estuary. Funds are               Zone Management Progam, the recipient               Federally Recognized Indian Tribal
               available to establish a data base and              of an award under Section 315 of the                Governments"; the financial assistance
               monitoring system; however, the long-               Act shall consult with the state coastal            agreement; these regulations; and other
               term support for such a system must be              man8gement agency @egarding the                     Department of Commerce and NOAA
               carried out as part of overall sanctuary                                                                directives. The term "costs" applies to
               .   lementation);                                   application.                                        both the Federal and non-Federal
               imp                                                   (c) No acquisition and development
                  (2) Estuarine Ecology (e.g., studies of          award may be made by NOAA without                   shares.
               Lne relationships between estuarine                 the approval of the Governor of the                    (b) Costs claimed as charges to the
               species and their environment, studies              state, or his/her designated agency, in             award must be reasonable, beneficial
               of biological populations community                 which the land to be acquired is located.           and necessary for the proper and
               relationships, studies on factors and                 (d) All applications are to be                    efficient administration of the financial
               processes that govern the biological                submitted to: Management and Budget                 assistance award and niust be incurred
               productivity of the estuary);                       Group, Office of Ocean and Coastal                  during the awards period, except as
                  (3) Estuarine Processes (e.g., studies           Resource Management, National Ocean                 provided under preagreement costs,
               on dynamic physical processes that                  Service, National Oceanic and                       subsection (d).
               influence and give the estuary its                  Atmospheric Administration, 3300                       (c) Costs must not be allocable to or
               particular physical characteristics,                Whitehaven St., NW., Washington, D.C.               included as- a cost of any other
               including studies related to climate,               20235.                                              Federally-financed program in either the
               patterns of watershed drainage and                    (e) An original and two copies of the             current or a prior award period.
               freshwater inflow, patterns of water                complete application must be submitted                 (d) Costs incurred prior to the
               circulation within the estuary, and                 at least 120 working days prior to the              effective date of the award
               studies on oceanic or terrestrial factors           proposed beginning of the project. The              (preagreement costs) are allowable only
               that influence the condition of estuarine           Application for Federal Aisistance                  when specifically approved in the
               waters and bottoms);                                Standard Form 424 (Non-construction                 financial assistance agreement. For nor,-
                  (4) Applied Research (e.g., studies              Program) constitutes the formal                     construction awards, costs incurred
               designed to answer specific                         application for preacquisition, operation           more than three months before the
               management questions): and                          and management, and research awards.                award beginning date will not be
                  (51, Socioeconomic Research (e.g.,               The Application for Federal Assistance              approved. For construction and land
               studies on patterns of land use,                    Standard Form 424 (Construction                     acquisition awards, NOAA will evaluate
               sanctuary visitation, archaeological                Program) constitutes the formal                     preagreement costs on a case-by-case
               research).                                          application for land acquisition and                basis.
                  (b) Proposals for research in national           development awards. The application                    (e) General guidelines for the non-
               estuarine sanctuaries will be evaluated             must be accompanied by the                          Federal share are contained in OMB
               in accordance with criteria listed below:           information required in Subpart B                   Circular A-102, Attachment F. The
                  (1) Scientific merits;                           (preacquisition), Subpart C and Section             following may be used by the state in
                  (2) Relevance or importance to                   921.31 (acquisition and development),               satisfying the matching requirement:
               sanctuary management or coastal                     and ï¿½ 921.32 (operation and                            (1) Preacquisition Awards. Cash and
               decisionmaking;                                     management), as applicable. All                     in-kind contributions (value of goods






    26516         Federal Register / Vol. 49,           No. 125 / Wednesday, June 27, 1984 / Rules and Regulations

    and services directly benefiting and                development award. The value in excess               8. East Florida (St. John's River to Cape
    specifically identifiable to this part of           of the amount required as match for the            Canaveral).
    the project) are allowable. Land may not            initial award may be used to match                 West Indian
    be used as match.                                   subsequent supplemental acquisition                  9. Caribbean (Cape Canaveral to Ft.
      (2) Acquisition and Development                   and development awards for the                     Jefferson and south).
    Awards. Cash and in-kind contributions              estuarine sanctuary.                                 10. West Florida (Ft. Jefferson to Cedar
    are allowable In general, the fair market             (3) Operations and Management                    Key).
    value of lands to be included within the            A words; Research Funds. Cash and in-              Louisianian
    sanctuary boundaries and acquired                   kind contributions (directly benefiting              11. Panhandle Coast (Cedar Key to Mobile
    pursuant to the Act, with other than                and specifically identifiable to this              Bay).
    Federal funds, may be used as match.                phase of the project), except land, are              12. Mississippi Delta (Mobile Bay to
    The fair market value of privately                  allowable.                                         Calveston).
    donated land, at the time of donation,         as                                                        13. Western Gulf (Galveston to Mexican
    establishment by an independent                     ï¿½921.52 Amendments to financial                    border).
    appraiser and certified by a responsible            assistance awards.                                 Californian
    official of the State (pursuant to OMB                Actions requiring an amendment to
    Circular A-102 Revised, Attachment F)               the financial assistance award, such as              14. Southern California (Mexican border to
                                                                                                           Point Concepcion).
    may also be used as match. Appraisals               a request for additional Federal funds,              15. Central California (Point Concepcion to
    must be performed according to Federal              revisions of the approved project                  Cape Mendocino).
    appraisal standards as detailed in                  budget, or extension of the performance              16. San Francisco Bay.
    NCAA regulations and the "Unif6rm                   period must be submitted to NOAA on                Columbian
    Appraisal Standards for Federal Land                Standard Form 424 (OMB approved                      17. Middle Pacific (Cape Mendocino to the
    Acquisitions." Costs related to land                number 074&-0121 for use through                   Columbia River).
    acquisition, such as appraisals, legal              September 30,1986) and approved in                   18. Washington Coast (Columbia River to
    fees and surveys, may also be used as               writing.                                           Vancouver Island).
    match. Land, including submerged lands,             Appendix I-Biographic Classificatiun                 19. Puget Sound.
    alreac;% in the state's possession, in a            Scheme                                             Great Lakes
    fully-protected status consistent with
    the purposes of the National Estuarine              Acadian                                              20. Western Lakes (Superior, Michigan,
                                                                                                           Huron).
    Sanctuary Program, may be used as                     1. Northern Gulf of Maine (Eastport to the         21. Eastern Lakes (Ontario, Erie).
    match only if it was acquired within a              Sheepscot River).
    one-year period prior to the award of                 2. Southern Gulf of Maine (Sheepscot River       Fjord
    preacquisition or acquisition funds and             to Cape Cod).                                        22. Southern Alaska (Prince of Wales
    with the intent to establish a national             Virginian                                          island to Cook Inlet).
    estuarine sanctuary. For state lands not                                                                 23. Aleutian Islands (Cook Inlet to Bristol
    in a fully-protected status (e.g.. a state            3. Southern New England (Cape Cod to             Bay).
    park containing an easement for                     Sandy Hook).
    subsurface mineral rights), the value of              4. Middle Atlantic (Sandy Hook to Cape           Sub-Arctic
                                                        Hatteras).                                           24. Northern Alaska (Bristol Bay to
    the development right or foregone value               5. Chesap'eake Bay.                              Damarcation Point).
    may be used as match if acquired by or
    donated to the state for inclusion within           Carolinian                                         Insular
    the sanctuary.                                        6. Northern Carolinas (Cape Hatteras to            25. Hawaiian Islands.
      A state may initially use as match                Santee River).                                       26. Western Pacific Island.
    land valued at greater than the Federal               7. South Atlantic (Santee River to St. John's      27. Eastern Pacific Island.
    share of the acquisition and                        River).                                            BILUNG CODE 3510-0"



















                          .. ... ...... .




                    RTIC          2
               SUB. !3TP

                               'FJORD
                          :023
                                      18.    19
                                                                                            20
                           COLUMBIfIN                                                    GRL)@-T LAKES
                                                                                                   21
                                   1.7


                                        16                                                           5




                         CALIFORNIAN

                                         4..







                                                                                  12@:



                26
                                                                                 LOUISIANIAN
                                                                                                      IM
                                                                                                  10



                      INSULAR

                 27


                                          Figure 1. Biogeographic Regions of the United States.





       26518         Federal Register / Vol. 49, No. 125 / Wednesday, June 27, 1984 / Rules and Regulations

       Appendix 2-Typology of National                         2. Southeast Areas: Floral dominants                 B. Coastal Swamps: These are wet lowland
       Estuarine Areas                                      include Myrica, Bacchoris, and llex.                 areas that support mosses and shrubs
                                                               3. Western Areas: Adenostoma,                     together with large trees such as cypress or
         This typology system reflects significant          Arcotyphylos, and Euco4ptus are the                  gum.
       differences in estuarine characteristics that        dominant floral species,                                C. Coastal Mangroves: This ecosystem
       are not necessarily related to regional                 C. Coastal Grasslands: This area, which           experiences regular flooding on either a daily,
       location. The purpose of this type of                possesses sand dunes and coastal flats, has          monthly, or seasonal basis, has low wave
       classification is to maximize ecosystem              low rainfall (10 to 30 inches per year) and          action, and is dominated by variety of salt-
       variety in the selection of national estuarine       large amounts of humus in the soil. Ecological       tolerant trees. such as the red mangrove
       sanctuaries. Priority will be given to               succession is slow, resulting in the presence        (Rhizophora mangle), black mangrove
       important ecosystem type as yet                      of a number of seral stages of community             (Avicennia nitida), and the white mangrove
       unrepresented in the sanctuary system. It            development. Dominant vegetation includes            (Lagunculoria racemosa). It is also an
       should be noted that any one site may                mid-grasses (2 to 4 feet tall), such as              important habitat for large populations of
       represent several ecosystem types or                 Ammophila, Agropyron, and Colamovilfa, tall          fish, invertebrates, and birds. This type of
       physical characteristics.                            grasses (5 to 8 feet tall), such as Spartina, and    ecosystem can be found from central Florida
       Class I-Ecosystem Types                              trees such as the willow (Salix sp.), cherry         to extreme south Texas to the islands of the
                                                            (Prunus sp.), and cottonwood (Populus                Western Pacific.
       Group I-Shorelands                                   deltoides). This area is divided into four              D. Intertidal Beaches: This ecosystem has
         A. Maritime Forest-Woodland., This type of         regions with the following typical strand            a distinct biota of microscopic animals,
       ecosystem consists of single-stemmed species         vegetation:                                          bacteria, and unicelluar algae along with
       that have developed under the influence of              1. Arctic/Boreal: Elymus;
       salt spray. It can be found on coastal uplands          2. Northeast/West: Ammophila;                     macroscopic crustaceans, mollusks, and
       or recent'features, such as barrier islands arid        3. Southeast/Gulf: Uniola: and                    worms with a detritus-based nutrient cycle.
       beaches, and may be divided into the                    4. Mid-Atlantic/ Gulf: Spartina patens.           This area also includes the driftline
       following biomes:                                       D. Coastal Tundra: This ecosystem, which          communities found at high tide levels on the
         1. Northern Coniferous Forest Biome: This          is found along the Arctic and Boreal coasts of.      beach. The dominant organisms in this
       is an area of predominantly evergeens such           North America, is characterized by low               ecosystem include crustaceans such as the
       as the sitka spruce (Picea). grand fir (Abies),      temperatures, a short growing season, and            mole crab (Emerita), amphipods
       and white cedar (Thujo). with poor                   some pemafrost,producing a low, treeless             (Gammaridae), ghost crabs (Ocypode), and
       development of the shrub and herb layers,            mat community made up of mosses, lichens.            bivalve molluscs such as the coquina (Donax)
       but high annual productivity and pronounced          heath, shrubs, grasses, sedges, rushes, and          and surf clams (Spisula and Mactra).
       seasonal periodicity.                                herbaceous and dwarf woody plants.                      E. Intertidal Mud and Sand Flats: These
         2. Moist Temperate (Mesothermal)                   Common species include arctic/alpine plants          areas are composed of unconsolidated. high
       Coniferous Forest Biome: Found along the             such as Empetrum nigrum and Betulo nano,             organic content sediments that function as a
       west coast of North America from California          the lichens Cetraria and Cladonia, and               short-term storage area for nutrients and
       to Alaska, this area is dominated by conifers.       herbaceous plants such as Potentilla                 organic carbons. Macroph,,tes are nearly
       has a relatively_small seasonal range, high          tridentato and Rubus chamaernorus.                   absent in this ecosystem. a 1'hough it may be
       humidity' with rainfall ranging from 30 to 150       Common -species on the coastal beach ridges          heavily colonized by benthic diatoms, dino-
       inches, and a well-developed understory of           of the high arctic desert include Dryas              flagellates, filamentous blue-green and green
       vegetation with an abundance of mosses and           intergrifolia and Saxifirage oppositifolia.          algae, and chaemosynthetic purple sulfur
       other moisture-tolerant plants.                         This area can be divided into two main            bacteria. This system may support a
         3. Temperate Deciduous Forest Biome: This          subdivisions:                                        considerable population of gastropods,
       biome is characterized by abundant, evenly              1. Low Tundra: characterized by a thick,          bivalves, and polychaetes, and may serve as
       distributed rainfall, moderate temperatures          spongy mat of living and undecayed                   a feeding area for a variety of fish and
       which exhibt a distinct seasonal pattern,            vegetation. often with water and dotted with         wading birds. In sand, the dominant fauna
       well-developed soil biota and herb and shrub         ponds when not frozen: and                           include the wedge shell Donox, the scallop,
       layers, and numerous plants which pFoduce               2. High Tundra: a bare area except for a          Pecten, tellin shells Tellina, the heart urchin
       pulpy fruits and nuts. A distant subdivision of      scanty growth of lichens and grasses, with           Echinocardium, the lug worm Arenicola,
       this biome is the pine edophic forest of the         underlying ice wedges forming raised                 sand dollar Dendraster, and the sea pansy
       southeastern coastal plain, in which only a          polygonal areas.                                     Renilla. In mud, faunal dominants adapted to
       small portion of the area is occupied by                E. Coastal Cliffs: This ecosystem is an           low oxygen levels include the terebellid
       climax vegetation, although it has large areas       important nesting site for many sea and shore        Amphitrite, the boring clam Playdon, the
       covered by edaphic clirnax pines.                    birds. It consists of communities of                 deep sea scallop Placopecten, the quahog
         4. Brocd-lecvedEver,-reen Subtropical              herbaceaous, graminoid. or low woody plants          Mercendria, the echiurid worm Urechis, the
       Forest Biornes: The main characteristic of this      (shrubs, heath. etc.) on the top or along rocky      mud snail Nossarius, and the sea cucumber
       biome is high moisture with less pronounced          faces exposed to salt spray. There is a              Thyone.
       differences between winter and summer.               diversity of plant species including mosses,            F. Intertidal Algal Beds: These are hard
       Examples are the hammocks of Florida and             lichens, liverworts, and "higher" piant              substrates along the marine edge that are
       the live oak forests of the Gulf and South           representatives.                                     dominated by macroscopic algae, usually
       Atlantic coasts. Floral dominants include
       pines, magnolias, bays, hollies, wild                Group 11-Tronsition Areas                            thalloid, but also filamentous or unicellular in
       tamarind, strangler fig, gumbo limbo, and               A. Coastal Marshes: These are wetland             growth form. This also includes the rocky
       palms.                                               areas dominated by grasses (Poacea), sedges          coast tidepools that fall within the intertidal
         B. Coast Shrublands: This is a transitional        (Cyperaceae), rushes (juncaceae), cattails           zone. Dominant fauna of these areas are
       area between the coastal grasslands and              (Typhaceae), and other graminoid species             barnacles. mussels, periwinkles, anemones,
       woodlands and is characterized by woody              and is subject to periodic flooding by either        and chitons. Three regions are apparent:
       species with multiple stems a few centimeters        salt or freshwater. This ecosystem may be               1. Northern Latitude Rocky Shores: It is in
       to several meters above the ground                   subdivided into: (a) tidal, which is                 this region that the community structure is
       developing under the influence of salt spray         periodically flooded by either salt or brackish      best developed. The dominant algal species
       and occasional sand burial. This includes            water; (b) non-tidal (freshwater); or (c) tidal      include Chondrus, at the low tide level, Fucus
       thickets, scrub, scrub savanna, heathlands,          freshwater. These are essential habitats for         and Ascophyllum at the mid-tidal level. and
       and coastal chaparral. There is a great              many important estuarine species of fish and         Laminaria and other kelp-like algae just
       variety of shrublund vegetation exhibiting           invertebrates as well as shorebirds and              beyond the intertidal, although they can be
       regional specificity:                                waterfowl and serves important roles in              exposed at extremely low tides or found in
         1. Northern Areas: Characterized by                shore stabilization. flood control, water            very deep tidepools.
                                                                                                                    2. Southern Latitudes: The communities in
       ;Iudsonia, various erinaceous species, and           purification, and nutrient transport and
       thickets of Myrica, Prunus, and Rosa.                storage.                                             this region are reduced in comparison to






                             Federal Register / Vol. 49,              No. 125 / Wednesddy, June 27, 1984                        Rules and Regulations                   26519

              those of the northern latitudes and possesses           confined waters-abundant marine grasses,                  1. Coastalploins estuary. Where a
              algae consisting mostly of single-celled or             shellfish, and juvenile fish. Water movement          drowned valley consists mainly of a single
              filamentous green, blue-green, and red algae,           is reduced. with the consequent effects of            channel, the form of the basin is fairly
              and small thalloid brown algae.                         pollution being more severe in this area than         regular. forming a simple coastal plains
                 1, Tropical and 5ultropical Latitudes.- The          in exposed coastal areas.                             estuary. When a channel is flooded with
              intertidal in this region is very reduced and             3. Bay., Bays are larger confined bodies of         numerous tributaries, an irregular estuary
              contains numerous calcareous algae such as              water that are open to the sea and receive            results. Many estuaries if the eastern United
              Poroh'thon and Lithothamnion, as well as                strong tidal flow. When stratification is             States are of this type.
              green algae with calcareous particles such as           pronounced, the flushing action is augmented              2. Fjord., Estuaries that form in elongated.
                   nieda. and numerous other green, red,              by river discharge. Bays vary in size and in          steep headlands that alternate with deep U-
              and brown algae.                                        type of shorefront.                                   shaped valleys resulting from glacial scouring
                                                                        4. Emboyment: A confined coastal water              are called fjords. They generally possess
              Group III-Submergpd Bottoms                             body with narrow, restricted inlets and with          rocky floors or very thin veneers of sediment,
                 A. Subtidul Hordbottoms: This system is              a significant freshwater inflow can be                with deposition generally being restricted to
              characterized by a consolidated layer of solid          classified as an embayment. These areas               the head where the main river enters.
              rock or large pieces of rock (neither of biotic         have more restricted inlets than bays. are            Compared to total fjord volume, river
              origin) and is found in associat:.:)n with              usually smaller and shallower, have low tidal         discharge is small. But many fjords have
              geomorphological features such as submarine             action, and are subject to sedim(,,itation. ,,,       restricted tidal ranges at their mouths, due to
              canyons and fjords and is usually covered                 5. Tidal River: The lower reacr. of a coa           sills, or upreaching sections of the bottom
              with assemblages of sponges. sea fans,                  river is referred to as a tidal river, The            which limit free movement of water. often
              bivalves, hard corals, tunicates, and other             coastal water segment extends from the sea            making river flow large with respect to the
              attached organisms. A significant feature of            or estuary into which the river discharges to         tidal prism. The deepest portions are in the
              estuaries in many parts of the world is the             a point as far upstream as there is significant
                 vster reef, a type of subticial hardboltom.          salt content in the water, forming a salt front.      upstream reaches, where maximum depths
              Composed of assemblages of organisms                    A combination of tidal action and freshwater          Can range from 800 m to 1200 in, while sill
              (usually bivalves), it is usually found near an         outflow makes tidal rivers well-flushed. The          depths usually range from 40 in to 150 in.
              estuary's mouth in a zone of moderate wave              tidal river basin may be a simple channel or a            3. Bar-boundedEstuary: These result from
              action, salt content, and turbidity. If light           complex of tributaries, sma !I associated             the development of an offshore barrier, such
              levels are sufficient. a covering of                    embayments, marshfronts, tidal nals, and a            as a beach strand. a line of barrier islands.
              microscopic and attached macroscopic algae,             variety of others.                                    reef formations. a line of moraine debris, or
              such as kelp, may also be found.                          6. Lagoon: Lagoons are confi ned coastal            -the subsiding remnants of a deltaic lobe. The
                 B. Subtidal Softbottoms: Major                       bodies of water with restricted inlets to the         basin is often partially exposed at low tide
              characteristics of this ecosystem are an                sea and without significant freshwater                and is enclosed by a chain of offshore bars or
              unconsolidated layer of fine particles of silt,         inflow. Water circulation is limited. resulting       barrier islands, broken at intervals by inlets.
              sand, clay, and gravel, high hydrogen sulfide           in a poorly flushed, relatively stagnant body         These bars may be either deposited offshore
              levels, and anaerobic conditions often                  of water. Sedimentation is rapid with's great         or may be coastal dunes that have become
              existing below the surface. Macrophytes are             potential for basin shoaling. Shores are often        isolated by recent sea level rises.
              either sparse or absent. although a Is    'ver of       gently sloping and marshy.                                4. Tectonic Estuary: These are coastal
              benthic microalgae may be present if light                7. Perched Coastal Wetlands: Unique to              indentures that have formed through tectonic
              levels are sufficient. The faunal community is          Pacific islands, this wetland type, found             processes such as slippage along a fault line
              domMated by a diverse population of deposit             above sea level in volcanic crater remnants,          (San Francisco Bay), folding, or movement of
              feeders including polychaetes, bivalves, and            forms as a result of poor drainage                    the earth's bedrock. often with a large inflow
              burrowing cruslaceans,                                  characteristics of the crater rather than from        of freshwater.
                 C. Subtidal plants: This system is found in          sedimentation. Floral assemblages exhibit                 5. Volcanic Estuary: These coastal bodies
              relatively shallow water (less than 8 to 10             distinct zonation while the faunal                    of open water, a result of volcanic processes,
              meters) below mean low tide. It is an area of           constituents may include freshwater,                  are depressions or craters that have direct
              extremely high primary production that                  brackish, and/or marine species. Example:             and/or subsurface connections with the
              provides food and refuge for a diversity of             Aunu'u Island, American Samoa.                        ocean and may or may not have surface
              faunal groups. especially juvenile and adult              6. Anchialine Systems: These small coastal          continuity with streams, These formations
              fish, and in some regions, manatees and sea                                                                   are unique to island areas of volcanic origin.
                                                                 .1   exposures of brackish water form in lava
              turtles. Along the North Atlantic and Pacific           depressions or elevated fossil reefs, have                C. Inlet Type: Inlets in various forms are an
              coasts, the seagrass Zostera marina                     only a subsurface connection to the ocean.            integral part of the estuarine environment. as
              predominates. In the South Atlantic and Gulf            but show tidal fluctuations. Differing from           they regulate, to a certain extent, the velocity
              coast areas, Thalossic and Diplonthera                  true estuaries in having no surface continuity        and magnitude of tidal exchange, the degree
              predominate. The grasses in both areas                  with streams or ocean. this system is                 of mixing, and volume of discharge to the sea.
              support a number of epiphytic organisms.                characterized by a distinct biotic community          There are four major types of inlets-
              Class 11-Physical Characteristics                       dominated by benthic algae such as                        1. Unrestricted- An estuary with a wide,
              Group 1-Geologic                                        Rhizoclonium, the mineral encrusting                  unrestricted inlet typically has slow currents.
                                                                      Schizothrix, and the vascular plant Ruppia            no significant turbulence, and receive the full
                 A. Basin Type. Coastal water basins occur            maritima. Characteristic fauna, which exhibit         effect of ocean waves and local disturbances
              in a variety of shapes, sizes. depths, and.             a high degree of endemicity, include the              which serve to modify the shoreline. These
              appearances. The eight basic types discussed            mollusks Theodoxus neglectus and T.                   estuaries are partially mixed. as the open
              below will cover most of the cases:                     cariosus, the small red shrimp Metabetaeus            mouth permits the incursion of marine waters
                 1. Exposed Coast: Solid rock formations or           Johena and Halocaridina rubra, and the fish           to considerable distances upstream.
              heavy sand deposits characterize exposed                Eleotris sandivicensis and Kuhlia                     depending on the tidal amplitude and stream
              ocean shore fronts, which are subject to the            sandvicensus. Although found throughout the           gradient.
              full force of ocean storms. The sand beaches            world, the high islands of the Pacific are the            2. Restricted: Restrictions of estuaries can
              are very resilient, although the dunes lying            only areas within the U.S. where this system          exist in many forms: bars, barrier islands,
              just behind the beaches are fragile and easily          can be found.                                         spits, sills, and more. Re!.tricted inlets result
              damaged. The dunes serve as a sand storage                B. Basin Structure: Estuary basins may              in decreased circulation, more pronounced
              area, making them chief stabilizers of the              result from the drowning of a river valley            longitudinal and vertical salinity gradients,
              ocean sborefront.                                       (coastal plains estuary). the drowning of a           and more rapid sedimentation. However. if
                 2. Sheltered Coast: Sand or coral barriers,          glacial valley (fjord), the occurrence of an          the estuary mouth is restricted by
              built up by natural forces, provide sheltered           offshore barrier (bar-bounded estuary), some          depositional features or land closures, the
              areas insid( a bar or reef where the                    tectonic process (tectonic estuary), or               incoming tide may be held back until it
              ecosystem takes on many characteristics of              volcanic activity (volcanic estuary).                 suddenly breaks forth into the basin as a






              26520         Federal Register / Vol. 49, No. 125 / Wednesday, June 27, 1984 / Rules and Regulations

              tidal wave, or bore. Such currents exert                1. Stratified This is typical of estuaries             2. Subsurface water- This refers to the
              profound effects on the nature of the                 with a strong freshwater influx. and is               precipitation that has been absorbed by the
              substrate, turbidity, and biota of the estuary.       commonly found in bays formed from                    soil and stored below the surface. The
               3. Permanent.- Permanent inlets are usually          "drowned" river valleys. fjords, and other            distribution of subsurface water depends on
              opposite the mouths of major rivers and               deep basins. There is a net movement of               local climate, topography, and the porosity
              permit river water to flow into the sea.              freshwater outward at the top laver and               and permeability of the underlying soils and
              Sedimentation and deposition are minimal.             saltwater at the bottom laver, res'ultiiig in a       rocks, There are two main subtypes of
               4. Temporary (intermittent): Temporary               net outward transport of surface organisms            surface water:
              inlets are formed by storms and frequently            and net inward transport of bottom                       a. Vadose water- This is water in the soil
              shift position, depending on tidal flow, the          organisms.                                            above the water table. Its volume with
              depth of the sea and sound waters, the                  2. Non-stratified.- Estuaries of this type are      respect to the soil, is subject to considerable
              frequency of storms, and the amount of                found where wate, movement is sluggish and
              littoral transport.                                   flushing rate is low, although there may be           fluctuation.
               D. Bottom Composition: The bottom                    sufficient circulation to provide the basis for          b. Groundwater.- This is water contained in
              composition of estuaries attests to the               a high carrying capacity. This is common to           the rocks below the water table, is usually of
              vigorous, rapid. and complex sedimentation            shallow embay-ments and bays lacking a                more uniform volume than vadose water, and
              processes characteristic of most coastal              good supply of freshwater from land                   generally follows the topographic relief of the
              regions with low relief. Sediments are                drainage.                                             land, being high below hills and sloping into
              derived through the hydrologic processes of             3. Lagoonal.- An estuary of this type is            valleys.
              erosion, transport, and deposition carried on         characterized by low rates of water
              by the sea and the stream.                            movement resulting from a lack of signif          ,icant Group X-CheMiCal
               1. Sand Near estuary mouths, where the               freshwater influx and a lack of strong tidal             A. Salinity: This reflects a complex mixture
              predominating forces of the sea build spits or        exchange because of the typically narrow              of salts, the most abundant being sodium
              other depositional features, the shores and           inlet connecting the lagoon to the sea.               chloride, and is a very critical factor in the
              substrates of the estuary are sandy. The              Circulation, whose major driving force is             distribution and maintenance of many
              bottom sediments in this fi%a are usually             wind, is the major limiting factor in biological      estuarine organisms. Based on salinity, there
              coarse. with a graduation toward finer                productivity within lagoons.                          are two basic estuarine types and eight
              particles in the head of the estuary. In the            B. Tides: This is the most important                different salinity zones (expressed in parts
              head region and other zones of reduced flow,          ecological factor in an estuary, as it affects        per thousand-ppt).
              fine silty sands are deposited. Sand                  water exchange and its vertical range                    1. Positive estuary.- This is an estuary in
              deposition occurs only in wider or deeper             determines the extent of tidal flats which            which the freshwater influx is sufficient to
              regions where velocity is reduced.                    may be exposed and submerged with each                maintain mixing, resulting in a pattern of
               2. Mud: At the base level of a stream near           tidal cycle. Tidal action against the volume of       increasing salinity toward the estuary inouth.
              its mouth, the bottom is typically composed           river water discharged into an estuary results        It is characterized by low oxygen
              of loose muds, silt, and organic detritus as a        in a complex system whose properties vary             concentration in the deeper waters and
              result of erosion and transport from the upper        according to estuary structure as well as the         considerable organic content in bottom
              stream reaches and organic decomposition.             magnitude of river flow and tidal range. Tides        sediments.
              Just inside the estuary entrance, the bottom          are usually described in terms of their cycle
              contains considerable quantities of sand and          and their relative heights. In the United                2. Negative estuary.- This is found in
              mud, which support a rich fauna. Mud flats,                                                             .f  particularly and regions, where estuary
              commonly built up in estuarine basins. are            States, tide height is reckoned on the basis o        evaporation may exceed freshwater inflow.
              composed of loose. coarse, and fine mud and           average low tide, which is referred to as
                                                                    datum. The tides, although complex, falls into        resulting irtincreased salinity in the upper
              sand, often dividing the original channel.            three main categories:                                part of the basin, especially if the estuary
               3. Back- Rocks usually occur in areas                  1. Diurnal. This refers to a daily change in        mouth is restricted so that tidal flow is
              where the stream runs rapidly over a steep            water level that can be observed along the            inhibited. These are typically very salty
              gradient with its coarse materials being
              derived from the higher elevations where the          shoreline. There is one high tide and one low         (hyperhaline), moderately oxygenated at
              stream slope is greater. The larger fragments         tide per day.                                         depth. and possess bottom sediments that are
              are usually found'in shallow areas near the             2. Semidiurnal. This refers to a twice daily        poor in organic content.
              stream mouth.                                         rise and fall in water that can be observed              3. Salinity zones (expressed in ppt).-
               4. Oyster shell: Throughout a major portion          along the shoreline.                                     a. Hyperhaliae-grea ter than 4C ppL
              of the world, the oyster reef is one' of the            3. Wind/Storm Tides: This refers to                    b. Euhaline--40 ppt to 30 ppt.
              most significant feawes of estuaries. usually         fluctuations in water elevation to wind and              c. Mixoholine.- 30 pptto 0.5 ppL
              being found near the mouth of the estuary in          storm events, where influence of lunar tides             (1) Mixoeuhaline--greater than 30 ppt but
              a zone of moderate wave action, salt content          is less.                                              less than the adjacent euhaline sea.
              and turbidity. It is often a major factor in            C. Freshwater According to nearly all the              (2) Polyhaline-30 ppt to 18 ppt
              modifying estuarine current systems and               definitions advanced, it is inherent that all            (3) Mesohaline-16 ppt to 5 ppL
              sedimentation, and may occur as an                    estuaries need freshwater, which is drained              (4) Oligohaline--5 ppt to 0.5 ppL
              elongated island or peninsula oriented across         from the land and measurably dilutes                     d. Limnetic.- Less than 0.5 ppt.
              the main current, or may develop parallel to          seawater to create a brackish condition.                 B. pH Regime. This is indicative of the
              the direction of the current.                         Freshwater enters an estuary as runoff from           mineral richness of estuarine waters and fall
                                                                    the land either from a surface and/or                 into three main categories:
              Group 11-Hyd-graphic                                  subsurface source.                                       1. Acid.- Waters with a pH of less than 5.5.
               A. Cirrulation: Circulation patterns are the           1. Surface water This is water flowing over            2. Circumneutral. A condition where the
              result of the combined influences of                  the ground in the form of streams. Local              PH ranges from 5.5 to 7.4.
              freshwater flow, tidal action, wind and               variation in runoff is dependent upon the                3. Alkaline: Waters with a PH greater than
              oceanic forces, and serve many functions:             nature of the soil (porosity and solubility).         7.4.
              nutrient transport, plankton dispersal,               degree of surface slope, vegetational type and
              ecosystem flushing, salinity control, water           development, local climatic conditions, and           [FR Doc. W18941 Filed 6-25-44; 8:45 am]
              mixing, and more.                                     volume and intensity of precipitation.                81WHQ C01K 3SIO-0"




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