Waquoit Bay National Estuarine Research Reserve management plan

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

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.

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.

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.

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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

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.

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.

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.

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.

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

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.

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.

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.

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.

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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.

Master Plan
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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.

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.

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.

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.

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.

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.

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.

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.

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.

-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.

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.

-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.

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.)

7";

Pend j(@
4'

Squoit VOW

T A
o
19@ 10

ZO
Ubb 0O'@
In
,dc

f
Ver

Ir
Pe.d

ecOnso

7L -- IV

do 7"
m ."S H"
@J
EW Pond
SrLot
P
L 15
lie SoOt" act% fNEYARD
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

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.

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

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.
� Cataloging and disseminating information.
� 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.

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.

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.

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.

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

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

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.

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

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

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.

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.

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

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.

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Reserve Boundary

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scale in feet Areas Restricted in Mashpee

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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.

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.

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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

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)

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.

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.

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.

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.

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.

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

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

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

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

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.

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.

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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

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

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

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

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

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

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).

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.

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.

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.

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.

(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,

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.

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)

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-

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.

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.

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, �40.

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

(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 � 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
(� 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
(� 921.21)
I
v
Final Management Plan
Approved by NUAA;
Other Findings
(� 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 (� 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 � 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 � 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 (� 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 (� 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 �� 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 �� 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 � 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 � 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 � � 921.11(d) and 921.12(a)(3)). Federal regulations (at � 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 � 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 � 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 � 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 � 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 � 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 � 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 � 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 � 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 � 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
� 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 � 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 � 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 � 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 � 921.35(e)(i) [now limits were particularly confusing. The regulations are not major because they
� 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 � 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
� 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 � 921.11(c)(3)). (c) The typology system is presented be evaluated separately under
� 921.2 Definitions. in Appendix 2. � 921.11(c) as part of the siteselection
process. A state may propose to
(a) "Act" means the Coastal Zone � 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 � 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 � 921.32(b)).
includes Puerto Rico, the Virgin Islands. conducted in close coordination with the � 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 (� 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 �921.10 General. participation Will be incorporated into
natural field laboratory to provide long- (a) A state may apply for a the process (see � 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 � 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
� 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 � 921.3 and � 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 � 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 � 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 � 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 � 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
� 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 � 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 � 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 � 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, � 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 � 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 (� 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 � 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
� 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 � 921.21(e). an administrative framework for the (b) If the issues cannot be resolved
� 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 � 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 � 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 in� 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 � 921.40 General.
per year). progress in iriiplementing the (a) To stimulate high quality research
� 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 � 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.
� 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 � 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 � 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 � 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 �921.52 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

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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