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




        1992-1993
        Biennial Report to Congress
        on the Administration
        of the Coastal Zone Management Act
        VolumeIl
        April 1994



















                                                                                                        








                                                                                              








          HT
          392
          U558
		v2
      FY 1992/93
          1994
 





                                   
                                                  UNITED STATES DEPARTMENT OF COMMERCE
                                                  The Under Secretary for
                                                  Oceans and Atmosphere
                                                  Washington, D.C. 20230





                                                   March 1, 1994









           The President
           President of the Senate
         Speaker of the House of Representatives

           Sirs:

                I am pleased to submit the Biennial Report of the Office of
           Ocean and Coastal Resource Management, National Ocean service,
           National Oceanic and Atmospheric Administration, pursuant to
           Section 316 of the Coastal Zone Management Act of 1972, as
           amended (16 U.S.C. 1451, et seq.) for Fiscal Years 1992 and 1993.
           The report discusses the progress made during these years in
           administering the coastal zone management and estuarine research
           reserve programs and the challenges encountered.

                                                Sincerely,





                                                D. James Baker





    



    


















                                                                              
      

                          LIBRARY                                                                                                                            
                         NOAA/CCEH
                      1990 HOBSON AVE.                     THE ADMINISTRATOR
                     (CHAS- SC 29408-2623
 











                            The Biennial Report to Congress is a status report on implementa-
                    tion of the national Coastal Zone Management Program (CZM) and Na-
                    tional Estuarine Research Reserve System (NERRS) under the Coastal
                    Zone Management Act of 1972 (CZMA). Covered in the report are the
                    major accomplishments in program administration, particularly in imple-
                    menting the Coastal Zone Act Reauthorization Amendments of 1990, and
                    problems encountered for the two preceding years. The CZMA requires
                    that the National Oceanic and Atmospheric Administration submit this
                    report to Congress no later than April 1. Reporting requirements are set
                    forth in Section 316 of the CZMA.


                            The first of the report's two volumes is a national overview of
                    programs under the CZMA and highlights efforts in implementing the
                    programs for the preceding fiscal years. It will give a brief history of the
                    Coastal Zone Management Program and National Estuarine Research                      CA
                    Reserve System and NOAA:s vision for the future of both programs.
                    Volume I also identifies NOANs interest through the CZMA in other
                    environmental programs legislated and authorized by Congress, several of
                    which are now facing re- authorization.

                            Volume 11 provides a more detailed discussion of the program areas
                    highlighted in the National Overview, including case examples, especially
                    in areas implemented under the 1990 Amendments. Volume 11 also contains
                    a section covering the status and accomplishments of each state coaslal
                    management program and estuarine research reserve site. The section is
                    organized by state, and contains summaries for state coastal management
                    programs and reserve sites located within that state. Volume 11 also con-
                    tains appendices summarizing the status of coastal management programs
                    and estuarine reserves, allocation of funds, and regulations issued during
                    the biennium.






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                                                                                         TABLE OF CONTENTS
                                                                                    Biennial Report, Volume II


                                   An Introduction to CZMA Programs                  ................................................................................................................I


                                   Coastal Zone Act Reauthorization Amendments
                                   Carrying Out the New Agenda              ..........................................................................................................................2

                                   Program Development - Section 305                     ..............................................................................................................3
                                                State-by-State Summaries
                                   Program Administration - Section 306                  ...........................................................................................................6
                                   Federal Consistency - Section 307                 .................................................................................................................7
                                   Coastal Zone Management Fund - Section 308                       .............................................................................................. 19
                                   Coastal Zone Enhancement Program - Section 309                         ....................................................................................... 20
                                   Technical Assistance - Section 310                ................................................................................................................. 23
                                   Review of Performance - Section 312                   .............................................................................  .............................. 26
                                   Awards Recognizing Excellence in Coastal Zone Management - Section 313                                    ............................................. 28
                                   National Estuarine Research Reserve System - Section 315                           ......................................................................... 30
                                                Research and Monitoring Programs                 ................................................................................................... 30
                                                Education and Outreach Efforts             .......................................................................................................... 31
                                                Proposed National Estuarine Research Reserves                   ................................................................................ 32
                                                NERRS Review Panel Report                ............................................................................................................. 35
                                   Coastal Nonpoint Pollution Control Program - Section 6217                            ....................................................................... 36
                                   Education and Outreach            .................................................................................................................................... 38
                                   Coastal Hazards        ................................................................................................................................................. 41


                                   State-by-State
                                   Coastal Management Programs and National Estuarine Research Reserves


                                   Alabama
                                                Coastal Area Management Program                  ................................................................................................... 44
                                                Weeks Bay NERR           ............................................................................................................................... 46
                                   Alaska
                                                Coastal Management Program               ............................................................................................................ 50
                                   American Samoa
                                                Coastal Management Program               ............................................................................................................ 54
                                   California
                                                Coastal Management Program               ............................................................................................................ 58
                                                Elkhorn Slough NERR             ....................................................................................................................... 62
                                                Tijuana River NERR          ........................................................................................................................... 65
                                   Connecticut
                                                Coastal Management Program...              ......................................................................................................... 68
                                   Delaware
                                                Coastal Management Program               .....................................................................................  ...................... 72
                                                Delaware NERR          ................................................................................................................................. 74
                                   Florida
                                                Coastal Management Program               ............................................................................................................ 78
                                                Apalachicola NERR           ............................................................................................................................ 81
                                                Rookery Bay NERR            ........................................................................................................................... 83
                                   Georgia
                                                Sapelo Island NERR          ........................................................................................................................... 86
                                   Guam
                                                Coastal Management Program               ............................................................................................................ 92

















                               Hawaii
                                             Coastal Zone Management Program                       .................................................................................................. 96
                                             Waimanu Valley NERR                 ...................................................................................................................... 98
                               Louisiana
                                             Coastal Resources Program                 ................................................................................................................ 102
                               Maine
                                             Coastal Management Program                   ............................................................................................................ 106
                                             Wells NERR          ........................................................................................................................................ 110
                               Maryland
                                             Coastal Zone Management Program                       .................................................................................................. 116
                                             Chesapeake Bay - Maryland NERR                        ................................................................................................... 118
                               Massachusetts
                                             Coastal Zone Management Program                       .................................................................................................. 122
                                             Waquoit Bay NERR               ............................................................................................................................ 126
                               Michigan
                                             Coastal Zone Management Program                       .................................................................................................. 130
                               Mississippi
                                             Coastal Program         .................................................................................................................................. 136
                               New Hampshire
                                             Coastal Program         .................................................................................................................................. 140
                                             Great Bay NERR             ................................................................................................................................ 142
                               New Jersey
                                             Coastal Management Program                   ............................................................................................................ 146
                               New York
                                             Coastal Management Program                   ........................................................................................................... 150
                                             Hudson River NERR               .......................................................................................................................... 153
                               North Carolina
                                             Coastal Management Program                   ............................................................................................................ 158
                                             North Carolina NERR              ......................................................................................................................... 160
                               Northern Mariana Islands
                                             Coastal Resources Management Program                          .......................................................................................... 164
                               Ohio
                                             Old Woman Creek NERR                   ................................................................................................................... 168
                               Oregon
                                             Coastal Management Program                   ............................................................................................................ 172
                                             South Slough NERR               ........................................................................................................................... 1,74
                               Pennsylvania
                                             Coastal Zone Management Program                       .................................................................................................. 180
                               Puerto Rico
                                             Coastal Management Program                   ............................................................................................................ 184
                                             Jobos Bay NERR             ................................................................................................................................ 186
                               Rhode Island
                                             Coastal Management Program                   ............................................................................................................ 187
                                             Narragansett Bay NERR                ..................................................................................................................... 192
                               South Carolina
                                             Coastal Management Program                   ............................................................................................................ 196
                                             ACE Basin NERR             ............................................................................................................................... 198
                                             North Inlet/Winyah Bay NERR                    .......................................................................................................... 201
                               Virgin Islands
                                             Coastal Zone Management Program                       .................................................................................................. 206
                               Virginia
                                             Coastal Resources Management Program                          .......................................................................................... 210
                                             Chesapeake Bay- Virginia NERR                     ....................................................................................................... 212














                                       Washington
                                                    Coastal Zone Management Program                         .................................................................................................. 216
                                                    Padilla Bay NERR             ........................................................................................  ..................................... 219
                                       Wisconsin
                                                    Coastal Management Program                     ............................................................................................................ 222

                          IV.          Appendix         ........................................................................................................................................................... 226
                                       A.     Status of State Coastal Management Programs
                                       B.     Status of National Estuarine Research Reserve Programs
                                       C.     Maps of the State Coastal Management Programs and National Estuarine Research Reserves
                                       D.     Itemization of Allocation of CZMA Funds - FY 1992 and 1993
                                       E.     Coastal States Section 309 Priority Needs
                                       F.     Projects of Special Merit Under Section 309 - FY 1992 and 1993
                                       G.     National Estuarine Research Reserve System Program Regulations
                                       H.     Program Contacts
                                       1.     Credits





                                                                                       An Introduction to CZMA Progrorns





                         he Coastal Zone Manage-        CZM programs. Together, these            - priority consideration for coastal
                 ment Act (CZMA) of 1972 estab-         programs protect 94 percent of the       dependent uses and energy facil-
                 lished a national program to plan      Nation's 95,000 miles of coastline,      ity siting;
                 for and wisely manage develop-         bordering three oceans and the
                 ment of the nation's coastal land      Great Lakes. Of the seven eligible       - public shorefront access;
                 and water resources. Recognizing       states and territories without pro-
                 the national interest in wise man-     grams, five - Georgia, Minne-            - assistance in redevelopment of
                 agement of the nation's coastal        sota, Ohio, Texas, and Indiana -         urban waterfronts and ports;
                 resources, the CZMA created a          are either developing or consider-
                 voluntary federal- state-local part-   ing developing CZM programs.               coordination and simplification
                 nership dedicated to comprehen-                                                 of administrative procedures to
                 sive management of these finite                                                 ensure expedited governmental
                 and fragile resources. Adminis-
                                                                                                 decisionmaking for management
                 tered by the National Oceanic and                                               of coastal resources;
                 Atmospheric Administration
                 (NOAA), the CZMA operates                                                          consultation and coordination
                 principally through implementa-                                                 with federal agencies;
                 tion of federally approved state
                 coastal zone management (CZM)                                                     public participation in coastal
                 programs that seek to balance the                                               decisionmaking;
                 protection and sustainable use of
                 resources in the U.S. coastal zone.                                               comprehensive planning, con-
                                                                                                 servation and management of liv-
                         In implementing the                                                                           s; and
                                                                                                 ing marine resource
                 CZMA, NOAA administers funds,
                 and provides policy guidance and                                                  study and develop plans for ad-
                 technical assistance to states to                                               dressing the adverse effects upon
                 help them establish and maintain                                                the coastal zone of land subsidence
                 coastal management programs.                                                    and sea level rise.
                 NOAA provides continuous over-                  Although the CZMA pro-
                 sight of the federally approved        vides flexibility to states in devel-            The 29 state and territory
                 CZM programs to ensure that            oping their programs, the Act's          programs taking part in the na-
                 states and territories comply with     guidelines require that all state        tional Coastal Zone Management
                 CZMA goals and objectives. At          programs will further the national       (CZM) Program depict the
                 the national level, NOAA works         policy of effective management,          nation's great diversity. Beyond
                 to ensure coordination and integra-    beneficial use, protection and de-       obvious differences in size, region
                 tion of the CZM programs with          velopment of the coastal zone. In        and extent of coastal development,
                 other federal agency programs that     developing programs, states must         each state and territory faces dif-
                 have compatible goals.                 address national objectives:             ferent political and social climates.
                                                                                                 As a result, states develop CZM
                         Since 1974, with the ap-       * protection of natural resources;       programs that address their indi-
                 proval of the first state CZM pro-                                              vidual needs, while considering
                 T





































                 gram in Washington, 24 coastal         a management of coastal devel-           the broader national interest. For
                 states and five island territories     opment to protect life and prop-         example, some states, such as
                 have developed federally approved      erty from coastal hazards;               California, South Carolina and
                                                                                                 Louisiana, passed comprehensive





          An Introduction to CZMA Programs





          legislation as a framework for                    State CZM programs have
          coastal management. Other states,        also made significant contribu-          ME
          including Florida, New York and          tions to improving coastal water
          Virginia, networked existing,            quality and tackling shoreline ero-
                 -purpose laws into a com-         sion problems. In addition, states
          single
          prehensive umbrella for coastal          have made great strides in promot-
          management. These programs               ing water dependent uses of the
          continue to evolve as priorities         coast, such as ports and marinas,
          change and as better information         commercial fisheries and recre-
          and technical capabilities become        ation, and in enhancing public ac-
          available.                               cess to the shoreline.
                                                                                            309 of CZARA. The new program
                  Since 1974, the federal                  Despite these strides, the       gives states and territories the op-
          government has invested over             job of coastal management is far         portunity to compete for additional
          $700 million in coastal zone man-        from complete. In 1990, Congress         Federal funds to strengthen their
          agement. On average, the 29 CZM          strengthened and modernized the          coastal management programs in
          programs share approximately $35         law to address new and emerging          several areas, including wetlands
          million annually in federal funds.       issues, specifically the problem of      protection, cumulative and sec-
          These federal funds, which are           nonpoint source pollution. The           ondary impacts of coastal growth,
          matched in part by state dollars,        Coastal Zone Act Reauthorization         increased opportunities for public
          are used by states to implement          Amendments (CZARA) of 1990               access and natural hazards man-
          their CZM programs. The funds            created a new Coastal Nonpoint           agement.
          are allocated to states by a formula     Source Pollution Control Program
          which takes into account shoreline       under section 6217 which requires                 The 1990 Amendments
          mileage and coastal population.          states to develop programs con-          also gave NOAA new authority to
                                                   trolling the sources of nonpoint         impose interim sanctions on states
                  Despite continuing chal-         pollution and significantly impact       and territories that fail to adhere
          lenges, increased responsibilities       coastal waters. In a coordinated         to federally approved programs.
          and shrinking budgets, the 29            effort, NOAA and EPA take joint          During the biennium, NOAA de-
          CZM programs have made sub-              responsibility for administering         veloped a process for invoking in-
          stantial progress in responding to       the coastal nonpoint source pollu-       terim sanctions. CZARA also
          threats to coastal resources. Sig-       tion program. At the state level,        strengthened the Federal consis-
          nificant progress has been made by       CZM agencies and water quality           tency provisions under section 307
          states in restoring lost wetlands        agencies work together to develop        and clarified through a new re-
          and mitigating damaged wetlands.         and implement the programs.              quirement that the public should
          Coastal states have played a posi-                                                be able to participate in consis-
          tive role in reducing the risk to life           Responding to growing            tency determinations of both fed-
          and property from coastal storms.        concerns about the declining             eral and state activities.
          States work to deter development         health of the nation's coastal re-
          in highly vulnerable areas of the        sources, including increased popu-               Highlights of NOANs ef-
          shoreline through adoption of such       lation growth along the nation's         forts to implement these new pro-
          measures as setback requirements.        coasts and intense competition for       visions over the past two years are
          Currently, 13 states have some           use of coastal resources, Congress       described in the following pages.
          form of setback requirement for          created a new Coastal Zone En-           These descriptions are organized
          coastal development.                     hancement Program under section          on a section-by- section basis.

                                                                     2






                                                                                   TOWARD PROGRAM DEVELOPMENT -
                                                                                                   Implementing Section 305




                         n 1990, Congress restored       laws and regulations before award-              Under the Coastal Zone
                 funding opportunities under sec-        ing funds. During fiscal years          Act Reauthorization Amendments
                 tion 305 of the Coastal Zone Man-       1992 and 1993, annual program           of 1990, Congress limited each
                 agement Act for non-participating       development awards under section        state's eligibility for program de-
                 states to develop coastal manage-       305 ranged from $70,000 to              velopment grants to two years.
                 ment programs for federal ap-           $200,000. States receiving pro-         This could become an issue for
                 proval. Section 305 authorizes          gram development funds must             some states in the later stages of
                 grants and specified requirements       match federal dollars with state        program development if two years
                 to assist and guide states in the       funding at a four to one ratio.         does not prove sufficient time to
                 development of coastal zone man-                                                create an approvable program.
                 agement programs.                               The states are currently        Another issue is the requirement
                                                         working with NOAA. to develop           to develop an approvable state
                         Between 1974 and 1986,          approvable programs over the next       Coastal Nonpoint Pollution Con-
                 29 of 36 eligible states and terri-     two years. Ohio, Texas, and Geor-       trol Program under section 6217
                 tories developed coastal zone           gia, now in their second year of        of the CZMA at the same time as
                 management programs that                program development, are closest        the state is developing its core
                 OCRM approved. Six states -             to completing the process.              CZM program. It is very difficult
                 Georgia, Illinois, Indiana, Minne-      NOAAA recently published a no-          to develop both programs simul-
                 sota, Ohio and Texas - and the          tice of intent to issue a draft envi-   taneously given the tight schedule
                 Pacific Trust Territory of Palau        ronmental impact statement on the       for completing each. Furthermore,
                 currently do not have federally         Ohio program document- a ma-            states developing CZM programs
                 approved coastal management             jor step toward public review and       do not have access to program de-
                 programs. Each of the states, ex-       program approval. Most recently,        velopment funding under section
                 cept Palau, participated in the pro-    Minnesota and Indiana began to          6217, even though states are sub-
                 gram development process in the         develop coastal management pro-         ject to the same requirements as
                 1970's, but withdrew of the pro-        grams in the fall of 1993.              approved state programs.
                 cess for various reasons. Factors
                 generally included the lack of state
                 authorities to meet federal ap-
                                                                       Section 305 Program Development Funding
                 proval and local opposition.
                                                                                                                   FY 92
                                                           $300,000
                         Beginning in 1993, NOAA
                                                                                                                   IFY 93
                 determined that five states which      .0 $250,000
                 had expressed renewed interest in      0
                                                           $200,000
                 developing CZM programs
                                                        Z  $150,008
                 Texas, Georgia, Minnesota, Ohio,       0
                 and Indiana - were eligible to         0  $100,000
                 apply for the newly reinstated sec-
                 tion 305 program development                $50,000
                 funds. NOAA reviewed formal                        $0
                 requests from the governors of                             Gn        IN         MN        ON        TH
                 these states to develop coastal                                                 State
                 zone management (CZM) pro-
                 grams under the Coastal Zone             Combined 2-year grant
                 Management Act and reviewed
                 each states' coastal management                          3




                                                    I


         TOWARD PROGRAM DEVELOPMENT
         Implementing Section 305



           State-by-state CZM program                   Georgia's program will         efforts was sparked in 1991 when
               development activities           rely on a combination of direct        the Department of Natural Re-
                                                CRD permitting authority and           sources, the lead agency for pro-
         Georgia                                CRD's authority to certify that        gram development, funded a study
                                                other activities within the coastal    entitled "Toward a Management
                 Since 1979, when Georgia       zone are undertaken in accordance      Plan for Indiana's Shoreline of
         withdrew its original request for      with the resource policies of the      Lake Michigan." This eventually
         federal approval of a state coastal    CZM program. The resource poli-        prompted DNR to apply for fund-
         management program, the state          cies, to be approved as DNR regu-      ing in 1993. Having received its
         has pursued stricter environmen-       lations, specify how activities        first one-year grant for program
         tal legislation and amended sev-       within the coastal zone must be        development ($166,000) in Octo-
         eral key authorities. Georgia          undertaken to minimize impacts         ber, 1993, Indiana is in the earli-
         strengthened the Coastal Marsh-        on coastal resources.                  est stage of developing a program.
         lands Protection Act and later
         passed the Shore Protection Act,               Georgia's coastal zone                 The state has significant
         which together regulate activities     management staff have completed        authorities to address issues re-
         in Georgia's extensive coastal         all of the first year program devel-   lated to submerged lands, but may
         marshes, bottom lands, beaches,        opment tasks, including an outline     need to strengthen its authority
         and dunes.                             of the coastal zone management         with regard to wetlands and shore-
                                                program document and the first         line development, particularly to
                                                       draft of the program's re-      prevent darnage to shoreline struc-
                                                       source policies and pro-        tures from erosion. With some
                                                       posed Coastal Management        older, industrialized areas along
                                                       Act. Georoda established an     the shoreline and a new state-ap-
                                                       advisory committee of pri-      proved riverboat gambling indus-
                                                       vate citizens and state and     try, Indiana faces some interesting
                                                       local officials working         challenges regarding how to man-
                                                       closely with staff to develop   age its urban shorelines.
                                                       the program's goals and ob-
                                                       jectives. Georgia expects to    Minnesota
                                                       have developed an accept-
                                                able program by Fall 1996.                     Minnesota's effort in the
                 Georgia applied for      pro-                                         1970's to develop a coastal zone
         gram development funds under           Indiana                                management program for its Lake
         section 305 to again pursue devel-                                            Superior shoreline ceased due to
         opment of a CZM program. The                   Indiana began developing       concerns by local governments
         state received $165,000 in federal     a comprehensive coastal manage-        and citizens that the federal gov-
         funding for fiscal year 1992 and       ment program in the 1970's and         ernment would gain undue influ-
         $170,000 in FY 1993. In January        early 1980's but was unable to pass    ence over local activities and de-
         1992, Governor Zell Miller desig-      legislation necessary to support a     cision-making. This, in part, was
         nated the Department of Natural        CZM program. After 20 years, the       a direct reponse to the U.S.
         Resources (DNR) as Georgia's           state has again expressed an inter-    government's acquisition of the
         lead agency for program develop-       est in developing a program un-        Boundary Waters Canoe Area in
         ment, with CZM staff housed in         der the CZMA. Interest in renew-       northeastern Minnesota.
         DNR's Coastal Resources Divi-          ing CZM program development
         sion (CRD).
                                                                 4





                                                                                      TOWARD PROGRAM DEVELOPMENT -
                                                                                                       Implementing Section 305




                          Minnesota's current ef-          Resources (DNR), lead agency for          The state's renewed effort began
                 forts to develop a coastal zone           both program development and              with the passage of Senate Bill
                 management program is predi-              implementation, to designate an           1053, comprehensive coastal leg-
                 cated on strong local involvement.        erosion hazard area along the Lake        islation, which established a
                 Early indications are that the state      Erie shoreline. The DNR ex-               Coastal Coordination Council, an
                 will network many of existing au-         pended tremoundous time and               interagency board chaired by the
                 thorities, relying heavily on city,       money to determine and map, at            General Land Office and charged
                 county and township local pro-            large scale, an appropriate erosion       with adopting goals and policies
                 grams. The North Shore Manage-            hazard area. DNR is now complet-          of the coastal management plan
                 ment Board, a joint powers board          ing draft regulations to implement        and with reviewing actions that
                 of local governments created in           Ohio's hazards program.                   may adversely affect coastal natu-
                 1987, will play a key role in de-                                                   ral resource areas. Texas will rely
                 veloping local area plans and strat-               NOAA and Ohio plan to            on a networked approach to imple-
                 egies for environmental protec-           issue a joint Program Document/           ment the Council's new policies
                 tion.                                     Draft Environmental Impact State-         utilizing existing state authorities.
                                                                                                       Substantial efforts have been ex-
                          Minnesota's Department                                                       pended over the past two years
                 of Natural Resources, the lead                                                        in developing management poli-
                 agency for program develop-                                                           cies and procedures to imple-
                 ment, received a combined two-                                                        ment SB 1053.
                                                                           4
                 year section 305 grant totalling
                 $294,000 on Aug. 1, 1993.                                                                   Two key issues remain for
                                                                                                       developing an approvable coastal
                 Ohio                                                                                  management program in Texas.
                                                                                                       The state needs to fill the gap in
                          Ohio continued to de-                                                        protection of privately owned
                 velop a coastal zone management           ment (P/DEIS) in 1994. Release            wetlands, which are not now spe-
                 program during the 1980's, even           of the P/DEIS will coincide with          cifically protected under Texas au-
                 when federal funds were not avail-        Ohio's issuance of draft hazard           thorities. Texas also needs to
                 able. When the CZARA restored             maps and draft rules for the haz-         clarify how it will coordinate pro-
                 program development funds in              ards program, so that all will be-        gram implementation between
                 1990, Ohio applied for a section          come available for public com-            various independent and quasi-in-
                 305 grant to complete its program,        ment at the same time.                    dependent state agencies, many of
                 which is based on existing state                                                    which are not directly under the
                 laws and state coastal management         Texas                                     Governor's control.
                 legislation passed in 1988, which
                 includes a new coastal hazards                    Texas tried several times in              Texas, in the second year
                 management provision.                     the 1970's and 1980's to develop          of program development, com-
                                                           a CZM program, without success.           pleted a working draft of its pro-
                          Now in its second year of        The General Land Office, the lead         gram document. The state is
                 program development, implemen-            agency, completed several draft           scheduled to release a draft docu-
                 tation of the state's hazard pro-         program documents, but the docu-          ment for public hearing in Spring
                 gram remains the largest issue fac-       ments failed to meet federal re-          1994 with final approval of a Texas
                 ing Ohio. The hazard program re-          quirements for program approval           CZM progarn slated for late 1994.
                 quires the Department of Natural          or were not submitted by the state.

                                                                             5





         PROGRAM ADMINISTRATION
         Implementing Chonges to Section 306




                 he Coastal Zone Act Re-        quirements for public participation   mit the procedure to NOAA as a
         authorization Amendments of            under section 306(d)(14). For ex-     program change. NOAA devel-
         1990 added two new requirements        ample, states are already required    oped policy guidance outlining
         to section 306 of the CZMA. The        to provide for public participation   what will constitute acceptable
         first provision, under 306(d)(14),     in state permitting processes and     public participation procedures.
         requires that coastal management       state review of consistency certi-
         programs provide for public par-       fications for federally licensed and  Section 306(d)(15)
         ticipation in permitting processes     permitted activities. Therefore, the
         and consistency determinations         new requirement applies to state              Section 306(d)(15) re-
         for federal activities reviewable      review of federal agency consis-      quires that each state coastal man-
         under section 307 of the CZMA.         tency determinations for direct       agement program provide a
         The second provision, under            federal activities under section      mechanism to ensure that all state
         306(d)(15), requires that coastal      307(c)(1) of the CZMA.                agencies adhere to the program.
         management programs contain a                                                Under NOAA regulations, state
         mechanism to ensure that state                 During the biennium,          CZM programs are already re-
         agencies adhere to the program.        NOAA determined that the Mai or-      quired to have mechanisms in
         During the biennium, OCRM de-          ity of coastal management pro-        place to ensure that state agencies
         veloped policy guidance for state      grams do not provide for public       comply with the goals and policies
         coastal management programs to         participation in consistency deter-   of their approved programs.
         implement these new provisions.        minations under section 307(c)(1).
                                                As a result, NOAA instructed all              In implementing section
         Section 306(d)(14)                     states and territories to develop a   306(d)(15), NOAA documented
                                                procedure for incorporating pub-      existing state authorities and
                 Existing NOAA regula-          lic participation into its consis-    mechanisms to determine whether
         tions largely address the new re-      tency review procedures and sub-      the mechanisms remain viable and
                                                                                      are working. This information,
                                                                                      which was sent to the states for
                                                                 La.
                                                                                      review and comment, will help
                         <11@4
                                                                                      NOAA gain an overall under-
                                                                                      standing of the status and effec-
                                                                                      tiveness of existing mechanisms,
                                                                                      what mechanisms are appropriate
                                                                                      under the various program struc-
                                                                                                  what problems or con-
                                                                                      tures, and
                                             4- MR
                                             0 8@ I,
                                 -.. ..... .
                                                                                                y  be addressed through
                                                                                      cerns ma
                                                                                      policy guidance. NOAA will con-
                                                                                      tinue to assess each state's com-
                                                                                      pliance with section 306(d)(15)
                                                                                      during the routine evaluation pro-
         ler                                                                          cess under section 312 of the
                                                                                      CZMA, which requires a continu-
                                                                                      ing review of state programs.




                                                                 6





                                                                                                     FEDERAL CONSISTENCY -
                                                             Aligning Federal Activities with State , Coastal Programs




                                   hen      Congress      of the consistency provision, the       aware of, or minimize or dispute
                 passed the CZMA, it recognized           Coastal Zone Act Reauthorization        their consistency responsibilities.
                 that the federal government was a        Amendments of 1990 (CZARA).             In addition, while some states are
                 major contributor to environmen-                                                 proficient in their use of consis-
                 tal problems in the coastal zone,                Specifically, CZARA             tency, other states are either disin-
                 but could also be part of the solu-      overturned the Supreme Court's          terested or unwilling to apply con-
                 tion. Section 307 of the CZMA            decision in Secretary of the Inte-      sistency in a more active and con-
                 requires that federal activities (in-    rior v. California, 464 U.S. 312        sistent manner.
                 cluding private activities requiring     (1984), making outer continental
                 federal permits and licenses and         shelf oil and gas lease sales sub-               Over the past two years,
                 federal financial assistance to          j ect to the requirements of CZMA       OCRM has placed greater empha-
                 states and local governments) be         section 307(c)(1). The new Ian-         sis on outreach to states and fed-
                 consistent with a state's federally      guage also clarifies that all federal   eral agencies to promote the ben-
                 approved coastal management              activities, whether within or out-      efits of federal consistency and to
                 program. The intent of the fed-          side the coastal zone, are subject      assist states and federal agencies
                 eral consistency provision is to         to the federal consistency require-     in fulfilling their consistency re-
                 foster a state/federal partnership in    ments of the CZMA if an activity        sponsibilities. This outreach in-
                 the wise management of coastal           can be reasonably expected to af-       cludes a full-time Federal Consis-
                 land and water uses and natural          fect any land or water use or natu-     tency Coordinator to work with the
                 resources by early consultation,         ral resource of a state's coastal       states and federal agencies on the
                 coordination, and negotiation be-        zone. The language codifies             use of consistency in general and
                 tween states, fed-                                                                            on specific conflicts
                 eral agencies, and                                                                            that arise; Federal
                 applicants for fed-                                                                           Consistency Bulletins
                 eral approvals and                                                                            which document sig-
                 funding, and adher-                                                                           nificant state consis-
                 ence to state CZM                             S,!                                             tency issues, NOAA
                                                                 M,
                 program enforce-                                                                              coordination with fed-
                 able policies.                                                                                eral agencies, NOAA
                                                                                   `7
                                                                                                               policy guidance and
                         While the                                                                             projects, and Secre-
                 federal consistency                                                                           tarial appeal decisions;
                 provision has been
                                                                                                               development of a Fed-
                                          No vY, sh ipyw nd in Philadelph ia
                 effective in ensur-                                                                           eral       Consistency
                 ing compliance                                                                                Manual (in produc-
                 with the state coastal management        NOAA's existing        regulations,     tion);  and possible future work-
                 programs and resolving conflicts         which require that the geographic       shops for states and federal agen-
                 between federal agencies and             scope of federal consistency be         cies.
                 states, its full potential has not       based on the effect of a federal
                 been realized because of contro-         activity on coastal uses and re-                 The following sections (1)
                 versy in its application and at-         sources, not on the location of the     highlight both the success of fed-
                 W













































                 tempts to either circumvent or           activity. While these changes have      eral consistency and areas of con-
                 minimally meet the consistency           improved the effectiveness of the       flict and (2) summarize decisions
                 requirements. Thus, Congress             federal consistency provision, fed-     issued by the Secretary of Com-
                 passed, in part to clarify the scope     eral agencies still are often un-       merce on appeals of state objec-

                                                                            7





          FEDERAL CONSISTENCY -
          Aligning Federal Activities with State Coastal Programs



          tions to federal permit or license     sel, on April 12, 1993, requested     sylvania had disagreed with the
          activities and OCS plans.              that Justice review its opinion. On   Corps' consistency determination
                                                 June 29, 1993, Justice informed       for the NWP regulations, after the
                  MAJORISSUES                    Secretary Brown that its position     Corps treated proposed State
            DURING THE BIENNIUM                  had not changed. The Secretary, on    NWP conditions as a denial of
                                                 July 30, 1993, informed all parties   State water quality and CZMA
          Lake Gaston: Reviewing                 that, based on Justice's review, the  consistency certification. Pennsyl-
          Activities in Another State            Secretary declines to reconsider      vania, on March 20, 1992, then
                                                 Secretary Franklin's decision. In     brought suit against the Corps'
                  The City of Virginia           August 1993, North Carolina sued      promulgation of the final NWP
          Beach, Virginia, is seeking to with-   the Secretary of Commerce on          regulations. However, Pennsylva-
          draw up to 60 million gallons of       several counts associated with        nia and the Corps settled the issue
          water per day from Lake Gaston,        Secretary Franklin's and Secretary    by agreeing that the State has six
          which straddles the North Caro-        Brown's decisions. In December        months to review an applicant's
          lina - Virginia border. Lake Gaston    1993, Justice advised NOAA that       CZMA consistency certification,
          was created by a dam operated by       Justice reconsidered its earlier ad-  as provided for in NOANs federal
          the Virginia Electric Power Com-       vice and withdrew its foriner opin-   consistency regulations. Further,
          pany (VEPCO). In September             ion on interstate consistency. The    the State may establish conditions
          1991, North Carolina formally          Secretary of Commerce fully ac-       for Pennsylvania's concurrence
          objected to the proposed water                                               with an applicant's consistency
          withdrawal which requires amend-                                             certification. The Corps will in-
          ment of VEPCO's Federal Energy            In the Lake Gaston case            clude such conditions in any ap-
          Regulatory Commission license.                                               plicable permit authorization. If
          VEPCO requested the Secretary of         North Carolina challenged           the Corps does not include the
          Commerce to override North              an activity in Virginia under        conditions, the Corps will consider
          Carolina's objection. On Decem-           section 307 of the CZMA.           the State's conditioned concur-
          ber 3, 1992, former Secretary                                                rence as an objection and will not
          Franklin terminated the appeal,        cepted NOAXs recommendation           authorize the activity unless the
          based on advice from the Depart-       that, in the absence of a Justice     permittee chooses to comply vol-
          ment of Justice (Justice) that one      pinion, the Department of Com-       untarily with all conditions in the
          state may not object to a federally    o                                     conditioned concurrence or the
          permitted activity which occurs        merce should revert to the origi-     State withdraws the conditions
          entirely within another state. On      nal NOAA interpretation of sec-       considered to have been objected
          February 3, 1993, the State of         tion 307 of the CZMA.                 to by the Corps.
          North Carolina requested that Sec-     Pennsylvania, the Corps, &            New York and GSA/ U.S.
          retary Brown reconsider former         Nationwide Permits                    Marshals Service Land Disposal
          Secretary Franklin's decision. On
          February 10, 1993, Virginia Beach
          requested that Secretary Brown let            The Pennsylvania Depart-               When the General Ser-
          the previous decision stand.           ment of Environmental Resources       vices Administration (GSA) and
                                                 (DER) and the U.S. Army Corps         the U.S. Marshals Service set out
                 Because the Justice opin-       of Engineers (Corps) agreed to a      to dispose of a parcel of land that
          ion on interstate consistency has      settlement in Pennsylvania's legal    was seized by the U.S. Marshals
                                                 challenges to the Corps' Clean        Service, the State of New York re-
          such important implications for        Water Act section 404 nationwide      quested to review the land sale for
          the reach of the CZMA, Depart-         permit (NWP) regulations. Penn-       consistency with the New York
          ment of Commerce General Coun-





                                                                                                  FEDERAL CONSISTENCY -
                                                            Aligning Federal Activities with State Coastal Programs



                Coastal Management Program.             CZMA federal consistency provi-         responsible for the plutonium
                GSA asserted that GSA: s "broker"       sion.                                   shipment, Japan is responsible for
                activities for the disposal of the                                              establishing and executing the
                land is exempted from CZMA              Hawaii, American Samoa, and             transportation plan, and that the
                consistency requirements by fed-        Guam and Japanese Plutonium             shipment and plan are not being
                eral drug statutes, that acting as a    Shipments                               undertaken by or on behalf of the
                "broker" is not a federal activity                                              United States. Therefore, OCRM
                under 15 C.F.R. ï¿½ 930.31(a), and                Beginning in November           concurred with DOS that DOS in-
                that a consistency determination is     1992, Japan began shipping plu-         volvement was not a direct federal
                unnecessary when selling federal        tonium to Japan from Europe             activity under CZMA section
                surplus real property where the         through the Pacific Ocean (the plu-     307(c)(1). OCRM also found that
                sale is "environmentally neutral."      tonium is fuel from U.S. reactors       DOS's approval of the transporta-
                                                        that has been processed in France       tion plan was a federally licensed
                        NOAA maintained that            for further use). Japan will use the    or permitted activity. However,
                consistency is applicable to such                                               because of the governmental char-
                land transfers. After negotiations           When the GSA and the               acter of Japan's actions in this
                failed, the State sued to enjoin         U.S. Marshals Service set out          case, Japan was not an entity "ex-
                GSA from finalizing the sale on             to dispose of seized land,          isting under the laws of any state,"
                the grounds that GSA failed to               NOAA maintained that               and was therefore not an applicant
                comply with federal consistency.          consistency was applicable.           for such approval pursuant to 15
                On April 5, 1993 the United States                                              C.F.R. ï¿½ 930.52. OCRM also ad-
                District Court, Northern District       plutonium in an experimental            vised DOS to work with the state
                for New York, denied preliminary        "breeder" reactor, a new type of        and territories to resolve the
                injunctive relief, finding in part      nuclear power plant that produces       coastal programs' substantive con-
                that the State's injury would not       additional plutonium while gener-       cerns.
                be irreparable because the State's      ating power. Hawaii, American
                policies may still be enforced          Samoa, and Guam requested that                  Hawaii also requested that
                against the private landowner           the U.S. Department of State            the Nuclear Regulatory Commis-
                through the State's police power        (DOS) provide them with a con-          sion (NRC) and the U.S. Coast
                and eminent domain. While the           sistency determination for DOS          Guard submit consistency deter-
                Court confirmed that GSA activi-        activities related to the transpor-     minations for possible actions re-
                ties are subject to consistency, the    tation plan and the shipment. The       lated to the plutonium shipment.
                Court found that the State did not      state and territories maintained        The NRC replied that there were
                show how GSXs failure to ob-            that U.S. involvement was a fed_        no proposed NRC activities or
                serve procedural dictates of the        eral activity under the CZMA sec-       approvals related to Japan's plu-
                CZMA damaged coastal environs           tion 307(c)(1). The state and terri-    tonium shipment. Hawaii was also
                since there was no change in the        tories were concerned that ad-          concerned with possible Coast
                present use of the land. The prop-      equate safeguards were not in           Guard emergency actions. OCRM
                erty was conveyed by GSA and the        place to protect the coastal and        informed the Coast Guard that the
                Marshals Service to the new prop-       ocean environment.                      CZMA and NOAA regulations do
                erty owner. The State has decided                                               not specifically address emer-
                not to further pursue the litigation,           DOS requested OCRM re-          gency actions, but that consistency
                but has requested that Secretary        view of DOS's response to the           did apply, and that any Coast
                Brown and Attorney General Reno         state's and territories' request for    Guard actions should be consistent
                require that federal agencies ad-       a consistency determination.            to the maximum extent practi-
                here to the letter and intent of the    OCRM confirmed that Japan is            cable. OCRM made several sug-
                                                                         9





           FEDERAL CONSISTENCY -
           Aligning Federal Activities with State Coastal Programs



                                .. .. . . .....
                                                                                               ration of the EIS and concurred
                                                                                               that the list of criteria for site des-
                                                                                               ignation was appropriate. The site
                                                                                               has been used for disposal of low
                                                                                               level radioactive wastes (discon-
                                                                                               tinued in late 1972), and disposal
                                                                                               of contaminated dredged materi-
                                                                                               als. However, recent permits have
                                                                                               not allowed projects to dispose of
                                                                                               contaminated sediments at the
                                                                                               MBDS (e.g., the Third Harbor
                                                                                               Tunnel sediments which have been
                                                                                               disposed at upland sites).

                                                                                                       The MCZMP negotiated a
           gestions to address the State's con-     project, the CCC voted to concur           written agreement with EPA re-
           cerns, but the Coast Guard did not       with the applicant's certification         quiring that only clean materials
           address the suggestions.                 that the project was consistent with       would be deposited at the MBDS.
                                                    the California Coastal Manage-             EPA consented to prepare a record
           California and the Transporta-           ment Program.                              of decision (ROD) that states that
           tion Corridor Agencies                                                              the designation allows only marine
                                                    Massachusetts, EPA and Ocean               dredged materials deemed clean
                   The Transportation Corri-        Dump Site Designation                      by toxicological testing. The
           dor Agencies (TCA), a consortium                                                    MCZMP has also stressed that this
           of local governments, proposed to                 The Marine Protection,            federal consistency approval is
           build several new public toll roads      Research and Sanctuaries Act               only for the site selection and
           in Orange County, California. One        (MPRSA) section 102, requires              stipulates the deposition of only
           of the proposed toll roads, the San      that EPA formally designate fed-           clean material. Any and all uses
           Joaquin Hills project, is located        erally operated marine disposal            of the site will also be subject to
           both within and outside of               sites. EPA recently designated the         individual federal consistency re-
           California's coastal zone.               Massachusetts Bay Disposal Site            view, which should assure that
                                                    (MBDS), after EPA included pro-            only clean material is being depos-
                   The major issues raised by       visions that Massachusetts as-             ited there.
           this project were the applicability      serted were necessary in order to
           of federal consistency to projects       be consistent with the Massachu-                   However, the Corps dis-
           outside of the coastal zone and the      setts Coastal Zone Management              trict questioned EPNs approval.
           application of the geographic            Program (MCZMP). The MBDS,                 The Corps asserted the ROD was
           scope requirements found at 15           formerly known as the Foul Area            not noticed properly and appar-
           C.F.R. ï¿½ 950.53. Both the Corps          Disposal Site, has been used for           ently EPA will re-notice the ROD.
           and TCA requested OCRM's                 disposal of dredged materials for          The Corps is also questioning
           opinion on the federal consistency       several decades and received an            EPKs authority to agree, at the site
           requirements for the project.            interim designation until the              designation stage, to state-re-
           OCRM reiterated its position that        completion and acceptance of the           quested and EPA approved provi-
           the applicability of federal consis-     Environmental Impact Statement             sions regarding use of the site. The
           tency is based on effects, not lo-       (EIS). The MCZMP worked                    Corps maintains that use of a site
           cation. Following its review of the      closely with EPA during the prepa-         can only be authorized by the
                                                                       10





                                                                                                  FEDERAL CONSISTENCY -
                                                            Aligning Federal Activities with State Coastal Programs


                Corps under MPRSA section 103           2,100 feet offshore in 30 feet of       dents if failure occurs in any as-
                and that the Corps strongly objects     water (low tide). All construction      pect of plant operation such that
                to the section 103 type conditions      activities will occur on the New        shellfish harvesting or swimmers
                agreed to by the State and EPA          Hampshire side of the line, with        would be temporarily at risk. EPA
                under the section 102 process. The      the pipe discharging approxi-           has committed to the MCZMP that
                Corps does agree that a state has       mately 1,000 feet north of the bor-     if monitoring indicated that the
                the right, under consistency pro-       der. Prevailing currents flow           closure zone needs to be extended
                visions, to raise those type of is-     southeast towards the Massachu-         into Massachusetts waters, they
                sues when a disposal is proposed        setts town of Salisbury and the         will reopen the permit and require
                under section 103. OCRM ex-             popular Salisbury Beach recre-          relocation Of the outfall.
                pressed concern with the Corps'         ation area.
                view since the 1990 amendments                                                  Massachusetts and GSA Land
                to the CZMA allow a state to re-                The Town of Seabrook and        Acquisition
                view future reasonably foreseeable      the Corps objected to a Massachu-
                cumulative effects of activities at     setts review. With OCRM's and                   Another Massachusetts
                an initial stage of an activity. This   EPA's backing, the MCZMP                consistency review involved con-
                issue is ongoing and will undoubt-      moved forward with the review           currence with a project on feder-
                edly involve further discussions        and the Corps agreed to delay is-       ally owned land. The U.S. General
                among the State, EPA, Corps, and        suing its authorizations until after    Services Administration (GSA)
                OCRM.                                   a decision was made on issuance         acquired a 4.56-acre portion of the
                                                        of an EPA discharge.                    prized Fan Pier site on Boston's
                Massachusetts, New                                                                waterfront, for the purpose of de-
                                                            .41 M
                Hampshire and Interstate                                                          veloping a new Federal Court-
                Consistency                                                                       house. Clearing the way for this
                                                                                                  federal action was a decision by
                        Another Massachusetts                                                     the MCZMP, on November 23,
                consistency review involved a                                                     1992, to concur with a determi-
                project wholly within another                                                     nation by GSA that both the pro-
                state, but potentially affecting                                                  posed acquisition and develop-
                Massachusetts' coastal resources                                                  ment of the land were consistent
                and uses. In September 1992, the                                                  with the enforceable policies of
                MCZMP concurred with a federal                                                  the MCZMP. Such consolidation
                consistency certification for the               With significant coopera-       of consistency determinations
                proposed Seabrook, New Hamp-            tion from EPA, two matters were         made sense in this case because it
                shire wastewater treatment facil-       resolved that made it possible for      involved the preparation of an EIS
                ity, ending a two year effort to se-    the MCZMP to issue a finding of         for the project site plan and build-
                cure the right to review a project      consistency for the project: 1) con-    ing design and then evaluated the
                in an adjacent state. (This issue       sensus was reached on a closure         extent of conformance with rel-
                was settled prior to the Lake           line around the outfall incorporat-     evant state and local standards for
                Gaston decision regarding inter-        ing only shellfish beds in New          waterfront development, espe-
                state consistency).                     Hampshire waters: and 2) the            cially those embodied in the tide-
                                                        Town of Seabrook was required to        lands licensing regulations under
                        The facility's discharge        put into place an expanded regime       the state's Public Waterfront Act.
                pipe will run through the town's        Of outfall monitoring and an elabo-
                heavily developed barrier beach         rate notification system for alert-             In terms of promoting fed-
                and discharge approximately             ing Salisbury officials and resi-       eral accountability to state coastal





           FEDERAL CONSISTENCY -
           Aligning Federal Activities with State Coastal Programs




           management plans, this "one-              CZMA make it clear that no fed-           and expanded in 1984). After sev-
           stop" approach is clearly desirable       eral activity is exempt from the          eral discussions and the exchange
           in that it allows all potential effects   consistency requirements. OCRM            of correspondence among the
           of the project to be identified be-       and EPA have not yet resolved this        State, Coast Guard, and OCRM,
           fore the federal government in-           issue.                                    OCRM informed the Coast Guard
           vests substantial funds. It also al-                                                and the State that the establish-
           lowed GSA to adhere to a rela-                     EPA Region III did sub-          ment of such security zones is not
           tively tight schedule by avoiding         mit, to the DCMP, a consistency           exempt from consistency, but that
           a potential legal clash and avoided                                                 the consistency regulations do not
           unnecessary delay and duplication            EPA Region III questioned              provide for after-the-fact consis-
           of effort.                                     whether CZMAfederal                  tency determinations. OCRM rec-
                                                        consistency is applicable to           ommended that the State and the
           Delaware, EPA, and Superfund                    "on-site" activities for            Coast Guard attempt to come to
                                                               Superfund sites.                an agreement regarding the current
                    The Delaware Coastal               OCRM and EPA have not yet               dispute outside of consistency
           Management Program (DCMP)                         resolved this issue.              mechanisms, and that the Coast
           reviewed clean-up activities, un-                                                   Guard provide consistency deter-
           der the Comprehensive Environ-            determination for on- site activities     minations for future security zones
           mental Response, Compensation,            at the DuPont-Newport site. They          or changes to security zones.
           and Liability Act of 1980                 based their submission on their
           (CERCLA), at the DuPont-New-              determination that the CZMA was                    The Coast Guard's re-
           port Superfund site in Delaware.          a relevant and appropriate require-       sponse   to Connecticut's inquiry
           EPA Region III questioned                 ment for this particular site. The        into establishing and modifying
           whether CZMA federal consis-              DCMP responded with several               this zone implied that the estab-
           tency is applicable to 66on-site"         concerns and requested that EPA           lishment of such security zones
           activities for Superfund sites. EPA       revise their consistency determi-         may be exempted, at the Coast
           guidance defines "on-site" as the         nation to address these concerns          Guard's discretion, from the con-
           areal extent of contamination and         and additional DCMP policies.             sistency requirements. OCRM in-
           suitable areas in very close prox-        DCMP is also requesting the stan-         formed the Coast Guard that such
           imity to contamination. EPA as-           dard federal consistency review           an interpretation is incorrect given
           serts that on-site activities need        period.                                   the plain language of the CZMA
           only meet the substantive require-                                                  that all federal activities are sub-
           ments of other federal law before         Connecticut, the Coast Guard,             ject to consistency if they affect
           a final EPA decision is issued. This      and Security Zones                        any land or water use or natural
           means that for on-site activities                                                   resource of a state coastal zone.
           EPA will make a determination of                   In the Spring of 1992,
           consistency, but will not submit          while investigating recent enforce-
           the determination under federal           ment actions against Connecticut           OCRM recommended that the
           consistency review procedures and         fishermen by security personnel of           State and the Coast Guard
           timeframes. OCRM disagreed                General Dynamics Electric Boat                  attempt to come to an
           with this position finding no lan-        Division, the State discovered that           agreement regarding the
           guage in CERCLA that would su-            the Coast Guard never submitted               current dispute outside of
           persede any CZMA requirements,            a consistency determination for               consistency mechanisms.
           substantive or administrative. Fur-       Security Zone B, New London
           ther, the 1990 changes to the             Harbor (established in July 1973

                                                                       12





                                                                                                  FEDERAL CONSISTENCY -
                                                            Aligning Federal Activities with State Coastal Programs




                New Jersey and Ocean Disposal           rence for the dumping activity at       Merchant Marine and Fisheries
                of Dredged Material Containing          the Mud Dump was presumed.              Committee chastising New Jersey
                Dioxin                                  Both states were under pressure         and New York for not using the
                                                        from the environmental commu-           federal consistency provision as a
                        On May 26, 1993, after          nity and NOAA to address dump-          means to review the dumping.
                three years of negotiations be-         ing of dioxin-contaminated dredge
                tween federal agencies, commer-         materials through federal consis-               The State plans to block
                cial port and shipping interests and    tency reviews on dredging and           ocean dumping of such sediments
                environmental groups, the Army          dumping activities off the coast of     after Dec. 31, 1995, if the federal
                Corps of Engineers (Corps) ap-          New Jersey.                             government does not adopt scien-
                proved a controversial permit for                                               tific-based standards for disposing
                the Port Authority of New York                  Addressing dioxin-tainted       of dredge material contaminated
                and New Jersey to dredge 450,000        sediment dumping has proven dif-        with dioxin. In addition, subse-
                cubic yards of dioxin-tainted sedi-     ficult for states in part due to the    quent to the Port Authority dredg-
                ment near a former Agent Orange         lack of federally approved stan-        ing permit, the NJCMP has suc-
                factory, and dump them six miles        dards for ocean disposal of dioxin      cessfully negotiated a Navy dredg-
                off Sandy Hook, New Jersey, in          contaminated sediment. For the          ing project using federal consis-
                what is called the "Mud Dump."          purposes of this project, the Corps     tency as a tool to require additional
                The portion of the Passaic River,       and EPA reached an agreement on         testing for dioxin levels.
                in New Jersey, where the dredg-         proposed interim guidelines for a
                ing will occur has been listed as a     dioxin management approach for          Maine, the Corps, and Mitigation
                Superfund site on the National          the sediments to be disposed of at
                Priorities List. The Mud Dump is        the Mud Dump.                                   The State of Maine has
                located near an important com-                                                  several Corps projects requiring
                mercial and recreational fishing                In an effort to make fed-       mitigation under Maine's CMR
                area, which also hosts three endan-     eral and state agencies address         The Corps District, instead of
                gered species each of whales and        environmental concerns regarding        complying with the State CMP
                sea turtles. The permit is the first    ocean disposal of dioxin contan-ii-     policies, has informed the State
                of an anticipated 40 Corps permits      nated dredge materials, a coalition     that such mitigation requirements
                for dredging in the New York/New                                                are a local or State responsibility,
                Jersey harbor. While not all of the     Both states were underpressure          and that if the State requires the
                future dredge spoils wi I contain        from the environmental com-            Corps to provide the mitigation,
                as high a level of dioxin contami-       munity and NOAA to address             then the Corps cannot undertake
                nation, issuance of this permit and       dumping of dioxin-contami-            the project. The Maine CMP, the
                the states' response set an impor-      nated dredge materials through          Governor, and the State's Con-
                tant precedent.                          federal consistency reviews....        gressional delegation have all dis-
                                                                                                cussed the issue with the Corps.
                        In January 1993, New Jer-                                               However, at this time, the State
                sey issued a Waterfront Develop-        of environmental groups, includ-        and local governments must pay
                ment Permit and Section 401 Wa-         ing the Coast Alliance, Clean           mitigation costs.
                ter Quality Certification for the       Ocean Action, the Natural Re-
                maintenance dredging project, and       sources Defense Council, the En-                NOAA discussed the issue
                found the dredging project to be        vironmental Defense Fund, and           with Corps Headquarters in Wash-
                consistent with New Jersey's            others sent a letter to Rep. Gerry      ington, and the Corps indicated
                Coastal Management Program              Studds, Chairman of the House           that its policy is to mitigate all
                (NJCMP). The State's concur-                             13






          FEDERAL CONSISTENCY -
          Aligning Federal Activities with State Coastal Programs



          that its policy is to mitigate all      publishing the ROD, or the State                 SECRETARIAL
          damages to the extent justified and     would treat the draft consistency            APPEAL DECISIONS
          allowed under its regulations and       detenrnination as final. In addition,
          appropriations law. However, if a       the Corps intended to release the               Under CZMA ï¿½ 307(c)(3),
          state wishes to impose mitigation       ROD before the State's 45-day re-       a state's consistency objection pre-
          requirements that go beyond             view period (on the draft determi-      cludes a federal agency from is-
          Corps requirements, or Congress         nation) was completed. As a result      suing a permit for an activity at
          has not otherwise authorized the        of the State's letters and coordi-      issue unless, upon appeal by the
          Corps to fund the mitigation, then      nation between NOAA and Corps           applicant, the Secretary of Com-
          the Corps cannot undertake the          headquarters, the Corps District        merce finds that the activity is ei-
          project. If there are important in-     office delayed issuance of the          ther consistent with the objectives
          terstate or national defense issues,    ROD, but still expects to issue the     of the CZMA (Ground I) or nec-
          the Corps may do the project re-        ROD before the State completes          essary in the interest of national
          gardless of state concerns or ob-       its consistency review. However,        security (Ground H). If the require-
          jections.                               the State may go along with this        ments of either Ground I or
                                                  so long as the Corps assures the        Ground II are met, the Secretary
          California and the Closure of           State that it will provided addi-       must override the state's objection.
          Fort Ord                                tional consistency determinations       In 1992 and 1993, the Secretary
                                                  for later phases of the closing of      issued the following consistency
                  The Corps is in the process     Fort Ord.                               appeal decisions.
          of closing Fort Ord and reviewing
          alternatives for re-use of the site.    Secretary's Decision in a Request       Florida - Appeal of Chevron,
          Fort Ord is a large military base       to Reconsider an OCS Decision           (Chevron Destin Dome
          adjacent to Monterey Bay. The                                                   Decision), January 8,1993
          Corps issued a draft environmen-                On January 8, 1993,
          tal impact statement (DEIS),            former Secretary Franklin issued                Chevron U.S.A., Inc. and
          which contained a draft consis-         a decision in the consistency ap-       others   acquired an interest in
          tency determination. The Corps          peal of Chevron U.S.A., Inc.            Destin Dome Block 97 in 1985 as
          District also informed the State        (Chevron) from an objection by          a result of a successful bid in Outer
          that the record of decision (ROD)       the State of Florida. On February       Continental Shelf (OCS) Lease
          would be issued prior to submit-        26, 1993, the Assistant General         Sale 94. Chevron is the operator
          ting a final consistency determi-       Counsel, Office of the Governor         of the lease, which is located about
          nation stating that the ROD was         of the State of Florida, requested      29 miles from Perdido Key,
          not the final agency action. Cali-      that Secretary Brown reconsider         Florida. In November of 1990,
          fornia notified the Corps prior and     former Secretary Franklin's deci-       Chevron submitted a Plan of Ex-
          subsequent to the issuance of the       sion. Secretary Brown's response,       ploration (POE). for Block 97 to
          DEIS of the need to make a final        dated March 23, 1993, declined to       the Minerals Management Service
          consistency determination before        reconsider former Secretary             of the Department of the Interior.
                                                  Franklin's decision. Secretary          Chevron proposes to drill an ex-
            Secretary Brown declined to           Brown stated that the Chevron           ploratory well to assess natural gas
            reconsider a decision by the          appeal was decided on the merits        reserves, using water-based drill-
              previous administration,            and based on a completely devel-        ing fluids. The State of Florida
              in the State of Florida vs.         oped record, which was weighed          objected to Chevron's POE to con-
                 Chevron U.S.A.,, Inc.            in light of the applicable law and      duct drilling activities on Destin
                                                  regulations.                            Dome Block 97, citing in its ob-

                                                                   14





                                                                                                   FEDERAL CONSISTENCY -
                                                            Aligning Federol Activities with Stote Coostol Progroms




                jection, among other things, the         tially affected coastal habitats and   nental Shelf (OCS) Lease Sale 79.
                state's coastal management plan          resources. Florida also stated that    The lease blocks are located about
                (CMP) policies protecting and pre-       Mobil failed to provide sufficient     170 miles south west of Tampa
                serving potentially affected coastal     information and analyses to dem-       Bay, 135 miles southwest of Fort
                resources. On appeal, the Secre-         onstrate that all of its proposed      Myers, and about 44 miles north-
                tary of Commerce found that the          activities, associated facilities and  west of the Dry Tortugas, Florida.
                Appellant's proposed project sat-        effects are consistent with the pro-   In February of 1988, Union sub-
                isfied all four elements of 15           visions of the state's coastal man-    mitted a Plan of Exploration
                C.F.R. ï¿½ 930.121 and was there-          agement plan. On appeal, the Sec-      (POE) for Blocks 629 and 630 to
                fore consistent with the objectives      retary of Commerce found that          the Minerals Management Service
                or purposes of the CZMA. Al-             Mobil failed to satisfy Ground I       of the Department of the Interior.
                though inconsistent with the             in that the proposed POE's adverse     Union proposes to drill up to three
                state's CMP, Chevron's proposed          effects on the coastal zone out-       exploratory wells to assess the
                exploration may be permitted by                                                 hydrocarbon potential of the two
                federal agencies.                            Secretary of Commerce              lease blocks. The State of Florida
                                                            . declined to override              objected to Union's POE to con-
                Florida - Appeal of Mobil,                  the Florida objection to a          duct drilling activities on Pulley
                (Mobil Pulley Ridge Decision),                                                  Ridge Blocks 629 and 630, citing
                January 7,1993                           proposal by Mobil Exploration          in its objection, among other
                                                         & Producing U.S. Inc. to drill         things, the state's coastal manage-
                        Mobil Exploration & Pro-             four exploratory wells             ment plan (CMP) policies protect-
                ducing U.S. Inc. is the operator of         off the coast of Key West.          ing and preserving potentially af-
                Pulley Ridge Block 799, acquired                                                fected coastal habitats and re-
                in Outer Continental Shelf (OCS)         weigh its national interest benefits.  sources. On appeal, the Secretary
                Lease Sale 79, and located about         The Secretary also found that there    of Commerce found that Union
                59 miles northwest of the Dry            will be no significant impairment      failed to satisfy Ground I in that
                Tortugas islands, 75 miles from the      to a national defense or other na-     the proposed POE's adverse ef-
                nearest Florida mainland (near           tional security interest if Mobil's    fects on the coastal zone outweigh
                Cape Romano), and 120 miles              project is not allowed to go for-      its national interest benefits. The
                west-northwest of Key West,              ward as proposed. Because              Secretary also found that there will
                Florida. In May of 1988, Mobil           Mobil's proposed project did not       be no significant impairment to a
                submitted a Plan of Exploration          meet the requirements of either        national defense or other national
                (POE) for Block 799 to the Min-          Ground I or Ground 11, the Secre-      security interest if Union's project
                erals Management Service of the          tary declined to override the state's  is not allowed to go forward as
                Department of the Interior. Mobil        objection.                             proposed. Because Union's pro-
                proposes to drill four exploratory                                              posed project did not meet the re-
                wells to assess the hydrocarbon          Florida - Appeal of Unocal,            quirements of either Ground I or
                potential of the lease block. The        (Unocal Pulley Ridge Decision),        Ground 11, the Secretary declined
                State of Florida objected to             January 7,1993                         to override the state's objection.
                Mobil's POE to conduct drilling
                activities on Pulley Ridge Block                Union Exploration part-          The Secretary also declined to
                799, citing in its objection, among      ners, LTD., with Texaco Inc., ac-            override an objection
                other things, the state's coastal        quired an interest in Pulley Ridge             by South Carolina
                management plan (CMP) policies           Blocks 629 and 630 as a result of         to a citizen's proposal to fill
                protecting and preserving poten-         a successful bid in Outer Conti-             and permanently alter
                                                                                                          a local wetland.
                                                                          15






          FEDERAL CONSISTENCY-
          Aligning Federal Activities with State Coastal Programs


          South Carolina - Appeal of              including a floating pier with 18         South Carolina objected to a
          Henry Crosby, (Crosby Decision),        slips, extending into the Hudson           farmer's proposed project
          December 29, 1992                       River in Rensselaer, New York.              to fill part of his wetland
                                                  The New York State Department           property and impound another
                  In February of 1989, Mr.        of State objected to the Appellant's      portion to create a livestock
          Henry Crosby (Appellant) applied        proposed project on the ground           watering and irrigation pond.
          to the U.S. Army Corps of Engi-         that it is inconsistent with, among       The state maintained that the
          neers for a permit to place fill        other things, the state's CMP poli-         project was inconsistent
          material in a wetland for the pur-      cies of facilitating the siting of           with South Carolina's
          pose of constructing an impound-        water dependent uses and facili-           coastal management plan.
          ment and installing a water con-        ties on or adjacent to coastal wa-      Appellant's proposed project on
          trol structure. The South Carolina      ters, and CMP policies on activi-       the ground that it is inconsistent
          Coastal Council objected to the         ties in historic areas. In its objec-   with the state's coastal manage-
          Appellant's proposed project on         tion letter, the state identified an    ment plan (CMP) policies provid-
          the ground that it is inconsistent      alternative of constructing a small     ing for the protection of wildlife
          with the state's coastal manage-        dock with eight slips. On appeal,       and fisheries resources from sig-
          ment plan (CMP) policies provid-        the Secretary of Commerce found         nificant negative impacts and for
          ing for the protection of wildlife      that the Appellant's proposed           the protection of freshwater wet-
          and fisheries resources from sig-       project failed to satisfy 15 C.F.R.     lands from significant permanent
          nificant negative impacts and for       ï¿½ 930.121(d) in that the state had      alteration. In its objection letter,
          the protection of freshwater wet-       identified a reasonable, available      the state identified an alternative
          lands from significant permanent        alternative that would be consis-       of constructing a pond on the
          alteration. On appeal, the Secre-       tent with the state's CMR Because       Appellant's upland property. On
          tary of Commerce found that the         the Appellant failed to satisfy         appeal, the Secretary of Com-
          Appellant's proposed project            Ground I and did not plead Ground       merce found that the Appellant's
          failed to satisfy 15 C.F.R.             11, the Secretary declined to over-     proposed project failed to satisfy
          ï¿½930.121 (b). The proposed project      ride the state's objection.             15 C.F.R. ï¿½ 930.121(d) in that the
          would permanently alter wetlands,                                               state had identified a reasonable,
          thus causing loss of normal func-       South Carolina -Appeal of               available alternative that would be
          tions and values, while contribut-      A. Elwood Chestnut, (Chestnut           consistent with the state's CMP.
          ing minimally to the national in-       Decision), November 4,1992              Because the Appellant failed to
          terest. Because the Appellant                                                   satisfy Ground I and did not plead
          failed to satisfy Ground I and did              Mr. A. Elwood Chestnut          Ground 11, the Secretary declined
          not plead Ground 11, the Secretary      (Appellant) owns farmland and           to override the state's objection.
          declined to override the state's        adjacent freshwater wetlands near
          objection.                              the town of Longs, Horry County,        New York - Appeal of
                                                  South Carolina. The Appellant           Claire Pappas, (Pappas
          New York - Appeal of Robert E.          applied to the U.S. Army Corps of       Decision), October 26, 1992
          Harris, (Harris Decision), De-          Engineers for a permit to fill 0.7
          cember 2, 1992                          acres of his wetland property and               In June of 1989, Claire
                                                  to impound another eight acres of       Pappas (Appellant) applied to the
                  In January of 1990, Rob-        his wetland property in order to        U.S. Army Corps of Engineers for
          ert Harris (Appellant) applied to       create a livestock watering and ir-     a permit to construct a wood deck
          the U.S. Army Corps of Engineers        rigation pond. The South Carolina       structure for dining over a canal
          for a permit to construct a dock,       Coastal Council objected to the         as an addition to her seafood res-

                                                                   16





                                                                                                   FEDERAL CONSISTENCY -
                                                             Aligning Federal Activities with State Coastal Programs




                 taurant in Hemstead, New York.          North Carolina. Historically, the       on the Appellant's property in
                 The New York State Department           lot has been subject to erosion and     Hanihan, South Carolina. The con-
                 of State objected to the Appellant's    flooding. In March of 1989, the         struction of the dam would result
                 proposed project on the ground          Appellant applied to the U.S.           in the flooding of an additional 2.5
                 that it is inconsistent with the        Army Corps of Engineers for a           acres of freshwater wetlands. The
                 .state's CMP policies of facilitat-     permit to dredge submerged fill         South Carolina Coastal Council
                 ing the siting of water dependent       adjacent to the property and fill a     objected to the Appellant's pro-
                 uses and facilities on or adjacent      section of the property bordering       posed project on the ground that
                 to coastal waters. In its objection     the lake. The North Carolina De-        it is inconsistent with the state's
                 letter, the state identified alterna-   partment of Natural Resources and       CMP policies of discouraging
                 tives of relocating the proposed        Community Development ob-               projects which require the filling
                 deck to an upland area, making          jected to the Appellant's proposed      or significant permanent alteration
                 more efficient use of existing res-     project on the ground that it is in-    of productive freshwater marsh. In
                 taurant floor space, or adding          consistent with the state's CMP         its objection letter, the state iden-
                 space onto the existing restaurant      policies of protecting areas clas-      tified an alternative of construct-
                 structure. On appeal, the Secretary     sified as conservation areas and        ing a lake on the Appellant's up-
                 of Commerce found that the              discouraging projects which re-         land property. On appeal, the Sec-
                 Appellant's proposed project            quire the filling or significant per-   retary of Commerce found that the
                 failed to satisfy 15 C.F.R. ï¿½           manent alteration of productive         Appellant's proposed project
                 930.121(d) in that the state had        freshwater marsh. On appeal, the        failed to satisfy 15 C.F.R. ï¿½
                 identified a reasonable, available      Secretary of Commerce found that        930.121(d) in that the state had
                 alternative that would be consis-       the Appellant's proposed project        identified a reasonable, available
                 tent with the state's CMP. Because      failed to satisfy 15 C.F.R.             alternative that would be consis-
                 the Appellant failed to satisfy         ï¿½930.12 1 (b). The proposed project     tent with the state's CMP. Because
                 Ground I and did not plead Ground       would eliminate emergent wet-           the Appellant failed to satisfy
                 11, the Secretary declined to over-     lands and associated wildlife habi-     Ground I and did not plead Ground
                 ride the state's objection.             tat, while contributing minimally       11, the Secretary declined to over-
                                                         to the national interest. Because       ride the state's objection.
                 North Carolina -Appeal ofRoger          the Appellant failed to satisfy
                 W. Fuller, (Fuller Decision),           Ground I and did not plead Ground       South Carolina -Appeal ofDavis
                 October 2Y 1992                         11, the Secretary declined to over-     Heniford, (Heniford Decision),
                                                         ride the state's objection.             May 21, 1992
                         Roger W. Fuller (Appel-
                 lant) owns an unimproved lot bor-       South Carolina - Appeal of                      Davis Heniford (Appel-
                 dering one of the Boiling Spring        Yeamans Hall Club, (Yeamans             lant) applied to the U.S. Army
                 Lakes, in Brunswick County,             Hall Decision), August], 1992           Corps of Engineers for a permit to
                                                                                                 place about 7,000 cubic yards of
                   The Secretary also declined to                In May of 1990, Yeamans         fill into 2.5 acres of freshwater
                   override an objection by North        Hall Club (Appellant) applied to        wetlands to construct a Food Lion
                   Carolina to a property owner's        the U.S. Army Corps of Engineers        grocery store, strip mall and adja-
                   proposal to dredge submerged          for a permit to place 5,200 cubic       cent parking lot, located in the
                   fill and to fill another wetland      yards of fill into 0.23 acres of        town of Loris, Horry County,
                   because the proposedproject           freshwater wetlands to create a         South Carolina. The South Caro-
                 would have eliminated emergent          dam across a small stream for the       lina Coastal Council objected to
                   wetlands and wildlife habitat.        purpose of creating a six-acre pond     the Appellant's proposed project
                                                                          17





         FEDERAL CONSISTENCY -
         Aligning Federal Activities with State Coastal Programs



         on the ground that it is inconsis-      that it is in inconsistent with the   construct a 41-foot pier to facili-
         tent with the state's CMP policies      PRPB's CMP policies of discour-       tate convenient water access to his
         of discouraging such projects           aging lateral expansion along the     property located on Culebra Is-
         when there are other feasible al-       coast, discouraging utilization of    land, Puerto Rico. The Common-
         ternatives. In its objection letter,    lands with important natural re-      wealth of Puerto Rico objected to
         the state identified an alternative     sources for urban uses, and pro-      the Appellant's consistency certi-
         of using the available uplands on       hibiting land development and         fication for the proposed project
         the Appellant's property. On ap-        construction in areas affected by     on the ground that it is inconsis-
         peal, the Secretary of Commerce         floods and wave surge. On appeal,     tent with Puerto Rico's coastal
         found that the Appellant's pro-         the Secretary of Commerce found       management program policies
         posed project failed to satisfy 15      that the Appellant's project failed   providing for the protection of sea
         C.F.R. ï¿½ 930.121(b) and (d). The        to satisfy 15 C.F.R. ï¿½ 930.121(a)     turtle habitat.
         proposed project would eliminate        in that the project does not further
         wetlands and associated wildlife        one or more of the competing na-              On appeal, the Secretary of
         habitat, while contributing mini-       tional objectives or purposes con-    Commerce found that the
         mally to the national interest. Fur-                                          Appellant's proposed project
         thermore, the state had identified                                            failed to satisfy 15 C.F.R.
         a reasonable, available alternative        Puerto Rico used CZMA              ï¿½930.12 1 (b). The proposed projec   't
         that would be consistent with the       Federal Consistency to prevent        will adversely affect the natural
         state's CMP. Because the Appel-          a group of local land owners         resources of the coastal zone by
         lant failed to satisfy Ground I and     from acquiring "after the fact"       leading to more boating activity in
         did not plead Ground 11, the Sec-       permits for residences, landfills,    the Tamarindo Bay area which
         retary declined to override the         piers and bulkheads in areas          could degrade sea turtle habitat
         state's objection.                        that held important natural         and potentially harm endangered
                                                         resource value.               and threatened sea turtles feeding
         Puerto Rico - Appeal of the                                                   on seagrass in the vicinity. These
         Asociaci6n de Propietarios de                                                 adverse effects on the natural re-
         Los Indios, (Los Indios Decision),      tained in CZMA ï¿½ï¿½ 302 or 303.         sources of the coastal zone are
         February 19,1992                        The Secretary also found, that the    substantial enough to outweigh
                                                 project is not necessary in the in-   any minimal contribution of the
                 The     Asociaci6n        de    terest of national security. Because  project to the national interest.
         Propietarios de Los Indios (Appel-      the Appellant failed to satisfy ei-   Because the Appellant failed to
         lant), a committee of landowners        ther Ground I or Ground 11, the       satisfy Ground I and did not plead
         located in the Los Indios Sector,       Secretary declined to override the    Ground 11, the Secretary declined
         Las Mareas Ward, Salinas, Puerto        PRPB's objection.                     to override Puerto Rico's objec-
         Rico, applied to the U.S. Army                                                tion.
         Corps of Engineers for after-the-       Puerto Rico - Appeal of
         fact permits to authorize already-      Jorge L. Guerrero- Calderon
         completed or nearly -completed          (Guerrero- Calderon Decision),
         residential structures, landfills,      March 5,1993                              Seven of the Secretary's
         piers and bulkheads, and to main-                                                    12 appeal decisions
         tain a private road on their proper-          In August of 1988, Mr.                 declined to override
         ties. The Puerto Rico Planning          Jorge L. Guerrero-Calderon (Ap- objections by states, reinforcing
         Board (PRPB) objected to the            pellant) applied to the U.S. Army      coastal management policies
         Appellant's project on the ground       Corps of Engineers for a permit to that protect wetland ecosystems.

                                                                18





                                                                                   COASTAL ZONE MANAGEMENT FUND







                         he Coastal Zone Act Re-
                 authorization Amendments of
                 1990 (CZARA), replaced the
                 Coastal Energy Impact Fund with
                                                                                                                               M,
                 the Coastal Zone Management
                 Fund, created by new section 308                                                                               R
                 of the CZMA. The CZM Fund,
                 consisting of loan repayments
                 from the Coastal Energy Impact
                 Program, provides funding for a
                 number of specified purposes: ad-
                 ministration of the coastal zone
                 management program, regional
                 and interstate projects, demonstra-
                 tion projects for improving coastal
                                                                       e 1@1@
                 zone management, emergency                      I
                                                                                         e"t
                 grants for unforeseen or disaster-
                 related circumstances, awards rec-       Wisconsin coastal managers used CZMfunds obtained through an
                 ognizing excellence in coastal           enhancement grant to increase public access in Kenosha.
                 zone management, program devel-
                 opment grants authorized by sec-
                 tion 305, and investigation and        thorized NOAA to spend $7.8 mil-       regional or interstate demonstra-
                 application of the public trust doc-   lion from the CZM fund. The en-        tion projects through grants to
                 trine through state coastal manage-    tire appropriation funded state as-    state CZM programs and estuarine
                 ment programs.                         sistance grants under section 306.     research reserves. Approximately
                                                                                               20 percent will be used to further
                         During the biennium, the               Looking to the future, the     national objectives by providing
                 CZM Fund, appropriated by Con-         budget allocation for the CZM          support for national, international,
                 gress, funded the section 309 en-      Fund in fiscal year 1994 rose dra-     and regional meetings having di-
                 hancement grant program at Con-        matically from the previous two        rect impact on programs created
                 gress' direction, section 306 state    years, allowing NOAA to fund           under the CZARA; funding na-
                 assistance grants, and section 305     projects benefitting state coastal     tional program assessment studies
                 program development grants.            zone management programs and           and ocean management studies;
                                                        programs within the National Es-       and developing a national plan for
                         In fiscal year 1992,     the   tuarine Research Reserve System.       education and outreach. The're-
                 Fund primarily supported         en-   Of the total $7.8 million available    maining 10 percent will fund sec-
                 hancement grants to approved           in fiscal year 1994, $3.5 million      tion 305 program development
                 state coastal management pro-          will be used for program adminis-      grants for states entering the
                 grams under section 309. Of the        tration expenses, with the remain-     coastal zone management pro-
                 $6.0 million appropriated by Con-      der devoted to the other purposes.     gram, as well as fund emergency
                 gress, $5.6 million funded en-                                                grants to state coastal management
                 T











































                 hancement grants. The other $0.4               Though the figures are still   agencies for response to hurri-
                 million funded, in part, a state as-   preliminary, NOAA proposes to          canes, floods, and other natural
                 sistance grant to American Samoa.      devote approximately 70 percent        disasters.
                 In fiscal year 1993, Congress au-      of the remaining $4.3 million for

                                                                         19





         COASTAL ZONE ENHANCEMENT PROGRAM
         Encouraging Improvement ond Innovation



                      ramatic population              Eight Enhancement Areas                       The enhancement program
         growth along the U.S. coastlines                  Under Section 309                encourages states to achieve these
         brings new challenges to manag-                                                    objectives by strengthening their
         ing national coastal resources -                     to protect, restore, or en-   coastal management programs
         challenges in protecting life and                    hance the existing            with new laws, regulations, or
         property from natural hazards; in                    coastal wetlands base,        other enforceable mechanisms to
         settling conflicts between such                      or create new coastal         provide greater protection for
         competing needs as dredged ma-                       wetlands;                     coastal resources.
         terial disposal, commercial devel-
         opment, recreational uses, national                  to prevent or signifi-        Identifying States'llWority Issues
         defense needs, and port develop-                     cantly reduce threats to
         ment; and in protecting coastal                      life and destruction of               In 199 1, states put a great
         wetlands and habitats while ac-                      property by eliminating       deal of effort into assessing the
         commodating needed economic                          development or redevel-       status of their coastal resources
         growth.                                              opment in high hazard         and determining how to improve
                                                              areas and managing de-        the management of those re-
                       Targeting                              velopment in other haz-       sources. The states sought public
            National Coastal Priorities                       ard areas;                    input to help them identify the
                                                                                            most pressing coastal issues fac-
                  In 1990, to meet mounting                 e to increase opportunities     ing their coasts and the best ways
         public concern for the well-being                    for public access to          to tackle those issues. Many states
         of the nation's coastal resources,                   coastal areas;                used surveys, coastal commission
         the Congress created a new pro-                                                    or citizen advisory group meet-
         gram under section 309 of the                      - to reduce marine debris       ings, which are open to the pub-
         Coastal Zone Management Act                          in the coastal and ocean      lic, as well as information docu-
         (CZMA) of 1972 to encourage                          environment;                  ments to aggressively solicit pub-
         states to address coastal issues of                                                lic input in identifying states'
         national significance. The new                     - to assess the cumulative      coastal enhancement priorities.
         Coastal Zone Enhancement Pro-                        and secondary impacts
         gram provides additional incen-                      of population growth                  Each state developed an
         tives for states to make program                     and urban development         "assessment" based on the infor-
         changes in any of eight national                     around the coast;             mation collected during the
         interest enhancement objectives.                                                   scoping process. The assessments
                                                            - to identify and develop       examined how the state is address-
                                                              plans to manage coastal       ing each of the enhancement ob-
                                                              areas with special            jectives, the significance of each
                                                              needs;                        ssue for the state, and the oppor-
                                                                                            tunities for the state to improve
           V
                                                              to plan wise use of ocean     performance in the enhancement
                                              N.ZK UP i       resources; and                areas. States used the assessment
                                                                                            to prioritize the improvements
                     i "D
                                                              to help in placing energy     needed in state coastal manage-
                                                              facilities and govern-        ment programs within the eight
                                                              ment facilities along the     enhancement areas.
                                                              coast.


                                                                    20





                                                                               COASTAL ZONE ENHANCEMENT PROGRAM -
                                                                                  Encouroging Improvement ond Innovation




                           Coastal state participation       Developing a Multi- Year Strategy           ranking. OCRM reviewed the
                  in the effort was high; 27 of the                                                      strategies and assigned new
                  eligible 29 coastal states and U.S.                 After setting priority man-        weighting factors. All together, the
                  island territories submitted assess-       agement issues within the eight             states' strategies showed a broad
                  ments in January 1992. Most states         enhancement areas, each state de-           range of projects to achieve the en-
                  concentrated on four of the en-            veloped a multi-year strategy for           hancement objectives - a true
                  hancement objectives, but did not          achieving the goals set out in the          reflection of the unique character
                  rank them. The most frequently             assessment. In the strategy, each           of each state and each state's
                  identified areas were: protecting          state identified program changes            coastal program.
                  coastal wetland resources; manag-          that would bring the state closer
                  ing cumulative and secondary im-           to its goals in the priority areas                       Allocating
                  pacts of coastal growth; increas-          identified in the assessment. The               Enhancement Resources
                  ing opportunities for public access        states then worked to bring about
                  to the shore; and reducing threats         these changes. States used their                    Section 309(f) of the
                  to life and property from natural          strategies in developing enhance-           CZMA requires that between 10
                  hazards. Of the 27 assessments             ment grant proposals for fiscal             percent and 20 percent of the
                  submitted, OCRM approved 23 in             year 1992 and will continue to use          amount appropriated for sections
                  fiscal year 1992. The four remain-         them in subsequent years.                   306 and 306(a) be set aside each
                  ing states revised their assessments                                                   year to implement the new en-
                  and received OCRM's approval in                     OCRM approved the 23               hancement grants program. Figure
                  fiscal year 1993. By the end of fis-       strategies submitted in fiscal year         I depicts the distribution of
                  cal year 1993, all eligible coastal        1992 and assigned each a weight-            CZMA funding between sections
                  states were participating in the sec-      ing factor to determine each state's        306, 305, and 309.
                  tion 309 enhancement grants pro-           funding. OCRM approved the re-
                  gram. A summary of individual              maining four state strategies in fis-               OCRM used two methods
                  state priorities by enhancement            cal year 1993. Five states also re-         to allocate enhancement grant
                  area can be found in the Appen-            vised their strategies and submit-          funds: a weighted formula ap-
                  dix.                                       ted the revisions to OCRM for re-           proach based on an evaluation of
                                                                                                         each state's strategy, and an assess-
                                                                                                         ment of individual projects of spe-
                                  Enhancement Areas Selected*                                            cial merit. The weighted formula
                                                                                                         funding gives states a predictable
                          3 0--                                                                          level of funding to undertake
                          2 5--                                                                          projects necessary to achieve the
                                                                                                         benchmarks listed in their strate-
                          2 0--
                                                                                                         gies. Under the weighted formula
                          1 5--                                                                          approach, OCRM calculates
                          1 0--                                                                          weighted formula funding targets
                                                                                                         for each state by multiplying the
                           5
                                                                                                         state's coastal zone management
                                                                                                         award under section 306 by a

                                                                                                                                            0
                                   OkZ                                       be      ot,                 weighting factor" derived fr Eft
                                      V,                           6,            P       410             OCRM's evaluation of the state's
                                                      C1,
                                                                                                         strategy. The most funding

                          can choose multiple areas

                                                                                21





         COASTAL ZONE ENHANCEMENT PROGRAM
         Encouraging Improvement and Innovation




         awarded to a state using the                      Results of the                        Through the enhancement
         weighted formula in FY92 and                 Enhancement Program               program, states reaped greater
         FY93 was $273,600, while                                                       dividends than the actual sum of
         $52,800 was the least amount. Fig-              Coastal states and OCRM        funding for the projects. The pro-
         ures for each state can be found in     have put tremendous effort into        gram enabled the states and
         table F of the Appendix.                implementing the enhancement           OCRM to identify priority coastal
                                                 grants program. For the first time     management areas, provided an
                 Allocating money for            since CZMA program approval            incentive for states to evaluate
         projects of special merit gives         regulations were issued in the late    ways to improve their programs,
         states an opportunity to be inno-       1970's, OCRM provided national         and allowed the states to develop
         vative and undertake projects that      guidance on specific management        and implement a multi-year strat-
         will demonstrate improvements in        objectives for each of the eight       egy to address the priority areas.
         achieving coastal zone enhance-         enhancement areas. States re-          The assessment process strength-
         ment objectives. Enhancement            sponded with detailed assessments      ened the public's role in coastal
         projects will also provide models       of their priority needs for improve-   zone management and enabled
         transferable to other states. States    ment and produced multi-year           states to set priorities which will
         compete annually for funding to         strategies to achieve the needed       guide their programs in future
         undertake projects of special           improvements. Several states used      years. OCRM firmly believes that
         merit; only the highest ranked          the assessment process to exam-        the enhancement program and the
         projects are approved. The follow-      ine coastal management issues          individual proposals funded in fis-
         ing table shows funding awarded         beyond the eight enhancement ar-       cal yeafs:1992 and 1993 provide
         for projects of special merit (PSM)     eas. Many states even used CZMA        the foundation for substantial im-
         in fiscal years 1992 and 1993,          section 306 implementation funds       provements in the way states man-
         listed by enhancement area. The         to address issues identified in their  age coastal resources in the eight
         majority of PSM funding sup-            assessments and strategies for         enhancement areas.
         ported program enhancements in          which enhancement funds were
         cumulative and secondary impacts        not available.
         and coastal hazards.                       FIGURE I
                 Of the $5,603,800                               Distribution of CZM Funding*
         awarded in fiscal year 1992 for
         section 309, $2,226,000 was
         awarded to 27 of the 119 compet-                   FY 1992                                     FY 1993
         ing Projects of Special Merit. Of
         the $5,696,000 OCRM awarded in
         fiscal year 1993, $1,742,800 went                   13%                                   14%
         to 17 of the 5 1 competing projects               %                                   2%
         of special merit. The largest award                     V
         in FY92 and FY93 to any one state
         was $215,000 and $201,000, re-                       H
         spectively. For a summary of state         ED Sec. juti
         funding under the weighted for-                                                                     "4!4
         mula and for projects of special           E Sec. 305
         merit in FY92 and FY93, (See               El Sec. 309              86%                                    84%
         table F in the Appendix.)                                                  Distribution excludes Section 6217funding
                                                                  22





                                                                                                        TECHNICAL ASSISTANCE -
                                                                                                       Supporting State Programs




                              OAA recognizes the            project that will benefit coastal         ity of the environment in the
                  growing need for technical assis-         research in the areas of environ-         Charleston Harbor estuary;
                  tance and infon-nation transfer to        mental impact assessment and sus-
                  state and local governments to            tainable development. In the area         - to maintain the range of uses of
                  support coastal management ef-            of coastal hazard mitigation,             waters and natural resources of the
                  forts. NOANs efforts take many            NOAA continues to assist states           Charleston Harbor estuary system;
                  shapes, ranging from conducting           in developing and improving
                  workshops and projects to produc-         coastal hazard programs by col-           - to develop a model for the sus-
                  ing technical bulletins and quar-         lecting and disseminating maps            tainable development and man-
                  terly information "exchanges."            and other technical information to        agement of estuarine resources;
                  OCRM provides technical assis-            the states, and through grants to         and
                  tance to states to enhance manage-        states following coastal storms. A
                  ment-oriented research necessary          brief description of these projects       - to develop management pro-
                  to support CZM program develop-           follows.                                  grams to reduce/minimize
                  ment and implementation. In spe-                                                    nonpoint source pollution within
                  cial area management planning,            Charleston Harbor Project                 the Charleston estuary drainage
                  NOAA continued funding for the                                                      basin.
                  Charleston    Harbor project -        a           The purpose of the
                                                                          Charleston Harbor           The Charleston Harbor Project is
                                                                      4M  Project is to develop a     using a proactive approach to ad-
                                                                          Special Area Manage-        dress potential problems before
                                                                     T3, @,t
                                                                          ment Plan (SAMP)            adverse impacts occur.
                                                                          for the Charleston
                                                                          Harbor estuary area.                 NOAA began funding
                                                                          Under the direction of      project planning in 1990 and
                                                                          the South Carolina          implementation in 1991. In the
                                                                          Coastal Council, the        first year, the Project developed an
                                                                          project's overriding        organizational framework to coor-
                                                                          objective is to develop     dinate the many participants and
                                                                          and         implement       determine the status of the area's
                                                                          growth management           resources. "A Physical and Eco-
                                                                          guidelines that will        logical Characterization of the
                                                                          promote sustainable         Charleston Harbor" resulted from
                                                                          development around          the initial efforts. In 1991, the
                               :114111il-,                                the estuary, while pro-     Charleston Harbor Project began
                                                                          tecting the estuary's       selecting and prioritizing research
                                                                          rich natural and cul-       projects -giving priority to those
                                                                          tural resources. Four       that provided fundamental re-
                                                                          primary goals guide         source management information
                                                                          this effort:                and/or provided information vital
                                                                                                      for future resource management
                                                                             to develop and           projects.
                                                                          implement a manage-
                  N








































                   In North Carolina, hazard mitigation means             ment plan to maintain                In 1992, the project began
                   addressing coastal erosion.                            and enhance the qual-       characterizing important cultural

                                                                              23





          TECHNICAL ASSISTANCE -
          Supporting State Programs



          and living resources within the       development of communication           NOAA seeks to achieve this goal
          study area. Building on experience    with local governments.                through state coastal management
          that water quality typically de-                                             programs, and has placed increas-
          clines with increasing urban                  The information gathered       ing emphasis on improvements in
          growth and that excessive nutri-      through research projects con-         this area through the Coastal Zone
          ents cause this decline in water      ducted in the past two years, on-      Enhancements Program. NOAA
          quality, the project identified nu-   going projects, and new projects       assists states with technical assis-
          trient enrichment as the primary      beginning in the next year or two,     tance in the area of coastal haz-
          water quality concern in the Har-     will contribute to a management        ards through various activities, in-
          bor. The project identified toxic     plan for the greater Charleston        cluding participation on mitigation
          contamination as an important, but    Harbor area. As a model for the        teams, information sharing, and in
          secondary water quality concern.      sustainable development and man-       limited cases, by using discretion-
                                                agement of estuarine resources,        ary funding to conduct post-storm
                                                the Charleston Harbor project will     research for use in coastal hazard
            Charleston Harbor Project           provide useful information for         planning efforts.
           Funding included $1,500,000          other state CZM programs.
           in federalfunds for 1992 and                                                For example, in 1993, NOAA was
                 $960,000 for 1993.             Coastal Hazard Mitigation              able to award funding to Hawaii
                                                                                       to complete its storm assessment
                                                        The CZMA declares a na-        and mitigation efforts following
                  Research studies in 1992      tional policy for minimizing the       Hurricane Iniki. This project in-
          focused on nutrient loadings in the   loss of life and property caused by    cluded a review of the factors that
          Harbor from point and nonpoint        inappropriate development in ar-       caused overwash and affected the
          sources, nutrient dynamics in the     eas prone to erosion and flooding.     coral reefs and the 1 00-year flood
          surface water, nutrient loading
          rates from upland development
          patterns, and the efficiency with
          which current storm water best
          management practices (BMPs)
          manage nutrients. In addition,                                                                           14
          studies were conducted. on the ef-                                                                       @1'
          fect of contaminated sediments.


                 In 1993, the Charleston
          Harbor project continued to select
          research proposals designed to
          understand the relationships be-
          tween land use changes, impacts
          to water quality, and impacts to
          living resources. The 1993 re-         The CZMA encourages states to restrict development in hazardprone areas, such
          search projects have been chosen       as eroding shorelines like this one, and to direct permitted construction behind
          to work toward at least one of the     natural barriers, such as dunes.
          following objectives: characteriza-
          tion of the watershed, develop-
          ment of management tools, and

                                                                 24





                                                                                                  TECHNICAL ASSISTANCE -
                                                                                                 Supporting State Programs




                zone in five populated locations on     mation necessary for state and fed-             NOAA's OCRM also pro-
                Kauai.                                  eral agencies to respond to coastal     vides technical assistance through
                                                        hazards. NOAA is currently en-          the Coastal Zone Information
                        NOAA assists state efforts      gaged in two pilot projects, in         Center (CZIC). Established in
                in coastal hazards planning and         Califomia and Massachusetts, to         1974, the center houses a unique
                mitigation by working with the          assess ways that NOAA mapping           collection of information about the
                Federal Emergency Management            products can be used by states for      nation's coasts and the various
                Agency (FEMA) on post-hazard            management purposes.                    approaches to managing coastal
                mitigation teams, and exercising                                                resources. The collection includes
                its responsibilities with other fed-            During the biennium,            over 4,000 state CZM work prod-
                eral agencies. Interagency Hazard       OCRM produced' a technical bul-         ucts and over 25,000 books, docu-
                Mitigation Teams identify and           letin on the Coastal Zone En-           ments, periodicals, maps and at-
                evaluate areas having significant       hancements Program, highlighting        lases on ocean and coastal related
                hazards; review existing land use       the ongoing work of states in con-      topics. NOAA staff, university re-
                regulations, building codes/con-
                struction standards, communica-
                tions and utility networks, and ex-
                isting hazard mitigation programs
                and authorities; recommend ac-
                tions to prevent flooding and dam-
                                                                     11"  Ztq @@k
                age from future storm events; and
                coordinate actions to implement
                the team's recommendations.
                CRM staff participated with
                FEMA on Interagency Hazard
                Mitigation Teams in Hawaii fol-
                            -ricane Iniki in Septem-
                lowing Hur                                               IRM
                                                                       4ft 49mp,@
                ber 1992 and in New York follow-
                ing the December 1991 storm.                                     . ..... .

                Information Sharing

                        As part of the agency's
                day-to-day operation, NOAA pro-         fronting pressing coastal issues. In    searchers, teachers, and the gen-
                vides states with technical infor-      addition, OCRM produced several         eral public use CZIC's collection
                mation that is valuable in creating     editions of the Information Ex-         and services.
                and strengthening coastal hazards       change, a quarterly document
                programs. In the course of devel-       spotlighting the latest in policy and           Over the next several
                oping nautical charts and other         science developments ftom               years, NOAA expects to expand
                map products, NOAA creates              NOAA and other federal agencies         its technical assistance progams
                products that states can use to         and featuring ongoing efforts of        and services for state management
                identify and map shoreline change       states to better manage coastal re-     efforts.
                and coastal resources, such as          sources.
                natural protective features, devel-
                opment patterns, and other infor-

                                                                 25






          PROGRAM EVALUATION -
          Strengthening Section 372




                  he program evaluation                  With a final rule issued      public meeting(s) on evaluations;
          process - a fundamental manage-       July 14, 1992, NOAA revised its        written responses in the findings
          ment tool of the Coastal Zone         regulations for conducting reviews     document to all written comments
          Management Act -.is the primary       of performance under section 312       received on the evaluation; and
          means by which NOAA assures           of the CZMA to incorporate             completion of the final evaluation
          the continued adherence of the 29     changes from the 1990 amend-           findings within 120 days of the last
          federally approved state coastal      ments. Those changes served to:        evaluation public meeting in the
          zone management (CZM) pro-                                                   state. The regulations provide a
          grams and 22 designated National             increase opportunities for      flexible and phased approach for
          Estuarine Research Reserves                  public participation in re-     invoking the new interim sanc-
          (NERRs) to CZMA programmatic                 views of state CZM pro-         tions. Also, recognizing the flex-
          requirements. The Coastal Zone               grams and estuarine re-         ibility given to states under the
          Act Reauthorization Amendments               serves;                         CZMA in meeting the goals of the
          of 1990 strengthened NOAA7s                                                  Act, NOAA:s regulations provide
          ability under the section 312 evalu-         provide  timelines for com-     "indicators of non-adherence" for
          ation process to ensure that all             pleting final evaluation find-  both CZM programs and estuarine
                                                       ings; and                       reserves, rather than rigid nation-
                                                                                       wide performance standards.

                                                                        _7
                                                                                               Interim Sanctions


                                                                                               The use of interim sanc-
                                                                                       tions provisions gives NOAA a
                            VP                                                         tool to require states or reserves
                                                                                       to correct partial non-adherence
                                                                                       problems, short of terminating
                                                                                       state coastal management pro-
                                                                                       grams or de-designating reserves.
                                                                                       NOAA's flexible approach is
                                                                                       based on mandatory recommenda-
                                                 L
                                                                                       tions (called Necessary Actions)
                                                                                       during section 312 evaluations to
                                                                                       correct adherence-related prob-
                         74


          state CZM and NERR programs                  provide    proce-
          are adhering to the national pro-            dures and perffor-
          grams, particularly by authorizing           mance indicators
          the use of interim sanctions. By             for new interim
          placing a state or site on interim           sanction provi-
          sanctions, NOAA may withhold                 sions.
          program funding until all neces-
          sary actions have been completed              NOAA:s regula-
          to bring the program into adher- tions now require a 45-
          ence with the CZMA.                   day advance notice of


                                                                         26





                                                                                                   PROGRAM EVALUATION -
                                                                                                   Strengthening Section 312



                lems, and, if warranted, a finding                                                     ere, t6urunt, is'a V@i@i i@dwtry,
                that a state or reserve is "not fully
                adhering" to its approved CZM                                                   001
                                                                                                  Z,
                program or reserve management
                plan.
                                                                                                ni  nt'12@Ti-@`;
                                                                                                                          Tl@
                         Before making such a
                finding, NOAA regulations re-
                                                                                                       5@
                quire that the state be given ample                                                                                  j
                notice and opportunity to rebut the
                finding. In the case of a final find-
                ing that the program is not fully
                adhering," the regulations allow
                NOAA to either invoke interim






                                                                                                                      dim .11


                                      N@T
                          0                                         Interim Sanctions           tem (see page 101     for additional
                                                                        in Practice:            information on this request).
                                                           W."ME


                                      Al
                                                                 In the three years since the            In September, 1993, the
                                                        W
                                                                            authorizing in-     Coastal Ocean Policy Roundtable
                                                                provision
                                                                terim sanctions has been in     (COPR), an informal group of ex-
                                                                effect, NOAA has placed         ternal experts on coastal zone
                                                                one estuarine reserve,          management, issued a report on
                                                                Waimanu. Valley (HI), on        the Section 312 evaluation pro-
                1P,
                                                                interim sanctions, and four     cess. The report makes 10 recom-
                                                                state CZM programs and          mendations for improving the
                                                                three estuarine reserves on     evaluation process, streamlining
                                                                work programs to correct        CZMA reporting requirements,
                                                                adherence problems. One         developing on-the-ground perfor-
                                                                state CZM program,              mance measures, and using infor-
                                                                Florida, has completed all      mation from evaluations for edu-
                                                                of the actions necessary to     cational and technical assistance
                sanctions immediately or to pro-        return to full adherence, and has       purposes. NOAA proposes to
                vide a period of time     to accom-     substantially strengthened its pro-     implement the COPR recommen-
                plish specific tasks that would cor-    gram in this process. However the       dations on a priority basis, reflect-
                rect the problems before NOAA           State of Hawaii has recently re-        ing available staff resources and
                decides whether to invoke interim       quested that the Waimanu Valley         the need- for further policy and le-
                sanctions.                              National Estuarine Research Re-         gal review of some of the recom-
                                                        serve be withdrawn from the sys-        mendations.


                                                                 27






          AWARDS PROGRAM
          Recognizing Excellence in Coastal Zone Management




                  n 1992, the Nation cel-
          ebrated 20 years of ocean and
          coastal resource management un-                      f
          der the National Coastal Zone
          Management Program, the Na-
          tional Estuarine Research Reserve
          System and the National Marine
          Sanctuary Program. These pro-
          grams allow NOAA to work
          closely with states, U.S. island ter-
          ritories, and local governments to
          confront pressing ocean and
          coastal issues.


                  To celebrate the anniver-
          sary, NOAA sponsored an awards
          program, created under the 1990                 NOAA also selected              rine research reserves. In addition
          Coastal Zone Act Reauthorization        award recipients in five other cat-     to developing an education pro-
          Amendments, to honor people and         egories. The South Carolina             gram that reaches over 11,000
          government agencies across the          Coastal Council received an award       people each year, Lytton rallied
          country who dedicated countless         for "Excellence in Coastal Zone         support for the reserve and imple-
          hours and energy striking a bal-        Management." The Council is rec-        mented numerous resource man-
          ance between protection and de-         ognized as a national leader in pro-    agement activities, such as replant-
          velopment along the Nation's            gressive coastal zone management        ing mangroves and rescuing in-
          95,000 miles of coastline.              programs. The award cited South         jured manatees.
                                                  Carolina's aggressive beachfront
                  On Sept. 29,1992, NOAA          management program that uses                     Billy Causey of the Florida
          hosted the "First Awards for Ex-        science to justify building away        Keys National Marine Sanctuary
          cellence in Coastal, Marine, and        from the shoreline, an innovative       received an award for "Excellence
          Estuarine Management" to cel-           storm water protection program to       in Marine Sanctuary Manage-
          ebrate the work of 17 leaders           reduce pollution in coastal waters,     ment" for his extraordinary energy
          across the country. The agency          and a model freshwater wetland          and ingenuity in reef damage as-
          also honored, posthumously,             permit program that addresses the       sessment, environmental monitor-
          House Merchant Marine and Fish-         concerns of environmentalists and       ing, research project identification
          eries Chairman Walter B. Jones.         developers.                             and education at the Florida Keys
          A "Coastal Steward of the Year"                                                 sanctuary.
          award honored Sarah Chasis, a                   An award for "Excellence
          senior attorney at the Natural Re-      in Estuarine Reserve Manage-                     NOAA also presented
          sources Defense Council and a co-       ment" went to Gary Lytton of the        awards to five local government
          founder of the Coast Alliance.          Rookery Bay National Estuarine          agencies for significant and inno-
          Chasis was honored for two de-          Research Reserve in Naples,             vative implementation of coastal
          cades of work fighting for coastal      Florida. In just over two years,        zone management principles. The
          resource protection, primarily as       Lytton transformed a relatively         Town of Brunswick, Maine, Plan-
          a leader of the national effort to      inactive site into one of the           ning Department was recognized
          solve the problem of nonpoint           country's premier national estua-       for its precedent- setting zoning
          source pollution of coastal waters.                               28            code that incorporated sophisti-





                                                                                                         AWARDS PROGRAM -
                                                             Recognizing Excellence in Coostol Zone Monogement



                cated water quality management            identifying marine debris. Gradu-       $3.3 million for the Wells National
                for the Waquoit Bay watershed.            ate student David Jansen of the         Estuarine Research Reserve in
                Jim Stadler, city clerk for               University of Washington was also       Maine, and Texaco Exploration
                Kewaunee, Wisconsin, was hon-             honored for his. studies on public      and Production Co., Inc., of New
                ored for his 12-year effort to revi-      access and efforts to educate de-       Orleans, Louisiana, for its coop-
                talize Kewaunee's deteriorating           cision-makers on the public trust       erative efforts in the creation of the
                waterfront and for publishing Re-         doctrine, as well as Ilka Feller of     Flower Garden Banks National
                vitalization of a Small City Water-       Georgetown University in Wash-          Marine Sanctuary in the Gulf of
                front: Focus on Finances. John            ington, D.C., for developing a          Mexico.
                Patton of Santa Barbara, Califor-         teacher training program in coastal
                nia, was honored for his work on          education geared specifically at                 Over 300 people attended
                the onshore impacts of offshore oil       educating the citizens of Belize.       the awards ceremony, which took
                development. Also honored for                                                     place at the Smithsonian
                their coastal programs were                       Specials awards were also       Institution's National Museum of
                Sebastian Inlet Tax District of           presented to Barbara Fegan of           Natural History. The reception that
                Indialantic, Florida, - the state's       South Wellfleet, Massachusetts,         followed the program gave attend-
                first local government to develop         the founder of the annual               ees to the opportunity to exchange
                and implement a comprehesive,             Coastweeks celebration, for her         ideas and discuss the projects hon-
                long-range, coastal management            volunteer work; the Laudholm            ored during the ceremony. OCRM
                plan and comply with Florida's            Trust in Wells, Maine, a philan-        plans to begin work on the next
                beach management act - and the            thropic organization, for raising       awards program in the near future.
                City of Newburgh's Community
                Development Agency in New York                           Award Recipients
                for developing model land use             Coastal Steward of the Year
                plans for the state on capital               Sarah Chasis, Natural Resources Defense Council
                projects along the coast, protect-        Excellence in Coastal Zone Management
                ing critical natural or cultural re-         The South Carolina Coastal Council
                sources, and revitalizing deterio-        Excellence in Estuarine Reserve Management
                rated waterfronts.                           Gary Lytton, Rookery Bay National Estuarine Research Reserve
                                                          Excellence in Marine Sanctuary Management
                         NOAA also honored five              Billy Causey, Florida Keys National Marine Sanctuary
                                                          Excellence in Coastal and Marine Graduate Study
                graduate students for new or im-             E. Laurence Libelo, College of William and Mary
                proved approaches in coastal zone            Helen Talge, University of South Florida
                management study. The student                Joan Boomsma, Florida Institute of Technology
                recipients were E. Laurence                  David Jansen, University of Washington
                Libelo of the College of William             Ilka Feller, Georgetown University
                                                          Excellence in Local Government
                and Mary in Virginia for his work            Amy Naylor, Planning Department, Brunswick, Maine
                monitoring ground water pollution            Jim Stalder, City Clerk, Kewaunee, Wisconsin
                around Chesapeake Bay; Helen                 Bob McKenna Community Development Agency, Newburgh, NY
                Talge of the University of South             John Patton, Resource Management Department,
                Florida for her research on how                   Santa Barbara County, California
                                                             Richard Giteles, Sebastian Inlet Tax District Commission,
                recreational divers affect fragile                Indialantic, Florida
                coral reefs, and Joan Boomsma of Administrator's Awards for Coastal Leadership
                the Florida Institute of Technology          Barbara Fegan, League of Women Voters
                for her work on sampling and                 Laudholm Trust
                                                             Texaco Exploration and Production, Inc.

                                                                  29





          NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM
          Building Blocks for Coostol Monagernent




                    he National Estuarine            veloped by NOAA to reflect re-            sity, qualified public or private in-
          Research        Reserve        System      gional variations in the nation's         stitution, individual, coastal state
          (NERRS) protects hundreds of               coastal zone. A goal of the Sys-          or U.S. territory to conduct re-
          thousands of acres of estuarine            tem is to have at least one site rep-     search within the reserves. Re-
          waters, marshes, shorelines, and           resenting each of the 27 biogeo-          search funds support manage-
          adjacent wetlands throughout the           graphic regions and subregions.           ment-related research that will
          country. Incredibly rich and di-           There are now 23 approved sites           enhance scientific understanding
          verse, estuaries are among the             in the National Estuarine Research        of estuarine environments within
          most productive natural places on          Reserve System.                           the reserve system, provide infor-
          earth. Ecologists have found that                                                    mation needed by reserve manag-
          estuaries produce more food per                     Coastal states, with finan-      ers and coastal zone management
          acre than the best midwestern              cial assistance through federally         program decision makers, and
          farmland. The estuaries also help          funded matching grants, own,              improve public awareness of es-
          maintain water quality, prevent            implement and administer Na-              tuaries and estuarine management
          erosion, provide flood control,            tional Estuarine Research Reserve         issues.
          serve as fish and wildlife habitat,        sites. Each site develops and
          and provide recreational opportu-          implements research and monitor-                NOAA awarded 12 competi-
          nities.                                    ing programs, education and out-          tive research grants in fiscal year
                                                     reach programs, and       builds and      (FY) 1992, focusing on several
                    The NERRS program,                                                           different estuarine issues.
          established by Congress in 1972                                                        NOAA along with the National
          through section 315 of the
                                                                                                 Science Foundation and the U.S.
          Coastal Zone Management Act,                                                           Evironmental             Protection
          was designed to establish and                                                          Agency, also continued to sup-
          manage a national system of es-                                                        port a Land Margin Ecosystem
          tuarine research reserves through                                                      Research (LMER) project in
          federal-state cooperation. The                                                         Waquoit Bay to study nutrient
          objectives of the reserves are to:                                                     transport through the watershed.
          provide opportunities for long-
          term estuarine research and                                                               Beginnning in FY 1993,
          monitoring by serving as natural           operates visitor centers, interpre-       NOAA instituted a system of fo-
          field laboratories; provide oppor-         tive facilities, and other facilities     cused research objectives. NOAA
          tunities for estuarine education           that are appropriate for bringing         chose as the primary research ob-
          and interpretation; provide a ba-          the public and researchers to the         jective for a 10-year period the
          sis for more informed coastal man-         site.                                     study of natural and human-in-
          agement decisions; and promote                                                       duced change in the ecology of
          public appreciation of estuarine                   RESEARCHAND                       estuarine and estuarine-like eco-
          ecosystems and their relationships          MONITORING PROGRAMS                      systems within the reserve system.
          to the environment as a whole.                                                       Within the overall objective,
                                                     Research -facilitating                    NOAA identified five two-year
                    Reserve sites are chosen         the study of estuarine systems            research priority categories to
          to reflect regional differences be-                                                  serve as foci for awarding grants
          tween ecosystems throughout the                 The NERRS provides re-               under the competitive research
          T
















































          United States, using a biogeo-             search funds on a competitive ba-         program over this ten-year period.
          graphic classification scheme de-          sis to any public or private univer-

                                                                                30





                                                                   NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM -
                                                                                Building Blocks for Coastal Management



                     The first of the two-year re-        agers and researchers will be able       monitoring protocols for all sites.
                 search priorities, nonpoint source       to easily reference work that has        By standardizing the monitoring
                 pollution, began in FY 1993.             been done in areas of interest.          process, researchers and managers
                 NOAA awarded ten competitive                                                      could draw from a long-terin da-
                 research awards that focused on          Monitoring - discovering                 tabase that tracked spatial and tem-
                 nonpoint source pollution. In the        long-term trends in the estuaries        poral changes across the entire
                 last year of the LMER project,                                                    NERRS system.
                 NOAA also granted two awards to          NOAA awards each reserve funds
                 stimulate research in reserve sites      to conduct a phased monitoring                 EDUCATIONAND
                 that had not received competitive        program, in three stages. These              OUTREACHEFFORTS
                 funding in the previous two years.       are:
                 These awards, given to Weeks Bay                                                  Striving toward leadership
                 (AL) and Wells (ME) NERRs                - ecological characterizations to        in estuarine education
                 were designed to initiate small          build an accurate baseline of in-
                 projects that would generate coop-       formation on the sites' most im-                 The mission of the
                 erative work between the Reserve         portant resources;                       NERRS education program is to
                 and a local University or research                                                design and implement a compre-
                 institution.                             - preparation of site profiles that      hensive program of education and
                                                          describe the resources, manage-          interpretation to strengthen under-
                      Work began in fiscal year           ment issues, and long-term plans         standing, appreciation, and stew-
                 1992, and continued in FY93, to          for monitoring; and,                     ardship of estuaries and their as-
                 synthesize all research funded by                                                 sociated coastal habitats. With a
                 NOAA in the reserves. The final          - the implementation of a moni-          goal of developing a program of
                 document, scheduled for comple-          toring program that will provide         excellence in estuarine education
                 tion early in FY94, summarizes all       long-term data on key resources,         on a national and international
                 research projects funded by              regularly analyze and publish find-      level, the NERRS is involved in a
                 NOAA since the inception of the          ings, and provide a mechanism to         wide variety of activities which
                 research program in t985. The            evaluate program effectiveness in        seek to provide information to
                 document will be updated to in-          addressing the long-term needs of        coastal decision makers and the
                 corporate new research. A com-           estuarine resource management.           public.
                 prehensive listing of research
                 funded by other agencies at                       In FY92, various sites                  One of the most ambitious
                 NERRS sites will be added in the         sponsored monitoring projects            of these programs is the Kids Net-
                 future. With this document, man-         specific to their management prob-       work, a cooperative effort with the
                                                          lems and data needs, In fiscal year      National Geographic Society, co-
                                                                   1993, NOAA encouraged           ordinated for the reserve system by
                                                                   all sites to begin work on      the Great Bay NERR in New
                                                                                                   Hampshire. Using an education
                                                                   site profiles if they had not
                                                                    I dy done so. To date,         award, the NERRS sponsors 75
                                                                   site profiles are co
                                                                                         mplete    schools across the country to par-
                                                                   for Tijuana River and           ticipate in the Kids Network.
                                                                   Great Bay NERRs.                Through KidsNet, fourth-, fifth-,
                                                                   NOAA also continued to          and sixth-graders sample estuarine
                                                                                                   water at any of the 16 participat-
                                                                   work with the reserves to
                                                                   develop standardized            ing reserves, and ex
                                                                                                                          change infor-
                      `@,vikp    ct,Wz e
                             AWe
                                       7
                                                                   31





          NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM
          Building Blocks for Coastal Management




          mation, observations and formu-                                                           tegic planning process
          late and test hypotheses using an                                                         and a continued commit-
          on-line system designed by Na-                                                            ment to excellence, the
          tional Geographic. The system al-                                                         reserves are being recog-
          lows students to question the es-                                                         nized as leaders in the
          tuarine environment and explore                                                           field of estuarine educa-
          the answers, through hands-on re-                                                         tion.
          search and peer interaction.
                                                          X   A      p  U
                                                                       .. . ..... .
                                                                                                             OPOSED
                                                          ï¿½                                  fi@ 'Ma,
                  During this biennium, in-                                                               NATIONAL
          dividual reserves have achieved                                                   ESTUARINE RESEARCH
          significant accomplishments in          guided interpretive tours, educa-                  RESERVES
          estuarine education. In Washing-        tional classes and "hands on"
          ton, the Padilla Bay NERR earned        training in estuarine ecology and               Four sites are currently
          the excellence award from the           conservation issues. Exhibits, in-     working to become part of the
          National Association of Environ-        ternships, lecture series, teacher     National Estuarine Research Re-
          mental Communicators for its            workshops, volunteer programs,         serve System: San Francisco Bay
          high school education program.          conferences, and printed materials     (CA), Mullica River-Great Bay
          The North Carolina NERR re-             at the sites are aimed at providing    (NJ), St. Lawrence River (NY),
          leased Sound Ideas: Elementary          timely and accurate information        and East Coast Florida.
          Pro ect Estuary, a teachers guide       about estuaries and other fragile
          that encourages teachers and stu-       coastal resources.                     The road to designation
          dents to actively learn about estu-
          aries. In Southern California,                  In 1993, the NERRS edu-                 States may receive federal
          Tijuana River NERR promotes a           cation coordinators initiated a stra-  funds to work through the Na-
          bilingual curriculum on coastal         tegic planning process to define       tional     Estuarine       Research
          ecology with field trip materials,      the long term education mission        Reserve's designation process -
          a poster, and video. Education co-      and objectives for the NERRS pro-      a process that consists of site se-
          ordinators from Ohio's Old              gram. Recognizing the value of         lection, preparation of a draft en-
          Woman Creek NERR and New                developing strategic education         vironmental impact statement/
          York's Hudson River NERR initi-         plans that complement one an-          draft management plan, and re-
          ated a cooperative education            other, NERRS education coordi-         search studies to characterize the
          project with the National Aeronau-      nators and National Marine Sanc-       site(s). To receive federal funds for
          tic and Space Administration and        tuary education coordinators have      site selection, a state must present
          Cornell University to incorporate       been working together to               NOAA with a description of the
          remote sensing techniques and           strengthen both program plans.         process that will be used to select
          skills into education programs. In      The joint meetings also Provided       the proposed site and how the site
          conjunction with this project, the      an opportunity to meet for the first   fits into the NERRS scheme of
          NERRS has provided the first in-        time and share experiences and         representing all coastal biogeo-
          service training for all education      education program ideas.               graphic regions throughout the
          coordinators in the system.                                                    nation; an identification of the
                                                          The reserves continue to       agencies that will select and man-
                  The National Estuarine          create and deliver current, high-      age the sites; and a description of
          Research Reserves continue to at-       quality, and innovative education      how public participation will be
          tract hundreds of thousands of          programs. Through a sound stra-        incorporated into the site selection
          visitors each year to participate in                                           process.
                                                                   32





                                                                NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM -
                                                                             Building Blocks for Coastol Manogement



                        During this process, a state    Proposed Sites - First Phase river, which is used by bald eagles
                must demonstrate that the pro-          Toward Development                    and osprey. St. Lawrence River
                posed site represents an estuarine                                            also provides a favorable habitat
                ecosystem that has been mini-                  St. Lawrence River: The        for muskellunge, lake sturgeon
                mally affected by human activity.       St. Lawrence River is part of the     and walleye - important recre-
                The state must also choose bound-       Eastern Great Lakes biogeo-           ational and ecological species. The
                aries for the site that encompass       graphic province connecting the       proposed St. Lawrence Aquarium
                key land and water areas of the         Great Lakes to the Atlantic Ocean.    and Ecological Center could offer
                natural system to approximate an        The St. Lawrence Eastern Ontario      excellent visitor centers, laborato-
                ecological unit, so that the state      Commission is examining sites         nes, and auditoria for NERR in-
                can conserve the estuary's natural      along a 36-mile stretch of the river  volvement.
                function for long-term research         between Waddington and Massena.
                purposes. Two sites, St. Lawrence       for incorporation into a National             The state has completed
                River in New York, and East Coast       Estuarine Research Reserve. The       the data collection phase and base
                Florida, are working on the first       Cominission is currently working      and resource overlay maps for the
                phase toward designation.               with the New York Power Author-       area. Before proceeding with de-
                                                        ity, which owns the land, the De-     velopment of the draft manage-
                        After NOAA has approved         partment of Environmental Con-        ment plan and environmental im-
                the proposed site, the state may        servation, Office of Parks, Recre-    pact statement, New York state
                request funds to develop the draft      ation and Historic Preservation,      must submit a nomination pack-
                management plan and collect in-         New York Department of State,         age by the Governor to be ap-
                formation for preparing a draft         U.S. Fish and Wildlife Service, St.   proved by NOAA.
                environmental impact statement.         Lawrence County Planning Board
                The Draft Environmental Impact          and the St. Lawrence Aquarium                 East Coast Florida: The
                Statement/Draft Management              and Ecological Center, Inc. New       Florida Department of Environ-
                Plan should contain the reserve's       York state received a $ 10,000 site   mental Protection's Bureau of
                goals and objectives, management        selection award from NOAA in          Sanctuaries and Reserves (Bu-
                issues, and strategies for meeting      1989 to examine potential sites.      reau) has received a site selection
                those goals and objectives; an ad-                                            award from NOAA to investigate
                ministrative framework; a research             The Commission is now          areas along the east coast of
                and monitoring plan; an education/      favoring an area that encompasses     Florida that would be suitable for
                interpretive plan; a public access      5895 acres   of habitat along the     designation as a National Estua
                plan; a construction plan; an ac-
                                                                                  k
                quisition plan; and a restoration
                plan, if applicable, and other nec
                essary documentation.
                                                                                                            Kayakers enjoy
                                                                                                            a day in the sun
                        Two sites, San Francisco
                                                                      .0                                    at the North
                Bay and Mullica River, have been                                                            Carolina NERR
                formally nominated by the Go
                ernors of California and New Jer-
                sey, respectively. Both sites are
                now preparing a Draft Manage-
                ment Plan/Draft Environmental
                Impact Statement.

                                                                        33





         NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM
         Building Blocks for Coastal Management



         rine Research Reserve. The state        life Area; Suisun Marsh: Rush           and is preparing a response indi-
         established-a site selection com-       Ranch, Peytonia Ecological Re-          cating which components the state
         mittee with representatives from        serve, and Hill Slough Wildlife         should pursue. Upon receiving
         the Florida Department of Educa-        Area; and Delta: Browns Island          NOAA`s response, San Francisco
         tion, the Governor's office, the        and Lower Sherman Island.               State University will begin collect-
         Florida State University Marine                                                 ing information on the approved
         Lab, the Rookery Bay and                        CalifQrnia proposes that        sites, hold public meetings, and
         Apalachicola National Estuarine         San Francisco State University          prepare a draft management plan
         Research Reserves, the Florida          will manage the San Francisco           and environmental impact state-
         Coastal Zone Management Office,         Bay NERR. The University houses         ment. NOAA awarded a coopera-
         the Bureau, and NOAA:s Office of        a number of internationally known       tive agreement totaling $75,000 to
         Ocean and Coastal Resource Man-         scholars in the fields of aquatic and   begin this step toward designation.
         agement. Staff have collected data,     conservation biology, geochemis-
         visited sites and conducted nu-                                                         Mullica River-Great Bay
         merous public meetings in the                                                       (NJ): In July 1993, New Jer-
         areas under consideration -                                                         sey Governor Florio nomi-
         Indian      River       Lagoon,                                                     nated the Mullica River- Great
         Tolomato/Guana and Matanzas                                                         Bay estuary to become a Na-
         area, Mosquito Lagoon, and                                                          tional Estuarine Research Re-
         Banana River. The Governor of                                                       serve. The site, located in
         Florida is expected to submit
                                                                                             southern New Jersey, is re-
         an official nomination package                                                      garded as one of the least-dis-
         by the end of December 1993.                                                        turbed settings in the densely
                                                                             Mmg
                                                                             , 14 N
                                                                                             populated urban corridor of
                                                        7
         Proposed sites that have been                                                       the northeastern United States.
         formally nominated:                                                                 The proposed reserve encorh-
                                                                                             passes 114,047 acres, which
                 San Francisco Bay:                                                          would make it second in size
         On May 21, 1993 California                                                          only to the Apalachicola re-
         Governor Pete Wilson formally                                                       serve in Florida. The Mullica
         nominated sites within the San                                                      River-Great Bay site incorpo-
         Francisco Bay to be included                                                        rates a great diversity of ter-
         in the National Estuarine Re-        Sunsei overApalachicola NERR.                  restrial, wetland, and aquatic
         search Reserve System. The                                                          habitats, ranging from pro-
         nomination package for the pro-         try and geographic information          tected state forests to barrier is-
         posed San Francisco Bay National        systems. San Francisco State Uni-       lands.
         Estuarine Research Reserve iden-        versity also operates the Romberg
         tifies a multi-component reserve,       Tiburon Center for Environmen-                  Governor Florio assigned
         consisting of six salt and tidal        tal Studies, a field center for re-     administrative responsibilities for
         brackish marshes: South Bay: Bair       search on San Francisco Bay and         developing the site to the State
         Island Ecological Reserve; Cen-         its environment.                        Department of Environmental
         tral Bay: Corte Madera Marsh                                                    Protection and Energy's Office of
         Ecological Reserve; San Pablo                   NOAA has reviewed the           Land and Water Planning and day-
         Bay: China Camp State Park;             proposed San Francisco Bay              to-day management responsibili-
         Petaluma: Petaluma Marsh Wild-          NERR site selection document            ties to Rutgers University's Insti-

                                                                  34





                                                                NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM -
                                                                              Building Blocks for Coastal Management


                     NERRS review panel supplies independent evaluation
                        In January 1993, NOAA!s Assistant Admin-            completing the national system of estuarine research
                istrator for the National Ocean Service set up a panel      reserves;
                of experts, chaired by Robert Knecht of the Univer-
                sity of Delaware, to conduct an independent review          * Increase links with coastal zone management programs
                of the National Estuarine Research Reserve System           to give the reserves more long-term protection from
                (NERRS). From this review, the Panel was asked to           external threats;
                recommend ways to enhance the program's posi-
                tion in providing critical research, education, and         * Increase coordination among federal agencies;
                information to policy makers responsible for man-
                aging and protecting the nation's coasts.                   * Improve internal and external education, information-
                                                                            transfer, and outreach efforts;
                        Panel members interviewed representatives
                from NOAA and. visited the Apalachicola Reserve             a Improve staff development;
                in Florida and the Weeks Bay Reserve in Alabama.
                The Panel also sought input for the review from re-         * Improve technical assistance;
                serve and coastal zone management program man-
                agers, through questionnaires sent to each.                 e Revise the NERRS funding cycle;

                       .After providing the reserves and OCRM               9 Establish a NERRS program office within OCRM;
                with an opportunity to comment on the draft, the
                Panel issued their final report in November 1993.           9 Work with citizen groups and non-governmental or-
                The Panel recognized the National Estuarine Re-             ganizations;
                search Reserve System as a winning combination of
                research, education, and long-term protection. The            Expand international links;
                Panel also recognized the opportunities to improve
                the program. The NERRS Review Panel recom-                    Address the issue of minimum size of multi-compo-
                mended that OCRM do the following:                          nent reserves; and

                ï¿½ Define a national dimension for the reserve system;         Develop a business plan for the NERRS program.

                ï¿½ Use reserves for resource-related research (nonpoint              OCRM will take these recommendations into
                source, exotics, remediation, etc.);                        account in the upcoming year. This report will be
                                                                            addressed by OCRM and the NERR managers at
                  Evaluate the possibility of incorporating existing        future joint meetings.
                federal lands into the reserve system, an effort toward


                tute of Marine and Coastal Sci-         the site's ecological characteris-              Once NOAA/ OCRM has
                ences.                                  tics; assurances that the site's        received and reviewed the addi-
                                                        boundaries approximate an eco-          tional information, the state of
                        Upon reviewing the pro-         logical unit; the site's suitability    New Jersey can begin work on the
                posal, NOAA requested specific          for long-term research; the site's      next phase of designation- devel-
                information on the following site       compatibility with existing and         oping the Draft Environmental
                selection issues: a description of      potential land and water uses and       Impact Statement and Draft Man-
                the process used to solicit public      approved coastal and estuarine          agement Plan (DEIS/DMP) for the
                Views on project; the site's contri-    management plans; and the value         site.
                bution to the biogeographical and       of the site for education and inter-
                typological balance of the system;      pretive efforts.
                                                                         35





           COASTAL NONPOINT SOURCE POLLUTION
           Working Toward a Solution



                   ince the passage of the         ties: agriculture (crops and live-       Guidance Published
          Clean Water Act in 1972, great           stock), forestry (timber harvest-        Under Section 6217(g)
          strides have been made in reduc-         ing), urban (cities, roads and new
          ing water pollution in the United        home construction), marinas (boat                 As part of the ongoing co-
          States. Much of this progress has        storage and service facilities), and     ordination in the cooperative ad-
          been realized through improve-           hydromodification (construction          ministration of section 6217,
          ments to wastewater treatment            of dams and channelization). Pol-        OCRM worked with the Environ-
          plants and industrial discharges,        lutants from these activities in-        mental Protection Agency (EPA)
          involving substantial investment in      clude sediment (soil particles), nu-     on the publication of two guidance
          new treatment and control technol-       trients (nitrogen and phosphorus),       documents - one on management
          ogy. While results of this focus on      and chemicals (pesticides, oil,          measures and another discussing
          "point sources" (discrete pipes or       salts, and metals).                      program development. As required
          outfalls) can be seen in measurable                                               by section 6217(g) of the statute,
          water quality improvement, there         Comprehensive                            EPA, in consultation with NOAA
          remain significant areas of water        Programs to Address Coastal              and other federal agencies, devel-
          resource impairment due to               Nonpoint Pollution                       oped Guidance Specifying Man-
          44nonpoint sources" (diffuse                                                      agement Measures for Sources of
          sources or runoff pollution).                     Recognizing the need to         Nonpoint Pollution in Coastal
                                                   address the impact of nonpoint           Waters. Among the nonpoint
                   Nonpoint source pollution       source pollution on coastal re.-         sources covered in this technical
          is not easily identified as a discrete   sources, Congress expanded the           guidance are: agriculture, forestry,
          discharge from a pipe or factory         Coastal Zone Management Act in           urban runoff, hydromodification,
          outfall. Instead, this pollution re-     1990 to include a new section            and marinas. The document also
          sults from rainwater and melting         6217 entitled "Protecting Coastal        addresses the use of wetlands in
          snow running over lawns, parking         Waters." Section 6217 requires           controlling the impact of runoff.
          lots and farm fields, through city       that states with existing coastal        Working groups composed of in-
          streets and forests, picking up and      zone management programs de-             dividuals from state and federal
          carrying pollution into rivers, es-      velop Coastal Nonpoint Pollution         agencies with particular expertise
          tuaries, and coastal waters. In          Control Programs. These coastal          in each category developed the
          coastal areas of the U.S., nonpoint      nonpoint programs are to be de-          technical guidance. OCRM staff
          source pollution is generated by         veloped by July 1995.                    participated in all of the work
          several major categories of activi-                                               groups and co-chaired many.
















                                                                     36





                                                                          COASTAL NONPOINT SOURCE POLLUTION -
                                                                                                 Working Toward a Solution



                        In addition to the guidance    1993, NOAA and EPA conducted            nonpoint program, which was dis-
                required by section 6217(g) of the     seven regional workshops for the        tributed along with other nonpoint
                CZMA, NOAA and EPA pub-                29 states and territories develop-      source education materials, to state
                lished Coastal Nonpoint Pollution      ing coastal nonpoint programs.          coastal zone and water quality
                Control Program: Program Devel-        Workshops took place in: Alexan-        agencies.
                opment and Approval Guidance to        dria, VA; Cromwell, CT; Chicago,
                assist states in creating coastal      IL; Seattle, WA; Atlanta, GA; Ho-       Threshold Reviews
                nonpoint pollution control pro-        nolulu, HI; and New Orleans, LA.
                grams under section 6217. This         These workshops provided an op-                 Development of an effec-
                program guidance provides the          portunity for additional dialogue       tive coastal nonpoint program rep-
                basic structure for coastal            on the technical and program guid-      resents a major challenge to the 29
                nonpoint programs and describes        ance in the context of regional is-     states and territories. In order to
                NOAA and EPA expectations for          sues. The workshop series also          assist the states and help them tar-
                                                                          presented an op-     get their limited resources, NOAA
                                                                          portunity for the    and EPA offered to conduct early
                                                       Z77
                                                                          states to identify   reviews of state proposals. This
                                                                          needs for techni-    threshold review process is part of
                                                                          cal assistance       a continuing dialogue between the
                          ZJJ
                                                                          from the federal     states and the federal agencies de-
                                                                          agencies.
                                                                                               signed to assist the states to meet
                                                                                               the federal requirements in a
                                                                                Othertech      timely manner. The first threshold
                                                                          nical assistance     review was conducted for South
                                                                          efforts included     Carolina in November 1993.
                                                                          the production of    NOAA believes that a majority of
                                                                          a public educa       the states will avail themselves of
                                                                          tion brochure on     this opportunity during fiscal year
                                                                          the       coastal    1994.
                   no"

                       Urban development contributes lo
                       nonpoint source pollution.

                the state programs. Each state
                must submit its proposed program
                for federal approval. NOAA and
                EPA have supplemented this guid-
                ance with additional policy guid-
                ance as states raise issues on 6217
                program development.

                Technical Assistance                                             All,

                                                                                                                    t
                        NOAA and EPA have
                placed a high priority on techni-
                cal assistance to the states as they        Acldii?gl)ttiiil)ottislotioiistoiiicii-iiiosiiciN,i-(,ditee
                                                            nonpoint sources qf pollution,
                develop their coastal nonpoint pol-
                lution control programs. During                          37






          EDUCATION AND OUTREACH
          Sharing Ideas




                  he need to foster progress             NOAA served as co-chair        sions to exhibiting new technolo-
          and advance the state of knowl-        of Coastal Zone 93 (CZ 93), which      gies and research developments.
          edge in coastal and ocean manage-      took place July 19@23, 1993, in        During CZ 93, NOAA spotlighted
          ment practices are key to NOANs        New Orleans, Louisiana. This           its ongoing efforts to deal with a
          mission. As the principal federal      event, the eighth in the conference    myriad of coastal and ocean prob-
          agency charged with protecting         series, was built around the theme     lems. Specifically, NOAA shared
          the Nation's valuable coastal and      "Healing the Coast," which re-         its experiences with developing
          ocean resources, NOAA takes an         flected a worldwide effort and         and implementing a new coastal
          active role in sharing information     commitment to protect, wisely use      nonpoint source pollution control
          on new concepts and research de-       and enhance coastal and ocean re-      program under the Coastal Zone
          velopments with state and local        sources. Some of the issues de-        Management Act. Other NOAA
          governments and other federal          bated at CZ 93 included coastal        sessions explored the lessons
          agencies that must make critical       nonpoint source pollution and          learned from such coastal disas-
          decisions about the use and care       mitigation techniques, ecosystem       ters as Hurricanes Andrew and
          of these valuable, finite resources.   management, wetlands policies,         Iniki and Typhoon Omar and how
          NOAA also facilitates dialogue         offshore oil and gas activities,       partnerships between government
          with the coastal and ocean com-        coastal erosion, coastal hazards       and private industry can minimize
          munity at large - policyrnakers,       planning, and global climate           risks from these natural disasters;
          managers, scientists, planners, en-    change and sea level rise.             the value of partnerships in pro-
          gineers, educators, business lead-
          ers and environmentalists - as a
          way of identifying workable solu-
          tions to the problems plaguing
          ocean and coastal resources.


                  For the past 15 years,
          NOAA has taken a lead role in
          organizing the Coastal Zone Con-
          ference series, an international fo-
                                                                                          AL
          rum on ocean and coastal issues.
                                                            @;.,U n
          Begun in 1978, the conference
          brings together individuals from
          all disciplines around the globe to
          focus on ways to achieve long-
          term economic and environmen-
          tal health for the world's oceans
          and coasts. More than 30 groups              ren "treasure hunt" at the North Carolina NERR as part of an education
          co-sponsor the biennial event,          project that demonstrates which creatures call an estuary home.
          which serves as an important link
          for scientists studying coastal and
          ocean issues with public                       NOAA:s participation in        tecting valuable coastal ecosys-
          policyrnakers and planners con-        CZ 93 was wide ranging - from          tems, such as the coral reef tract
          fronting such issues of coastal res-   developing the plenary program         that encompasses the Florida Keys
          T










































          toration, pollution, resource use      and technical sessions to present-     National Marine Sanctuary; and
          and the impact of coastal storms.      ing papers and co-chairing ses-        the critical role of education in
                                                                  38                    enhancing resource protection.





                                                                                           EDUCATION AND OUTREACH -
                                                                                                                   @;hcrjng We-as




                        Recognizing the value of        and coastal resources for future        of estuaries, those valuable, yet
                this exchange, NOAA will con-           generations. In the early 1980s,        fragile areas where rivers meet the
                tinue to play a major role in the       NOAA and coastal states launched        sea. Since Much of the nation's
                conference series. The agency be-       a national celebration of the coasts    shipping and fishing industries
                lieves that it is through integrated,   with the goal of heightening            rely on healthy estuaries, organiz-
                interdisciplinary efforts such as       awareness of the sensitive nature       ers hope that this day-long celebra-
                this that strategies will result        Of these resources. What began as       tion will provide citizens with a
                which can be responsive to today, s     a national coastal cleanup day has      greater understanding of the link
                issues. The conference series pro-      grown to a three-week celebration       between a healthy coast and a
                vides flexibility in meeting an         devoted to exploring the beauty,        healthy economy.
                ever-changing suite of problems,        diversity and value of coastal habi-
                as well as a forum for generating       tats. This annual celebration,                  In celebration of the day-
                long-range, innovative programs         called "Coastweeks," now spans          long observance, a wide range of
                to address the complex issues of        the last two weeks in September         bay and coastal activities, from
                the coming decades.                     and the first week of October.          guided boat tours to nature walks
                                                                                                to teacher workshops, are spon-
                Involving the Public                            The annual celebration          sored by National Estuarine Re-
                                                        begins with Estuaries Day, a day        search Reserves around the coun-
                        The public plays a critical     set aside to show coastal users and     try. The three-week-long celebra-
                role in the fight to preserve ocean     the general public the importance       tion that follows Estuaries Day
                                                                                                enables citizens to take a close
                        YounlPters in. New Haltlp.@hir t aftel fbr                              look at the health and conserva.-
                       coastal s"vnems b'v touching   ish at a local                            tion of coastal resources that are
                       visitor's centet:                                                        vital to the environment and
                                                                                                economy of our nation. The eel-
                                                                                                ebration, which varies from state
                                                                                                to state, has a common thread -
                                                                                                to bring families, individuals, fish-
                                                                                                ermen, teachers, scientists, elected
                                                                                                officials, industry and all people
                                                                                                interested in the environment to-
                                                                                                gether to focus national attention
                                  'M
                                                                                                on the nation's vital coastal re

                                                                                                sources.


                                                                                                        A major activity of
                                                                                                Coastweeks celebrations are an-
                                                     VIM                                        nual beach cleanups, where ardent
                                                                                                volunteers scour the nation's
                                                                                                beaches to collect costly, unsightly
                                                                                                and sometimes deadly trash. This
                                                                                                activity has spilled into the inter-
                                                                                                national community, which now
                                                                                                annually honors September 18 as
                                                                                                International Coastal Cleanup

                                                                         39






          EDUCATION AND OUTREACH
          Sharing Ideas




          Day. In 1992, over 160,000 people       , ers' & Anglers' Pledge. The pro-        beach or shoreline for monitoring
          from 36 countries scanned their          gram educates boaters and anglers        and year-round cleanup. These
          coastlines and grabbed over 3.5          about marine debris, how they            volunteer monitoring efforts pro-
          million pounds of trash - with           may have contributed to the prob-        vide valuable information for
          over two million pounds collected        lern in the past and how they can        coastal managers on the uses of the
          in the United States by some             become part of the solution.             coast, where problems may occur
          134,000 volunteers in 53 coastal         Through the program, boaters and         and which users may benefit most
          communities. The volunteers re-          anglers can also pledge to cleanup       from environmental education
          port on data cards      the types of     waterways and coasts and to pre-         programs.
                                                                      vent more debris
                                                                      from entering                  The activities that charac-
                                                     N                waterways.            terize Coastweeks provide a valu-
                                                                                            able tool for bringing multiple
                                                                             0 t h e r      coastal management issues
            1--- 77                                          dAL
                                                                      states such as        from illegal dumping and nonpoint
                                                                      New Hampshire,        source pollution to the cost of
                                                                      use Coastweeks        marine debris and the impact of
                                                                      to       heighten     coastal storms - into the national
                                                                      awareness for         spotlight. Coastweeks organizers
                                                                      adopt-a-shore or      and coastal managers hope that
                      0                                               adopt-a-beach         this national celebration spawns a
                                                                      programs. These       tale of care and apprecfation for
          trash they find. This information        programs ask citizens and busi-          the coast.
          is then used by coastal resource         nesses to select portions of the
          educators to target educa-
          tion programs toward par-
          ticular coastal user groups.
          Data collected has also be                                        0
          useful in recommending
          federal and state legisla
          tion to reduce marine de-
          bris and ocean dumping.


                   Other activities
          celebrating Coastweeks
          around the country in-
                                                              Hu%
          clude underwater clean-
          UPS, seminars, outings, li-
          brary and museum exhib-
          its, fairs, art contests, and
          seafood festivals. In the
          Gulf of Mexico, states
          used the 1993 celebration
          to kick off a five-state
          campaign called the Boat-        Many people learn about coastal management issues during exhibits and local
                                          fairs like this one in Washington and the one above in Florida.

                                                                     40





                                                                                                       COASTAL HAZARDS -
                                                        Reducing Storm Damage Through Coastal Management




                        he Coastal Zone Manage-
               ment Act directs NOAA to ensure
               that state coastal zone manage-
               ment programs manage coastal
               development both to minimize the              'o@
               loss of life and property from
               storms, beach erosion, and other
               geologic hazards, and to preserve
               natural features that buffer the
               impact of these processes - fea-
               tures such as beaches, dunes, wet-
                                                                                                                              @4
               lands, and barrier islands.


                        To implement the CZMA's
               coastal hazards mandate, coastal
               states have developed policies and
               programs to limit or control devel-                            i '@
                                                           P@
               opment in high hazard areas as
               part of their state coastal zone          Hazards mitigation controls shoreline development in order to save lives and
               management programs. State ef-            propertyfrom the damage of coastal storms and other coastal problems, such
               forts include comprehensive set-          as beach erosion.
               back programs based on docu-
               mented erosion rates, building           area and have initiated projects to    ing the impacts of coastal storms
               codes specific to hazardous areas,       improve performance in this area,      and using that knowledge to plan
               post-disaster redevelopment plans,       ranging from policy forinulation to    mitigation strategies. In March
               and planning activities that restrict    technical data collection. Ameri-      1993, in response to Hurricane
               development densities. Several           can Samoa is developing hazard         Bob in 1991 and the nor'easters
               states have been recognized as           mitigation regulations for its         of 1991 and 1992, Massachusetts
               having developed strong hazards          coastal hazards program, to be         hosted a workshop on coastal haz-
               mitigation programs and authori-         implemented at the village level.      ards and mitigation for eight states
               ties. South Carolina, for example,       Several states, including Maine        in the Northeast and Great Lakes
               was distinguished with a national        and Oregon, are using the en-          region. Building on the success of
               award for excellence in coastal          hancement grants program to map        the first workshop, South Carolina
               zone management.                         hazard-prone areas, and in some        hosted a similar workshop in June
                        These state coastal hazard      cases, define setback policies. By     1993.
               programs continue to evolve and          undertaking these projects, states
               continue to be strengthened, now         intend to minimize the amount and              NOAA also assists states
               with assistance through the section      severity of damage    'caused when     in assessing storm damage and
                                                        coastal storms strike and to reduce    developing post-storm mitigation
               309 enhancement grants program.          losses from long-term erosion, and     strategies, particularly by working
               Twenty-four states and territories       to protect natural features such as    with the Federal Emergency Man-
                   over 80 percent of all those eli-    dunes.                                 agement Agency on Hazard Miti-
               gible to receive enhancement                                                    gation Survey Teams following
               grants - identified coastal haz-                 Both NOAA and the states       hurricanes and other disastrous
               ards as a priority enhancement           have taken an active role in study-    coastal storms. NOAA also par
                                                                         41





          COASTAL HAZARDS -
          Reducing Storm Damoge Through Coostol Monogement




          ticipates on the Interagency Com-
          mittee on Floodplain Management
          and the Community Rating Sys-
          tem Task Force, which encourages
          improved floodplain management,
          including preserving floodplains
          in their natural state and non-struc-
          tural solutions to coastal erosion
          problems.




                South Carolina confronts challenge to beach act
                  In late 1991, the U.S. Su-      mean high water. Most recently,         land given the current circum-
          preme Court agreed to review            in 1973, large tidal pools covered      stances in which the property is
          Lucas v. South Carolina Coastal         most of the lots.                       presently found. In making its
          Council - a case that challenged                                                ruling, the Court accepted with-
          the state's authority to regulate               The U.S.    Supreme Court       out consideration the trial court's
          development along the shoreline.        issued an opinion in May 1992 but       detern-tination that the BMA ren-
          David Lucas sought reversal of a        did not find the BMA unconstitu-        dered Lucas' property valueless.
          South Carolina State Supreme            tional or find that there had been
          Court ruling that the state's           a taking. Instead, the Court re-                 On reconsideration, the
          Beachfront Management Act, ad-          manded the case back to the State       State Supreme Court found that
          ministered by the South Carolina        Supreme Court with instructions         Lucas had suffered a temporary
          Coastal Council (SCCC) did not          for reconsideration based on a line     taking; the SCCC later settled out
          result in a taking of Lucas' prop-      of inquiry for cases in which a         of court by paying Lucas for the
          erty.                                   regulation renders a property           lots and acquiring title.
                                                  completely valueless. The new
                  Lucas owned two lots lo-        inquiry required an analysis of:                 Few courts have cited the
          cated in an inlet erosion zone on       the harm Lucas' use of the land         Lucas case in subsequent taking
          Isle of Palms, SC, entirely seaward     may cause; the social value of de-      decisions, perhaps because the
          of the "no construction" line that      veloping the lots and the suitabil-     decision provides little guidance
          the SCCC had designated under           ity of the lots in question for de-     as to how courts should approach
          the Beachfront Management Act           velopment; and how easily either        taking cases generally. To date, the
          (BM.A). Rapid shoreline change in       Lucas or the SCCC could have            decision's primary effect on land
          inlet areas is not uncommon. Rec-       prevented the harm development          use management programs na-
          ognizing the special hazard inlet       would cause. The Court summa-           tion wide appears to have been to
          areas pose, the BMA required that       rized that to demonstrate there         make local and state officials re-
          the no-construction fine be set at      had been no taking of Lucas'            luctant to regulate some land uses
          the most landward point of shore-       property, the SCCC must show            out of concern they will face
          line retreat over the previous 40       before the State Supreme Court          Lucas-like lawsuits. The decision
          years. At various times since 1950,     that the state common law of nui-       also appears to have fueled the
          the Lucas lots have been com-           sance and property contain back-        property rights movement's mis-
          pletely underwater, within the          ground principles that would pro-       taken belief that any restriction of
          surf zone, and well landward of         hibit Lucas' proposed use of the        land uses constitutes a taking.

                                                                   42










                                    000
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                       ;,@Oo , 4 \Aol\,
                                     ,,,o         e@'
                          \@ee*s cp          9,65
                             @zeSeO@















                                      ay NERR
                              Weeks IB

                                                            43





           Alabama Coastal Area Management Program





                        uthority for the Ala-     within ADEM, giving the agency                  Alabama Coastal Founda-
           bama Coastal Area Management           permitting authority for activities      tion:  In 1992 and 1993,the
           Program (ACAMP) is based pri-          that directly affect the state's         ACAMP worked with the Coastal
           marily in Act 534, the Alabama         coastal zone. ADEM is also re-           States Organization to set up a
           Coastal Area Act of 1976, which        sponsible for determining whether        coastal foundation dedicated to
           mandated a comprehensive coastal       those state and federal actions that     conserving the natural and eco-
           management program and estab-          are not directly regulated are con-      nomic resources of Alabama's
           lished a coastal zone boundary.        sistent with goals of the ACAMP.         coastal area. Established in the
           The boundary encompasses all                                                    spring of 1993, the Alabama
           lands seaward of the 10-foot in-                   PROGRAM                      Coastal Foundation (ACF) is a
           land contour to the limit of the             ACCOMPLISHMENTS                    membership organization de-
           state's territorial waters, includ-                                             signed to broaden citizen partici-
           ing coastal barrier islands. In 1982,           Program Staffing: During        pation and increase the public's
           the state legislature passed legisla-  the biennium, the ADECA coastal          voice in coastal management. It is
           tion which dissolved the Coastal       office in Fairhope was expanded
           Area Board and transferred its         to include two planners, a secre-        The Alabama Coastal Program
           coastal management authority to a      tary, and a full-time public educa-          earnedfederal approval
           networked program consisting of        tion and outreach coordinator. The              on Sept. 25,1979.
           a new Department of Environmen-        ADEM field office in Mobile hired
           tal Management (ADEM) and the          a Nonpoint Source Coordinator.           similar to the Chesapeake Bay
           Department of Economic and             With the additional staff, the           Foundation set up for Virginia
           Community Affairs (ADECA).             ACAMP has become involved in             and Maryland. With an Executive
                                                  more issues, including special area      Director in place, the ACF has
                  Under the revised struc-        management planning for the de-          begun outreach activities by pro-
           ture, ADECA became the lead            graded estuary in Orange Beach/          viding public information to the
           agency responsible for the admin-      Ono Island/Cotton B ayou, prepar-        forestry community on the Coastal
           istrative and planning functions of    ing local zoning ordinances in           Nonpoint Pollution Control Pro-
           Alabama's coastal program. The         Baldwin County, and assisting            gram created under section 6217
           1982 law consolidated state envi-      with the Gulf Shores        Strategic    of the CZMA. The Foundation
           ronmental permitting functions         Plan.                                    published its first newsletter in
                                                                                           September 1993.

                                                                                                   Technical Advisory Com-
                                                                                           mittee: Alabama's coastal pro-
                                                                                           gram established a Technical Ad-
                                                                                                    ommittee during 1992 in
                                                                                           visory
                                                                                           respons to the findings of the
                                                                                           Governor's Coastal Waters Ini-

                                                                               77
                                                                                           tiative. ACF membership includes
                                                                                           representatives of state and fed-
                                                                                           eral agencies with responsibili-
           A














































                                                                       Me,                 ties for coastal resource manage-
                                          ER                                               ment. At monthly meetings, com-
                                                               WILD
                                                                                           mittee members exchange infor
                                                                                           mation, serve in an advisory ca-
                                                                                           pacity for the ACAMP, and pro
                                                                   44





                                                                            Alabama Coastal Area Management Program



                       Coastal program helps solve island resource problems
                           From the time the Alabama          Committee, to oversee the develop-                   The Institute developed a
                   Coastal Area Management Program            ment of a comprehensive manage-             draft master plan for the area and a
                   began working with the Town of             ment plan for the east end of Dau-          blueprint for implementing this plan,
                   Dauphin Island in 1988 (when it in-        phin Island. The Committee includes         which phased in a landscape plan, a
                   corporated) until 1990, the town           representatives from the agencies           facilities plan, a programs plan, and
                   demonstrated little coordinated            and local governments that own or           financing suggestions. Having iden-
                   management of the natural, cultural,       manage land on the east end - all of        tified sensitive areas, such as beaches
                   recreational, and educational re-          whom expressed a strong interest in         and dunes, wetlands and flood
                   sources of the island's east end. His-     developing a resource management            zones, the group tailored the man-
                   toric structures were in physical de-      plan. Alabama's Department of ECO-          agement plan to minimize adverse
                   cline, and the shoreline on some           nomic and Community Affairs                 effects on these special areas.
                   beaches was eroding at 50 feet per         (ADECA) funded the preparation of
                   year. Numerous drownings oc-               a comprehensive management plan.                     This on-going work showed
                   curred in the Mobile Pass tidal inlet;                                                 almost immediate results for the east
                   yet the local government did noth-                  The Economic Development           end coastal environment. The Army
                   ing to discourage swimming there.          Institute (EDI) of Auburn University        Corps of Engineers is now undertak-
                   Also, government agencies offered          prepared the plan using expertise in        ing a major erosion control project
                   few educational or interpretive pro-       economics, planning, architecture,          on the east end to slow the rate of
                   grams for the public to promote re-        and public relations. The Institute         erosion. Swimming has been banned
                   sponsible interaction with the coastal     worked with the East End task force         on the east end to prevent loss of life.
                   environment.                               to inventory existing facilities and        (No drownings have occurred in over
                                                              needed repairs to those facilities; and     a year.) Also, a public education fa-
                            In response to these prob-        analyze needs in the areas of beach         cility called "Estuarium" that in-
                   lems, the coastal programs office es-      access, interpretive and education          cludes a restored marsh is now un-
                   tablished a management task force,         programs,natural resource manage-           der construction on the east end.
                   known as the East End Management           ment, facilities and maintenance.
                   vide interagency coordination. The                    SIGNIFICANT                      provision for public notice and
                   Technical Advisory Committee                     PROGRAM CHANGES                       hearings; and make more restric-
                   was instrumental in developing the                                                     tive changes to the variance crite-
                   ACAMP's Assessment and Strat-                       In July 1992, OCRM ap-             ria and provisions.
                   egy for the section 309 Enhance-           proved the revised Gulf Shores
                   ment Grant Program and is work-            City Zoning Ordinance and the                          SUMMARYOF
                   ing collectively to solve erosion          state's recertification of the del-             EVALUATION FINDINGS
                   problems on Dauphin Island.                egation of local permitting author-
                                                              ity to the City of Gulf Shores as a                  No evaluation was con-
                           Public Education and               routine program implementation              ducted during the biennium. The
                   Awareness: Alabama has made                change. Among other things, the             next evaluation of Alabama's
                   major strides in public education          revised ordinance restricts struc-          Coastal Zone Management Pro-
                   and outreach during the biennium,          tures permitted seaward of the              gram is scheduled for early Febru-
                   including creating a Citizens'Wa-          Coastal Construction Line to sand           ary 1994.
                   ter Quality Monitoring Program             fences and dune
                   and the Alabama Coastal Founda-            walkovers; in-
                   tion; cultivating a greater media          creases consider-              Alabama Program Funding
                   presence; and increasing publica-          ation of wildlife,                   3061306A          309               6217
                   tions and activities for the public,       wildlife habitats,
                   such as the Mobile Bay Barom-              and cultural re-          FY92:      $533,700         $59,300
                   eter, Alabama's COASTWEEKS                 sources; adds a           FY93:      $589,333         $72,800            $45,000
                   celebration, and Boaters'Pledge.                              45  1





          Weeks Bay National Estuarine Research Reserve





                      ocated along the east-    benefit educational and research       and comment. The revised plan is
          em shore of Mobile Bay in Baldwin     programs at the reserve, including     intended to more specifically de-
          County, the Weeks Bay National        field sampling equipment, labora-      fine management strategies than
          Estuarine Research Reserve en-        tory/analytical equipment, audio-      the previous version, giving the
          compasses over 3,000 acres in and     visual equipment, two boats, and a     site a stronger focus.
          around Weeks Bay. This small,         truck.
          shallow estuary is surrounded by                                                     RESEARCHAND
          forested wetlands. Managed by                 Facilities andPropertyAc-        MONITORING PROGRAMS
          Alabama's Department of Eco-          quisition: The reserve recently se-
          nomic and Community Affairs           cured funding to construct a 3,000-            Over the past two years,
          (ADECA), the reserve serves as a      foot boardwalk nature trail; to de-    Weeks Bay staff worked to attract
          nursery for shrimp and other com-     velop exhibits for the Interpretive    over $1 million in nonpoint source
          mercially important fisheries.        Center, and to purchase additional     research and demonstration
                                                                                       projects. The U.S. Environmental
                                                                                       Protection Agency, for example,
           The reservesponsoi-s annital coastal clealitips in assocation. vvith the national granted $450,000 to study pesti-
           Coastweeks celebi-ation.                                                    cides in the sediments and water
                                                                                       column of the Weeks Bay water-
                                                                                       shed and the effect of pesticides on
                                                                                       the watershed's biota. EPA allo-
                                                                                       cated another $700,000 to fund a
                                                                                       series of watershed protection
                                                                                       projects, granting $300,000 to the
                                                                zlwlp@
                                                                                       Baldwin Soil and Water Conser-
                                                                                    I  vation District for a demonstration
                                                                                       proje
                                                                                             ct on preventing pollution
                                                                                       from entering the waterways,
                                                                                       $40,000 to monitor water quality,
                                                                                       $40,000 for a septic systemproject,
                                                                                       and $19,000 to educate students
                                                                                       on these issues.


                                                                                               Reserve staff also devel-
                     PROGRAM                    lands for reserve protection. Funds    oped an impressive reference col-
               ACCOMPLISHMENTS                  came from a combination of pri-        lection of biological specimens,
                                                vate sources - over $60,000            historical artifacts, and literature
                  Program Staffing: During      through the Weeks Bay Founda-
          the biennium, the reserve filled      tion and $40,000 in other grants         Although with 3,028 acres
          four and a half positions: a man-     from federal and state agencies.           the reserve has already
          ager, program assistant, secretary,                                           reached a 100% acquisition
          interpretive coordinator, and part-           ManagementPlan: Weeks               status, managers are
          time laborer.                         Bay staff revised the reserve's          evaluating this status and
                                                management plan, and submitted
          L
































                  Equipment: Weeks Bay          a draft to OCRM's Sanctuaries           may add additional land for
          managers acquired equipment to        and Reserves Division for review              reserve protection.

                                                                 46





                                                                        Weeks Bay National Estuarine Research Reserve





                 related to the ecology and history        Program which ties local class-                   As accomplishments, the
                 of the area. The reserve also re-         room curriculum to site visits to         findings noted that Alabama be-
                 cently began a long-terin water           Weeks Bay.                                gan constructing a Weeks Bay
                 quality monitoring effort which                                                     Interpretive Center; that the site
                 will add to the reserve's informa-                In December 1993, the re-         was designated an Outstanding
                 tion banks.                               serve opened an interpretive cen-         National Resource Waters, and
                                                           ter, located halfway between              with state help, community lead-
                                                           Pensacola, Fla., and Mobile, Ala.         ers established a Weeks Bay Foun-
                                                           The site also hired a coordinator to      dation to provide private support
                                                           develop and implement the inter-          for reserve activities.
                                                           pretive program.

                                                                                                         The Weeks Bay Reserve
                                                                     SUMMARYOF                           was designated in 1986
                                                               EVALUATION FINDINGS                            in the Louisiana
                                                                                                          biogeographic region.
                                                                    The most recent evalua-
                                                            tion findings for Weeks Bay were
                                                            issued in July 1992. The evalua-                  The findings recom-
                                                            tion found that the state was oper-      mended that Alabama secure state
                                                                                                     funding, hire an education coordi-
                                                            ating the reserve in a manner con-       nator, revise the reserve's man-
                                                            sistent with the goals of the Na-        agement plan, and obtain boats
                                                            tional Estuarine Research Reserve
                                                            S yIstem and was adhering to the         and vehicles, and offered several
                         EDUCATIONAND                       federally approved management            administrative suggestions. Re-
                     OUTREACH PROGRAMS                      plan for the site.                       serve managers immediately be-
                                                                                                     gan working to implement these
                          Staff members worked                                                       changes.
                  with Baldwin County's Board of
                  Education to locate a science in-                                             ecosvstems like these (and abov    orpublic,
                                                                                                                                 fi
                                                                           I0e_iTtifle
                  structor at the site to help reserve                              research.
                  staff with reserve education pro
                  gram. As part of the overall edu-
                  cation strategy, the reserve devel-
                  ops exhibits, teaches visiting
                  classes about the site, and offers
                                                              _@j
                                                                        A",
                  numerous teacher training work-                 '@-q
                  shops. The reserve also partici
                  pates in a National Geographic


                  Federal funding accounted for
                  $139,000 of the reserve budget
                  in FY92 and $209,000 in FY93.


                                                                             47










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                          49





         Alaska Coastal Management Program





                 n Alaska, the state's          ties (DTPF),
         Coastal Management Act                 and       the
         (ACMA) of 1977 provides the            DGC. To in-
         foundation for Alaska's Coastal        sure consis-
         Management Program (ACMP).             tency with
         The Act also created the Alaska        coastal poli-
         Coastal Policy Council, which is       cies,      the
         composed of six state agency           ACMP pro-
         heads, the director of the Division    vides for co-
         of Governmental Coordination           ordinatedre-
         (DGQ and nine local government         view        of
         representatives. The DGC, a unit       projects
         of the Office of the Governor,         within the
         provides staff assistance to the       coastal zone
         council. Under the ACMP, local         through the    consistency    review           Alaska anticipates that the
         governments and specially orga-        process.                               report will lead to a memorandum
         nized coastal resource service ar-                                            of understanding between the state
         eas develop locally specific dis-                 PROGRAM                     and MMS. This memorandum
         trict coastal management pro-               ACCOMPLISHMENTS                   should lead to improved coopera-
         grams. The inland coastal zone                                                tion, provide a standardized pro-
         boundary is based on biophysical               Federal Consistency:           cess, and help insure that issues
         relationships, and generally fol-      Alaska received funding under the      are addressed as early as possible
         lows the 1,000-foot elevation con-     CZMA section 309 enhancement           in the review process.
         tour. More specific boundaries are     grants program for a project of
         set during local plan development.     special merit to reconcile timing              Improved Government Qp-
                                                and substantive differences be-        erations: Under ACMP's coordi-
                  TheACMPisanetworked           tween the federal outer continen-      nated permit review process, Di-
         program that binds state agencies      tal shelf (OCS) oil and gas lease      vision of Governmental Coordi-
         to implement responsibilities in       sale process and Alaska's consis-      nation publishes a list of permits:
         accordance with the coastal            tency review process. The Divi-        which have been categorically ap-
         program's goals and policies.          sion of Governmental Coordina-         proved as being consistent with
         Agencies on this team include the      tion, working with other state and     the ACMP ("A" List); generally
         Departments of Commerce and            local agencies and the U.S. Min-       consistent with the ACMP pro-
         Economic Development (DCED),           erals Management Service               vided certain standard conditions
         Community and Regional Affairs         (MMS), analyzed differences in         are met ("B" List); and subject to
         (DCRA), Environmental Conser-          timing and substance between the       the full review process ("C" List).
         vation (DEC), Fish and Game            federal OCS leasing process and        During the biennium, DGC led an
         (DFG), Natural Resources (DNR),        the state's consistency review pro-    effort to update and revise the A-
         Transportation and Public Facili-      cess and prepared a report on these    B-C List. Through annual revi-
                                                differences. To implement some         sions, the state maintains an accu-
                                                of the report's recommendations,       rate list thereby streamlining the
             The Alaska Coastal Zone            Alaska developed regulatory            permitting process.
          Management Program received           changes which are now under the
          federal approval in July 1979.        state's internal review process.               Resource Protection:
                                                                                       Alaska spent several years devel-

                                                                 50





                                                                                 Alaska Coastal Management Program




                 oping performance standards for        Service Area completed the draft        federal permits and activities that
                 gravel pits on the North Slope River   plan for public hearing. When fi-       the state reviews for consistency
                 floodplains to ensure that the mine    nal, the plan will provide a basis      with the coastal program.
                 sites are developed or restored in     for reviewing the consistency of
                 ways that provide fisheries habi-      local, state, and federal decisions.    In FY92, the state operated with
                 tats. Section 309 enhancement                                                  $2,014,000 infederalfunds and
                 grant funds enabled Alaska to turn               SIGNIFICANT                       in FY93 with $2,015,000.
                 several years of research into              PROGRAM CHANGES
                 changes to the coastal manage-
                 ment program. Among the changes                During the biennium,                     SUMMARYOF
                 is a proposed addition to the "B"      OCRM approved new or revised               EVALUATION FINDINGS
                 List, which would provide stan-        district coastal programs for Ju-
                 dard conditions on permits for min-    neau, Thorne Bay, Aleutians East,               OCRM conducted an
                 ing activities to ensure uniform       Sitka, and Haines. Of the thirty-       evaluation of Alaska's Coastal
                 environmental practices. The state     six districts, thirty-four now have     Management Program in Septem-
                 also developed model policy lan-       approved programs in place.             ber 1991. Final evaluation find-
                 guage covering gravel mine sites       OCRM also approved AMSA                 ings, issued in January 1992, iden-
                 for the North Slope Borough            plans for the Point MacKenzie area      tified  as accomplishments the
                 local coastal management pro-                                                          state's streamlined permit
                 gram.                                                                                  review procedures and
                                                                                                        focus on problem- solving;
                        Resource Protectionl                                                            completing 33 out of 36
                 Economic Development: To                                                               district coastal manage-
                 achieve and maintain a balance                                                         ment programs and the
                 between subsistence activities,                                                        initiative to revise old
                 natural resources, economic                                                            plans; interim guidelines
                 development and recreational                                                           for handling petitions
                 opportunities in the commu-                                                            brought before the Coastal
                 nity of Unalaska, the Aleutians                                                        Policy Council; revisions
                 West Coastal Resource Service                                                          to the Forest Resources
                 Area is developing a plan for this                                                     and Practices Act, and
                 Area Meriting Special Attention        of the Matanuska- Susitna Bor-          data- sharing and outreach efforts.
                 (AMSA). Unalaska, located in the       ough, Mitchell, Hood and Chaik-
                 eastern portion of the Aleutian Is-    Whitewater Bays in S.E., Skagway                The findings also recom-
                 lands chain, includes the Port of      Port and River, and Port Graham/        mended the following actions to
                 Dutch Harbor,         among the        English Bay.                            improve Alaska's program: pro-
                 country's top seafood landing and                                              moting improved reporting of
                 processing ports. The coastal dis-             Several statutory and regu-     single agency project reviews; fi-
                 trict is concerned with protecting     latory changes to Alaska's Coastal      nalizing rules to handle petitions
                 subsistence activities, natural re-    Management Act and regulations          brought before the Coastal Policy
                 sources and habitats, recreational     governing state forest practices        Council; improving training of
                 opportunities, and improving im-       were also approved. Furthermore,        agency and district staff; increas-
                 paired water quality, while pro-       Alaska's Coastal Management             ing local participation in monitor-
                 viding vital infrastructure to sup- @  Program added permits issued            ing and enforcement efforts; and
                 port the seafood industry. The         under the Resources Conservation        increasing the emphasis on public
                 Aleutians West Coastal Resource        and Recovery Act to its list of         outreach and education.
                                                                         51


















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                                                                           0
                                             American Sa





          American Samoa Coastal Management Program





                                                                                T:
                           merican Samoa's
          coastal zone boundary encom-
                                                                                           7%,
          passes all of the territory's land
          and water areas. Villages, which
          are overned by chiefs and coun-                           ke,
               9
          cils, retain communal control of
          92 percent of the territorial land
          area. As directed by the American
          Samoa Coastal Management Act
          of 1990 (the Act), all territorial
          agencies must conduct their ac-
          tivities consistent with the Ameri-
          can Samoa Coastal Management
          Program (ASCMP). The program,
          originally authorized by an execu-
          tive order, is now governed by the
          Act, which designates the Eco-
          nomic Development Planning Of-
          fice (EDPO) as the lead agency for
          p
               ram funding and administra-
           rog
          tion. The EDPO issues land use
          permits for all activities affecting   ASCMP      rested  in an executive       ment  agencies,  the ASCMP has
          the resources of the coastal zone      order issued by the Governor. To         been  able to reach more people
          through an interagency review pro-     replace the executive order,             more often throughout the year.
          cess known as the Project Notifi-      American Samoa's Fono (Legis-            The annual Coastweeks (Vaiaso o
          cation and Review System               lature) passed enabling legislation      Gataifale) celebration is the
          (PNRS). The PNRS board, which          for the program - the American           island's most rigorous public
          conducts interagency site visits and   Samoa Coastal Management Act             awareness project with which the
          holds bi-monthly meetings, con-        in 1990. American Samoa is now           ASCMP is involved. Since 1987,
          sists of representatives from eight    nearing completion of adminis-           American Samoa's first celebra-
          territorial agencies.                  trative rules to implement the act,      tion of Coastweeks, the festival
                                                 which are expected to be adopted         grew from one week to three weeks
                     PROGRAM                     by March 1994.                           of fun educational activities spot-
               ACCOMPLISHMENTS                                                            lighting environmental issues and
                                                         Public Awareness: Envi-          concerns. Other public awareness
                  Enabling Legislation and       ronmental education recently be-         activities include: environmental
          Administrative Rules: From the         came the focus of most environ-          activities in schools; an anti-lit-
          program's approval in 1980 until       mental agencies on American Sa-          tering campaign, sandmining en-
          1990, legal authority for the          moa. To maximize its resources,          forcement; 0 Lau Samoa, a
                                                 the ASCMP brings the efforts of a        monthly television program on en-
                                                 number of environmental agen-            vironmental issues; Pulenu'u
           The territory's coastal program       cies into its public awareness/ edu-     workshops (for village mayors);
            received $703,800 in federal         cation efforts. By working with          and community presentations on
           funding support during FY92 other American Samoa Govern-                       ASCMP functions and activities.
             and $607,800 during FY93.

                                                                  54




                                                                  American Samoa Coastal Management Program




                         Wetlands Protection:           Coastal Management Program is           trol Program. These projects, de-
                American Samoa's remaining wet-         also using 306A resource manage-        veloped in conjunction with the
                lands, dominated by mangrove            ment improvement grant funding          American Samoa Environinental
                communities, are being threatened,      to construct solid waste collection     Protection Agency, include dem-
                primarily by filling for residential    facilities in designated Special        onstrations of appropriate meth-
                and commercial use, and by illegal      Management Areas where re-              ods of collecting waste oil, han-
                dumping of solid waste. Because         sources are at risk from illegal        dling piggery waste, controlling
                Western-style regulatory programs       dumping. These facilities will pro-     soil and coastal erosion, and han-
                sometimes fail to have a major          vide an alternative to illegal dump-    dling stormwater drainage.
                impact on the traditional village-      ing for residents of villages in
                based Samoan system of land man-        mountainous areas that do not re-
                agement, the American Samoa             ceive regular solid waste collec-                 SIGNIFICANT
                Coastal Management Program,                                                          PROGRAM CHANGES
                developed innovative programs              The coastal program for the
                that involve working with village           territory receivedfederal                    The American Samoa
                councils to enlist their support in       approval in September 1980.           Coastal Management Program did
                enforcing wetlands regulations.                                                 not submit any program changes
                The goal of this effort is to develop                                           during the biennium.
                village-based wetlands manage-          tion because their roads are too
                ment and regulatory programs.           steep and narrow for collection
                                                        vehicles to navigate.                             SUMMARYOF
                                                                                                    EVALUATION FINDINGS
                         Solid Waste and Marine                 Coastal Hazards Protec-
                Debris: Working with other terri-       tion: American Samoa is faced with               No evaluation of Ameri-
                torial agencies to address the          acute risks from natural hazards-       can Samoa's Coastal Management
                territory's pressing marine debris      including hurricanes, landslides,       Program was conducted during
                problem, the ASCMP is develop-          shoreline erosion, tsunamis, and        the biennium. The next evalua-
                ing new legislation to establish        earthquakes. ASCMP will develop         tion is scheduled for March 1994.
                advance disposal fees for and re-       new regulations and procedures
                strictions on selected imports, an      for hazard mitigation through its
                increase in fines for illegal dump-     Coastal Hazard Assessment and                Coastal program
                ing, and an enterprise fund to sup-     Mitigation Project (CHAMP). The
                port municipal solid waste man-         CHAMP's objective is to develop          lends a helping hand
                agement. In addition to a vigorous      plans and regulations at both the                The Ameri    Ican Samoa
                public education campaign,              village and territorial levels to miti-
                ASCMP and the American Samoa            gate against natural hazards.           Coastal Management Program
                Environmental Protection Agency                                                 is working to protect a 20-acre
                are working with villages to de-                Village Nonpoint Source         parcel of lowland rainforest, the
                velop village-based solid waste         Pollution Control Demonstration         last remnant of such an ecosys-
                management, regulation, and en-         Projects: The ASCMP has devel-          tem left on the main island of
                                                                                                Tutuila.
                forcement programs. These initia-       oped demonstration projects in sev-
                tives have been funded through          eral island villages as part of the              The forest is a critical site
                the section 309 enhancement grant       development of its section 6217         for both native plants and wild-
                program. American Samoa's               Coastal Nonpoint Pollution Con-         life of American Samoa.


                                                                         55








                                                                  eP'



                                    (:'0


                                                       e
                                      S\p @,ce
                                                         XNOII
                             @ec                 e@ ,0 e
                                                        e
                                                     ec

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                                 Elkhorn Slough NERR





                                     Tijuana River NERR
                                                               57





          California Coastal Management Program





                     alifomia's coastline is      industrial development. The CCC         operates under the Conservancy
          managed in two segments under           is responsible for ensuring that all    Act of 1976, as amended, is
          the California Coastal Manage-          development activities affecting        charged with protecting agricut-
          ment Program (CCMP): the San            the coastal zone meet the Act's         tural lands, providing opportuni-
          Francisco Bay segment, which            policies.                               ties for public access, land acqui-
          extends inland generally 100 feet                                               sition and resource protection, and
          from marshes and tidal waters                   The BCDC operates under         undertaking restoration projects.
          around San Francisco Bay and is         the McAteer-Petris Act, but is also
          managed by the San Francisco B ay       responsible for implementing the                   PROGRAM
          Conservation and Development            Suisun Marsh Preservation Act in             ACCOMPLISHMENTS
          Commission (BCDC), and the re-          the Suisun Marsh area. Applicants
          mainder of the coast which covers       proposing any development that                  Resource Management: In
          the vast majority of the state's                                                        1986, the U.S. Environ-
                                                  'YU
                                                  1, IT0,11
                                                  '001                            1 1  1 i
          shoreline and adjacent waters, and                                      IX              mental Protection Agency
          is managed by the California                                                            (EPA) designated the San
          Coastal Commission (CCC).                                                       4@      Francisco Bay/Delta Es-
                                                                                                  tuary Project (SFEP) un-
                                                                     nME,
                  The CCC administers the                               . . . . . . .             der the National Estuary
                                                                       .... ... ...
          California Coastal Act of 1976                                                          Program. The SFEP is in-
                                                                              @,E
                                                                               F 11,1-    -1
          (the Act), as amended, which es-                                                        tended to achieve effec-
          tablished a statewide commission                                                        tive and cooperative man-
          to administer a coastal permit pro-     Chwinel Islands M-Wonal Marine SanctitarY       agement of the Bay/Delta
          gram and required that all coastal                                                      System. BCDC played a
          cities and counties prepare local       involves filling, dredging, or sub-     major role in developing a final
          coastal programs. The CCC also          stantial changes in shoreline use       Comprehensive Conservation Plan
          serves as the lead agency for pro-      within the designated San Fran-         (CCMP), which the SFEP submit-
          gram implementation under sec-          cisco Bay segment of the coastal        ted to EPA in the fall of 1993.
          tion 306 of the Coastal Zone Man-       zone must obtain a BCDC permit.         BCDC is also a key player for
                                                  B CDC also uses special area plans,     impl 'ementing the plan's recom-
                  The state program               developed in cooperation with lo-       mendations.
             was approved in two parts:           cal governments, to implement the
            the BCDC in February 1977             San Francisco Bay Plan. Special                 Natural Resources Protec-
          and the CCC in November 1977.           area plans must be adopted by the       tion: To address a serious problem
                                                  BCDC as an amendment to the             of non-compliance with the
          agement Act. The coastal zone area      Bay Plan and by relevant local          Coastal Act, as well as other regu-
          governed by the Act extends ap-         governments as amendments to            latory programs, the CCC created
          proximately 1,000 yards inland          their general plans.                    an enforcement task force for the
          from the mean high tide line and                                                Santa Monica Mountains area. The
          seaward three miles to the limit of            A third agency, the Cali-        Santa Monica Mountains Task
          the state's territorial sea. In areas   f6mia Coastal Conservancy (Con-         Force brings together federal, state
          of significant co'astal resources the   servancy), is a non-regulatory seg-     and local agencies that regulate
          coastal zone boundary extends in-       ment of the program involved pri-       development activities, and coor-
          land up to five miles. The Act sets     marily with land acquisition, pub-      dinates the monitoring and en-
          forth policies on public access,        lic access, and critical area resto-    forcement activities of these agen-
          C
















































          recreation, marine environment,         ration. The Conservancy, which          cies. The Task Force's goals are,
          land resources, development and                                                 among others, to: protect the area's
                                                                  58




                                                                             California Coastal Management Program





                natural resources, coordinate en-       one innovative project, BCDC            ten years. To continue to be effec-
                forcement efforts, and decrease         pulled together an aff angement to      tive, and to meet its mandate to
                illegal development activities. To      have dredged materials transported      provide the widest opportunity for
                help achieve these goals, the Task      to an upland location for drying,       public participation, the CCC re-
                Force published the "Santa              and then moved to a landfill site to    alizes that it is imperative to con-
                Monica Mountains Enforcement            provide daily cover material.           nect with this constituency through
                Directory, " which describes each                                               outreach and education efforts, as
                agency's area of jurisdiction, vio-              The Conservancy has been       well as to increase the representa-
                lation activities of interest, inves-   the driving force behind another        tion of minorities among coastal
                tigative powers, cease and desist       innovative proj ect- recreating salt    managers. In an innovative project,
                authority, and ability to impose        marsh habitat in the Sonoma             the CCC has joined with a non-
                penalties or require restoration. By    Baylands. The Sonoma Baylands           profit group, the Environmental
                sharing information and coordi-         is a 322-acre site, now diked off       Careers Organization, and devel-
                nating resources, the Task Force        from San Francisco Bay. The             oped the "Coast and Ocean Mi-
                has been very successful in maxi-       Conservancy's plan calls for add-       nority Intem Program." The pro-
                mizing limited public resources to      ing three million cubic yards of        gram is designed to provide em-
                substantially improve its ability to    dredged material to the site and        ployment opportunities in with the
                detect and successfully resolve         breaching the dike to recreate salt     CCC for minority college students
                violations in one of the most threat-   marsh habitat. To date, the Con-        and recent graduates.
                ened regions of the coast.
                                                             !2,31  Rk,
                                                                                       Join
                                                                                                          SIGNIFICANT
                        Resource Managementl
                                                                                                     PROGRAM CHANGES

                                         0
                Port Development: H w to         dis
                pose of materials dredged from                                                          During the reporting pe-
                San Francisco Bay is a critical                                                 riod, OCRM approved changes
                issue facing the region and the                                                 resulting from the state Oil Spill
                BCDC. Ports around the Bay rely                                                 Bill and several minor changes to
                on dredging to maintain existing                                                the BCDC's regulations. BCDC
                channels and to develop new or                                                  also amended its findings and poli-
                deeper channels so that they can             14m. Francisco Prol)osed NERR      cies regarding dredging. Finally,
                remain competitive. As current                                                  OCRM approved LCP's for major
                disposal sites within the Bay fill      servancy has spent 2 million dol-       portions of Orange and Mendocino
                up, alternative sites for disposal      lars on property acquisition and        counties.
                must be identified so that the ports    site design. The Sonoma Baylands
                can continue to operate effectively.    project is a good example of how                  SUMMARYOF
                BCDC has taken a leadership role        the Conservancy's efforts comple-          EVALUATION FINDINGS
                in promoting upland alternatives        ment the regulatory functions of
                for dredge material disposal, in-       the CCMP.                                       The last evaluation site
                cluding disposal sites and options                                              visit was in June 1993. The draft
                to use dredged materials for ben-               Public Outreach: Califor-       findings are scheduled to be re-
                eficial wetlands creation. Over the     nia has been undergoing a dra-          leased in early 1994.
                past year, BCDC has identified          matic change in demographics -            The state received $2,014,000
                approximately 100 sites around          minorities now make up 43 per-               in federal 306 program
                the Bay, and characterized each         cent of the State's population, a       administration funding in FY92
                site according to its ability to ac-    ten percent increase over the past          and $2, 015, 000 in FY93.
                commodate dredged materials. In                          59





            California Coastal Management Program







              ^L
              aTate launches coastal outreach program

                     To involve the public in         Thousands of clean up volunteers have      the proceeds from the recycling pro-
            coastal issues in a positive way, the     joined the Adopt-A-Beach Program           gram to purchase and preserve threat-
            California Coastal Commission de-         to keep their adopted areas clean and      ened rainforests in Costa Rica.
            veloped an award-winning, multi-          free of marine debris all year long.
            faceted program of public education                                                           The emphasis on education
            and outreach.                                      Along with these "hands on"       continues with the expanison of the
                                                      events to raise public awareness and       curriculum. Developed in conjunc-
                     Called the Coastal Conser-       understanding of coastal pollution, and    tion with the Center for Marine Con-
            vation Education Program, the             focus on what the public can do to         servation, the Commission's new Save
            project consists of                       prevent it, are the curricula and youth    Our Seas curriculum now covers kin-
              @ a school Adopt-A-Beach cur-           and citizens guides to facilitate learn-   dergarten through high school.
            n .culum;                                 ing about the coasts, and several
              * a Youth Group Guide adapted to        award-winning posters, brochures and               The CCC also identified al-
            the special needs of youth organiza-      public service announcements (PSAs),       ternative funding sources; for ex-
            tions, such as Campfire, Scouts,          which have been developed to pro-          ample, a public/private partnership
            YMCA, YWCA, and 4H;                       mote the program - Among other hon-        provides finanical and promotional
              e a citizens organizations' Adopt-      ors, the Adopt-A-Beach PSA has re-         support for the Coastal Conservation
            A -Beach manual with particular em-       ceived a JOEY (San Jose Convention         Education Program. Private partners
            phasis on broadening community in-        and Visitors Bureau/San Jose Film          include Lucky Stores, Inc., Pepsi,
            volvement;                                and Video Commission Award of Ex-          Kraft General Foods, the American
              * a Beach Managers' Guide to the        cellence), an ADDY (Northern Cali-         Plastics Council, the California State
            Adopt-A-Beach program structure;          fornia Advertising Association award       Parks Foundation, and the advertis-
              -, general public educational mate-     for the best Regional/National Cam-        ing firm of Foote, Cone and Belding,
            rials, such as public service an-         paign in Public Service Advertising),      Inc. These sponsors were critical to
            nouncements, feature articles, TV         a Silver Apple (National Educational       the program in 1993, when the state's
            and radio appearances, and                Film and Video Festival award for          budget crisis almost ended it. They
              - an education outreach program         best PSA), a State Information Offic-      stepped in to provide the financial
            for schools and youth and citizen         ers Council Award, a nomination for        and promotional support that made
            groups.                                   best PSA at the Sacramento Film Fes-       statewide organizing possible.
                                                      tival and a nomination for an EMMY.
                    The program grew out of                                                              The Coastal Conservation
            the annual coastal cleanup the Com-               The CCC organized a special        Education Program received national
            mission launched during Coastweeks        celebration of the 20th Anniversary        recognition when it was awarded first
            '85, with 2,000 people pitching in to     of Earth Day. As part of this celebra-     place in the 1991 'Keep America
            clean up over 100 sites all along the     tion, the CCC worked with the media        Beautiful" National Awards compe-
            Californiacoast. ByCoastweeks'93,         to focus special attention on one suc-     tition in the State/Federal Agency
            the number of volunteers had shot up      cess story in the Los Angeles area.        category and twice won national Take
            to 50,000) and the number of cleanup      Students participating in the Venice       Pride in America awards. The pro-
            sites more than quadrupled to well        High School Adopt-A-Beach program          gram continues to develop in
            over 400.                                 took what they learned at the beach        innovarive ways and increase its ben-
                                                      (that "Recycling is a Solution to P01-     eficial connections with educators and
                    In 1989, the Adopt-A-Beach        lution"), and applied that knowledge       citizens interested in learning about
            Program,was expanded beyond a one         through initiation of a recycling pro-     coastal issues.
            day event to a year-round activity.       gram in their school. They then used


                                                                        60





                                                                             California Coastal Management Program





                                                                   Y,!,'I'0"R w5i
                                                                                           5.2 "In 61101


                  The Tijuana River
                  National Estuarine
                  Research Reserve
                  provides a research base
                  for California's decision
                  makers looking at coastal
                  issues, such as wetlands
                  restoration and pu blic
                  access.








                                                                                                                   41


                             Califomia 000.5 public access with
                               opening of the Pecho Coast Trail

                        The California Coastal Com-     quested by Pacific Gas & Electric       dition provides for public access
                mission holds a long record of note-    (PG&E) in 1983 to expand the            limited to docent-led tours of no
                worthy achievement in securing in-      utility's nuclear facility located in   more than 15 people two times
                creased public access to the Califor-   San Luis Obispo County.                 per week.
                nia coast.
                                                                The condition required                  The Nature Conservancy,
                                One of CCC's latest     PG&E to dedicate a 3-1/2-mile           a national non-profit conservation
                successes is opening the 3-1/2 mile     lateral bluff trail for public use      organization, agreed to operate
                long Pecho Coast Trail in San Luis      and to develop a detailed plan to       and maintain the Trail under a
                Obispo County.                          provide public access compatible        Memorandum of Understanding
                                                        with the security needs of the          with CCC and PG&E.
                                The opening in Feb-     nearby nuclear powerplant and
                ruary 1993 culminated a 10-year         without endangering the area's                  A beautiful brochure has
                planning and construction effort.       sensitive natural resources.            been produced to acquaint the
                The trail allows the public - for                                               public with the Trail. As a further
                the first time - to enjoy a spec-               The most sensitive re-          permit condition, PG&E estab-
                tacular stretch of coast that had       source concern is protection of sea     lished a fund which paid for con-
                been privately owned and virtu-         otters which pup on the area's          struction of the Trail and some
                ally closed to the public since the     small pocket beaches. This is a         operation and maintenance.
                time of Spanish rule in California.     very rare occurrence attributable to
                                                        the long history of minimal hu-                 Efforts are underway to
                        The Trail resulted from a       man disturbance.                        create  a "Friends of the Pecho
                condition placed by CCC on a                                                    Coast Trail" organization to en-
                coastal development permit re-                  The Accessway Manage-           sure the Trail's long-term mainte-
                                                        ment Plan resulting from this con-      nance.
                                                                         61





          Elkhorn Slough National Estuarine Research Reserve





                      Whom Slough, one of        grounds for many fish species, in-     site is used primarily for visits by
          the last remaining relatively un-      cluding the Pacific herring, starry    the general public, teacher-guided
          disturbed coastal wetlands in Cali-    flounder, and several species of       school groups, and special interest
          fornia and the largest between San     shark.                                 groups such as birdwatchers; edu-
          Francisco and Morro Bay, is lo-                                               cation and research; and habitat
          cated on the central coast at Moss             Elkhorn Slough is man-         restoration.
          Landing, north of Monterey. The        aged by the California Department
          Reserve encompasses approxi-           of Fish and Game, under a man-                    PROGRAM
          mately one-third of the slough and     agement plan approved by NOAA               ACCOMPLISHMENTS
          contains salt marsh, grasslands,       in 1985. Reserve staff includes a
          woodlands, maritime chaparral,         manager, research coordinator,                 Habitat Restoration: Res-
          mud flats, freshwater ponds, and       education coordinator, volunteer toration efforts include replacing
          open water. These natural com-         coordinator, and clerical and main- non-native eucalyptus trees with
          munities provide nursery areas for     tenance staff. A research
          fish and are a critical stop along     advisory committee as-
          the Pacific flyway for migratory       sists the manager with
          birds. Marine mamirnals resident       decisions concerning
          in the reserve are harbor seals and    various facets of the
          sea otters. Bird populations con-      site's management in-                                     ul@k
          sist primarily of migratory, water-    cluding research, educa-
          associated species, with popula-       tion, facilities develop-
          tion peaks in fall and spring. En-     ment, and resource pro-
          dangered birds, including the Cali-    tection. The Elkhorn
          fornia brown pelican and peregrine     Slough Foundation, a
          falcon, also use the reserve. Por-     non-profit       support
          tions of Elkhorn Slough, protected     group, provides assis-
          by the reserve, provide nursery        tance and funding. The
                                                                                             native live oaks; thousands of
                                                                                             seedlings have already been
                                                                                             planted. Additionally, exotic
                                                                                             vegetation
                                                                                                        is being controlled
                                                                                             in an effort to eliminate their
                                                                                             spread and maximize native
                                                                                             vegetation. Feral cats are also
                                                                                             being trapped and removed to
                                                                                             protect ground-nesting birds.
                                              A
                                              11',@
                                                @311
                                                                                                Facilities: Construction of
                                                                                             a new administrative build-
                                                                                             ing, funded by NOAA and the
                                7V
                                                                                             state of California, began in
                                                                                             August 1993, and is slated for
                                                                                             completion in January 1994.
                                                                                             The building is designed to
                                                                                             take advantage of open space

                                                                  62





                                                                Elkhorn Slough National Estuarine Research Reserve














                                                               -5













                 near the visitor center and will be     teers are given opportunities       to  pleted during 1994-1995.
                 similar in style and color to exist-    enrich their skills. Volunteers pro-
                 ing structures. The 2,700 square-       vide valuable assistance in virtu-              RESEARCHAND
                 foot building will include offices      ally all aspects of the reserve's         MONITORING PROGRAMS
                 for the staff, a computer work sta-     operation; they help in interpre-
                 tion, storage and work areas, and a     tive and research activities, main-             Several major research
                                                         taining trails, staffing the book       projects are underway at the re-
                   Stretching 1,385 acres, the           store and visitor center, helping       serve, including an innovative
                 reserve is now 92% complete.            with computer operations, and           agroecology project conducted by
                                                         serving as docents to lead trail        the University of California at
                                                         walks. In the last two years, 105       Santa Cruz. This project, centered
                 meeting room. Staff will be moved       active volunteers devoted over          around a series of pocket marshes
                 from the visitor center, freeing        13,000 hours to the reserve. With-      on or adjacent to the reserve, will
                 space that will be dedicated to in-     out the benefit of the time and         look at the impacts of strawberry
                 terpretive activities.                  effort of the volunteer network,        cultivation on an estuarine envi-
                                                         the reserve would be unable to          ronment and will result in recom
                         Volunteers:         Elkhorn     maintain the high level of visita-
                 Slough NERR has developed an            tion it enjoys.
                 exceptional volunteer network.                  Management Plan: Anew               Elkhorn Slough NERR
                 Volunteers complete nine weeks                                                   received $154,523 in federal
                 of training in the history and ecol-    management plan is being drafted            funding in FY 1992 and
                 ogy of the slough; the training         for the Elkhorn Slough NERR.                  $186,707 in FY 1993.
                 course is held annually and volun-      The plan is expected to be com-

                                                                          63





          Elkhorn Slough National Estuarine Research Reserve
                                                      I





          mended farming methods. A 10-           Day and use of a portable display       creasing networking activities with
          year study of reproductive behav-       at fairs and demonstrations.            the community on research; com-
          ior in songbirds is also continuing.                                            pleting the administration build-
          The reserve has developed an                      SUMMARYOF                     ing; conducting research on and
          "Elkhorn Slough Bibliography"              EVAL UA TION FINDINGS                discussing erosion issues; and co-
          that provides resource managers,                                                ordinating research on nonpoint
          scientists, and educators with an               The last evaluation of          source pollution.
          overview of research in the slough.     Elkhorn Slough NERR, conducted
                                                  in May 1992, showed that the Cali-              The final evaluation find-
                 EDUCATIONAND                     fornia Department of Fish and           ings cited accomplishments in the
             OUTREACH PROGRAMS                    Game was managing the reserve           commitment of the State to the
                                                  in a satisfactory manner.               reserve, the improved working re-
                  Educational programs fo-                                                lationship among the managing
          cus on training teachers to lead                                                agencies of the reserve, the educa-
                                                          Based on the findings of        tion program, the working rela-
                                                  that report, the reserve is currently   tionship of the Research Advisory
           The Elkhorn Slough Reserve             working on a new management             Committee, and the completion of
          was designated in 1980 in the           plan and long-term staffing; in-        the Elkhorn Slough Bibliography.
                 Central California
               biogeographic region.
                                                                 Awturn of the birds

                                                          The Elkhorn Slough re-                  The Caspian tern rook-
          their classes through the reserve       serve has seen marked increases         ery is located in a more remote
          and providing curricula and equip-      in nesting great blue herons, great     portion of the reserve on an is-
          ment to the school groups; in the       egrets, and Caspian terns in re-        land constructed during a marsh
          last two years, 19,000 students         cent years.                             restoration project in 1983.
          have participated. Plans have been
          completed and materials purchased                Herons began nesting at                The terns were first dis-
          for constructing a boardwalk al-        the reserve in 1985. That year, only    covered nesting in the area in
          lowing students access to a mudflat     one heron nest was spotted. Sev-        199 1; by 1993 there were approxi-
          on the reserve. School children         eral years later, the herons were       mately 80 nests.
          can then easily take mud samp es        Joined by egrets The total number
                                                  of nests in 1993 grew to 88, with 27            A graduate student re-
          for investigations in the laboratory    heron nests and 61 egret nests.         cently selected the terns as the
          and study this "lifeblood" of an                                                subject of her master's thesis, con-
          estuarine ecosystem. The reserve,               This rookery has become         tinuing detailed study of this fas-
          with the help of the Elkhorn Slough     a major breeding site for herons        cinating rookery.
          Foundation, has received a video        and egrets on the central Califor-
          microscope that enables visiting        nia coast and is a favorite of slough           The reserve staff con-
          teachers to find items in samples       visitors every spring.                  cluded that the restoration of the
          using a microscope and then have                                                South Marsh at the reserve in
          them displayed simultaneously for               A reserve trail brings          1983 expanded foraging areas
                                                  birdwatchers well within good           and provided the necessary prey
          the entire class on a television        view of the rookery.                    base for these growing nesting
          monitor. Outreach efforts include                                               colonies.
          the annual celebration of Estuaries

                                                                   64





                                                                      Tijuana River National Estuarine Research Reserve





                           he Tijuana River
                  National Estuarine Re-
                  search Reserve encom-
                  passes 2,5 3 1 acres of tid-                     @Di
                                                                                                                       SO Zx
                  ally flushed wetlands, ri-
                                                             01 -
                  parian, and upland habi-
                                                                                      gg
                  tats extending immedi-
                                                                                                   MIA
                  ately north of the U.S.-
                  Mexico border in south-
                  ern San Diego County.


                           As the southern
                  most estuarine system on
                  the West Coast, the re-
                  serve is one of the few
                  remaining examples of





                                                           nia least tern, brown pelican, and        with assistance from Southwest
                                                           peregrine falcon. An endangered           Wetlands Interpretive Association,
                                                           plant, the salt marsh bird's beak,        a non-profit agency cooperating
                                                           also flourishes in the area.              with California's Department of
                                                                                                     Parks.
                                                                    California's Department of
                                                           Parks (CDP) manages the Tijuana                        PROGRAM
                                                           River Re%erve, located within the               ACCOMPLISHMENTS
                  relatively undisturbed, tidally          jurisdictions of Imperial Beach and
                  flushed coastal wetlands in south-       San Diego and near the City of                     During FY92 and FY93
                  ern California. Tijuana River is         Tijuana, Mexico. Responsibility           the reserve focused its efforts on
                  one of about 30 such wetlands            for setting management policies           completing four major projects.
                  south of Point Conception.               lies with the Tijuana River Na-           The artwork on the large topo-
                                                           tional Estuarine Research Reserve         graphic watershed map which
                           The estuary provides pro-       Management Authority comprised            spans the door into the visitor cen-
                  ductive marsh habitat for inverte-       of representatives from the lead          ter was completed. A 15-minute
                  brates, fish, and birds including        agency, the California Department         video, "Timeless River", was pro-
                  federal and state-listed endangered      of Parks and Recreation, and from         duced. An enhancement plan re-
                  or threatened species, such as the       the U.S. Fish and Wildlife Service,       ceived funding and a project man-
                  light-footed clapper rail, Califor-      City of San Diego, the City of            ager was hired. Finally, a set of
                                                           Imperial Beach, San Diego County,         GIS maps of the reserve were pro-
                                                           the California Coastal Commis-            duced based on 1986 aerial pho-
                  T































                   The reserve was designated              sion, and the California Coastal          tography and data collected from
                    in 1982 in the Californian             Conservancy. Education and vol-           fieldwork at the site.
                       biogeographic region.               unteer programs are developed

                                                                              65





         Tijuana River National Estuarine Research Reserve





                 RESEARCHAND                    for research and education pro-                EDUCATIONAND
           MONITORING PROGRAMS                  grams. Research compares the                OUTREACH PROGRAMS
                                                value of constructed marshes ver-
                 The reserve experienced        sus natural marshes and seeks ways              The reserve's education
         substantial physical changes from      to improve restoration methods.         programs center around Marsh
         severe winter flooding in 1992-                                                Awareness with Resources for
         93. Unusually heavy summer             Research conducted with the U.S.        Slough Habitats (M.A.R.S.H.) de-
         floods, caused by the draining of      Fish and Wildlife Service is also       veloped for fifth and sixth grade
         Barrett Reservoir to a safe level      focusing on the problems associ-        students. This ecologically based
         before the 1993-94 winter season,      ated with global climate change         curriculum includes two award
         added to the changes. Flooding         on a regional scale. Geographic         winning videotapes, posters, flash
         presented an opportunity for a new     Information Systems are being           cards and extensive materials for
         and heated round of discussions        used to identify the affects of sea     field investigation. Before visit-
                                                level rise on wetland plant com-        ing the site, teachers must partici-
            At 2,531 acres, the reserve         munities using Tijuana River as a       pate in a two day training course
           has reached a100% complete           model. Further data on accretion        and prepare their students for at
                                                and subsidence rates will be inte-      least two weeks in the classroom.
                 acquisition status.            grated into the GIS as part of re-      Materials forworkshops, offered
                                                gional studies to evaluate loss of      year-round, have been produced
                                                regional and local biodiversity and     in both English and Spanish. Over
         with residents of the river valley,    predict future trends.                  500 teachers from San Diego and
         the city and county of San Diego,                                              surrounding counties have re-
         and the International Border Wa-                                               ceived training through the
         ter Commission. Monitoring pro-                                                M.A.R. S.H. and other training pro-
         grams have tracked the
         influence of hydrologi-
         cal disturbances on the
         Reserve and the recent
         diversion, before the
         flooding, of virtually all
         sewage flow from the es-
         tuary through a tempo-
         rary connector to San
         Diego's treatment plant.
         Now the monitoring pro-
         gram is tracking the re-
         sults of sustained fresh-
         water flow.


                                                                                        412,
                                                                                          '4
         The Pacific Estuarine
         Research Laboratory,
         managed by the San Di-
         ego State University and
         located within the re-

         serve, serves as a center

                                                                 66





                                                                    Tijuana River National Estuarine Research Reserve







                                                                    I'M' @ra
                                                                                              research on habitat restoration pro-
                                                                                              tocol for and coastal wetlands, for
                                                                                              salt marsh restoration in general,
                                                                                              impacts and means of addressing
                                                                                              urban waste water problems and
                                                                                              the ecological functioning of
                                                                                              coastal salt marshes; publication
                                                                                              of an ecological profile; develop-
                                                         MIT
                                                                                              ment of a five-acre native plant
                                                                                              garden; acquisition of approxi-
                                                                                              mately 250 acres; and develop-
                                                                                              ment of important curriculum
                                        W                                                     documents, bilingual education
                                                                                              documents, and sponsoring of
                                                                                              teacher workshops. The OCRM
                                                                                              identified concerns with: site ad-
                                                                                              ministration; non-adherence to


                                                         Wt                                    Coastal Aredgin
                                                                                                              9
                                                                                               t
                                                                                                                   'Pe 'eN,"?N,


                                                                                                  ....... ...



                grams. Reserve    staff have begun     ticipates in the                                       7:
                to coordinate with the local school    National Geo-
                district in their Extended Year Pro-   graphic Kid's
                gram by offerering a new wet-          Network project.
                                                                                       I -
                lands investigation class every                                                            A4.
                three weeks. To complete this pro-               SUMMARYOF                    important   elements   of the man-
                gram, students must visit the re-         EVALUATION FINDINGS                 agement plan; ineffectiveness of
                serve six times. A part-time, bilin-                                          the Management Authority; inad-
                gual education specialist teaches              NOAA issued final evalu-       equate staffing; inadequate coor-
                nature classes after school and on     ation findings for the period Of       dination of research issues with
                weekends. Having a bilingual staff     September 1989 through July,           California Department of Parks
                person enables the reserve to par-     1992. The Office of Ocean and          and the Management Authority;
                ticipate in teacher training work-     Coastal Resource Management            and incomplete facilities develop-
                shops in Mexico-Ensenada               (OCRM) noted as accomplish-            ment. The reserve is responding to
                through cooperation with pro           ments: construction of the visitor     OCRM's list of Necessary Ac-
                esteros, a bi-national conservation    center, and development plans for      tions and Program Suggestions.
                organization, and Tijuana as a         an interpretive and exhibits pro-
                member of PROBEA (proyecto             gram; completion of a restoration       In FY92, the reserve relied on
                bioregional educacion ambiental).      plan to restore intertidal habitats    $160,000 in federal funding, and
                Tijuana River Reserve also par-        lost to sedimentation; milestone             in FY93, on $110,000.
                                                                         67
















                                                                                        0
                                                                                         0





                                                                                             0

                                                                                                '0 D
                                                                                                .^ ip3r
                                                                                                 0
                                                                                                 Q I Cl)
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                                                                                                0
                                               C-onnectic





          Connecticut Coastal Management Program





                        onnecticut's Depart-              Connecticut has a two-          the construction of mosquito con-
          ment of Environmental Protection        tiered coastal management bound-        trol      drainage          ditches.
          (DEP) is the state's lead agency        ary. The inner tier, with stricter      Connecticut's Office of Long Is-
          for implementing the Connecticut        regulations covering most activi-       land Sound Programs, through the
          Coastal Management Program.             ties, extends landward to a 1,000       Connecticut Coastal Management
          DEP's Office of Long Island Sound       foot setback from either the mean       Program, worked with the fon-ner
          Programs (OLISP) administers            high water mark, the inland bound-      Department of Health's Mosquito
          .Connecticut's Coastal Manage-          ary of tidal wetlands, or the inland    Control Unit to explore alternative
          ment Program. OLISP carries out         limit of the coastal flood zone,        techniques for mosquito control.
          coastal management at the state         whichever is farthest inland.           The solution that has been adopted
          level through the permitting pro-       Within the second tier, the state       is open marsh water management,
          ces s for its core authorities. OLISP   manages major state and federal         which recreates surface pools and
          monitors coastal development ac-        activities that affect the coastal      ponds and reestablishes tidal flush-
          tivities and compliance with            zone. This tier extends to the in-
          coastal permit requirements, and        land boundary of the coastal mu-            The Connecticut coastal
          enforces the program.                   nicipalities. The seaward bound-                program earned
                                                  ary of the coastal program matches              federal approval
                  Coastal management at the       the state's jurisdiction in Long Is-           in September 1980.
          local (municipal) level in Con-         land Sound.
          necticut is carried out through a                                               ing in the wetland. Doing so re-
          municipal coastal site plan review                  PROGRAM                     stores marsh habitat for mosquito
          process. OLISP staff provide tech-           ACCOMPLISHMENTS                    larvae predators and leads to an
          nical assistance and oversight to                                               improved, more natural tidal marsh
          the municipalities in reviewing                 Wetlands Protection      and    condition. Roughly 15,000 acres
          coastal site plans and developing       Restoration: Historically, one of       of previously ditched tidal wet-
          municipal coastal management            the major causes of wetland deg-        lands in Connecticut are now un-
          plans and harbor management             radation in Connecticut, before         der open marsh water manage-
          plans.                                  their protection in 1969, had been      ment and are slowly reverting to
                                                                                          their natural state.


                                                                Aj
                                                                                                  A new wetlands restora
                                                                                          tion unit, with specialized staff
                                                                                          and wetland equipment, was es-
                                                                                          tablished within the Department
                                                                                          of Environmental Protection at the
                                                                                          initiative of OLISP staff. Both the
                           V@      pit                                                    staff and equipment came from
                                                                                          the former Department of Health
                                                                                          Services mosquito control unit,
                                                                                          which was in danger of being dis-
                                                                                          banded due to budgetary con-
                                                                                          straints. Before that happened,
                                                                                          OLISP got the unit transferred to
                           JAL









                                                                                          DEP where they now devote all


                                                                   70





                                                                        Connecticut Coastal Management Program





                their effort to marsh restoration.              Harbor Management:              beneficial ways. OLISP staff re-
                Nearly 1,000 acres of tidal wet-        Nineteen of Connecticut's coastal       viewed an application to the Fed-
                land have been restored in Con-         communities are now developing          eral Energy Regulatory Commis-
                necticut during the past ten years,     or implementing harbor manage-          sion for relicensing the Greenville
                approximately 150 acres of which        ment plans, as allowed for in           Dam and Tenth Street Hydropower
                have been restored in the past two      Connecticut's Harbor Manage-            Project on the Shetucket River in
                years.                                  ment Act of 1984. Nearly every          Norwich. While the application
                                                        town has different purposes for         proposed a fish passage to allow
                        Connecticut is the first        adopting these plans, but some          anadromous fish to migrate, the
                state in the country to use funding     common reasons are to see that          application did not propose miti-
                from the federal Inten-nodal Sur-       moorings are allocated and admin-       gation for adverse impacts on rec-
                face Transportation Efficiency Act      istered efficiently and equitably,      reational boaters who use the
                (ISTEA) for tidal wetland protec-       to manage dredging and dredge           Shetucket River. Through nego-
                tion and restoration. As highway        spoil disposal, to improve public       tiations with the applicant, OLISP
                and railway improvements are                                                    succeeded in getting a canoe por-
                made in the state, the state is ac-                                             tage installed for boaters, in addi-
                cessing ISTEA funds to restore                                                  tion to the fish passage.
                wetland sites that were impacted
                in the past by highway or railroad                                                      Directed Research for
                corridors or to mitigate sites that                                             Management: Using its Long Is-
                might be newly affected.                                                        land Sound Research Fund, OLISP
                                                                                                has sponsored a wide range of
                        Public Access: OLISP has                                                                  n be directly ap-
                                                                                                research that ca
                made a strong attempt during the                                                plied for managing the Sound's
                last two years to provide public                                                resources. One example is the re-
                access through the permitting pro-                                              cently completed study of the ef-
                cess by conditioning permits                                                    fect of transportation infrastruc-
                whenever feasible. In one case,                                                 ture on sedimentation in three of
                for example, after reviewing a state                                            Connecticut's coves. The study
                Department of Transportation pro-                                               arose from a concern that trans-
                posal to replace an existing bridge     access, to balance    the  needs   of   portation restrictions, especially
                over the Quinnipiac River with a        recreational boating and local          railroad embankments, had altered
                larger lift span bridge, OLISP          shellfishermen, to maintain the         the quality and quantity of sedi-
                placed conditions on the permits        character of the harbors, to pro-       ments in the three coves. The study
                to require public access. The           vide ininimum standards for moor-       concluded that transportation in-
                project, as revised, will provide a     ing tackle, and to improve water        frastructure was not the cause of
                public fishing pier and a separate      quality, among others. OLISP            changing long-term sedimentation
                parking facility near the bridge.       must review and approve each plan       rates, that upland development and
                The original project proposal made      before a municipality can officially    sea level rise may be more impor-
                no provision for public access.         adopt one.                              tant factors, and that there had
                                                                                                been no change in sediment qual-
                 The coastal program relied on                  Federal Consistency:            ity. This, the first scientific docu-
                  $1,026, 000 in federalfunds           OLISP uses federal consistency          mentation on this matter, has po-
                           in FY92 and                  aggressively to ensure that federal     tentially saved the state millions
                      $1,013,000 in FY93.               projects use coastal resources in       of dollars in transportation im

                                                                         71





           Connecticut Coastal Management Program





           provements which would have had                   SIGNIFICANT
           little impact on sedimentation rates         PROGRAM CHANGES                        Did you know?
           or quality,                                     During the biennium,             000'   The Connecticut River is
                   Elevated nitrogen levels, a     OLISP incorporated its Long Is-         the only major river on the United
           critical issue for the water quality    land Sound license plate program        States' east coast without a ma-
           of Long Island Sound, is the sub-       into the Connecticut Coastal Man-       jor port at its mouth. Approxi-
           ject of several management re-          agement Program. To date the state      mately 70% of the freshwater dis-
           search studies. These projects in-      has sold over 28,000 Long Island        charged into the Long Island
           clude studies of nitrogen sources       Sound plates, raising over $1.5         Sound comes from the Connecti-
           and movement within the Sound,          million for coastal management,         cut River.
           and studies that have identified        including restoration projects in        00"    One-third                 of
           important watershed management          Long Island Sound, research, pub-       Connecticut's         population,
           goals for tributaries to the Sound.     lic access and public education.        roughly 1 million people, live
                   OLISP staff researched the               SUMMARYOF                      along its coast.
           historic distribution of eelgrass, a       EVALUATION FINDINGS                   0'     Twenty-five million
           species of submerged aquatic veg-                                               people, or 10% of the U.S. popu-
           etation, and discovered that eel-               No      evaluation         of   lation, live within 50 miles of
           grass no longer grows in the cen-       Connecticut's Coastal Manage-           Long Island Sound.
           tral or western part of Long Island     ment Program was conducted dur-          0'     Over 6 million people a
           Sound- once part of its historic        ing the reporting period. The latest    year visit beaches on Long Is-
           range. The Long Island Sound Re-        evaluation site visit took place Nov.   land Sound. However only 36%
           search Fund is now sponsoring           29 through Dec. 3, 1993.                of Connecticut's coastline on
           studies to establish baseline infor-                                            Long Island Sound is sandy
           mation on eelgrass and the spe-                                                 beach but almost 40% of that is
           cies' water quality needs.                                                      under public ownership.

                                                                                                   Connecticut has imple-
                                                         A W1                              mented a $15 million no-net-in-
                                                                                           crease in nitrogen policy which
                                                                                           provides funding to retrofit 14
                                                                                           seage treatment plants from
                                                   A                                       Greenwich to Branford to re-
                                                @, 05? Z                                   move nitrogen from their efflu-
                                                                                           ent. As a result of these upgrades,
                                                                                           the state expects a 25 % reduction
                                                                                           in nitrogen discharge from these
                                                                                           plants, based on 1990 levels.

                                                                                                   Harbor seals have re-
                                                                                           turned to Connecticut as a resi-
                                                                                           dent species in Long Island
                                                                                           Sound for the first time in a quar-
                                                                                           ter century.



                                                                    72






                                       e  e0\
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                    6eco                                           ;=04
                ,x@ @@            00-,CPoII
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                   @ec


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                                                                    (D



























                       Delaware NERR
               -@SDel(
                                        73




          Delaware Coastal Management Program





                  he entire state of Delaware,   by addressing both agricultural and    Inland Bays. The coordination
          from its inland boundary to the        urban nonpoint sources of pollu-       project combines cost sharing and
          limit of its territorial waters, has   tion. As elements of this project,     installation of agricultural best
          been designated as the coastal zone.   Delaware's Coastal Management          management practices (BMPS) by
          Delaware's Coastal Management          Program is planning and imple-         private landowners, agricultural
          Program gives the Delaware Bay,        menting the "We Care" approach         and development oriented tech-
          InlandBays, andoceancoasts spe-        developed in the Inland Bays area      nology transfer, and developing
          cial zoning protection from indus-     of Sussex County, retrofitting ex-     sediment and stormwater manage-
          trial development.                     isting stormwater facilities for
                                                 water quality enhancement, and            Delaware joined the ranks
                  Delaware's Department of       mapping groundwater recharge             offederally approved coastal
          Natural Resources and Environ-         areas in the watershed. This project      programs in August 1979.
          mental Control (DNREC) imple-          will aid an ongoing, cooperative
          ments the Delaware Coastal Man-        effort between the Delaware Geo-
          agement Program (DCMP) as a            logical Survey and Department of       ment regulations. The state also
          networked program under the            Natural Resources and Environ-         designed education activities to
          Coastal Zone Act, the Beach Pres-      mental Control to map groundwa-        spread state information on reduc-
          ervation Act, and various water        ter recharge areas in the St. Jones    ing nonpoint source pollution.
          quality and tidal wetlands protec-     watershed.
          tion programs. DNREC's Division                                                        Cumulative and Second-
          of Soil and Water houses                       Nonpoint Source Pollution      ary Impacts: Delaware's Coastal
          Delaware's Coastal Management          -Inland Bays: Delaware also in-        Management Program is con-
          Program.                               stituted a comprehensive water-        cemed with assessing the impacts,
                                                 shed approach for controlling          both cumulative and secondary,
                  Other programs tie into the    nonpoint source pollution for the      of population growth and urban
          state's efforts to manage its coast.
          Under EPA's National Estuary
          Program, the state is developing
          programs to address water quality
                                                                    7.-"            '40V "Or
          and resource management issues
          in the Delaware Bay and the Dela-
                                                                            Tt
          ware Inland Bays. DNREC's In-
          land Bays Recovery Initiative and
          other agency-wide programs fo-
          cus on protecting the Inland Bays
          as well.


                      PROGRAM
               ACCOMPLISHMENTS


                  NonpointSource Pollution
          T


























































          -St. Jones Watershed: Delaware
          has designed a project to reduce
          nonpoint source pollution flowing
          into the St. Jones River watershed


                                                                  74




                                                                            Delaware Coastal Management Program





                development around the coast on a      managing Delaware's coastal re-                 The findings also identi-
                watershed basis. To this end, the      sources: sediment and stormwater       fied some necessary actions for
                DCMP is working closely with the       control; estuarine conservation;       Delaware's program to address.
                Dover City Government, Kent            wetland restoration; public out-       The state must: review and update
                County, other State agencies, and      reach; and grants management.          its program document; reassess its
                area landowners, to complete a                                                    federal funding strategy to fo-
                comprehensive sediment and                                                        cus limited resources on high
                stormwater management plan for                                                    priority coastal management
                the Dover/Silver Lake/St. Jones                                                   issue; finalize draft regulations
                Watershed through the section 309                                                 to implement the Delaware
                Enhancement Grants Program.                                                       Coastal Zone Act of 197 1; and
                Rather thanjust treating the symp-             fpw                                revise its federal consistency
                toms, Delaware is using a "health                                                 procedures to conform to

                                                                      h
                maintenance approach" for devel-
                                                                                                  CZMA regulations. The DCMP
                                                                                                  has addressed these actions.
                oping this plan. Delaware will de-
                rive much of the plan from find-
                                                                                          131
                ings and predictions about the im-
                pacts of various land use scenarios
                on the watershed, made through
                computer modelling. The state is
                using EPA's Storm Water Man-
                agement Model (SWMM Version
                4.2) with ARC/INFO geographic
                information system functions and
                graphics. The coastal management
                program will modify, accurately
                calibrate and verify EPA's model
                with detailed quantitative data.


                         SUMMARYOF
                   EVALUATION FINDINGS


                        Final evaluation findings,
                issued September 27, 1992, show
                that DNREC is satisfactorily ad-
                hering to programmatic require-
                ments. The evaluation documented
                five areas in which the DCMP has
                made significant improvements in


                  The state received $777,000
                  infederalfundingfor FY92
                                                                                                                 @-dhw& f4t,










                    and $876,000for FY93.

                                                                                                              AF
                                                                                                               "M
                                                     IiAj Enw  11"'1314
                                                                                '1001,

                                                                        75





          Delaware National Estuarine Research Reserve






                  he Delaware National Es-               The Delaware Reserve
          tuarine     Research        Reserve    features full range tidal wetlands      The reserve encompasses 8,600
          (DNERR), the newest of the re-         dominated by saltmarsh cordgras s        acres, with open bay water;
          search reserve system, consists of     and salt hay, open water of creek,      3,800 acres land and wetlands;
          two components: the Lower St.          river, and bay areas, and buffered        1,000 acres river and creek
          Jones River and the Upper Black-       by freshwater wooded fringe,              waters, and 3,800 acres of
          bird Creek, which are managed by       farmlands and meadows. The re-              Delaware Bay waters.
          the Delaware Department of Natu-       serve is endowed with a rich pre-
          ral Resources and Environmental        history and a historic I 8th century    funding at a cost of $938,000.
          Control. The Lower St. Jones River     plantation setting. Numerous spe-       Federal funds through NOAA may
          Component in Kent County, is only      cies of birds, reptiles and mam-        match thesse state grants when
          six miles from downtown Dover.         mals make their home at the re-         other key lands become available
          It encompasses 699 acres of tidal      serve including the snowy egret         for purchase.
          marshes, tidal creeks, open water      and great blue heron, bald eagle
          and uplands. The Upper Blackbird       and slack duck, white perch, weak-              Facilities: The State of
          Creek Component is in New Castle       fish, killifish and more. The St.       Delaware and NOAA have com-
          County about 26 miles from             Jones River segment also contains       mitted $175,000 to design the on-
          Wilmington. Its 212 acres consist      spawning horseshoe crabs relished       site Education and Research fa-
          primarily of brackish tidal wet-       by migratory shorebirds. One pair       cility as a commitment towards
          lands, open water and wooded up-       of nesting bald eagles have taken       the operation of the reserve.
          lands, 20 miles from the Lower St.     up residence in the Upper Black-
          Jones area.                            bird Creek segment of the reserve.              Delaware used $260,000
                                                                                         of its State Greenway funds to-
                                                                    PROGRAM              wards the construction of envi-
                                                                ACCOMPLISHMENTS          ronmental/cultural trails, board-
                                                                                         walks, education stations, and a
                                                                   Management            boat launch on the reserve in order
                                                               Plan: Draft and final     to further link the implementation
                                                               management plans          of multiple facets of the reserve's
                                    Ito-                       and environmental         mission.
                                                               impact statements
                                                               were developed for                RESEARCHAND
                                                               the reserve during the     MONITORING PROGRAMS
                                                               biennium.
                                                                                                 Since designation, the
                                                                  Land Acquisition:      Delaware NERR began to moni-
                                                               By taking advantage       tor and inventory plant and ani-
                                                               of market opportuni-      mal species, and cultural and his-
                                                               ties, Delaware pur-       torical resources within the re-
                                                               chased 910 acres of       serve.
                                                               fee simple lands and
                                                               conservation ease-        The reserve has acquired 66%
                                                               ment within the pro-        of the total 8,600 acres
                                                               posed reserve bound-       24% is under state control.
                                                               ary using 100% state

                                                                  76





                                                                       Delaware National Estuarine Resear                ch Reserve





                       Delaware joins national reserve system

                          The Delaware National          favorably received by the public          support to meet the reserve's con-
                 Estuarine Research Reserve              and landowners within the pro-            servation needs.
                 (DNERR) became the 22nd re-             posed boundaries.
                 serve of the National Estuarine                                                           In just the first year,
                 Research reserve System on July                  The reserve staff, with aid      DNERR staff secured $252,000
                 21,1993.                                from Delaware's Conservation              through the Greenways. Program
                                                         Districts, helped nearby landown-         in Delaware to plan and construct
                          Even in this short time,       ers create landowner associations         a marsh boardwalk.
                 the program has already demon-          for each component to bring
                 strated a commitment to work            landowner's concerns to the state.                The 1,300-foot boardwalk
                 with local interests and resource-                                                will be used for interpretative
                 fulness in acquiring state fund-                 The associations, which          purposes. A 33,000-square-foot
                 ing for reserve projects.               elect different officers each year,       NERR Education and Research
                                                         have been involved in the devel-          Center at the St. Jones Compo-
                          The state's commitment         opment of the Final Environmen-           nent is in the architectural draw-
                 to keep surrounding local inter-        tal Impact Statement and Draft            ing stage.
                 est groups and citizens involved        Management Plan, as well as the
                 and informed throughout the re-         Final Management Plan for the                     The State of Delaware
                 serve designation process               entire reserve. These associations        plans a formal designation cer-
                 smoothed the process. As a re-          may even become "friends of the           emony for the reserve in the
                 sult, the Delaware Reserve was          reserve," providing volunteer             spring of 1994.



                          As the reserve moves into              EDUCATIONAND                              These programs will also
                 the operating mode, staff will              OUTREACH PROGRAMS                     be designed to instill an environ-
                 monitor water resources and the                                                   mental/cultural ethic geared to-
                 reserve's contributing watershed;                Also since designation, the      ward encouraging beneficial hu-
                 protect, restore and rehabilitate       Delaware NERR began to develop            man use of estuarine resources.
                 resources; and conduct research         education and outreach programs,
                 studies to determine resource re-       defining goals for those programs                   SUMMARYOF
                 sponse to induced activities in the     that fit the site's management plan.         EVALUATION FINDINGS
                 controlled environment of the re-                Education services will be       NOAA did not conduct an evalua-
                 serve.                                  designed to facilitate information        tion during FY92 or FY93.
                                                         exchange between estuarine re-
                                                         searchers and the coastal users and
                                                         decision makers. Education and
                 The reserve received $100,000           outreach activities will target adults         The reserve lies within
                   in federal funding during             who can, in turn, develop                             the Virginian
                  FY92 and $110,000 in FY93.             children's awareness of human                   biogeographic region.
                                                         uses, misuses, conservation, and
                                                         protection of estuarine resources.

                                                                           77














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                                             Apalachicola NERR
                          e































                                                Rookery Bay NERR


                                                         79





           Florida Coastal Management Program





                   he Florida Coastal Man-                      PROGRAM                      marina siting plans; establish, by
           agement Program (FCMP) is a net-              ACCOMPLISHMENTS                     rule, a process for resolving dis-
           worked program comprised of 26                                                    putes regarding the designation of
           State laws and their implementing                ELMSHILegislation: With          spoil disposal sites; and study and
           regulation. The CZM boundary in-        CZMA funds, Florida supported             prepare recommendations on
           cludes the entire state and its terri-  the third Environmental Land Man-         coastal management funding.
           torial waters. Eleven separate          agement Study Committee (ELMS             FCMP and IMC staff are now
           agencies administer these laws and      111) study and recommendations.           working to complete all of these
           regulations, with the Department        In 1993, legislation was passed           assigned tasks.
           of Community Affairs' Office of         which implemented many of the
           Coastal Management, designated                                                            Public Access: Florida is
           as the lead agency in charge of             The state coastal program             using section 309 enhancement
           prograrnimplementation. Day-to-               was approved by NOAA                grant funds to develop the author-
           day administration rests primarily              in September 1981.                ity to require public access to state-
           with the Department of Commu-                                                     funded beach restoration projects.
           nity Affairs (DCA) and the De-                                                    The state will have the authority to
           partment of Environmental Pro-          ELMS III study recommendations.           impose conditions on the projects
           tection (DEP) - formerly the            Among other things, the legisla-          to ensure that provisions are made
           Department of Environmental             tion defined the state's coastal high     for public access.
           Regulation and the Department Of        hazard area as the area inundated
           Natural Resources. The DCA and          by a Category I storm; and directed               Public Outreach and Par-
           DEP coordinate their activities         the IMC to: establish a county-           ticipation: In 1992, the Governor
           under a memorandum of under-            based, prioritized program for ac-        re-established the Citizens Advi-
           standing (MOU), which was               quiring coastal properties; develop       sory Committee on Coastal Re-
           signed in 1981 and recently up-         and implement a public outreach           source Management (CAC), and
           dated in order to formalize their       strategy for the FCMP; develop            reappointed its membership. The
           working relationship and better co-     and implement a pilot coastal wa-         legislature also adopted legisla-
           ordinate Florida's approach to          ter quality improvement program;          tion to make the Chairperson of
           coastal management. A Florida           identify incentives to encourage          the CAC a voting member of the
           Coastal Resources Interagency           counties to adopt county-wide             IMC. To directly expand its public
           Management Committee (IMC),
           which includes the heads of all             ic,o@;,t o u@'r'ism has become an issue for coastal managers.
           FCMP agencies and the chairper-
           son of the Florida Citizen Advi-
           sory Committee on Coastal Re-                                                 4"WL'L."W." .-.dog   IIL@
           sources Management (CAC), for-
           mulates and coordinates policy and
           resolves disputes for the FCMP.
           The CAC, whose members are
           appointed by the Governor, pro-
           vides ongoing public input into
           T













































           the program. The Governor's Of-
           fice of Planning and Budget (OPB)
           assists the DCA with federal con-
           sistency reviews.

                                                                     80





                                                                               Florida Coastal Management Program





                outreach efforts, the DCA hired a      impacts of the March 13, 1993           vation goals for which the state
                full-time publication specialist.      winter storm and develop recom-         bought the land, and to address
                With this help, the FCMP has pro-      mendations for mitigating impacts       local government concerns about
                duced new fact sheets on the pro-      of future storm events. The IMC         removing so many acres from lo-
                gram, the IMC, and the CAC; tech-      Winter Storm Task Force is com-         cal tax rolls. The ad hoc committee
                nical bulletins on various sources     prised of IMC agencies and other        concluded that portions of the land
                of technical assistance and fund-      state, federal, and local represen-     were, surplus to the state's needs
                ing programs; and a quarterly          tatives, with staff support provided    and recommended that the state
                newsletter.                                                                            study all of south Walton
                        Im rovements to                                                   IN           County - to determine
                           P                                                                           the area's conservation and
                Cooperative Agreement                                                                  development needs. The
                Management and Admin-                                                                  study, funded by the state
                istration: The 11\4C adopted                   i(",,        W                          legislature, is ongoing.
                the Florida Coastal Action
                Plan in March 1992 to set                                                                    SIGNIFICANT
                funding priorities for t e
                                                                                                        PROGRAM CHANGES
                FCMP. Florida adopted
                rules (9M-1 F.A.C.) gov-                                                                       In April, 1992 the
                erning the administration                                                              state legislature passed
                of state coastal zone                                                                         ation transferring
                                                                                                       legis
                managment funds. The                                                                   lead agency responsibili-
                state is also revising rules                                                           ties and program adminis-
                to improve how the State                                                               tration from the Depart-
                applies for, evaluates and disburses   by the FCMP. The task force con-        ment of Environmental Protection
                federal funds. In October 1993,        ducted public meetings in Dixie,        (DEP) to the Department of Com-
                the IMC adopted the revised            Levy, and Taylor Counties to seek       munity Affairs (DCA). The legis-
                Coastal Action Plan for 1994-96,       public input and comment.and has        lation placed the FCMP in the
                which more clearly specifies pri-      worked to resolve issues that would     DCA's Office of the Secretary.
                ority issue areas.                     require state action in the rebuild-    Florida submitted the legislation
                                                       ing process. The task force identi-     as aprogram change, whichOCRM
                        To acquaint the public with    fied 17 issues and made recom-          approved in 1992. Since then the
                new state coastal zone manage-         mendations, adopted by the IMC,         state has hired an Executive Direc-
                ment subgrant application proce-       and forwarded to the Governor           tor for the FCMP, and hired 15 full-
                dures, FCMP staff conducted 15         and Cabinet.                            time staff members to work on
                public workshops during FY92 and                                               administering the coastal manage-
                FY93. The FCMP is working with                 Point Washington Land           ment. program.
                five regional agencies to organize     Purchase: At the request of the
                workshops on a variety of coastal      Governor and Cabinet, the IMC                   Florida also revised its in-
                related issues.                        established an ad hoc committee         teragency operating agreement.
                                                       to determine whether the state          which establishes the State's re-
                         HazardMitigation-IMC          needed all of the approxi-              sponsibilities and procedures for
                Winter Storm Task Force: At the        matelyl8,000 acres of land pur-         Federal Consistency Review. The
                request of the Govemor,the IMC         chased from the Resolution Trust        new operating agreement was ex-
                created a task force to evaluate the   Corporation to achieve the conser-      ecuted on June 14, 1993.

                                                                        81





          Florida Coastal Management Program





          agreement designates the DCA as        program to enhance the ability of       consistency reviews; and improv-
          the state agency responsible for       the lead agency to adequately ad-       ing public involvement in the
          issuing all consistency concur-        minister the approved FCMP;             implementation of the FCMP. All
          rences or objections, except where     strengthening the policy formula-       necessary actions related to the
          the DEP has an analagous state         tion and coordination function of       312 evaluation have been accom-
          permit; in those cases, DEP could      the IMC; providing for better           plished by the state.
          issue a consistency determination.     evaluation of the effectiveness of
                                                                                                 The findings also noted ac-
                   SUMMARYOF                        Florida's coastal program            complishments in the state's: use
             EVALUATION FINDINGS                        received $2,387,600              of CZM funds to assist the devel-
                                                    in federalfunding in FY92            opment of watershed management
                  Final evaluations findings,        and $2,388,600 in FY93.             plans as part of the Surface Water
          issued in June, 1992, indicated that                                           Improvement Management pro-
          the state was not fully adhering to                                            gram; development of a comput-
          the provisions of the federally ap-    implementing the FCMP; improv-          erized program to facilitate fed-
          proved FCMP. These findings con-       ing financial assistance allocation     eral consistency review; and spon-
          tained several necessary actions       and management; clarifying and          sorship of the successful "Navi-
          for the state to address including:    documenting the procedures used         gating the Nineties" conference
          relocating and fully staffing the      by the State to conduct federal         that attracted 300 participants.

              Florida takes charge of on-siote sewage disposal
                  Through the CZMA en-           prepared a report for the gover-        vent the spread of communicable
          hancement grants program,              nor and legislature concerning on-      diseases, degradation of water
          Florida is addressing the cumula-      site sewage disposal systems on         quality, and contamination of
          tive impact of the use of on-site      lots platted before 1972. Florida's     coastal resources.
          sewage disposal systems in             coastal program is also testing dif-
          coastal development.                   ferent technologies for alternative             Chapter 1013-6, Florida
                                                 on-site sewage disposal.                Administrative Code, which
                  The state used enhance-                                                implements Chapter 381, provides
          ment funds to develop legisla-                 Florida's regulations on        permitting standards, many of
          tion which expands its regula-         management of on-site sewage            which are designed to set a mini-
          tory authority over septic systems.    disposal systems were incorpo-          mum level of protection.
          With this expanded authority, the      rated into the FCMP with NOAA's
          state will consider the environ-       approval in December 1993.                      The incorporation of these
          mental quality of coastal waters                                               regulations into the FCMP will
          and resources, as well as the pub-             These regulations include       provide a more uniform, compre-
          lic health consequences in man-        Chapter 381 / F.S. and Chapter IOD-     hensive management of on-site
          aging and siting on-site sewage        6, F.A.C. Chapter 381 gives the         disposal systems and their
          disposal systems.                      Department of Health and Reha-          asssociated impacts, protect the
                                                 bilitative Services the authority to    surface and ground waters that
                  As part of this project, the   permit the installation and con-        serve for public drinking and rec-
          coastal program has adopted            struction of on-site disposal sys-      reation, and protect marine and
          memoranda of understanding be-         tems, which include septic tanks,       estuarine organisms from con-
          tween relevant agencies, estab-        package sewage plants, and alter-       tamination by reducing nutrient
          lished an advisory committee, and      native systems, in order to pre-        and pathogen loadings.

                                                                  82





                                                                  Apalachicola National Estuarine Research Reserve





                         he Apalachicola National
                 Estuarine Research Reserve and
                 surrounding drainage basin con-
                 tain barrier islands, as well as es-
                 tuarine, riverine, floodplain, and
                                                                   In"
                 upland environments. Among the
                 habitats within these environments
                 are beaches, oyster bars, salt and
                 fresh marshes, forested flood-
                 plains, and sandhills. Within the
                 reserve, 1162 species of vascular
                 plants have been identified. More                                    A
                                                                                      Ai@
                 than 1300 species occur in the
                 Apalachicola drainage basin; of
                 these, 103 are listed as threatened.
                 The reserve also houses the largest
                 stand of tupelo trees in the world,
                 which supports a $500,000 a year
                 honey production industry.
                         The Apalachicola basin is         The reserve sponsors education tours for students learning about science a
                 rich in species diversity. It has the     coastal ecosystems.
                 highest species density of
                 amphibilans and reptiles in all of       face, more than 180 species of fish      quarters is a 3,300 square foot
                 North America, north of Mexico.          have also been documented in the         facility containing office space, a
                 Counting subspecies, 47 species          reserve, and through research, the       research and teaching laboratory,
                 of amphibians and 87 species of          reserve has doubled, to 362 spe-         and an auditorium with 100-per-
                 reptiles can be found in the basin.      cies, its list of marine mollusks        son seating capacity. An annex
                 The reserve also boasts 315 spe-         found within the reserve and adj a-      houses office and lab space for the
                 cies of birds within its boundaries      cent portion of the Gulf of Mexico.      reserve's research staff.
                 - 100 species of which nest at the
                 site and 21 of which are listed as               Apalachicola Bay, with its                   PROGRAM
                 threatened or endangered.                rich species diversity, is one of the         ACCOMPLISHMENTS
                 Apalachicola NERR is home to             most productive estuaries in the
                 fifty-seven species of mammals,          Northern Hemisphere. Over 90                      During the biennium, the
                 including the threatened Florida         percent of all oysters harvested in      staff drafted a management plan
                 black bear, endangered West In-          Florida, and over ten percent of the     for the reserve, updating the plan
                 dian manatee, and Indiana and            nation's crop, come from waters          that was put in place when the
                 gray bats. Under the water's sur-        within the Apalachicola Bay Re-          reserve was designated in 1979.

                                                          serve.

                    Federal funding granted the                   Florida's Department of
                 T































                      reserve with $110,000 for           Environmental Protection man-            Most of the reserve's 193,758
                        operation in FY92 and             ages the reserve, and employs its             acres is state-owned,
                           $100,000 in FY93.              11 person staff. The reserve's head-             submerged land.

                                                                           83





           Apalachicola National Estuarine Research Reserve





                   RESEARCH AND                      ity monitoring; correlating bio-         Research Reserve was conducted
            MONITORING PROGRAMS                      logical components of water              during the biennium. The next
                                                     quality with river flow and up-          evaluation is scheduled for Sep-
                   The reserve provides sup-         land development; commercial             tember 1994.
           port for visiting scientists. During      and recreational fishery manage-
           the biennium, the reserve contin-         ment; and food chain research.
           ued an ongoing study of on-site                                                    Reserve hei-h-tens
           disposal systems on St. George                   EDUCATIONAND                                              9
           island to determine whether the              OUTREACH PROGRAMS                     students'science
           systems are adequate or whether a                                                       appreciation
           centralized sewage treatment sys-                 The Apalachicola Bay
           tem is needed for the island. Ef-         NERR     provides its audiences
           forts are also underway to collect        with a variety of methods to learn                Minority and underprivi-
                                                     about estuarine ecology in a natu-       leged elementary students in the
                                                            ral setting. On-site educa-       Apalachicola Bay area may have
                                                            tion opportunities include        gained a greater appreciation for
                                                            hands-on exhibits, cultural
                                                                                              the resources of the reserve over
                                                            experiences, an audio-vi-         the summer of 1993.
                             J
                                                            sual lending library, slides
                                                            and audio-visual presen-                   Approximately 90 fourth
                                                            t
                                                            ations, a guest lecture se-       through sixth graders from the
                                                            ries, interpretive field trips    three local elementary schools
                                                            and hikes into river, bay,        spent three days at the reserve as
                                                            and barrier island habit          part of a 12-day summer school
                                                                                       ats,
                                                            teacher workshops, and            program on math, science and
                                                     training to certify oystermen.           computers.
           baseline information on contami-          Among its off-site educational
           nants in the sediments and on sedi-       opportunities, the reserve offers                 In two sessions, one in
           mentation rates within the reserve.       classroom curriculum materials,          late June and another in early
                                                     travelling displays, slide and au-       July, students explored the re-
                   The reserve's two research        dio-visual presentations, and            serve, spending one day on an
           staff members worked on 28 re-            publications such as newsletters         island, one day on the river flood
           search projects during fiscal years       and brochures. Among its publi-          plan and the final day at the re-
           1992 and 1993. With respect to six        cations, the reserve developed a         serve center.
           of the projects, research staff are       field trip activity guide for the
           the principle investigators; on the       reserve through its education pro-                Students experienced
           remainder, they provide research          gram, which targets an audience          hands-on environmental activi-
           support. The reserve's Priority re-       ranging from Pre-K through               ties, such as wastewater treat-
           search topics include water qual-         adult.                                   ment and monitoring. The pro-
                                                              SUMMARYOF                       gram, funded by an education
                                                                                              grant to the local public school
           The reserve was designated                  EVALUATION FINDINGS                    system, is the first of its kind for
             in 1979 in the Louisiana                                                         the reserve.
               biogeographic region.                         No evaluation of the
                                                     Apalachicola National Estuarine

                                                                      84




                                                                       Rookery Bay National Estuarine Research Reserve




                          he Rookery Bay Reserve                        PROGRAM                        pleted the installation of a new
                 features pristine mangrove forests              ACCOMPLISHMENTS                       modular office building in 1993,
                 surrounding shallow bay waters.                                                       funded by NOAA.
                 The upland buffer consists of pine                  In 1993 the State of Florida
                 flatwoods and dry-zone scrub.              acquired 2,300 acres on Key Is-                    The reserve staff revised
                 Bottle-nose dolphin thrive in              land, the largest remaining                the site's management plan during
                 Rookery Bay's shallow waters, as           unbridged barrier island in Florida        1993, and conducted apublic meet-
                 does the manatee. Red, white and           for inclusion within the reserve.          ing on the revised plan. Approval
                 black mangroves make up the                The purchase represents the cul-           of the management plan is ex-
                 reserve's pristine forests, which                                                     pected in early 1994.
                 are home to the white ibis. The
                 state has continued to acquire land,        The reserve was designated in                      RESEARCH AND
                 adding to the reserve's area. The             1978 in the Western Indian                MONITORING PROGRAMS
                 reserve staff is employed by the                 biogeographic region.
                 Florida Department of Environ-                                                                 Research activities include
                 mental Protection - the state                                                         mangrove restoration and moni-
                 agency responsible for managing mination of three years of negotia-                   toring, water quality monitoring,
                 the site.                                  tions between the State of Florida         habitat mapping, and wetland stud-
                                                                              and the owners.          ies. Rookery Bay NERR has one
                                                   @,UA 'A, 0AS is", r
                                                                                he land will in-       of the largest state-supported re-
                                                                                                       search progra
                                                                              crease the possibil
                                                                                                                        ins in the system.
                                                                              ity for public envi-     Research activities include stud-
                                                                              ronmental educa-         ies on the impacts of mosquito
                                                                              tion, increased re-      control pesticides on non-target
                                                                              search, and of           estuarine species, recovery of man-
                                                                              course, improved         groves from the impacts of Hurri-
                                                                              protection of the        cane Andrew, restoration of man-
                                                                              land. Efforts are        grove ecosystems, and the effects
                                                             'w'p,g
                                                                   51         underway to ex-
                                                             "Pr
                                                                              pand the reserve's
                                                                                                        In FY92, the reserve operated
                                                            On
                                                                              boundaries to in-
                                                             ffj                                       using $110,000 infederalfunds
                                                                              clude this island.
                                                                                                        and in FY93, using $190,000.

                                                                                       In 1993,
                                                                              the state of Florida     of eutrophication on phytoplank-
                                                                              spent $20 million,       ton and mangrove communities.
                                                            Arm""*.           with         another     The reserve is home to the second
                                                                              $750,000 in fed-         oldest long-term monitoring plots
                                                                              eral money, to ac-       for mangrove forests anywhere in
                                                                              quire over 3,000         the world. Through its monitoring
                                                  AR
                                                                              acres for the re-        program, the reserve measures es-
                                                 @RF                                      including    tuarine water quality and surveys
                                                                              serve
                                                                              Key Island. The re-      the number of wading birds and
                                                                              serve also com-          manatees.



                                                                               85





          Rookery Bay National Estuarine Research Reserve





                                                                                               Reserve, CZM
                                                                                               collaborate to
                                                                                       educate coastal users

                                                                                                  In a spirit of cooperative
                                                     MIN
                                                                                         resource management, the state's
                                                                                         Coastal Management Program
                                                                                         picked up on the Coastal Resource
                                                                                         Management Workshop Series of-
                                                                                         fered by the Rookery Bay Reserve.

                                          Eli
                                                                                                  Reserve staff members co-
                                                                             4t          ordinated the original series, ar-
                                                                                         ranging for experts to voluntarily
                 EDUCATIONAND                     and hosted an annual Catch             speak to groups of 30-40 people on
             0 UTREA CH PR 0 GRAMS                Release Fishing Tournament as          topics ranging from land acquisi-
                                                  a fund-raiser and fisheries con-       tion to pesticide use and oil spill
                  The Rookery Bay Reserve         servation event.                       response.
          has one of the most accomplished
          education programs in the Reserve                A non-profit organiza-                 The free workshops tar-
          System. Programs include high           tion, The Conservancy, Inc.,           geted local and regional planning
          school field trips, in-class lectures   owns and operates an interpre-         and permitting agents and environ-
          and demonstrations, career days,        tive center within the reserve.        mental industries. To give partici-
          science fairs, and teacher work-        Through a cooperative agree-           pants a clear picture of the topics,
          shops. Extending its education and      ment The Conservancy and the           the day-long programs were di-
          outreach efforts to adults, the re-     reserve share resources to reach       vided into two segments: technical
          serve developed a brochure for          a wide range of target audiences       discussion and field trips.
          "locals" entitled "Keep It Clean"
          which informs the public on how                  The reserve has devel-                 The program, which has run
          to manage households in an envi-        oped a popular series of educa-        six workshops a year since 1989,
          ronmentally sensitive manner. The       tion courses and weekend semi-         has proven so useful that the state's
          reserve also conducts coastal zone      nars for the adult public, on top-     Coastal Management Program will
          management seminars for resource        ics ranging from Inshore Fish-         expand the series, sponsoring work-
          decision-makers at the state and        ing and Birdwatching to Gulf           shops at five additional sites. The
          local levels.                           Coast Cooking.                         new spotss include Apalachicola
                                                                                         Reserve, Florida Keys National
                  The   Friends of Rookery                 SUMMARYOF                     Marine Sanctuary, the Environ-
          Bay, Inc., a volunteer non-profit         EVALUATION FINDINGS                  mental Protection Agency's Indian
          organization for the reserve, has                                              River National Estuary Program, a
          sponsored a quarterly bird census,               An evaluation of the          community college in Tampa, and
                                                  Rookery Bay Reserve was con-           a university in Jacksonville. The
             Most of the reserve's 8,400          ducted in 1993. Final evalua-          extension program begins early in
              acres is state-owned land.          tion findings are pending.             1994.

                                                                   86











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      -7@Sapelo Island NERR
                              87





          Sapelo Island National Estuarine Research Reserve





                  he Sapelo
          Island National Es-
          tuarine Research
          Reserve is located
          in the midst of an
          estuary where the                      . .....
          currents of Doboy
                                bN@
          Sound and t e
          Duplin River me t.
          The reserve e
          compasses ecolo-
          gies typical of the
          Carolinian biogeo-
          graphic region,
          which stretches
          from North Caro-
          lina into upper
          Florida, and incor-
          porates a coastline
          characterized
                            by
          vast expanses      of
          tidal salt marshes
          protected by a buffer of barrier       mocks scattered throughout the salt               PROGRAM
          islands. Sapelo Island is the fourth   marsh and beach areas and a                 ACCOMPLISHMENTS
          largest of a string of 1.3 barrier     healthy beach and dune system
          islands along the Georgia coast.       fronting the Atlantic Ocean. The               Management and Staffing:
                                                 greatest portion of the reserve is     In the summer of 1993, adminis-
                  The Sapelo Island NERR         comprised of extensive belts of        tration of the Sapelo Island Re-
          contains about 2,300 acres of up-      salt marsh, which hosts a wealth of    serve was transferred from the
          land forest inhabited predomi-         inhabitants. Smooth cordgrass          Wildlife Resources Division of the
          nantly by stands of southern hard-     (Spartina alterniflora) provides       Georgia Department of Natural Re-
          woods (particularly live oak), pure    some 90 percent of the salt marshes    sources to the Parks and Historic
                                                 on the reserve. At low tide, mem-      Sites Division. At the same time, a
                                                 bers of the diverse salt marsh com-    new Reserve Manager was em-
          The reserve includes the entire        munity come to feed and repro-         ployed to coordinate the educa-
               Sapelo Island, in the             duce in and around the marshes         tional, interpretive, research and
          Carolinian biographic region.          along the exposed river and creek      monitoring activities of the Sapelo
                                                 banks. The Duplin River, which         Island NERR. A new Education
                                                 flows through the heart of the re-     Coordinator was hired at the end
          stands of pines (long leaf and         serve, serves as a nursery ground      of 1993. The Department of Natu-
          loblolly), white-tailed deer, wild     for the development of juvenile        ral Resources also appointed new
          turkey and other wildlife. The re-     shrimp, menhaden, Atlantic blue        members to the reserve's Advi-
          T












































          serve also contains a network of       crabs, sea trout, sea bass, oysters,   sory Committee in 1993. This com-
          oak, cedar and palm upland ham-        clams and other marine life.           mittee represents various disci-





                                                                   Sapelo Island National Estuarine Research Reserve





                                                                                                  or more scientific publications
                                                                                                  address the general ecology and
                                                                                                  system energetics of the Sapelo
                                                                                                  Island Reserve's salt marshes.

                                                         M01
                                                                                                           During the biennium,
                                                                                                  OCRM funded a study on the
                                                                                                  settlement of oyster larvae in an
                                                                                                  area over time and space to deter-
                                                                                                  mine recruitment pattern at sev-
                                                                   777                            eral sites within the reserve. Com-
                                                                                                  bined with pathological and ga-
                                                       F-7
                                                                                                  metogenic studies of spat and adult
                                                                                                  oysters, as well as hydographic
                                                                                                  data recorded at each site, the da-
                                                                                                  tabase established by this study
                  plines and public interest groups      search at the reserve. The Marine        will provide management agen-
                  on a local, regional and state level.  Institute, also within the reserve,      cies with the biological informa-
                                                         is now in its 40th year of research      tion necessary for the establish-
                          LandAcquisition: In 1992,      on Sapelo Island, employing seven        ment of effective fishery and re-
                  the reserve bought the Sapelo Is-      full-time scientists and over 60         source management guidelines.
                  land lighthouse tract on the south     visiting scientists. Through the Ma-
                  end of the Island, with partial fund-  rine Institue, scientists have stud-             OCRM also provided
                  ing from OCRM. This purchase           ied the many facets of salt marsh        funding to upgrade weather sta-
                  added 205 acres of tidal salt marsh    and barrier island ecology, includ-      tions and Hydrolab Data Sonde
                  and oak and pine hammock land          ing microbial processes, bio-            III units for the Marine Institute's
                  to the reserve, as well as an his-     geochemistry, and the population         network, which will greatly aid
                  toric brick lighthouse built in 1820   dynamics of the salt marsh and           the reserve's monitoring program.
                  and abandoned.                         other estuarine environments.            With this state-of-the-art equip-
                                                         Most of the Marine Institute's 600       ment, the Sapelo Island Reserve

                       Designated in 1976,
                                                                                                     1,1!T
                  the reserve now covers 6,110                        5 M
                  acres, giving the site a 100%
                  complete acquisition status.                                                       E  'il@'4@,@,
                                                                                               @PTI

                         RESEARCH AND
                  MONITORING PROGRAMS


                        The reserve attracted a va-
                riety of estuarine research projects
                funded by universities, state and
                federal agencies. Scientists from
                the University of Georgia Marine
                Institute conduct most of the re-

                                                                          89





         Sapelo Island National Estuarine Research Reserve





         can more effectively gather data at    pesticides in water, oysters and       special gro up activities, and pub-
         fixed depths from the bottom of        sediments annually. Over the next      lic tours offered three days a week.
         the Duplin River, and investigate      two years, the Marine Institute
         the long-term differential between     will compile a comprehensive eco-              The education program
         water mass at the bottom and near      logical characterization profile for   sponsored slide talks, films, and
         the river's surface. OCRM fund-        the reserve using OCRM funding.        guided tours of the Reserve.
         ing replaced older weather moni-                                              OCRM provided the reserve with
         toring equipment with Onmidata                                                funds to develop three videos
         systems, including barometric           Sapelo Island Reserve relied          which examine the value of wet-
         pressure sensors and electronic             on $110,000 in federal            lands in fishery production, the
         sensors to improve the reliability        funding during FY92 and             role of tides in estuarine produc-
         of tide height data collection.                $109,000 in FY93.              tivity, and the reserve's efforts to
                                                                                       monitor and assess the health of
                 As part of Georgia's con-                                             the estuarine environment.
         tinuing monitoring efforts and as             EDUCATIONAND
         part of its shellfish program, the         0 UTREA CH PR 0 GRAMS                      Georgia's Department of
         Coastal Resources Division of                                                 Natural Resources acquired a mod-
         Georgia's Department of Natural                During the biennium, the       em, new 65-foot ferry vessel, the
         Resources conducts bi-monthly          Sapelo Island Reserve developed        Annemarie, in 1993 to transport
         water sampling at four different       detailed plans to expand its educa-    island residents and commuters to
         sites within the reserve. Georgia's    tional programs and public rela-       the mainland, and take visitors to
         Environmental Protection Divi-         tions outreach efforts. More than      the reserve. The reserve nows plans
         sion      collects      over      22   6,000 visitors toured the reserve      to establish a new mainland visi-
         physichemical parameters each          during the biennium as part of the     tors interpretive center, upgrade
         quarter and samples metals and         reserve's school outreach program,     and expand the existing interpre-
                                                  WOMEN




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                                                                 90





                                                                    Sapelo Island National Estuarine Research Reserve





                  tive center on the Island, and de-      ner fully consistent with the goals
                  sign an interpretive nature trail at    and objectives of the reserve sys-            Sopeto Islond
                  the site. In 1992 and 1993, the         tem and was not fully adhering to          monitors chonge
                  reserve actively participated in the    the reserve's management plan.
                  nationwide National Geographic                                                           through GIS
                  Kids Network outreach program,                   Major concerns identified
                  with two local schools taking an        in the evaluation were: shortfalls                With NOAA/OCRM fund-
                  active role. Special ecological,        in facility development, staffing,        ing, the Marine Institute began de-
                  natural history, cultural history and   the education program and pro-            veloping Geographic Information
                  archaeological tours are conducted      gram visibility; the lack of advi-        System (GIS) analysis techniques,
                                                                                                    which will help document land use
                  regularly on the reserve.               sory committee meetings; issues           patterns and changes in the Sapelo
                                                          surrounding the adjacent commu-           Island Reserve.
                           SUMMARYOF                      nity and Marine Institute, and
                     EVALUATION FINDINGS                  grants and timber management.                     Other reserves or barrier is-
                                                          The state has made considerable           land systems may find Sapelo's GIS
                                                                                                    analysis a useful prototype. Research-
                          A routine program evalua-       progress since the evaluation. The        ers are combining GIS analysis, re-
                  tion was conducted in December          state transferred reserve manage-         mote sensing, global positioning sys-
                  1992 with final evaluation find-        ment responsibility to the Parks          tem satellite surveys and photogram-
                  ings issued in May 1993. The find-      and Historic Sites Division, hired        metric techniques to compare histori-
                  ings highlighted program accom-         a new reserve manager, commit-            cal land use and land cover data to
                  plishments in purchasing the his-       ted to developing a mainland and          current conditions on the reserve.
                  toric lighthouse tract and a new        on-island interpretive center, and                So far, the system has docu-
                  ferry, and establishing a task force    hired both a part-time research           mented alterations in the salt marsh
                  to determine restoration of reserve     coordinator and a full-time educa-        caused by agricultural diking experi-
                  property and examine timber prac-       tion coordinator. Having made             ments from the 1800s and early 1900s,
                                                                                                    as well as shifting plant communities
                  tices on the island. However, the       such progress since the evalua            along the coast due to beach erosion.
                  evaluation found that the Depart-       tion, OCRM b6lieves that the state
                  ment of Natural Resources was           is re-establishing its firm commit-               Researchers can overlay an
                  not operating the reserve in a man-     ment to the Reserve Program.              original photo mosaic onto a digital
                                                                                                    elevation model to create a three di-
                                                                                                    mensional perspective of the area.

                                                                                                            The GIS model is valuable to
                                                                                                    scientists and resource managers in
                                                                                                    evaluating possible impacts of up-
                                                                                                    land management practices on down-
                                                                                                    stream marshlands and evaluating
                                                                                                    proposed coastal management sce-
                                                                                                    narios to make ecologically sound
                                                                                                    management decisions.
                                                                     -1-1 All















                                                                            91










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                                                                                                                                 Guam





          Guam Coastal Management Program





                  he entire island of Guam       Management Program sits on the          comprehensive Master Plan, which
          and the territorial waters which       Development Review Committee.           will include elements such as land
          surround it are included in the        Several other territorial agencies      use, community design, and con-
          coastal zone. To manage these          that make coastal resource man-         servation and development poli-
          areas, the Territory created the       agement decisions are networked         cies. Guam's Coastal Management
          Guam Coastal Management Pro-           into the coastal program to ensure      Program has a central role in the
          gram (GCMP)- anetworked pro-           that coastal decisionmaking             master planning effort and is de-
          gram - with the Bureau of Plan-        throughout the territory is consis-     veloping the Geographic Informa-
          ning acting as the lead agency.        tent with the territory's coastal       tion System mapping and database
          Coastal policies and authorities       policies. These networked agen-         system for that effort. Data stored
          set forth in Executive Order Num-      cies include Guam's Environmen-         in the system will include lot lines,
          bers 78-20, 21, 13, and 37; the        tal Protection Agency, the Public       topography, and boundaries of
          Comprehensive Planning En-             Utility Agency of Guam, and the         limestone forests and the seashore
          abling Legislation; and the Terri-     Departments of Agriculture, Pub-        reserve. Guam's database will pro-
          torial Seashore Protection Act         lic Works, Parks and Recreation,        vide information on zoning, land
                                           -     Commerce, and Public Health and         use, lot size, infrastructure avail-
          The Territory of Guam received         Social Services.                        ability, and endangered species or
          federal approval on its coastal                                                habitat.
            program in August 1979.                          PROGRAM
                                                      ACCOMPLISHMENTS                            Public Access: Guam's
                                                                                         Coastal Management Program is
          govern the management of coastal               Comprehensive Land Use working to improve public access
          resources. The seven-member Ter- Planning: Guam is developing a to inland sites, important
          ritorial Land Use     Commission
          (TLUC),         ap-
          pointed by the
          Governor, makes       Guam's CZM program is responding to the territory's rapid development by designing a
                                comprehensive master plan to guide the growth.
          land use decisions
          throughout the ter-
          ritory, with the
          Department of
          LandManagement

                                                                                                            A
          acting as staff to
          the commission
                                                         ..... .... .
          The Development
          Review Commit-
          tee (DRC), estab-
          lished by Execu-
          tive Order No. 90-
          09, provides an in-
          ter- governmental
          review of all
          projects submitted
          T








                                                                                      UNN














          to the TLUC. A
          representative of
          Guam's Coastal
                                                                 94





                                                                                     Guam Coastal Management Program





                  viewplanes, historic sites, and other    document has not been revised.
                  less traditionally addressed areas       After incorporating these regula-
                  and access for physically disabled       tory changes through the program            Earthquake cuts
                  persons to all areas through a pub-      change process, GCMP staff will
                  lic access project. This two-year        update the program document to                       coastal
                  project involves a survey of public      reflect these changes. The new             conference short
                  needs and expectations, identifi-        document will be published and
                  cation of existing and potential         made available to the public.                     An earthquake measuring
                  access sites, and constraints to ac-                                               8.1 on the Richter scale cut short the
                  cess development. To implement                      SIGNIFICANT                    11th annual Pacific Basin Coastal
                  the plan, Executive Orders and                 PROGRAM CHANGES                     Zone Management Conference,
                  other regulatory tools will be de-                                                 hosted this year by Guam.
                  veloped as needed.                                Guam's Coastal Manage-           '       The earthquake shook the
                                                           ment Program did not submit any           island on Sunday, August 8, just as
                          Analysis ofPast TLUCAc-          program changes during the bien-          the opening reception for the confer-
                  tions: Guam's coastal program will       nium.                                     ence - originally scheduled for Aug.
                  analyze all TLUC actions for the                                                   8-11, 1993 - was about to begin.
                  period from 1987 through 1992 to                   SUMMARYOF                               Ironically, the theme of this
                  identify patterns in requests, ap-           EVALUATION FINDINGS                   year's conference was hazards in the
                  provals, and zone changes; condi-                                                  coastal zone.
                  tions on approved permits; appli-                 The final evaluation find-               Conference participants con-
                  cations involving wetlands; im-          ings issued October 29, 1992, in-         ducted an abbreviated version of the
                  pacts of approvals on public ac-         dicate that the territory is imple-       conference on the afternoon of
                  cess; approvals in hazard areas;         menting and adhering to the pro-          Aug. 9 in a building without electric-
                  approvals on sites over Guam's           visions of its approved coastal           ity or running water and toured the
                  sole-source aquifer; and number          management program. Findings              island to survey the damaged coast-
                  of acres taken out of agricultural       cited accomplishments in improv-          line.
                  zoning. This analysis will be used       ing the land use review process for               In addition to the 8.1 earth-
                  to identify shortcomings, strengths,     projects that require clearance           quake of Aug. 8, Guam also recently
                  and weaknesses in the review and         from the Territorial Land Use             suffered from hits of typhoons Yuri,
                  permitting process and to develop                                                  Russ, and Omar.
                  recommendations for improving
                  the system to better protect natural        The Guam coastalprogram
                  resources while ensuring an ad-              operated using $565,200
                  equate response to human com-            in federalfu nding during F Y92           information program. Evaluation
                  munity needs.                               and $586,200 during FY93.              findings recommended that the
                                                                                                     state improve monitoring and en-
                          Updated Program Docu-                                                      forcement activities, upgrade par-
                  ment: Although new laws, rules,          Commission; developing a geo-             ticipation in wetlands issues, ana-
                  regulations, and executive orders        graphic information system to cata-       lyze the coastal management net-
                  have been adopted and approved           log and assess natural and cultural       work, update the program docu-
                  as changes to the Guam Coastal           resources; implementing a Recre-          ment, and improve coordination
                  Management Program since its             ation and Water Use Management            with federal agencies.
                  approval in 1978, the program            Plan; and expanding the public


                                                                             95



















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                                         Waimanu Valley NERR




                                                         97





          Hawaii Coastal Zone Management Program





                 he Hawaii Coastal Zone                   PROGRAM                    while allowing for intelligent and
          Management (CZM) Program de-              ACCOMPLISHMENTS                  safe development along the shore,
          pends primarily on statutory pro-                                          and to address the erosion prob-
          visions that direct state agencies           Hazard Protection:      The   lems of currently developed areas
          and county governments to con-       Office of State Planning, through     of the coasts. The report found
          duct their permitting and non-per-   a federal program administration      that, since 1928, approximately
          mitting activities in compliance     grant, completed a report entitled    eight to nine miles - close to 15
          with the coastal policies estab-     Beach Management Plan with            percent - of the sandy shorelines
          lished in the Hawaii Revised Stat-   Beach Management Districts - The      studied on Oahu have disappeared
          utes. The Office of State Planning   report was conducted in order to      or been harmed by shoreline stabi-
          (OSP) is the lead agency for the     develop recommendations to            lization structures. Beach loss has
          Hawaii Coastal Zone Management       preserveundeveloped beaches           accelerated due to a combination
          Program.                                                                   of factors such as sea-level rise
                                                                                     and hardening of the shoreline.
                                                                                     The report recommended Beach
                                                                                     Management Districts (BMDs) as
                                                                                     an alternative to individual hard
                                                                                     control structures.


                                                                                             Hazard Protection: The
                                                                                     Office of State Planning is nearing
                                                                                     completion of its study on the vi-
                                                                                     ability of beach nourishment from
                                                                                     offshore sand sources. As part of
                                                                                     this study, OSP is reviewing the
                                                                                     procedures, permits, and environ-
                                                                                     mental assessment requirements
                                                                                     associated with offshore sand min-
                                                                                     ing and beach nourishment.This
                                                                                     study will produce recommenda-
                                                                                     tions for streamlining and improv
                                                                                     ing the regulatory regime for beach
                                                                                     nourishment. The state is also try-
                                                                                     ing  to understand the physical
                                                                                     P
                                                                                      roperties of the offshore sand
                                                                                     bodies. To do this, OSP is compil-
                                                                                     ing existing information on sand
                                                                                     deposits off Oahu.


                                                                                             Natural Resource Protec-
                                                                                     tion: The Office of State Planning
                                                                                     received a technical assistance
                                                                                     award to study the environmental
                                                                                     damage from Hurricane Iniki,
                                                                                     which hit the Island of Kauai on

                                                                98





                                                                      Hawaii Coastal Zone Management Program





                Sept. 11, 1992. Immediately fol-      vulnerability of life and property     mentation changes from the 1990
                lowing the storm, there was an        from future hurricanes and tropi--     and 1991 Hawaii legislative ses-
                opportunity to capture valuable       cal storms. The state is using a       sions. Also, the state's revised
                data for determining the extent of    participatory hazard mitigation        Hawaii Coastal Zone Management
                damages to the marine environ-        planning approach involving a          Program document was submitted
                ment and the physical processes       wide range of federal, state and       and approved.
                that caused the damages, and to       county government officials, leg-
                correlate the findings with the me-   islators, architects and engineers,             SUMMARYOF
                teorological events and supratidal    and environmentalists. The Office         E VA L UA TION FINDINGS
                patterns during that period. The      of State Planning is convening a
                final report was completed Sept.      Hazard Mitigation Policy Advi-                 No evaluation of Hawaii's
                30,1993.                              sory Group, with interest groups Coastal Zone Management Pro-






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                       Hazard Protection: With        representatives, to participate in gram was conducted during the
                combined section 309 enhance-         and serve as an advisory commit-       biennium. The next evaluation is
                ment grant funds and section 306      tee for the project. This project is   scheduled for February 1994.
                program administration funds,         being conducted by the University
                Hawaii is completing a Hazard         of Hawaii and consultants.
                Mitigation project. This project                                                 The program received
                will include recommendations on                 SIGNIFICANT                  approval in September 1978,
                preferred mitigation options and           PROGRAM CHANGES                   and operated using $840,000
                proposed language for enforce-                                               in federal funds in FY92 and
                able coastal natural disaster miti-           In 1993, NOAA approved                $837,000 in FY93.
                gation policies to reduce Hawaii's numerous routine program imple-
                                                                      99





           Waimanu Valley National Estuarine Research Reserve





                   he Waimanu Valley Na-          archeological surveys reveal that       found within the reserve as is
           tional Estuarine Research Re-          significant cultural remains at the     Hawaii's only native terrestrial
           serve (WVNERR) covers almost           reserve have been well preserved.       mammal,        the      endangered
           an entire valley-stream system on                                              'ope'ape'a (Hawaiian bat).
           the northeast windward coast of                 The valley's volcanic ori-
           the Island of Hawaii, known as         gin and isolation have created a                The watershed and adja-
           the Big Island.                                                                cent wetlands in Waimanu Val-
                                                                                          ley, one of the state's more pristine
                   Waimanu Valley repre-          The valley's volcanic origin and        aquatic systems, serves as the
           sents the insular biogeographic         isolation have created a niche         reserve's principal resource. This
           region and can best be described           for many unique species             diverse system features an
           as a drowned river valley with               ofp1ants and animals              embayment, a limited estuary
           some tidal influence at the mouth              within the reserve.             (where tides bring salt water into
           of the stream. Geologically, the                                               the mouth of the stream), wet-
           island chain is young, which           niche for many unique species of        lands, streams and tributaries, wa-
           means its estuaries have not de-       plants and animals within the re-       terfalls and springs.
           veloped as much as the more ma-        serve. These unique species are
           tureestuaries of theeasternUnited      derived from native species, as                 This system contains the
           States.                                well as non-native species brought      last undiverted stream on the is-
                                                  by Polynesians and by later set-        land. The falls and springs de-
                   Wairnanu Valley's shore-       tlers. Two endangered bird spe-         velop from an equally pristine up-
           line uniquely features steep slopes,   cies, the 'io (Hawaiian hawk) and       land watershed, which is part of
           rising as high as 465 meters (1,529    the 'a'o (Newell's sheerwater) are      the state Puu. 0 Umi Natural Area
           feet). Access is somewhat re-
           stricted. Weather permit-
           ting, the valley can only be
           reached by boat, helicopter,
           or a seven-hour hike from
                                                                         "T,
           the nearest valley.

                   Waimanu       Valley                                       T
           was occupied for many cen-
           turies, although probably in-
           termittently. The valley                                                              S@
           stream was formally di-
           verted for agriculture, and
           scientists have uncovered
           the remnants of residences
           built on Hawaiian temple
           ruins. The valley has re-
           mained largely uninhabited
           T
















































           except for occasional hunt-
           ers and campers since 1946,
           when the resident population was
           destroyed by a tsunami. Primary

                                                                   100





                                                              Waimanu Valley National Estuarine Research Reserve





                Reserve. The reserve's aquatic sys-      Valley NERR did not have an ap-           core component of the reserve is a
                tem is impaired by non-native            proved final management plan.             prerequisite for NOAA approval
                plants and animals like the Tahi-        Reserve managers need such a plan         of the management plan.
                tian prawn, Chinese catfish, ferral      to guide reserve operations and
                pigs and mosquito fish.                  resource management, research                     Finally, the reserve does
                                                         and education efforts. Although           not employ enough staff members
                            PROGRAM                      management plans were not pro-            to adequately implement the op-
                      ACCOMPLISHMENTS                    gram requirements when Waimanu            eration, education, research, re-
                                                         Valley was designated, all other          source management and protec-
                         The state published a bro-      reserves in the national program          tion components for the reserve.
                chure describing the resources of        have complied with the current            The reserve manager administers
                the reserve, visitor rules, health       rule.                                     the reserve, as well as the Hawaii
                precautions, and other hazards.                                                    Natural Area Reserve Program,
                Thebrochure is available to camp-                 Moreover, the state has not      from Honolulu, on the island of
                ing permit applicants, accompa-          developed a suitable strategy to          Oahu, which means that the man-
                nied by material on leptospirosis                                                  ager can only devote part-time
                and camping guidelines.                          The 3,600-acre site,              attention to reserve management
                                                                                                   from a remote location.
                         Two NERR supported                      designated in 1976,
                studies were completed during the                   is considered                          In accordance with Sec-
                last two years. One study includes               geologically young.               tions 312 (c)(1) and 315 (f)(2) of
                a description of the physical struc-                                               the CZMA, OCRM imposed in-
                ture of the estuary system, its bio-     adequately protect a key 200-acre         terim sanctions on the Waimanu
                logical communities and the life         parcel of land within the reserve         Valley NERR until the state ad-
                history of the fish communities in       owned by the Department of Ha-            dresses program inadequacies
                the estuary. The other, a compre-        waiian Home Lands. The ability to         identified in the final evaluation.
                hensive archeological survey,            provide adequate control over this
                identified the archeological sur-
                face sites within the reserve and
                concluded that several buried cul-
                tural sites remain undocumented.               Waimanu ValliteW requests
                          SUMMARYOF                              to leave reserve system
                    EVALUATION FINDINGS

                         The final evaluation find-               On Oct. 21, 1993, the Sanc-              OCRM has prepared a re-
                                                         tuaries  and Reserves Division of         sponse to the state's request for
                ings for the Waimanu Valley              OCRM     received a letter from the       withdrawal of Waimanu Valley
                NERR concluded that the state is         State of Hawaii Department of Land        from the National Estuarine Re-
                not fully adhering to National Es-       and Natural Resources requesting          search Reserve System advising the
                tuarine Research Reserve goals           that Waimanu Valley be removed            Governor of Hawaii of the proce-
                and NOAA regulations in three            from the National Estuarine Re-           dure for withdrawing the reserve
                significant areas.                       search Reserve System.                    from the national program.

                         OCRM found that 17 years
                after designation, the Waimanu

                                                                           101









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                                                  0 rmm@





                                                  @M@

      -E@i
                               103





           Louisiana Coastal Resources Program





                      ouisiana's coastal zone        grants the Department of Natural         coastal wetlands restoration pro-
           boundary encompasses all or part          Resources the authority to assess        gram. The program was enacted
           of 19 parishes -roughly 5.8 mil-          fines to recover abatement or miti-      in 1989 to combat the significant
           lion acres - and extends to the           gation costs, during the 1993 Leg-       coastal wetlands loss, which the
           limit of state waters. Through the        islative session. The administra-        Corps of Engineers estimate to be
           Louisiana State and Local Re-             tive fine system will allow more         40 to 50 square miles annually.
           sources Management Act of 1978,           efficient     enforcement          of    Louisiana adopted a state compre-
           the state established a comprehen-        Louisiana's Coastal Management           hensive restoration plan, and us-
           sive regulatory program, called           Program         by       providing       ing funds from the state Restora-
           the Coastal Use Permit program,           administrativfe as well as judicial      tion Trust Fund (roughly $25 mil-
           through which the state directly          remedies for violations of the pro-      lion in FY92 and FY93) is funding
           regulates any use or activity within      gram in many cases. Administra-          numerous wetlands restoration
           the coastal zone that has a direct        tive fines and mitigation costs will     projects called for in the plan. Since
           and significant impact on coastal         also generate revenues for pro-          1989, 22 major restoration projects
           waters.                                   gram administration and local and        have been completed, including
                                                     state restoration projects.              wetlands shoreline stabilization,
                   The Department of Natu-                                                    water diversion and hydrologic
           ral Resources/Coastal Manage-                     State Wetlands Restora-          management, and vegetative
           ment Division (DNR/CMD), des-             tion Program: Louisiana contin-          plantings of wetland species.
           ignated as the lead agency, imple-        ued to refine and implement its
           ments the Louisiana Coastal Re-
           sources Program (LCRP) and ad-
           ministers the Coastal Use Permit
           program. Parishes are authorized,
           but not required, to develop Local                                                                           Lai, Jt"
                                                                                           LI, AL.
           Coastal Programs (LCP) and if an                                                    ..........
           LCP is approved by Coastal Man-
           agement Division, the Parish may
           then regulate certain uses of local
           concern. Currently, eight Parishes
           have adopted local coastal pro-
           grams. The Coastal Management
           Division has designated two spe-
           cial management areas - the Loui-
           siana Offshore Oil Port and the
           Marsh Island Wildlife Refuge.


                       PROGRAM
                ACCOMPLISHMENTS


                   Improved Enforcement
           L




































           Capabilities: The CMD drafted,            Coastal restoration experts collect disguarded Christmas trees each season
           and     was     instrumental        in    from hundreds of local citizens and use the trees in a unique recycling
           passing,Act 194, which establishes        project: as erosion barriers.
           an administrative fine system and

                                                                     104





                                                                                   Louisiana Coastal Resources Program





                        The Department of Natu-         The draft rules will require com-        nels provide important economic
               ral Resources' Office of Coastal         pensatory mitigation for any per-        benefits to the state, they also cause
               Restoration and Management is            mitted development activity that         significant wetland loss directly
               coordinating the state restoration       impacts coastal wetlands, provide        (through dredging and dredge
               efforts with Federal efforts pro-        for the establishment of mitiga-         material disposal) or indirectly
               vided for in the Coastal Wetlands        tion banks, and includes exemp-          (through erosion and salt water
               Planning, Protection, and Resto-         tions from the mitigation require-       intrusion). Through the efforts of
               ration Act, commonly known as            ments for certain activities which       the Department of Natural Re-
               the Breaux-Johnson Act. DNR has          have an overriding public interest.      sources, the legislature enacted Act
               participated on the Coastal Wet-         Public notice forthe proposedrules
               lands Planning, Protection, and          will be published in January               Louisiana received $2,114,000
               Restoration Task Force which is          1994- the first step in the formal        in federalfunding during FY92
               also completing a comprehensive          rulemaking process. Upon com-              and $2,297,400 during FY93.
               plan for the state and has approved      pleting       the       rulemaking,
               29 projects totalling $80 million        Louisiana's Coastal Management
               in federal funds.                        Division will submit the legisla-
                                                        tion and rules to OCRM as a pro-         637 in 1991 to strengthen the
                        While finding it difficult      gram change for approval and in-         coastal programs guidelines for
               to establish cause and effect rela-      corporation into the LCRP.               the management of dredge mate-
               tionships, Louisiana is encouraged                                                rial for beneficial purposes, such
               that coastal wetlands loss appears                Dredge Material Disposal        as bank stabilization and wetland
               to be decreasing from the Corps'         Plans:   Louisiana's coastal zone        creation.
               estimate of 40 to 50 square miles        has nearly 3,000 acres of naviga-
               per year in 1989 to 25 to 30 square      tion channels. While these chan-                  DNR is authorized and di-
               mile per year in 1993.                                                            rected to develop long term dredge
                                                                 On Aug. 1, 1980,                material disposal plans for each
                        State Mitigation Legisla-             the Louisiana coastal              channel or canal more than one
               tion: CMD staff have drafted rules             management program                 mile in length and/or when there is
               to implement Act 1040, a coast-             receivedJederal approval.             dredging of five hundred thousand
               wide Wetlands Mitigation Law.                                                     cubic. yards or more of any water
                                                                                                 bottom or wetland. In 1992, DNR
                                                                                                 developed short term plans for all
                                                                           'jf-
                                                                                                 ten major navigation channels in
                                                                                                 the coastal zone and will develop
                     3
                                                                7                                long term plans for the channels in
                                                                                                 1993-1994. Once the plans are
                                                                                                 developed, they will be promul-
                                                                                                 gated as regulations by DNR and
                                                                                                 submitted as a program change
                                                                                                 under the section 309 enhance-
                                                                                                 ment grant program.


                                                                                                         Enhancement             Grant
                                                                                                 Projects: In 1992, the LCRP de-
                                                                                                 veloped a section 309 Assessment

                                                                         105





           Louisiana Coastal Resources Program





           and Strategy for addressing prior-                Finally, the CMD will in-
           ity needs in three enhancement ar-       corporate the long term manage-                 Ten years of
           eas: cumulative and secondary im-        ment of dredged material plans,              progress: joint
           pacts, wetlands, and hazards. Un-        developed pursuant to Act 637, as
           der the 1993 coastal zone manage-        a program change into LCRP regu-             public notice
           ment award, Louisiana's Coastal          lations.                                        agreement
           Management Division is evaluat-
           ing coastal uses and existing laws,               Public Awareness: Using                  August 1993 marked the
           regulations, and policies to deter-      CZM funds, the Louisiana Coastal         tenth anniversary of the Joint
           mine if uses currently exempt from       Resources Program is now devel-          Public Notice agreement be-
           the authority of the state's coastal     oping a comprehensive public in-         tween Louisiana's Coastal Man-
           program have adverse cumulative          formation and outreach strategy to       agement Division and the New
           impacts on coastal waters and wet-       determine how best to increase           Orleans District Corps of Engi-
           lands. The CMD will then change          public       awareness          about    neers.
           the LCRP regulations to incorpo-         Louisiana's coastal area, its value
           rate the assessment's findings and       and the goals of the coastal pro-                 During this 10-year his-
           develop methodologies to manage          grain. Once the strategy is devel-       tory, the Joint Public Notice has
           these cumulative and secondary im-       oped, the CMD anticipates dedi-          improved coordination, reduced
           pacts through the permitting pro-        cating a total of $20,000 to $60,000     costs to participating govern-
           cess.                                    per year for the program.                ment agencies, and allowed for
                                                                                             faster permit processing time.
                              07
                                                              SIGNIFICANT
                                                                                                      In 1992, the Department
                                                         PROGRAM CHANGES
                                                                                             of Environmental Quality's
                                                                                             (DEQ) Office of Water also joined
               3Ln!BwjJ116 2.1@@'                            Permit Simplification: The      the joint Public Notice agree-
                                                    state adopted a Coastal Use Per-         ment.
                                                    mit-General Permit (CUP-GP9)
                                                    which reduces permitting time for                 This expanded agree-
                                                    marinas and boat slips that are          ment further streamlines the
                                                    built in upland areas and which          state's permitting process by en-
                                                    meet the conditions of the general       abling applicants to send only
                                                    permit. The State submitted CUP-         one permit application to the
                                                    GP9 to OCRM as a program                 Coastal Management Division
                                                    chan e and OCRM approved it              for processing of Section 404 and
                                                         9                                   Section 10 permits by the Corps
                                                    for incorporation into the Louisi-       of Engineers (New Orleans Dis-
                                                    ana Coastal Management Program.          trict), for a Coastal Use Permit
                    Using 309 funds the CMD                                                  by the state Coastal Management
           is also identifying hazard-prone                   SUMMARYOF                      Division, and for a 401 Water
           areas in the coastal zone and de-           EVALUATION FINDINGS                   Quality Certification by DEQ's
           velop a methodology to evaluate                                                   Office of Water.
           and incorporate hazard mitigation                 No evaluation was con-
           considerations in the review and         ducted during the biennium. The
           analysis of each coastal use permit      next evaluation of the Louisiana
           application.                             Coastal Management Program is
                                                    scheduled for March, 1994.

                                                                     106










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                                                              107





            Maine Coastal Management Program






                            aine's Coastal Pro-
           gram (MeCMP) consists of a net-                          "U
           work of 13 State Laws that are
           jointly administered by the State
                                                                                                                          lit
           and local governments. The State            iPir N   4
                                                                  V"
           Planning Office (SPO) is the lead
                                                                      414
           state agency for the MeCMP. The
           Maine Department of Environ-
           mental Protection (DEP) is the
           primary regulatory agency for
           most of the MeCMP's core au-
           thorities. The State's coastal
           boundary extends landward to the
                                                                                  C
           inland boundary of all coastal
           towns, townships on tidal waters
           and includes all coastal islands.
           The seaward boundary extends
           seaward to the outer limit of the      ennium, Maine's coastal program         gram used its program implemen-
           U.S. territorial sea. The state's      continued to implement the              tation (section 306) funds to con-
           coastal program includes a Gu-         Growth Management Act (GMA)             tinue the Comprehensive Plan-
           bernatorial Executive Order that       of 1988 despite some obstacles.         ning Program, and once again
           requires all state agencies to com-    Maine's legislature passed the Act      build the momentum lost. Since
           ply with the policies of the state's   to address rapid land development,      the program's inception, 233 mu-
           coastal program.                       especially in the state's coastal       nicipalities state-wide have re-
                                                  area where the most growth was          ceived grants to prepare plans and
                   Major coastal issues in        reported. The Act allows for local      50 have received grants to imple-
           Maine include: growth manage-          growth and development, but di-         ment the plans. Sixty-three of the
           ment, water quality, public access,    rects growth in a more organized        233 are coastal towns; 19 of these
           and cumulative and secondary           and environmentally sound man-          have received implementation
           impacts of development. The state      ner. In December 1991, Maine's          grants. Using coastal and state
           has engaged in various efforts to      legislature repealed the law; it re-    funds, 20 to 30 grants will become
           address these and other critical       instated the law in April 1992, but     available to municipalities for
           coastal issues. Some of these ef-      with less vigorous provisions.          planning and implementation.
           forts are described below.             Under the revised Growth Man-
                                                  agement Act, communities that                  Local Code Enforcement
                      PROGRAM                     want to regulate land use must          Program: During the biennium,
                ACCOMPLISHMENTS                   base their ordinances on compre-        Maine's Department of Economic
                                                  hensive plans that are consistent       and Community Development
                   Implementing the Growth        with the Act. Plans and ordinances      (DECD) used coastal funds to de-
           Management Act: During the bi-         mustbe completed by Jan. 1, 2003.       velop a successful Training and
                                                                                          Certification Program for local
              The state coastalprogram                    After steps were taken to       cod e enforcement officers
           M











































              operated using $1,796,467           weakened the Act and reduce fund- (CEOs). The Growth Manage-
            in federalfunds during FY92           ing for its implementation, ment Act also requires that each
               and $1,906, 000 in FY93.           Maine's Coastal Management Pro-         town hire a certified CEO and that

                                                                  108





                                                                                  Maine Coastal Management Program





                the state develop a program for          training workshops, and paid for          wise. In submitting a PBR appli-
                training and certifying local CEOs.      the production of training manuals        cation, the applicant agrees to abide
                The certification and training pro-      for each session and for adminis-         by enforceable standard conditions
                gram that the state developed re-        tering the examinations. The state        developed by DEP for specific ac-
                quires that CEOs take several ex-        believes that the training program        tivities.
                aminations on various elements of        has led to equitable enforcement
                local and state regulatory pro-          of Maine's coastal laws and regu-                 The PBR program has al-
                grams., including shoreland zon-         lations, increased professionalism,       ready reduced DEP's pen-nitting
                ing, zoning/land use, site develop-      and fostered environmental aware-         load. The agency has faced ex-
                ment, building standards, and in-        ness in the towns through the
                ternal and external plumbing. All        CEOs. To date, over 1,200 per-             The Maine coastal program
                CEO's must have completed the            sons have attended one or more of            receivedjederal approval
                appropriate examinations and been        the training workshops offered                   in September 1978.
                certified by December 1993. So           through the program.
                far, the program has certified 304
                individuals statewide in one or                  Permit by Rule - Simpli-          treme pressure to process permits
                more of the areas. Most of Maine's       fting Government Procedures:              and to do so in an environmentally
                147 coastal towns now employ cer-        Maine's Department of Environ-            sound fashion. A consultant's
                tified local CEOs, approximately         mental Protection created a Per-          study on the program's effective-
                60 percent of all coastal communi-       mit-by-Rule (PBR) program from            ness found that there is about a 70
                ties. Some towns share a CEO.            its efforts to streamline the regula-     percent compliance rate (for 450
                                                         tory process under the National           study sites) under the PBR pro-
                         Advanced training and cer-      Resources Protection Act (NRPA).          gram - compliance is highest in
                tification is also available on top-     Under this program, selected ac-          the southern part of the state where
                ics ranging from "legal issues and       tivities with minor impacts gain          DEP staff monitors compliance.
                enforcement techniques" to flood-        automatic approval 14 days after
                plain management. Coastal man-           DEP recieved the application, un-                 Citizen Participation in
                agement funding supported the            less applicants are notified other-       Water   Quality Monitoring: De-
                                                                                                   spite 20 years of work to reduce
                                                                                                   coastal water pollution, one quar-
                                                                                                   ter of Maine's productive shell-
                                                                                                   fish beds are closed due to bacte-
                                                                                                   rial contamination. Recognizing
                                                                                                   that citizen action at the local level
                                                                                                   is the key to clean water, Maine's
                                                                                                   Coastal Program, through its Shore
                                                                                                   Stewards Partnership Program, has
                                                                                                   been working with 13 citizen moni -
                                                                                                   toring programs in coastal waters
                                                                                                   from Kittery to the St. Croix estu-
                                                                                                   ary. The program focuses on solv-
                                                                                                   ing local water quality problems at
                                                                                                   t
                                                                                                      local level. Over 200 volun-
                                                                                                   he
                                                                                                   teers completed an intensive train-
                                                                            0_01     11
                                                                          0,
                                                                           4"
                                                                                                   ing program, enabling them to test
                                                      f"S         , __         0    a

                                                                          109





           Maine Coastal Management Program





                                                                                             local marine waters for tempera-
                                                                                             ture, salinity, turbidity, dissolved
              Estuary project fosters cooperation                                            oxygen, pH, and fecal coliform.
                          to protect water quality                                           Up and down the Maine coast,
                                                                                             volunteers working with local of-
                    Cumulative and second-         resource issues, and to reach             ficials and state enforcement au-
           ary impacts of development has          agreement on how the river's re-          thorities are abating water quality
           become a priority issue for Maine       sources can be used in such a way         problems. To date, the Partner-
           in its strategy under the section       that the river continues to con-          ship has attracted roughly $37,500
           309 Enhancement Grants Pro-             tribute to the local economy and          in corporate donations, founda-
           gram. The state has designed a          improve the area's quality of life        tion support, and individual con-
           demonstration project to address        for years to come. To accomplish          tributions. The Partnership's con-
           cumulative and secondary im-            these goals, Maine's coastal pro-         tributions brought the project's
           pacts on a regional management          gram will support efforts to in-          total annual budget to about
           basis, without creating another         ventory and monitor the natural           $115,000 - a small budget, but
           layer of bureaucracy.                   systems of the estuary's water-           one which has produced tremen-
                                                   shed; identify threats to water           dous results for the state of Maine.
                    The Damariscotta River         quality, health of the fisheries and      In addition to support
           Estuary Project is a regional man-      other natural systems; develop,                                     ing volun-
           agement initiative bringing to-         with input from residents and             teer monitoring, funds donated to
           gether seven towns that have re-        their town governments, recom-            this project are also distributed
           cently developed local compre-          mendations for regional land and          through mini-grants for water qual-
           hensive plans and that share a          water management that sustain             ity related educational projects for
           common          resource,          the  the use and promote thoughtful            students and adults. Mini-grants
           Damariscotta River estuary. A           stewardship of the River and wa-          have supported slide shows, trav-
           local steering committee directs        tershed; continue to educate the          elling displays and public forums
           the three-year project and in-          regional community on how to              for adults and curriculum devel-
           cludes representatives of town          balance conservation with natu-           opment on shellfish, marine de-
           governments, people whose live-         ral resource use; and encourage           bris, water quality and "commu-
           lihood depends on the river, local      public participation in all aspects       nity links to the sea" for eighth
           business and conservation orga-         of the project.
           nizations, and other interested                                                   grade through Kindergarten.
           citizens. The management ap-                     Other statewide coastal
           proach used in designing this           management efforts can draw
           project will target coastal water-      from information gathered
           sheds as basic management units         through the Damariscotta River
           and reallocate state technical and      Estuay Project. Descriptions de-
           financial resources on a regional       veloped for the estuarine and             Right: Salmon aquaculture, a growing
           level.                                  marine       habitats       in     the
                                                   Damariscotta River have already           industry, provides alternativesfor over-
                    The Project's two goals        played a key role in developing a         fishing coastal areas.
           are: to encourage cooperation           statewide estuarine and marine            Far right: Navy shipyard.
           among citizens sharing the              habitat classification scheme. The
           Damariscotta River Estuary on           state expects that this project will
                                                   yield many more benefits.




                                                                     110





                                                                                  Maine Coastal Management Program






                          SUHMARYOF
                   EVALUATION FINDINGS                                     Did you know?
                        Final findings for the            0'     Maine's coastal program         porting a lasting network of skilled
               evaluation conducted in June 1993        director has served as Chairman          citizen stewards. The environmen-
               cited several areas of accomplish-       of the Coastal States' Organiza-         tal monitoring being performed
               ment by the state, including: de-        tion (CSO) during the past two           by citizens under the Shore Stew-
               velopment and implementation of          years, in addition to overseeing         ards Partnership Program is an
               a successful Code Enforcement            Maine's vast web of coastal and          excellent example of the useful-
               Officer Training and Certification       other related issues.                    ness of citizen stewards.
               Program, which has resulted in            01      Working with the Cana-           0'     Maine was among the
               certification of more than 30        ,0  than Department of Environment,          nation's first states to formally in-
               CEOs; improvements in coordi-            the Gulf of Maine Council on the         corporate sea level rise provisions
               nation initiatives involving the         Marine Environment produced              into environmental regulations.
               Maine Coastal Management Pro-            the first in a series of "State of the   Maine did so through the state's
               gram and its catalyst role for initi-    Gulf" reports. The series will           Sand Dune Rules, which are
               ating and sponsoring a variety of        present current information on el-       among the strictest in the nation.
               discussions on marine policy re-         ements of the Gulf of Maine eco-         The Rules impose restrictions on
               lated issues, sponsoring the Gulf        system, initially on its water qual-     where structures may be sited in
               of Maine Program, and serving as         ity, in a style geared to the general    sanxd dune areas that the state
               the region's advocate for the pro-       public.                                  has identified as vulnerable to
               gram since its inception.                                                         storm damage. No construction
                                                         0'      Increasingly, coastal resi-     may occur on, or seaward of, a
                        The evaluation       findings   dents are looking for ways to be-        frontal dune or in the V-zone,
               also noted some areas for improve-       come more effectively involved in        which are areas subject to wave
               ment-, including public relations        coastal stewardship on a year            action or a one percent, or greater,
                                                        round basis. Maine's Shore Stew-         chance of flooding in any given
               and public education on the state's      ards Partnership Program, estab-         year. Furthermore, the state pro-
               complex resource management              lished by the Maine coastal pro-         hibits projects likely to be dam-
               laws, technical assistance to local      gram, offers that opportunity by         aged from changes in the shore-
               governments, and assessment of           directing public and private re-         line within 100 years.
               key program issues and priority          sources toward building and sup-
               funding elements.





                                                                                        10i

                      A6.
                                                           040-






                                             7





           Wells National Estuarine Research Reserve






                   he Wells Reserve is nestled     lized several historic buildings,              In 1992, Laudholm Trust
           in York County, in the town of          including the barn, now used as        completed a successful capital
           Wells, on the southern coast of         education facility. Another build-     campaign, raising more than $6
           Maine with the historic Laudholm        ing was converted into a research      million to support the reserve. The
           Farm calling the property home.         laboratory, dedicated by the Gov-      Trust also received an award for
           The reserve's diverse natural fea-      ernor.                                 Coastal Leadership at NOAA's
           tures create an ecosystem unique                                               First Annual Excellence Awards
           to the region, with undeveloped                 Using volunteer support,       Ceremony for its philanthropic ef-
           marshes and transitional upland         a Maine Conservation Corps crew        forts supporting the reserve.
           fields and forests along two con-       constructed an elevated boardwalk
           trasting watersheds, the Little         crossing the ocean dune at                     Networking: Wells Re-
           River estuary and the Webhannet         Laudholm Beach. The reserve also       serve manager takes an active role
           River estuary. Two endangered           collaborated with the Town of          not only in the site's management,
           species - the piping plover and         Wells to restore an overwashed         but also in promoting and support-
           least tern - nest within the re-        area of Laudholm Beach.                ing the entire National Estuarine
           serve, and seven plant species re-                                             Reserch Reserve System through
           cently expanded the list of state               Staffing: During the bien-     his position as vice-president of
           protected species that thrive at the    nium, the reserve increased its        the National Estuarine Research
           reserve, bringing the total to ten.     staff to eleven and hired a full-      Reserve Association. The manager
                                                   time research coordinator. The         also served broader research and
                   The Wells Reserve Man-          Wells Reserve Management Au-           management needs as a member
           agement Authority, a state agency,      thority, a state agency primarily      of the Corporation of the Bermuda
           makes management decisions              composed of other state and fed-       Biological Station for Research,
           guiding the reserve. A private-non-     eral agencies owning land within       Inc., a governor- appointed mem-
           profit organization, the Laudholm       the reserve, issued regulations        ber of the Marine Research Board
           Trust, raises funding to support        guiding public use of the reserve      and as a member of the Marine
           the reserve's programs and match        and adopted a personnel policy         Policy Committee of the Land and
           federal grants to the reserve.          manual for reserve employees.          Water Resources Council; the


                      PROGRAM
                ACCOMPLISHMENTS
                                                                                          4
                                                                                             V
                                                                                           ,

                   Facilities: Wells Reserve
           dedicated its newest trail to former
           Sen. Edmund Muskie during a cer-
           emony attended by Sen. Muskie
           and Madeline Albright, U.S. Am-
           bassador to the United Nations.                                                            N.
           The reserve's seven mile trail sys-
           tem is still the longest trail system
           in Maine outside of Acadia Na-
           tional Park.


                   With     funding       from
           OCRM, the Wells Reserve stabi-

                                                                   112





                                                                             Wells National Estuarine Research Reserve





                                                                M
                                                                gllrg
                                                                  "-

                                                             0
                                                         IFIN
                                                         '  5,
                 Open Space, Wetlands, and Natu-         .11,
                                                         P
                 ral Habitat Task Group of the State
                 Comprehensive Outdoor Recre-
                 ation Plan; and the Wells Harbor
                                                               @,,,R, E;@
                 Management Plan Committee.
                 Wells Reserve also sponsored the
                 semi-annual meeting of the New
                 England Estuarine Research S oci-                                               7,,
                                                                           a  01
                 ety and hosted two meetings of the                           10
                 Regional Association for Research
                 on the Gulf of Maine.


                         Habitat Protection: Piping
                 plovers, federally listed as endan-
                 gered species, and least terns, on
                 the state's endangered species list,    in a former seasonal wooded wet-        The reserve also became an asso-
                 were recorded nesting on                land.                                   ciate member of the Regional As-
                 Laudholm Beach in the reserve for                                               sociation for Research on the Gulf
                 the first time in twenty years. The             RESEARCHAND                     of Maine, an international organi-
                 Wells Reserve staff cooperated            MONITORING PROGRAMS                   zation of scientists focusing on
                 with National Wildlife Refuge per-                                              regional marine and coastal re-
                 sonnel to post and patrol the area              During the biennium the         search.
                 and worked with Maine's tern/           reserve's research coordinator be-
                 plover group to erect protective        came an adjunct professor with                  Wells Reserve's research
                 nest enclosures.                        the    University        of     New     coordinator successfully organized
                                                                                                 a group of more than 60 dedicated
                         Habitat Restoration: The              Protecting 1,600 a @res,          volunteers to participate in the
                 reserve consulted with the Army                                    U            reserve's water quality monitor-
                 Corps of Engineers on a proposed              the reserve now holds             ing project. The volunteers sur-
                 study to remedy adverse ecologi-            100% acquisition status.            veyed the shoreline of the reserve's
                 cal damage caused by the 1962                                                   estuaries and tributaries, measured
                 dredge of Wells Harbor. The Corps       Hampshire's zoology department          water and air temperature, and col-
                 proposed isolating the dredge dis-      and at Antioch College of New           lected samples to record E. coli
                 posal area (formerly a saltmarsh)       England. She also participated in       levels, chlorophyll, phytoplankton,
                 with a moat for wildlife habitat        workshops and lectures at Bowdoin       salinity, and dissolved oxygen.
                 enhancement. The Reserve Man-           College, the University of Rhode        These measures are taken twice a
                 agement Authority research com-         Island and Massachusetts Sea            month at a minimum of twelve
                 mittee recommended that the             Grant College and served on a sub-      sites on the reserve.
                 Corps of Engineers also consider        committee of that organization to
                 impacts to beaches and other es-        help develop a workshop on Gulf                 Using data from the re-
                 tuarine habitats at Wells. In an-       of Maine habitats. Through her          serve,  the research coordinator
                 other project, the U.S. Fish and        academic affiliations, reserve staff    presented a paper discussing how
                 Wildlife staff planned to restore       were able to teach graduate courses     an impounded salt marsh responds
                 wetlands on the reserve by plug-        in Ecological Research Methods          to restored tidal flow at a Coastal
                 ging a ditch to raise the water table   and Marine Ecology at the reserve.      Wetlands Ecology and Manage

                                                                          113





         Wells National Estuarine Research Reserve





                                                                                                w
         ment Symposium hosted by Na
         tional Marine Fisheries Service,
         the Environmental Protection
         Agency, Fish and Wildlife Ser-
         vice, Sea Grant, and the National                          Ag
         Audubon Society at Louisiana
                                                                    lill' T
                                                       20"Ri
                                                                    PKI
         State University. She also pre-

                                                                   141
         sented the research at annual meet-
         ings of the American Society of
         Limnology and Oceanography and               T
         Society of Wetland Scientists.


                 The reserve has served re-
         searchers from several New En-
         gland institutions during the past
         two years. Researchers from the
         University of New Hampshire and
         University of Boston collected me-
         teorologic and hydrologic data at
         the reserve to construct a water
         budget for Wells Bay. Also, re-
         searchers from the Southern Maine
         Medical Center collected data on
         the prevalence and viability of
         Lyme disease at the reserve. Gradu-
         ate students performed censuses
         of deer and wading birds on the
         reserve and documented biologi-              EDUCATIONAND                            Members of the education
         cal changes brought on by restored       OUTREACH PROGRAMS                   staff served on the Gulf of Maine
         tidal flow to a salt marsh.                                                  Council's Public Education and
                                                       The reserve's award win-       Participation Committee, Maine's
                                               ning outreach educational pro-         Shore Steward Trust, and the
         The reserve received $142,920         gram, designed to bring hands-on       Wells-Ogunquoit school districts
                in federal funding             estuarine environmental education      Science Curriculum Revision
                    in 1992 and                into kindergarten through sixth        Committee. The staff also co-di-
                $123,830 in 1993.              grades, instructed more than 4,000     rected a science and mathematics
                                               students in eight school districts     academy for the State Systemic
                                               in New Hampshire and in Maine.         Initiative funded by the National
                During 1992, the reserve       The staff presented the outreach       Science Foundation to enhance
         expanded its computerized map-        program at the Gulf of Maine           science instruction statewide.
         ping system by digitizing the         Marine Educators and the National
         marshes as part of a research         Marine Educators conferences,                 During the biennium, the
         project on salt pannes. Wells staff   and the National Science Teach-        reserve offered in-depth teaching
         also surveyed the biology of sea-     ers Association meeting.               of estuarine habitats and processes
         sonal wetlands on the reserve.                                               through summer "Junior Re

                                                               114





                                                                            Wells National Estuarine Research Reserve





                searcher" programs for children 9                Reserve staff also trained     week series of evening seminars
                to 11 years old and "Advanced           volunteer docents, who guided           entitled "On the Edge" presenting
                Junior Researcher" programs for         natural history tours for 5,000 visi-   information on sustainability of
                children ages t 1 to 13. The reserve    tors. During 1992 alone, 30,000         the coastal environment. Both
                also participated in a state educa-     people visited the reserve, and         seminars offered continuing edu-
                tion program that enabled two           7,000 visited the annual Laudholm       cation credits to participants.
                MERIT high school students to           Nature Crafts Fair and viewed spe-
                work at the reserve's research fa-      cial exhibits on education, re-                  During the biennium, the
                cilities to gain a greater under-       search, and volunteer programs of       Wells Reserve gained widespread
                standing of research techniques.        the Wells Reserve.                      recognition. The Voice ofAmerica
                The reserve also sponsored a sum-                                               radio program broadcast an inter-
                mer course on coastal ecology for                An education subcommit-        view with the reserve manager on
                teachers and the public and sup-        tee produced a new interpretive         the program's European segment.
                ported a state education program        slide program which is being used       The New York Times featured the
                that allowed 60 teachers to im-         to inform civic groups about the
                prove math and science instruc-         reserve and to recruit new volun-
                tion skills through first-hand ex-      teers. The reserve produced a re-                 Wells Reserve
                perience with scientists conduct-       port that analyzed development              was designated in 1984
                ing research.                           and interpretation of its interpre-              in Wells, Maine,
                                                        tive trails.                                   called the Acadeian
                        During the fall and spring                                                    biogeographic region.
                of 1992, Wells staff and volun-                  During the biennium, edu-
                teers conducted 20 fourth-grade         cation staff collaborated with the
                programs at the reserve involving       state Department of Environmen-         reserve on the front page of its
                nearly 1200 pupils. A corps of 30       tal Protection in promoting Na-         Sunday travel section. The
                docents was trained to lead the         tional Wetlands Month, and coop-        reserve's outreach program was
                program. The spring programs            erated with the Wells Harbor Com-       highlighted on a Portland televi-
                were given in cooperation with          mittee to coordinate a beach clean-     sion station's Color Me Green en-
                staff from the Rachel Carson Na-        up observing Earth Day.                 vironmental series and was fea-
                tional Wildlife Refuge.                                                         tured in weekly cable television
                                                                         In 1992,    through    information spots. Wells also
                                                                      the support of the        gained recognition in quarterly
                                                                      Maine Humanities          newsletters to the Laudholm
                                                             M@i      Councils, the reserve     Trust's 3,200 members who sup-
                                                                R,
                                                                      produced a 7-week         port the reserve throughout the

                                                                      serie
                         'MI
                        h                                                   s of evening        United States and in four foreign
                                                                      seminars entitled "Do     countries.
                                                                      Fish Pay Taxes?"
                                     ï¿½r.                              which discussed en-                 SUMMARYOF
                                                                      vironmental trends in         EVALUATION FINDINGS
                                                                      the Gulf of Maine re-
                                                                      gion. In 1993, the re-             No evaluations were con-
                                                                      serve produced a 6- ducted during the biennium.



                                                                         115











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                                       Chesapeake Bay-MD NERR







                                                       117





         Maryland Coastal Zone Management Program





                          aryland's16                       PROGRAM                    formation for use in the 1994
         coastal counties and Baltimore              ACCOMPLISHMENTS                   threshold review of Maryland's
         City are included in the state's                                              coastal nonpoint program devel-
         coastal zone boundary. Through                 Coastal Nonpoint Pro-          opment.
         the coastal program, Maryland           gram: The Coastal and Watershed
         controls development in a "Criti-       Resources Division has taken the              Growth Management: In
         cal Area" which comprises tidal         lead in coordinating the develop-     1992, Maryland passed the Eco-
         lands and waters of the Chesa-          ment of Maryland's coastal            nomic Growth, Resource Protec-
         peake Bay to the head of tide and       nonpoint program, required by         tion, and Planning Act which re-
         all lands within 1,000 feet of mean     section 6217 of the 1990 Coastal      quires all local governments to
         high water or from the landward                                               include "sensitive areas" elements
         edge of tidal wetlands. The 1984        The Maryland coastal program          in their comprehensive plans, and
         Maryland General Assembly en-              receivedjederal approval           to ensure that local development
         acted the Chesapeake Bay Critical             in September 1978.              ordinances are adhering to the
         Area Protection Act; the Critical                                             comprehensive plans. The sensi-
         Area Commission later promul-           Zone Act Reauthorization Amend-       tive areas elements must address
         gated regulations to implement the      ments. Coastal program staff and      the protection of steep slopes,
         Act. The Critical Areas law and         staff from several networked agen-    streams and their buffers, 100-
         criteria were incorporated into         cies analyzed Maryland's current      year floodplains, and endangered
         Maryland's Coastal Zone Man-            nonpoint source authorities and       and threatened species habitats.
         agement Program by amendment            compared them to the management       The Coastal and Watershed Re-
         on July 27, 1987. All of the local      measures developed under section      sources Division coordinated with
         coastal communities have devel-         6217(g) of the CZMA. CWRD staff       the Office of Planning to produce
         oped land use plans for the Critical    are synthesizing this and other in-   the guidance document,
         Area as mandated by the Critical
         Areas legislation.

                 Maryland's Coastal Zone
         Management Program (MCZMP)
         is networked, using existing state
         laws and authorities to manage
         coastal resources. State agencies
         implementing the program are
         bound through Memoranda of Un
         derstanding with the Coastal and
         Watershed Resources Division of
         the Department of Natural Re-
         sources (DNR), which serves as
         the lead agency for program fund-
         ing and administration. Networked
         agencies include the Departments
         of the Environment, Agriculture,
         Housing and Community Devel-
                                                       is explore the Chesapeake   -ill ajoiia edueatioil plpjecl beiweeii the
         opment, and Transportation, and         steite, the comir.yand the National Esittarine Research Reserve.
         M
















































         the Office of Planning

                                                                118




                                                                        Maryland Coastal Zone Management Program





                  "Preparing a Sensitive Areas Ele-        Resources Advisory Committee to         coastal zone management grant,
                  ment for the Comprehensive               discuss coastal program priorities      monitoring state and federal legis-
                  Plan. " Staff also participated in       and to review and rate specific         lation, and recommending courses
                  workshops and public meetings            projects considered for coastal         of action to state and local officials
                  on sensitive areas protection and        management funding.                     on specific environmental issues
                  assisted with the preparation of                                                 facing Maryland's coasts.
                  sensitive areas definitions and land             Coastal and       Watershed
                  use guidelines for state agencies        Resources Advisory       Committee:                SIGNIFICANT
                  to follow during the design and          The Coastal and Watershed Re-                 PROGRAM CHANGES
                  construction of projects that are        sources Advisory Committee
                  intended for state use or manage-        (CWRAQ is a long-standing fo-                    The state is working on a
                  ment.                                    rum for local government officials      revised program document which,
                                                           and private citizens to participate     along with several authorities not
                          Increased Coordination:          in and influence the direction of       yet incorporated into Maryland's
                  Maryland's most recent 312evalu-         Maryland's coastal program. Re-         coastal program, will be submit-
                  ation findings found that the lead       cently, the Advisory Committee          ted to OCRM for review and ap-
                  coastal zone management agency           has taken an active role on such        proval as a program change.
                  should work to increase the              issues as the review of Maryland's
                  MCZMP's visibility and improve                                                             SUMMARYOF
                  its interagency coordination ef-           Maryland's coastal program                EVALUATION FINDINGS
                  forts. In response, the Coastal and
                  Watershed Resources Division                operated using $2,290,000                     No evaluation of the Mary-
                  meets regularly with representa-            in federalfunding in FY92            land Coastal Zone Management
                  tives from state agencies and mem-           and $2,330,000 in FY93.             Program was conducted during the
                  bers of the Coastal and Watershed                                                biennium. The next evaluation is
                                                                                                   scheduled for June 1994.


                                       Maryland requires tributary strategies
                                                 to protect Chesapeake Bay
                          The 1987 Chesapeake Bay          (nitrogen and phosphorus) in the        taries. Maryland officials, with
                  Agreement, signed by the Gover-          Bay by the year 2000, based on          considerable public input, are pre-
                  nors of Maryland, Virginia, Penn-        1985 levels. Amendments to the          paring nutrient reduction strate-
                  sylvania, the Mayor of the District      Agreement, signed in August             gies which will include both point
                  of Columbia, the administrator of        1992, mandate the development           and nonpoint source controls.
                  the U.S. Environmental Protection        and implementation of strategies        When completed, the strategies
                  Agency, and the Chairman of the          to reduce nutrient enrichment of        will be presented to the Governor
                  Chesapeake Bay Commission,               the Bay's tributaries, thus decreas-    and will be implemented by state
                  calls for a comprehensive plan-          ing the flow of nutrients into the      and local agencies whose activi-
                  ning and resource management             main stem.                              ties affect the Chesapeake Bay - As
                  program to restore the health and                                                an element of the strategies, Mary-
                  productivity of the Chesapeake                   CWRD staff are actively         land is using section309 Enhance-
                  Bay. A major element of the Agree-       involved in the multi-agency ef-        ment Grant funds to strengthen
                  ment proposed a 40 percent re-           fort to develop strategies for          the state's approach toward the
                  duction in the level of nutrients        Maryland's Chesapeake Bay tribu-        management of marine sewage.


                                                                            119





         Chesapeake Bay, Md., National Estuarine Research Reserve





                 he Chesapeake Bay Na-           the East Coast. Jug Bay also pro-               At the Jug Bay Compo-
         tional Estuarine Research Reserve       vides healthy spawning habitat for      nent, reserve staff and Anne
         in Maryland has three components:       striped bass and serves as a haven      Arundel County personnel worked
         Monie Bay, located within the Deal      for over 100 bird species.              with an architect to develop plans
         Island Wildlife Management Area                                                 for an annex to an existing visitors
         in Somerset County about 50 miles                   PROGRAM                     center. The existing structure was
         southwest of Ocean City, Md.;                ACCOMPLISHMENTS                    undersized for the program needs.
         Otter Point Creek on the upper                                                  The annex was designed to con-
         western shore of the Bay, 17 miles              Facilities: For the last two    tain exhibit space, an office, and a
         northeast of Baltimore; and Jug         years, Maryland's Chesapeake Bay        volunteer's conference and plan-
         Bay, on the Patuxent River flow-        Reserve has been working with           ning room. In the plan, the original
         ing into the Bay from the West          personnel from the Otter Point          exhibit space will become a sorely
         only 20 miles southeast of Wash-        Creek and Jug Bay Components            needed conference room. Anne
         ington, D.C.                            on two separate facility develop-       Arundel County also planned other
                                                 ment projects. Staff from Harford       interior modifications to the exist-
                 Comprised of tidal creeks,      County, where the Otter Point           ing structure to accommodate the
         open estuarine waters, salt marshes     Creek Component is located, have        annex. Construction began in Feb-
         and pine forest, the 3,400 acre         been working with an engineering        ruary 1993 and was completed in
         Monie Bay Component is rela-            and architectural firm to design a      July 1993. The annex is open and
         tively pristine and isolated. Monie     reserve Visitors Center that is to      currently in use.
         Bay is a haven for resident and         be located in Harford County. Pre-
         migratory bird populations, includ-     liminary plans are for a more than              The Volunteer Coordina-
         ing herons, egrets, ibises, and a       7,000-square-foot building              tor, working at Jug Bay Compo-
         wide variety of waterfowl species.      which will house an auditorium          nent, continued to work on the
         Blue crabs, white perch, oysters,       and conference room, an exhibit         draft of the volunteer guidebook
         blue fish and other important           area, offices, discovery room, li-      being developed for Jug Bay Com-
         aquatic populations are also found      brary, and a wet lab. Plans should      ponent. Reserve and Jug Bay staff
         in Monie Bay. The Otter Point           be finalized by late winter 1994,       coordinated on supplying text,
         Creek Component includes 700            barring any unforeseen obstacles.
         acres of tidal freshwater marsh,
         two ponds, open water and up-
         lands. With approximately 400
         acres of wetland, this component
         is one of the few large freshwater
         tidal marshes in the Chesapeake
                                                               A@ 'V1_S1___,,_@,
         Bay region that remains in a com-
         paratively natural, undisturbed
         state. The Jug Bay Component
         covers 700 acres, 250 of which are
         a broad shallow embayment of the
         Patuxent River, and contains one
         of the largest stands of wild rice on


          In FY 93, the reserve received            -,z;-                        41-
          $109,000 in federal support.
                                                                  120





                                                    Chesapeake Bay, Md., National Estuarine Research Reserve





                editing drafts, and devising the                RESEARCHAND                    outings for reserve supporters in-
                concept of a field-sized guide            MONITORING PROGRAMS                  cluding: a brainstorming session/
                which would contain facts about                                                picnic to develop education pro-
                the cultural, biological and natu-             A study of habitat alter-       gram ideas and a bus trip tour of
                ral history of the Jug Bay area.       ation in the tidal freshwater wet-      the Monie Bay Component.
                                                       lands of Otter Point Creek is being
                        Reserve staff have been        conducted by Dr. Grace Brush of                 Reserve staff have been
                working with the Monie Bay Com-        Johns Hopkins University. Dr.           working primarily with the Jug
                ponent Site Manager to find the        Brush will be collecting informa-       Bay Component to develop a
                right niche for the reserve at Monie   tion from the Jug Bay Component         teachers' curriculum guide. The
                Bay. Future trail development into     and comparing the tidal estuarine       guide will contain materials and
                the component, since it is most        system with the non-tidal estua-        activities for estuarine science in
                easily accessed by water, is being     rine system at Old Woman Creek          the classroom and on the reserve.
                discussed. Its inaccessibility is      NERR. In addition, Dr. Thomas
                what makes Monie Bay Compo-            Jones of Salisbury State Univer-                Teachers'workshops took
                nent most attractive to research-      sity is studying the nutrient se-       place at each component to test
                ers. Nearby university professors      questering capabilities of marsh        proposed activities and solicit
                have been conducting the field         plants and sediments at all three       feedback on teachers'needs in es-
                work aspects of their classes in the   Components of the reserve. The          tuarine education.
                marshes of Monie Bay Compo-
                nent. NOAA funding has also been                                                       The education and site
                provided to these same scientists                                                manager at the Otter Point Creek
                to conduct research in this com-                                                 Component worked through
                ponent.                                                                          Harford County public schools
                                                                                                 to provide in-the-field and class-
                                                                              . ..... ... ....
                        Other accomplishments                                                    room programs in estuarine sci-
                include: further development of                                                  ence. Hikes, canoe trips, week-
                the trail network at the Otter Point                                             end marsh clean-ups and inter-
                Creek Component; the design,                                                     pretive programs became a valu-
                construction, and installation of                                                able part of the manager's out-
                two fiberglass interpretive signs      reserve continues to use student        reach effort.
                at the Jug Bay Component; facili-      interns to research, collect, and
                tating the travel of component site    monitor land use change and envi-                SUMMARYOF
                managers to attend conferences of      ronmental data.                            EVALUATION FINDINGS
                the National Estuarine Research
                Reserve Association; and devel-                EDUCATIONAND                            A program evaluation site
                oping a volunteer support group            OUTREACH PROGRAMS                   visit was conducted in September
                for Otter Point Creek Component.                                               1993. Findings, currently being
                                                                Current reserve activities     drafted, are scheduled for publi-
                                                       include adult field lectures, dis-      cation in early in 1994.
                    Chesapeake Bay, Md.,               covery programs for children,
                  Reserve, in the Virginian            marsh monitoring studies, guided
                   region, was designated              nature hikes, scheduled school          With 4,820 acres, Chesapeake
                  in two parts, one in 1985            group trips, and canoe trips. Re-            Bay, Md., Reserve is
                        and one in 1990.               serve staff also organized several               98% complete.

                                                                       121





























































































                                                          122











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            Waquoit Bay NERR
      E@@Waquoi
                 123





           Massachusetts Coastal Zone Management Program






                            assachuse
                                              s
           coastal zone spans 1,500 miles
           from the New Hampshire to the
           Rhode Island borders and three
                                                                                                      'ZTT
           miles offshore, extending 100 feet                                                                 7_1
           inland, past major roads and rail-
           ways, to cover up to a half mile of
           coastal waters and salt marshes.
                                                               R,e@N?,4@ fi@v
           The coastal zone includes the area
           from Cape Cod to Martha's
           Vinyard and Nantucket. Given this
           extensive coastline, the state faces
           pressing coastal issues, including
           public access, coastal erosion,
           nonpoint source pollution, critical
           area planning, and ocean resource
           management issues.
                                                                                                Y

                    The Massachusetts Coastal
           Zone Management Program
           (MCZMP) finds primary legal au-                      PROGRAM                               The Governor of Massa-
           thority in the Act Relative to the             ACCOMPLISHMENTS                    chusetts and the Adminstrator of
           Protection of the Massachusetts                                                   EPA approved the Buzzards Bay
           Coastline, passed in 1983, although               Program Integration/Co-         Comprehensive Conservation
           the Wetlands Protection Act, the         ordination: Massachusetts has suc-       Management Plan, developed by
           Wetlands Restriction Act, and the        cessfully coordinated its coastal,       the MCZMP, in April 1992. Mu-
           Ocean Sanctuaries Act and other          program with relevant federal            nicipalities and environmental or-
           Commonwealth authorities also            agencies, including the U.S. Envi-       ganizations around the Bay now
           play key roles in supporting the         ronmental Protection Agency's            implement this plan. To date, EPA
           state's coastal program. In all, state   (EPA) National Estuary Program           has awarded pollution prevention
           agencies use 27 policies to guide        and with NOAA's National Ma-             funding to the towns of Bourne,
           program implementation. Massa-           rine Sanctuary Program and Na-           Wareham, and Plymouth to adopt
           chusetts' Executive Office of En-        tional Estuarine Research Reserve        the Buttermilk Bay Nitrogen Man-
           vironmental Affairs (EOEA) is            Program to expand the MCZMP's            agement District, developed and
           designated             as          the   role in managing coastal resources.      proposed through the Buzzards
           Commonwealth's lead agency for           For example, Massachusetts'              Bay Project. The MCZMP worked
           program funding, with EOEA's             coastal program now administers          with the Buzzards Bay Project and
           Coastal Zone Management Office           the Buzzards Bay and Massachu-           the Town of Wareham to desig-
           responsible for daily program ad-        setts Bays National Estuary Pro-         nate the town as a no-discharge
           ministration.                            grams and became the state's des-        area - the first such EPA desig-
                                                    ignated agency to cooperate in de-       nation on the east coast. The
           M











































                                                    veloping and designating NOAA's          MCZMP also nominated Waquoit
              The state's coastalprogram            Stellwagen Banks National Ma-            Bay, site of the National Estuarine
               receivedfederal approval             rine Sanctuary.                          Research Reserve, for designation
                      in April 1978.                                                         as a no-discharge area.

                                                                     124




                                                             Massachusetts Coastal Zone Management Program





                                                                                                Upon request, the service will also
                                                                                                comment to resource agencies on
                                                                                                the regulatory merits of a project.
                                                                                                However, the coastal program staff
                                                                                                does not perform technical or ad-
                                                                                                vocacy work for any projects, al-
                                                                                                though these staff members are
                                                                                                available for technical assistance
                                                                                                and consultation on most coastal
                                                                                                activities. The PAS also mails out
                                                                                                information sheets on state regula-
                                                                                                tions, applicable policies, a list of
                                                                                                contacts within the environmental
                                                                       . .....                  agencies, and any other support-
                                                                                                ing materials that may be helpful
                                                                                                to applicants. The key to PAS's
                                                                                                success has been the service's close
                                                                                                coordination with other state agen-
                                                                                                cies on project reviews.
                        Massachusetts' coastal          coastal states in other regions to
                program also worked aggressively        conduct similar sessions.                      Barrier Beach Protection:
                with OCRM prior to the Septem-                                                  In May 1992, the MCZMP, the
                ber 1993 designation of the                     The Federal Emergency           Audubon Society and the Asso-
                Stellwagen Bank National Marine         Management Agency (FEMA), re-           ciation for the Preservation of Cape
                Sanctuary. The MCZMP requested          quested that the MCZMP's haz-           Cod sponsored a symposium on
                and received joint-agency status        ards coordinator, participate on the    barrier beach conservation which
                for the Stellwagen Bank Sanctu-         Federal Hazards Mitigation and          prompted change in the way Mas-
                ary and co-authored the Environ-        Assessment Team for several af-
                mental Impact Statement and Man-        fected states in the New England            Federalfunds provided
                agement Plan for the sanctuary.         Region. O'Connell, a coastal ge-           $1,784,000for the coastal
                                                        ologist, provided invaluable assis-          program in FY92 and
                        Coastal Hazards: The            tance to FEMA on storm assess-                $1,856,000 in FY93.
                MCZMP hosted a coastal hazards          ment and mitigation efforts.
                workshop in March 1993 in re-                                       .   .       sachusetts manages its coastline.
                sponse to impacts from Hurricane                PermitAdvisory Services:        In response to issues raised at the
                Bob in 1991 and the nor'easters of      The MCZMP established a permit          symposium, a Barrier Beach Task
                1991 and 1992. Technical and man-       advisory service, PAS, to advise
                                                                                                Force was established, which in-
                agement staff from New Jersey,          applicants on permitting require-
                New York, Michigan and New              merits and procedures within            cludes representatives from fed-
                England coastal programs partici-       Massachusetts's coastal zone. A         eral, state and local government
                pated in the workshop, which in-        provides information on permits,        agencies and private industry. The
                cluded presentations from each of       project application review meet-        taskforce has been charged to study
                these eight states on coastal haz-      ings, and the state's regulatory pro-   the issues and develop guidelines
                ards and mitigation efforts, The        granis and serves as a referral ser-    for managing and stewarding bar-
                                                                                                rier beaches, particularly empha-
                workshop's success prompted             vice for coastal project contacts.      sizing the relationship between
                                                                         125





            Massachusetts Coastal Zone Management Program





                                                  human activity and endangered          barrier beach stewards, both state
                                                  species.                               and local, to take bolder steps to-
            Did you know?                                                                ward maximum protection for
                                                          Draft guidelines, which        these fragile barrier beaches. The
                                                  have been completed, promote           guidelines, now in final draft, also
                  Massachusetts's coastal         proactive beach management,            serve as a reference tool to local
            program director has served as        while recognizing that some beach      and state managers in preparing
            the chairman of the Massachu-         management issues must be indi-        barrier beach management plans.
            setts Bay and Buzzards Bay Na-        vidually negotiated between local
            tional Estuary Programs and as        government and state agencies.                 Recommendations of the
            the Governor's representative on      The guidelines contain a set of        task force also resulted in a state
            the Gulf of Maine Council on the
            Environment.
            00'   The MCZMP served as the
            Secretariat for the Gulf of Maine
            Council and Working Group Pro-
            gram from July 1, 1992 through
            June 30, 1993. The Secretariat
            handles day to day planning and
            work elements for the Gulf of
            Maine Program, and organizes
            and conducts the Council's meet-
            ings; and working group sessions.

                  Massachusetts is the only
            coastal state so far to reque
                                         st an
            expansion of the management
                                                                                                    57 7
            area recommended byNOAA and
            EPA under the section 6217 na--
            tional Coastal Nonpoint Pollution
            Control Program. NOAA and
            EPA approved the state's request
            to expand the 6217 program's
            management area to include ar-
            eas covered by the Massachusetts
            Bay and Buzzard Bay National
            Estuary Programs.
                                                  "Recommended Management                requirement that state   and local
            000-  EPA's Administrator rec-        Measures" that can be applied to       agencies prepare barrier beach
            ognized the towns of Bourne,          any proposed use of barrier            management plans for public re-
            Wareham and Plymouth by giv-          beaches. Task force members rec-       view by local conservation com-
            ing them awards for adopting the      ognize, however, that in many          missions. This review ensures that
            Buttermilk Bay Nitrogen Manage-       cases these management measures        barrier beach management plans
            ment District developed and pro-      represent the minimum level of         are consistent with the state's Wet-
            posed by the Buzzards Bay Project.    protection recommended to meet         lands Protection Act and other rel-
                                                  environmental protection stan-         evant local wetlands protection by-
                                                  dards. The task force encourages       laws or ordinances. Massachu

                                                                  126





                                                                Massachusetts Coastal Zone Management Program





                           T'TRAMPh'13
                                         4
                                                                    Rapid response spurs
                                         Al.
                                                                    recovery from storms
                                                                 In the onslaught of a           director of the Massachusetts
                  J?,
                                                         coastal storm, local, state, and fed-   Coastal Zone Management Pro-
                                                         eral emergency operations person        gram, and other top government
                                                         nel must react as quickly and deci-     officials. Using that information,
                                                         sively as the storm itself to save      officials determine whether to pe-
                                                         lives and property from disaster,       tition for a presidential declara-
                                                         and protect the environment.            tion of disaster, to declare a state
                                                                                                 of emergency, or to take other ap-
                                                                 To help emergency per-          propriate action. Immediate dam-
                                                         sonnel in these critical moments,       age reports are essential for the
                                                         Massachusetts's Coastal Zone            Governor to make such a determi-
                                                         Management Program organized            nation.
                                                         a Rapid Response Storm Assess-
                setts Coastal Zone Management            ment Team (RRSAT). The team's                    In December 1992, a presi-
                Program's Assistant Director             mission is to quickly obtain accu-      dential disaster declaration was
                chairs the task force.                   rate and concise preliminary in-        issued for the Massachusetts coast-
                                                         formation on coastal storm dam-         line following a major coastal
                         Federal Consistency Ac_         age, both during and immediately        storm. The data compiled by the
                tivities: During the report period,      following a coastal storm event.        RRSATeam helped justify the di-
                MCZMP used the federal consis-                                                   saster declaration and provided
                tency process to review three                    The MCZMP's Emergency           information to aid hazard mitiga-
                                                         Operations Headquarters then            tion measures during the "repair
                major activities in the state coastal    summarizes all preliminary dam-         and recovery process."
                zone: a federal waterfront devel-        age assessments and relays that
                opment project, designations of          information immediately to the                   Response team members
                federally operated marine disposal       Governor, Massachusetts Emer-           also provide technical assistance
                sites, and interstate review of a        gency Management Agency offi-           to communities and other state
                wastewater treatment plant.              cials, Secretary of the Executive       and federal agencies involved in
                Through the consistency review           Office of Environmental Affairs,        emergency management efforts.
                process, Massachusetts negotiated      I
                significant improvements on each
                                                                                                       11, K'111,@,,@i.
                project. Each case is described in
                the federal consistency section of
                this report.


                          SUMMARY OF
                   EVALUATION FINDINGS


                         No evaluation of the Mas-
                sachusetts Coastal Zone Manage-
                ment Program was conducted dur-
                ing the biennium. The next pro-
                                                                                                           '5
                gram evaluation is scheduled for
                June 1994.                                                127





           Waquoit Bay National Estuarine Research Reserve





                           aquoit Bay Na-
          tional Estuarine Research Reserve
          includes areas of intense, moder-
          ate and low human impact in the
          towns of Falmouth and Mashpee
          in Barnstable County. The
                                                              z@K
          reserve's boundary encompa
          2,250 acres spanning the open
          water and marshes of Waquoit Bay,
          adjacent upland fields and forest,
          and public recreational areas of                                                          z
          South Cape Beach State Park
          Washburn Island. Waquoit Bay
          NERR provides a haven for the
          Piping Plover, federally listed as a
          threatened species, the endangered
          Roseate Tern, and other rare spe-
          cies. In only one other place in the
          Commonwealth besides Waquoit              into a watershed action plan, de-                 RESEARCHAND
          Bay has the endangered S andplain         veloped by the Waquoit Citizens             MONITORING PROGRAMS
          Gerardia been confirmed to grow.          Action Committee, focusing on
                                                    discharge and nitrogen loading af-                In related activities, the re-
                      PROGRAM                       fecting the Bay.                          serve worked closely with Land
               ACCOMPLISHMENTS                                                                Margin Ecosystem Research
                                                            An Intermunicipal Com-            (LMER) scientists to develop a
                   Facilities: Massachusetts        mittee, composed of representa-           computer model designed for lo-
          recently released $250,000 to reno-       tives of the town boards from             cal planners to determine nitrogen
          vate the interior of the Swift Estate     Falmouth, Mashpee and Sandwich,           loading levels in area watersheds.
          Main House beginning in Fall              has been meeting at the reserve to        Ultimately, the reserve will train
          1993. When renovated, the Main            respond to the plan. The                  planners to use this model. The
          House will feature a conference           Intermunicipal Committee has              LMER project, "Coupling of Wa-
          room, exhibit space and reserve           submitted a "No Discharge Zone"           tershed and Coastal Waters in
          offices.                                  application to the U.S. Environ-          Waquoit Bay," is supported by a
                                                    mental Protection Agency (EPA)            4-year grant jointly funded by
                  Resource Protection:              to eliminate boating discharges into      NOAA, the National Science
          Waquoit Bay's Resource Protec-            the Bay. Citizens for the Protec-         Foundation and EPA. The project
          tion Subcommittee, composed of            tion of Waquoit Bay, the reserve's        studies how changes in land use
          town and state officials withjuris-       support organization, collaborated        over time affect groundwater nu-
          diction in Waquoit Bay, devel-            with the Association for the Pres-        trients and how these effects influ-
          oped a Resource Protection Sum-           ervation of Cape Cod and the              ence the health of Waquoit Bay.
          mary which examined resource              Intermunicipal Committee to dis-
          protection issues, regulations and        cuss developing an "overlay" dis-                 Waquoit Bay Reserve staff
          regulatory gaps, and offered rec-         trict approach for reducing nitro-        are working with the EPA on two
          ornmendations for filling the gaps.       gen loading in the Bay.                   EPA demonstration projects. In
          These recommendations evolved                                                       1992 the Waquoit Bay Watershed

                                                                     128





                                                                 Waquoit Bay National Estuarine Research Reserve





                became one of eight sites in the              EDUCATIONAND                     tions regarding reserve educa-
                country designated as a National           OUTREACH PROGRAMS                   tional products, such as the Wa-
                Demonstration Project Site for Ad-                                             tershed Awareness curriculum.
                vanced Onsite Waste Water Treat-               The reserve is also       in-
                ment Systems. As such, the re-         volved with the Massachusetts De-        Federalfunds provided $ in
                serve will receive approximately       partment of Education and the           F Y92 and $ in FY93 for reserve
                $200,000 in technical advice and       Towns of Falmouth, Boume and              operations, education and
                technology through EPA's Small         Mashpee in the Partnerships Ad-                    research.
                Flows Clearinghouse to install and     vancing Leaming in Mathematics
                monitor onsite denitrification sys-
                tems. Having established a strong                                                       SUMMARYOF
                role in research and monitoring in
                                                                                                 EVALUA
                                                                                                            TION FINDINGS
                the watershed, the reserve will
                serve as project manager for this                                                     Final  evaluation findings
                effort. The reserve is also work-
                                                                                               were issued in January 1992. Ac
                                                                                               complishments of the program in-
                ing with EPA to test an ecological
                risk assessment methodology,                                                   cluded: developing a large volun-
                which looks at several stressors,                                              teer corps; creating and actively
                including nitrogen loading and                                                 involving the Resource Protec-
                other chemicals, boating and ag-                                               tion Subcommittee; facilitating
                riculture, to determine the prob-                                              the flow of information from re-
                ability of impact to human, bio-                                               searchers to coastal policymakers
                logical and ecological health.                                                 and the public; renovating the
                Toxic plumes from the Massa-                                                   Swift Estate, and providing edu-
                chusetts Military Reservation,                                                 cational and interpretive opportu-
                where at least 50 toxic sites have                                             nities. The evaluation recom-
                been identified, head down the wa-     and Science (PALMS) Project.            mended that the state commit fund-
                tershed directly toward the reserve.   Designated the "museum partner"         ing to the education coordinator
                The Waquoit Bay watershed is           of this team, the reserve reaches       position and other staff at the re-
                one of five demonstration sites in     out to any nature center or reserve     serve. The findings also recom-
                the country and represents a coastal   with exhibits, to train teachers in     mended that the state develop a
                                                       watershed ecology and related top-      long-term acquisition plan, con-
                                                       ics, and offers the use of Waquoit      duct a study of the cumulative
                 The Waquoit Bay Reserve was           Bay Reserve classroom facilities.       impacts of docks, piers and boat-
                       designated in 1988              The reserve's educational and in-       ing on marine resources; and im-
                   in the Northern Virginian           terpretive outreach activities          prove fiscal administration in Bos-
                    biogeographical region.            reached over 9,000 people during        ton. In response to the last recom-
                                                       fiscal years 1992 and 1993. An          mendation, the Department of En-
                watershed. The Research Advi-          estimated 30,000 people also used       vironmental Management selected
                sory Committee has developed a         South Cape Beach, within the re-        a full-time grants management
                technical review procedure for re-     serve, for recreational purposes        staff member in Boston to im-
                serve documents, and is focusing       during this period. Education sub-      prove fiscal management and ad-
                on the need for a scientific net-      committee members continue to           ministration of federal grants to
                work across Cape Cod.                  review and make recommenda-             the reserve and to other Common-
                                                                                               wealth programs.

                                                                       129



































































































                                                          130


















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                                              M, ichigan





          Michigan Coastal Zone Management Program





                 he Michigan Coastal Man-                As the lead agency, the         ture, require most small structures
          agement Program (MCMP), ap-            Michigan Department of Natural          to be readily moveable, require a
          proved in 1978, covers 3,200 miles     Resources (DNR), Land and Wa-           double'setback for large structures,
          of Great Lakes shoreline along         ter Management Division                 establish a recession rate update
          Lake Michigan, Lake Huron, Lake        (LWMD) administers the MCMP.            procedure, add 15 feet to some
          Superior and Lake Erie. Featuring      The LWMD also issues perm its           setback requirements, and add
          two large peninsulas and touching      under the Great Lakes Submerged         seven communities to the list of
          four of the five Great Lakes,          Lands Act, Shorelands Protection        flood risk communities. To imple-
          Michigan's coastline is geographi-     and Management Act, Sand Dunes          ment the new rules, Michigan's
          cally unique. The state coastal        Protection and Management Act,          Coastal Management Program
          program'sjurisdiction extends into     Inland Lakes and Streams Act,           contacted communities with High
          to the border of Canada's Province     Goemaere-Anderson Wetland               Risk Erosion Areas to notify them
          of Ontario and the states of Minne-    Protection Act, and the Underwa-        of the one-year period for amend-
          sota, Wisconsin, Illinois, Indiana     ter Salvage Act.                        ing their zoning to conform with
          and Ohio. The inland boundary of                                               the revised rules, to offer assis-
          the coastal zone includes resources                PROGRAM                     tance with zoning ordinance revi-
          that affect the coastal zone and            ACCOMPLISHMENTS                    sions and to provide model ordi-
          sand dunes, wetlands, and coastal                                              nance language. The amendments
          lakes - all of which are signifi-              Amendments                  to  provide Michigan's Department
          cant coastal features.                 Shorelands Protection and Man-          of Natural Resources with a man-
                                                 agement Act rules: In May 1992,         date to further protect its high haz-
                                                 the Michigan Natural Resources          ard and flood risk areas in
               The Michigan Coastal              Commission approved amend-              Michigan's coastal zone.
              Management Program,                ments to the Great Lakes
          approved in 1978, covers 3,200         Shorelands Protection and Man-                  Sand Dunes Program: In
          miles of Great Lakes shoreline.        agement Act regulations, which          1989, passage of the Sand Dunes
                                                 constitutes part of Michigan's          Protection and Management Act
                                                 Coastal Management Program.             greatly broadened the DNR's au-
                                                 The amendments clarify the defi-        thority to regulate activities in
                                                 nition of a readily movable struc-
                                                     OVA








              4@1


                                                                  132





                                                                      Michigan Coastal Zone Management Program





                 Critical Dune Areas. The Act,           gram administration funds.              Great Lake plant species which
                 which sunsets in 1995, calls for a      Leelanau County funding revised         may be threatened by increased
                 joint legislative study committee       its outdated Comprehensive De-          coastal development.
                 to report issues relating to the ef-    velopment Plan. The Leelanau.
                 fectiveness of the DNR's adminis-       General Plan project is a citizen-               Adopt-A-BeachlBeach
                 tration of the Sand Dunes Act to        based effort to plan and manage         Sweeps Program: Michigan was
                 the legislature. LWMD staff have        growth in a way that provides pro-      one of the first Great Lakes states
                 assisted the committee by provid-       tection for sensitive coastal re-       to become active in the national
                 ing information for their report to     sources in the Leelanau Peninsula.      effort to clean up beaches. The
                 the legislature.                        Eleven townships, three villages,       MCMP used coastal management
                                                         and several hundred citizens have       funds to develop, print, and dis-
                          Coastal Litigation Support     participated in the development of      seminate beach clean-up materi-
                 Services: The MCMP funded a             the General Plan.                       als to the public and to facilitate
                 full-time attorney, in response to a                                            the implementation of a Great
                 NOAA evaluation, to initiate plain-             Funded through the CZM          Lakes Beach Clean-up along
                 tiff actions and to provide litiga-     program, other related projects         Michigan's beaches.
                 tion and support services on be-        created and implemented an agri-
                 half of the Great Lakes Shorelands      cultural preservation plan using                Shipwreck Management:
                 Section in the LWMD. Before             the purchase and traii sfer of devel-   Michigan's coastal management
                                                         opment rights; prepared a docu-         program funded several projects
                                                         ment entitled "Biodiversity of          to further develop video mosaic
                   NOAA supported Michigan's             Michigan's Great Lakes Islands",        imaging technology as a way of
                       coastal program with              which the state used in developing      documenting shipwrecks and other
                      $2,014,000 in FY92 and             Michigan DNR's island manage-           submerged resources. With CZM
                      with 2,388,600 in FY93.            ment policy; and surveyed endemic       funds, video imaging technology

                 funding this position, the LWMD
                                                                                                                    A W_
                 received limited support from the
                 Department of the Attorney Gen-
                                                                                                      W."

                                                                                      Em
                 eral because of staff shortages in                                  A,
                 the Attorney General's office. By
                 using coastal management fund-
                 ing to support an attorney, the DNR
                 has been able to become more
                 proactive in enforcing its coastal
                 statutes through the Attorney
                 General's office.


                          Growth Management:
                 Michigan's Coastal Management
                 Program funded several projects
                 to manage growth in northern
                 lower Michigan using a combina-
                 tion of section 309 Enhancement
                 Grant funds and section 306 pro-

                                                                          133





          Michigan Coastal Zone Management Program





         documented         the    Edmund       rently has nine designated Under-      three historic vessels, participate
         Fitzgerald and the F.T Barney.         water Preserves which provide rec-     in and print the Great Lakes Re-
         The state also funded two seasons      reational diving opportunities         gional Underwater Resources Con-
         of field investigations and prepa-     while protecting historic cultural     ference proceedings, and develop
         ration of detailed maps of the         resources.                             interpretive exhibits on the U.S.
         sunken schooner, the Alva Bradley.                                            Life Saving Service. The MCMP
                                                        As related projects, Michi-    has also worked with NOAA and
                 Using CZM funds, two lo-       gan worked to develop and under-       the City of Alpena on the designa-
         cal communities inventoried sub-       water interpretive trail, restore      tion of the Thunder Bay Underwa-
         merged cultural re-                                                           ter Preserve in Lake Huron as a
         sources to identify re-                                                          National Marine Sanctuary.
         sources that are not now
         protected through the                                                                 Section 306A Low-cost
         state's established under-                                                       Construction Projects: During
         water preserve program.
                                                                                          the     reporting        period,
         Results will determine                                                           Michigan's coastal manage-
         whether the communities                                                          ment program continued to
         will seek preserve desig-                                                        spend approximately a third of
         nation. Michigan cur-                                        V                   its section 306 funds on section
                                                                                          306A, low-cost construction
                                                                                          projects. These projects pro-
                                                                                          vide for urban waterfront res-
                                                                                       toration, increased public access,
                                                                                       resource protection, and historic
                                                                                       preservation. Community involve-
                                                                                       ment in the coastal program is
                                                                                       greatly enhanced through local
                                                                                       grants. Section 306A funds serve
                           41it"N
                                                                                          he catalyst for coastal commu-
                                                                                       ast
               R N  @@F,                                                               nities to improve or re-evaluate
                                                  lmul
                                          @,R                                          the use of their waterfronts. Sev-
                                                                                       eral communities have reported
                                                                                       that using low-cost construction
                                                                                       grants has increased private in-
                                                                                       vestment in waterfront areas.


                                                                                              Federal consistency: Af-
                                                                                       ter almost two decades of debate
                                                                                       with the Corps of Engineers over
                                                                                       the Corps' operation of the Sault
                            hll,
                                                                                       Ste. Marie Locks, Michigan's
                                                                                       DNR reached an agreement with
                                                                                       the Corps and other federal agen-
                                                                                       cies which will study the environ-
                                                                                       mental effects of fixed closing and
                                                                134                    opening dates of the locks.




                                                                            Michigan Coastal Zone Management Program





                                                                                                                        Management Act into
                                                                                                                        law; passed amend-
                                                                                                                        ments to the "Under-

                                                                                     ,01N am"M
                                                                                      N , , 0:                       1  water Salvage Act"
                                                                                      UM " ,                         22
                                                                                      HIR,
                                                                                                                        which formally created
                                                                        1#13 "'I"W              @rgffi Mi!
                                                                                          Eff"i, I
                                                                                            T@i4'1      r               the Underwater Pre
                                                                                                                     R, serve Committee; and
                                                                                                                        that the MCMP devel-
                           "ORRi"W3, N111"'I"R
                                                                                                                        oped policy on marina
                                                                                                                        development            and
                                                                                                                        drafted amendments to
                                                                                                                        the Shorelands Protec-
                                                                                                                        tion and Management
                                                                                                                        Act.


                                                                                                                            The evaluation

                                                                            rM,
                                                                                                                        also recommended
                                                                                                                        some actions toward

                                                                                                 Rl-                    str
                                                                                                 011
                                                                                                                           en
                                                                                                      , 402                   gthening the pro-
                                                                                                                        gram even further in
                                                                  @0
                                                               11", M -["",R'N                    -.1%x-10N1VWM
                                                                                                                        some areas. NOAA
                  Michigan's Coastal Management                           SIGNIFICANT                     recommended that the MCMP hire
                  Program has long maintained that                 PROGRAM CHANGES                        additional field staff, particularly
                  the opening and closing of the                                                          for enforcement, use federal funds
                  locks for navigation during the                      The MCMP did not submit            to support an attorney in the Gen-
                  winter months should be based on            any program changes during the              eral Attorney's office whose time
                  environmental criteria rather than          reporting period.                           is dedicated to the Land and Water
                  on a set date. Vessel traffic through                                                   Management Division, clearly ex-
                  the connecting channels of the                         SUMMARYOF                        plain and document its federal con-
                  Great Lakes under ice conditions               EVALUATION FINDINGS                      sistency procedures, work on pro-
                  can have significant impacts on                                                         cedures for determining that a per-
                  coastal wetlands, fisheries habitat                  NOAA issued final evalu-           mit application is complete, and
                  and shoreline structures.                   ation findings in March, 1992, for          increase technical assistance, par-
                                                              the review period from August               ticularly for soil erosion and sedi-
                           After lengthy negotiations,        19 88 to July 1990. Overall, NOAA           mentation officials and for local
                  the Michigan DNIR, Corps of En-             found the Michigan Coastal Man-             governments implementing the
                  gineers, U.S. Coast Guard, and              agement Program to be effectively           state's coastal management-related
                  U.S. Fish and Wildlife Service              implementing its approved pro-              laws. The MCMP has worked to
                  have agreed to a combined com-              gram. The evaluation cited many             address these recommendations.
                  mitment of up to $250,000 per               accomplishments of Michigan's
                  year in money, staff and equip-             Coastal Management Program.
                  ment to conduct two years of moni-          Among them, NOAA noted that                   NOAA approved Michigan's
                  toring studies to determine if there        the state signed amendments to                     coastal managment
                  are adverse environmental impacts           the Sand Dunes Protection and                        program in -1978
                  caused by lock-related winter navi-
                  gation.                                                       135



























































































                                                           136










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                                                  137





          Mississippi Coastal Program





                  he Mississippi Coastal Pro-     ing that such decisions are consis-     aquaculture facilities. The rules
         gram (MCP) is based in large part        tent with the program's goals. The      provide criteria for siting and op-
         on the Mississippi Coastal Wet-          BMR assures that decisions made         erating these facilities. The BMR
         lands Protection Law, and the            by other State and Federal agen-        is currently finalizing monitoring
         Mississippi Marine Resource              cies are consistent with the MCP.       requirements to submit to the Mis-
         Council enabling legislation. The        While the primary management            sissippi Commission of Wildlife,
         Department of Wildlife, Fisheries        technique is direct state permitting    Fisheries and Parks for adoption.
         and Parks/Bureau of Marine Re-           authority, Mississippi has desig-
         sources (BMR) is the lead agency         nated several ports and beaches                 Coastal Preserves Pro-
         that administers the major portion       Special Management Areas                gram: MCP is developing a coastal
         of this networked program.               (SMA's). Special management             preserve program that will iden-
         Mississippi's coastal zone bound-        area plans have been developed
         ary encompasses three coastal            for most beaches and the Port of          The statejoined the ranks of
         counties and all coastal waters,         Pascagoula.                                federally approved coastal
         although regulatory j uri sdiction is                                             programs in September 1980.
         generally more limited in scope.                     PROGRAM
         Collectively, three "coastal pro-             ACCOMPLISHMENTS
         gram agencies"- the DWFP (Bu-                                                    tify and prioritize estuarine eco-
         reau of Marine Resources), the                   Development of Net Pen          systems, develop and implement
         Department of Environmental              Aquaculture Regulations: In re-         an acquisition program to acquire
         Quality (Office of Pollution Con-        sponse to proposals to establish a      priority ecosystems, and develop
         trol and Office of Land and Water        large scale pen-net aquaculture         management plans for the acquired
         Resources), and the Department           operation outside and in the Mis-       preserve parcels. During the bien-
         of Archives and History-are re-          sissippi Sound, the MCP devel-          nium, the MCP, in conjunction
         sponsible for managing coastal re-       oped, adopted and implemented           with the Mississippi Heritage Pro-
         sources, monitoring decisions that       comprehensive permitting rules          gram, characterized twenty major
         affect the coastal area, and insur-      and regulations to address marine       estuarine systems (1,500 acres)
                                                                                          along the coast in the Bangs Lake
                                                                                          area in order to determine their
          In Mississippi, coastal managers usefederalfunds to increase the public's       eligibility for land acquisition and
          access to the coast.                                                            set priorities for acquisition. Once
                                                                                          acquired, management plans for
                                                                                          the areas will be developed.
                    77177                                                                         Citizens GuideforProtect-
                                                                                          ing Wetlands: MCP, in conjunc-
                                                                                    MV
                                                                                          tion with The Nature Conservancy,
                                                                                   IN,
           2,i;;;i; ug                                                                    developed and published a "Citi-
                                                                                          zens Guide to Protecting Wetlands
                                                                                          in Mississippi. " The guide explains
                                                                                          wetlands definitions, functions and
                                                                                          values, state and federal laws regu
                                                                                          lating wetlands and the permitting
                                                                                          process. The guide also identifies
                                                                                          proactive roles that the public can

                                                                  138




                                                                                              Mississippi Coastal Program





                 play in permitted and unpermitted                       0
                 activities as well as its role in       The sta e, e ps co  nate two beach and wetland cleanups annually.
                 enforcing state and Federal wet-
                 lands laws.


                         Wetlands        Mitigation
                 Guidelines: Mississippi's Coastal                                  17 -%
                 Program developed wetlands miti-
                                                                           "N'
                 gation guidelines for wetlands
                 permitting, which allow the pro-
                                                         '194
                 gram to make regulatory decisions
                 that would avoid, minimize, re-
                 store, or compensate for adverse
                 impacts. The guidelines also es-
                 tablish criteria for compensatory
                 mitigation to offset unavoidable                                                  <
                 adverse impacts from permitted
                 projects. Mississippi's guidelines
                 are similar to those issued by the      law was also conducted to deter-      low cost construction projects to
                 U.S. Environmental Protection           mine responsibilities and authori-    provide or enhance public access
                 Agency and Army Corps of Engi-          ties, and cost estimates for remov-   in coastal Mississippi. These
                 neers but are more comprehen-           ing the structures. Mississippi's     projects included the construction
                 sive. The state is also developing      Coastal Program is in the process     of nature trails, least tern viewing
                 standards for evaluating the suc-       of identifying alternative funding    platforms and a boat launch. The
                 cess of compensatory mitigation         sources to remove other structures.   MCP also developed non-indus-
                 projects.                                                                     trial construction standards for
                                                                Public Trust Tidelands:        water access and shoreline protec-
                         Derelict Structure Survey:      The Mississippi Public Trust Tide-    tion facilities. These standards,
                 In response to threats to public        lands Act of 1990 requires that       used by local governments receiv-
                 health and safety and navigation        projects which are proposed on        ing 306A funds, guarantee mini-
                 posed by abandoned piers, pil-          lands subject to the ebb and flow     mum environmental impact and
                 ings, vessels, fishing shacks, and      of tides must first obtain a public   quality construction.
                 other structures, the MCP con-          trust tidelands lease from the Sec-
                 ducted a survey of derelict struc-      retary of State's office. Under pro-           Cumulative and Second-
                 tures. The survey's results in-         visions of the Act, a majority of     ary Impacts: With funding through
                 cluded: locating, describing, and       leasing revenues are directed to      the CZMA section 309 enhance-
                 mapping the location and owner-         the Bureau of Marine Resources        ment grant program, Mississippi's
                 ship, where possible, of all such       for preservation, conservation, ac-   coastal program is addressing the
                 near shore derelict structures in       quisition, education, public access,  cumulative impacts of septic sys-
                 Harrison, Hancock, and Jackson          and public improvement projects.      tems on coastal waters. Working
                 counties. A legal analysis of state                                           with the Department of Health,
                                                                Low Cost Construction          the Bureau of Marine Resources
                   The state received $579,333           Projects: Using section 306A re-      will develop guidelines for the
                     infederalfunds in FY92              source management improvement         location, design, and operation of
                      and $728,000 in FY93.              funds, the BMR conducted nine         on-site disposal systems (septic

                                                                        139





          Mississippi Coastal Program





          systems) whichwill consider a            are subject to the state's wet-
          broader range of impacts than tra-       lands regulations.
          ditional public safety concerns.
          These guidelines are intended to               SIGNIFICANT
          be incorporated into the state sep-       PROGRAM CHANGES
          tic regulations.
                                                          No program changes
                  Improvements to the              were submitted during the
          Coastal Wetlands Use Plan: The           biennium.
          Bureau of Marine Resources is
          also using section 309 enhance-                SUMMARYOF
          ment grant funds to revise and           EVALUATION FINDINGS
          update the state's wetlands use
          plan to take into consideration uses,           An evaluation of the
          such as dockside casinos, that were      Mississippi coastal program
          not envisioned at the time of pro-       was conducted in April 1993.
          gram development. The BMR is             Final evaluation findings are
          also using enhancement funds to          scheduled for release in De-
          clarify which uses have an indirect      cember 1993.
          impact on wetlands and therefore
                                                                                   Mississippi coastal managers restock oyster
                                                                                   shells to replenish oyster reefs to increase
                                                                                   , oyster harvests.

                           Docksid-a- gambling brings new challenge
                                                 to mississippi"s coast
                   Mississippi's newest in-                The casinos are an eco-         food processing facilities. Further,
          dustry, dockside gaming and ca-          nomic boom to a rather weak             improvements have been limited
          sino development, has already            economy. Mississippi's Gulf Coast       to minor shoreline modifications
          created significant positive and         gaming market is expected to gen-       and reconfiguration, dredging for
          negative impacts on the Missis-          erate an annual revenue of $56.1        access and flotation. This is ex-
          sippi coastline. Legalized               million to $71.6 million and create     pected to change as prime sites
          dockside gambling was enacted            thousands of new jobs, primarily        are taken up and the casinos move
          by the Mississippi legislature in        for local residents. Some of the        into more pristine back bay areas.
          1991. Since then, seven casino op-       casinos are netting as much as
          erations have opened in two of           $500,000 per day in revenue. For-               The major impact to date
          the three coastal counties that ap-      tunately, to date, the impacts to       is the displacement of the com-
          proved the referendum (eight are         coastal resources from casino de-       mercial seafood industry, prima-
          licensed and approved by the             velopment have been limited.            rily the commercial shrimp fleet.
          Gaming Commission); and nine-            Most casino development has             Many seafood industry facilities
          teen applications have been filed,       taken place in previously im-           (fuel, ice, storage, supplies and
          many of which are expected to be         pacted areas on sites of deterio-       mooring) as well as some process-
          opened by late 1993 or mid 1994.         rated boat yards and obsolete sea-      ing facilities, have sold property
                                                                                           to casino developers.


                                                                   140















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                                       141





           New Hampshire Coastal Management Program




                                                           "Af
                    he New Hampshire Coastal
           Program (NHCP) is a networked
           program based on a series of State
                                                                                                                        In 1993, 15, 000
           laws and implementing regulations                                                                            pounds of debris
           administered by various state agen-                                                                          were collectedfrom
                                                                                                                        New Hampshire
           cies, boards and commissions. The                                                  -a-Now
                                                                                                                        shores.
           Office of State Planning, as the
                                                                                        _X
           lead agency, has responsibility for
                                                          F111
           implementing the program. Other
                                                                                                      k
           important networked agencies in-
           elude the Department of Environ-
           mental Services Water Supply and                                                          41
           Pollution Control Division and                                     HN                      X,
           Wetlands Bureau, the Fish and
           Game Department, the New Hamp-
           shire Port Authority, and the De-
           partment of Transportation. The
           Council on Resources and Devel-
           opment (CORD), an interagency              boundary is defined as 1,000 feet           800 volunteers participating. New
           board comprised of key state agen-         from the mean high water, or to the         Hampshire's Coastal Program has
           cies, is responsible for coordinat-        limits of the Wetland Board's ju-           cooperated extensively with the
           ing State policies and resolving           risdiction over tidal waters, de-           Odiorne Point Seacoast Science
           agency conflicts in the coastal zone.      pending on the area. The boundary           Center and recently funded educa-
                                                      around Great Bay extends inland             tional programs for middle and
                    New Hampshire used the            to identifiable features, such as           high school students, the general
           segmented approach in designing            roads, which in most cases are              public, and environmental day
           its coastal program. The first phase,      more than 1,000 feet from the               camps. As part of this cooperative
           approved in June 1982, included            shoreline, and to the limits of the         effort, fall tidepool slide presenta-
                                                      Wetlands Board's jurisdiction               tions and studies in upland habitat,
            The coastal program, federally            along estuarine rivers. Seaward,            mammals, and freshwater ponds
              approved in June 1982 and               the boundary includes all coastal           took place. The program has also
               September 1988, received               waters within the three-mile limit          funded permanent sea tank exhib-
           $639,667 infederalfunds FY92               of the state's jurisdiction.                its at the center in order to educate
                 and $601, 000 in FY93.                                                           the public about coastal and ma-
                                                                   PROGRAM                        rine issues. Coastal issues are regu-
                                                            ACCOMPLISHMENTS                       larly featured in the New Hamp-
           the Ocean and Harbor Segment                                                           shire Coastal Program's Tidelines
           which encompasses the Atlantic                      Public Education & Out-            newsletter,
           Ocean shoreline, Hampton Estu-             reach: New Hampshire's Coastal
           ary, and the Portsmouth Harbor             Program has taken the lead on co-                    Wetlands Preservation and
           portion of the New Hampshire               ordinating New Hampshire's                  Restoration: New Hampshire is
           coast. Phase two, approved in 198 8,       Coastweeks events, including the            actively involved in wetlands pres-
           included all remaining areas under         state's Coastal Cleanup and Adopt-          ervation and restoration and is rec-
           T






































           tidal influence located near the           a-Beach programs. The 1993                  ognized as having a strong and
           Great Bay estuary. New                     Coastweeks celebration was the              equitable program. New Hamp-
           Hampshire's inland coastal zone            most successful to date, with over          shire regulates every square foot
                                                                        142





                                                                     New Hampshire Coastal Management Program





                of wetland in the state and moni-        pre-restoration assessment of sedi-     chase of handicapped accessible
                tors compliance on all projects in       ments and vegetation. Data gained       play equipment. Pierce Island Park
                the coastal program communities          through this project may be in-         is the first municipal playground
                through its wetlands inspectors.         valuable for management and res-        in the Portsmouth metropolitan
                The Environmental Law Institute          toration decisions.                     area with equipment accessible to
                recently presented New Hampshire                                                 disabled children.
                with a National Wetlands Award                   Natural Resource Protec-
                in recognition of the state's strin-     tion: Using coastal zone manage-                 SIGNIFICANT
                gent yet efficient permit review         ment funds, the City of Portsmouth           PROGRAM CHANGES
                program.                                 and the Town of Rye produced a
                                                         watershed management plan for                   No program changes were
                         The NHCP, in conjunction        the Berry's Brook Watershed.            submitted during the biennium.
                with the U.S. Fish & Wildlife Ser-       Located in both communities,
                vice, is actively involved in a show-    Berry's Brook is a unique 5.9                    SUMMARYOF
                case wetlands restoration project        square mile coastal ecosystem              E VA L UA TION FINDINGS
                at Awcomin Marsh near Rye Har-           comprised of a 6.2 mile long stream
                bor. Portions of this marsh have         with associated freshwater wet-                 OCRM conducted an
                been cut off from tidal influence        lands, an estuary and tidal marsh.      evaluation site visit in September
                since 194 1, when berms were con-        The watershed contains several          1993, and will issue final evalua-
                structed. The area has also been         rare plant species, over 1000 acres     tion findings in early 1994.
                used as an Army Corps of Engi-           of forested wetlands, and a spawn-
                neers dredge spoil disposal site.        ing ground forbrown trout. Berry's
                As a result, the site has been in-       Brook has clearly suffered from
                vaded by a noxious weed,                 impacts due to development and          Did you know?
                Phragmites australis, and other          may be suffering from nonpoint
                freshwater and brackish species.         source pollution. The watershed         001-    Only about 12%, or 18
                                                         management plan for Berry's             miles, of New Hampshire's coast-
                         New Hampshire's Coastal         Brook recommended implement-            line is on the Atlantic ocean. The
                Program is committed to a long           ing a combination of regulatory         remaining 113 miles is tidal coast-
                term restoration of this site: it is     and non-regulatory management           line primarily located in the Great
                removing the berms and spoil             strategies to ensure long-term pro-     Bay estuary. Of the 18 miles along
                material and reintroducing tidal         tection of the watershed's water        the Atlantic coast, 78% is in public
                flooding to the area. Spoil material     and wetland resources.                  ownership.
                on a portion of the site has been                                                0'      The Great Bay National
                removed and the program has at-                  Public Access: To increase
                                                                                                 Wildlife Refuge has been formed
                tempted to recreate the original         public enjoyment of a previously        ,
                tidal creek patterns. Phase I has        underutilized waterfront park in        from the six-mile portion of the
                                                                                                 old Pease Air Force Base that bor-
                been met with quick success, and         Portsmouth, New Hampshire's             dered the Great Bay Estuary. This
                vegetative changes are already           Coastal Program funded improve-         undeveloped area is prime habi-
                noticeable.                              ments to Pierce Island Park. This       tat for Bald Eagles, who winter
                                                         funding enabled the construction        there from December through
                         The NHCP has also funded        of a handicapped accessible walk-       March.
                a long-term program to monitor           ing path, installation of interpre-
                vegetative changes scientifically        tive signs around the park, general
                by conducting soil analyses and a        clean-up of the site, and the pur-

                                                                         143





           Great Bay National Estuarine Research Reserve





                   tretching fifteen miles                   Nearly one-half of Great          3,000 feet of shoreline along the
           from the coast at New Castle, New        Bay is exposed at low tide, with           bay fronts the 50 acre site. The
           Hampshire, to the upper Great Bay        most of the intertidal being               Sandy Point Interpretive Center is
           in southeastern New Hampshire,           mudflat. Typical of northern New           also being preparted for a Spring
           the Great Bay estuary mixes tidal        England estuaries, the bay hosts a         opening, with help from the Great
           ocean waters with the freshwater         variety of marine plant communi-           Bay Research Reserve Advisory
           inflow of the Winnicut, Sqamscott        ties, eighteen rare or endangered          Board, which has recently been
           and Lamprey Rivers. The Great            plant species, and five rare or en-        activated.
           Bay reserve itself protects nearly       dangered animal species. New
           4,500 acres of tidal waters and          Hampshire's Department of Fish              The Great Bay Reserve was
           mudflats and about 48 miles Of           and Game manages the reserve.                  designated in 1989 and
           shoreline. Within the five hun-                                                       received $120,000 for FY92
           dred fifty acres of upland in the                     PROGRAM                           and $190,000 for FY93.
           reserve, the estuary's environment             ACCOMPLISHMENTS
           ranges from salt marsh and tidal
           creeks to islands, woodlands, and                 Facilities: Construction of       Management Planning: The re-
           open fields. All of Great Bay lies       the 4,000 square foot Discovery            serve is actively involved in estab-
           within the reserve, as do the small      Center at Sandy Point is to be             lishing a 1, 1 00-acre National Wild-
           channel from the Winnicut River          completed for a Spring, 1994, dedi-        life Refuge at the former Pease Air
           and large channels from the              cation. This major project will fea-       Force Base, to be managed by the
           Squamscott and Lamprey Rivers,           ture a classroom, bookstore, in-           U.S. Fish and Wildlife Service. A
           that meet in the center of the bay       door and outdoor exhibits, and a           preliminary management draft
           to form a channel connecting to          1,600 foot boardwalk that draws            plan has been completed and is out
           Little Bay at Adams Point.               visitots out to the saltmarsh. Over        for review. The reserve is continu-
                                                                                               ing to work closely with the New
                                                                                                            Hampshire Depart-
                                                                                                            ment of Environmen
                                                                                                            tal Services, the U.S.
                                                                                                            Coast Guard, and lo-
                                                                                                            cal industry in devel
                                                                                                            oping an Area Re-
                                                                                                            sponse Plan for oil spill
                                                                                                            planning. A draft
                                                                                                            Wildlife Rehabilita-

                                                                       Rl@
                                                                                                            tion Plan, also devel-
                                                                                             @,rg r, 1+
                                                                                                            oped by the Reserve,
                                                                                            1. "MR
                                                                                                            is under review by the
                                                                                                            Fish and Game De-
                                                                                                            partment.




                                                                                                            Using a historic gundalow,
                                                                                                            reserve specialists explain
                                                                                                            coastal history to visiting
                                                                                                            students.
                   IN
                                                                      144





                                                                          Great Bay National Estuarine Research Reserve

















                                        V,



                            F,
                                      F,
                                                                                                Raising the sail of the reserve's historic
                                                                                                gundalow became a unique event to celebrate
                                                                                                Coastweeks '93.
                                                  p1r,


                                                                                                      to learn more about each other and
                    Hunters gather to hear duck callers at Duckers'Day, an activity sponsored by      their shared environment. Hun-
                    the reserve tofoster understanding between coastal users and environmentalists.   dreds of people visited the festival
                                                                                                      and were treated to displays of art
                                                                                                      and local history, retriever shows,
                          RESEARCHAND                               EDUCATIONAND                      yard sales, fishing lessons, duck
                    MONITORING PROGRAMS                         OUTREACH PROGRAMS                     boat skulling and falconry. The
                                                                                                      reserve also brought a touch tank
                           The reserve is successfully                The reserve continued to        and showed off the Piscataqua
                 implementing its year-round wa-            expand its educational efforts by         Gundalow boat used to transport
                 ter quality monitoring program             giving presentations for school           goods on the Bay 250 years before
                 through the University of New              children and adults, providing edu-       trains. Ducker's Day sponsors
                 Hampshire's Jackson Lab. The Lab           cational workshops for teachers,          hope that the festival promotes
                 is cataloging all existing water           presenting booths and displays at         understanding between hunters
                 quality data, back to 1970 and             local Earth Day and Ducker's Day          and the general public, as well as
                 maintaining three permanent                celebrations, tours, and other lec-       teaching people about reserve re-
                 baseline monitoring stations.              tures. New publications will be           sources.
                                                            released soon; others proved so
                          The reserve is also work-         popular that they are in reprint.                   SUMMARYOF
                 ing with the University of New                                                           EVALUATION FINDINGS
                 Hampshire's Sea Grant Program,                      To support the Piscataqua
                 which sponsors the Great Bay               Gundalow Project, the reserve re-                  A routine program evalu-
                 Watch, a citizen-based water qual-         cently sponsored its third annual         ation of the Great Bay NERR was
                 ity monitoring program, to coordi-         Ducker's Day festival, bringing           conducted in September 1993. Fi-
                 nate the Bay Watch's activities            together hunters and the general          nal evaluation findings are due for
                 with Jackson Lab's monitoring              public at a historic farm in Durham       release in early 1994.
                 program.
                                                                              145


















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                                                     New                              - jersc





          New Jersey Coastal Management Program





                      ew Jersey's Coastal        ing New Jersey's Coastal Man-           ies management, public access, and
          Management Program (NJCMP)             agement Program in the Meadow-          water use planning. The NJCMP
          is administered by the Office of       lands.                                  is already developing a public ac-
          Land and Water Planning (OLWP)                                                 cess guide for Bamegat Bay based
          within the Department of Envi-                     PROGRAM                     on recommendations of the public
          ronmental Protection and Energy             ACCOMPLISHMENTS                    access action plan.
          (DEPE). Several core laws form
          the state's basis for regulatory               Estuarine Ecosystem Man-                 Hazards Management: In
          control in the coastal zone, includ-   agement: New Jersey's Coastal           July 1993, New Jersey passed
          ing the Coastal Area Facility Re-      Management Program took the             amendments to its Coastal Area
          view Act (CAFRA), the Wetlands         lead in developing a comprehen-         Facilities Review Act (CAFRA).
          Act of 1970, the Waterfront De-        sive land use and environmental         Originally adopted in the 1970s,
          velopment Law, and the Riparian        managementplan fortheBamegat            CAFRA contained a major loop-
          statutes. The NJCMP couples            Bay area. Bamegat Bay is a 75           hole that required only those fa-
          regulatory responsibilities                                                           cilities containing 25 or more
                                                                                                housing units and commer-
          with a coastal land-use plan-
          ning function through direct                                                          cial development with 300
          state control.                                                                        or more parking spaces to
                                                                                                obtain a permit from the
                                                                                                Department of Environmen-
                  New   Jersey's coastal
                                                                                       01"
          boundary extends from the                                                             tal Protection and Energy.
          New York border to the Raritan                                                        As a result, about 50 percent
          Bay landward up to the first                                                          of the development in the
                                                                                    3,`
                                                                    @T
                                                                         @:l A@- ',i            coastal zone proceeded with-
          road or property line from                                             P
                                                                                                ou
                                                                                                  t state or NJCMP review.
          mean high water; from the
          Raritan Bay south along the                                                           The important amendments
          Atlantic shoreline up to the Dela-     square mile   estuarine   ecosystem     to  CAFRA require a permit for
          ware Memorial Bridge varying           that supports densely vegetated         any development on a beach or
          from one-half to 24 miles inland       eelgrass, shellfish beds, finfish       dune, and within 150 feet inland of
          (1,376 square miles of land area);     habitats, nesting grounds for the       the beach or dune. With these
          north along the Delaware River to      endangered least tem, and an over-      amendments, the state will signifi-
          Trenton landward to the first road     wintering site for American black       cantly improve its oversight of de-
          inclusive of all coastal wetlands;     ducks and Atlantic brant. Located       velopment within the coastal zone,
          and includes a 3 1 -mile square area   between a developing suburban           particularly for meeting hazard
          in the northeast comer of the state    upland area to the west and a bar-      management requirements, and
          bordering the Hudson River under       rier island system to the east, the     begin to address the cumulative
          thejurisdiction of the Hackensack      Bay is subject to intense fishing ,     and secondary impacts of numer-
          Meadowlands Development Com-           recreational uses, and nonpoint         ous small developments. New
          mission, the state's designated        source pollution from changing          Jersey's coastal program is pre-
          body responsible for implement-        and intensifying land uses. The         paring regulations to implement
                                                 "WatershedManagementPlanfor             the CAFRA amendments.
               The program received              Barnegat Bay, " finalized in June
           $2,114, 000 in federalfunding         1993, includes action plans for                  Water Quality: New
          N





























             for FY92 and $2,115,000             public education, sensitive areas Jersey's Coastal Management Pro-
                       in FY93.                  acquisition and protection, fisher-     gram funded two studies address-
                                                                  148




                                                                       New Jersey Coastal Management Program




                 Federal approval came in two
                 parts: the BaylOcean Shore            Critical Statewide Concern. The        24, 1992, concluded that New Jer-
                  Segment in September 1978            NJCMP is now reviewing the en-         sey is adhering to its approved
                 and the Consolidated Program          tire coastal planning process to       coastal management program.
                       in September 1980.              ensure compatibility between the       New Jersey's coastal program
                                                       SDRP and the state's Rules on          made major accomplishments by
                 ing stormwater runoff and             Coastal Zone Management.               updating the state's coastal pro-
                 nonpoint source pollution:                                                   gram document, and strengthen-
                 Stormwater Management in the                   SIGNIFICANT                   ing policies related to high rise
                 NewJerse y Coastal Zone, and Lim-         PROGRAM CHANGES                    structures, large scale develop-
                 iting NPS Pollution from New                                                 ment, farmland conservation,
                 Development in the New Jersey                As part of an on-going re-      shellfish beds and submerged veg-
                 Coastal Zone. These studies ex-       organization of New Jersey's           etation. The findings suggested
                 amine innovative techniques New       DEPE, the NJCMP has been               that New Jersey could improve its
                 Jersey could incorporate into its     moved to the Office of Land and        program by improving enforce-
                 regulatory program to control         Water Planning within the Envi-        ment, increasing inter-agency co-
                 stormwater and nonpoint source        ronmental Regulation Element.          operation with local governments,
                 pollution, and evaluate the suit-     The reorganization sought func-        and simplifying state environmen-
                 ability of land development re-       tional chang. The Land Use Regu-       tal laws and regulations.
                 lated management measures for         latory Program now handles all
                 coastal water resources. Recom-       state permits, and the Enforcement
                 mendations from these studies will    Element conducts all enforcement
                 become part of New Jersey's ef-       activities.
                 forts to develop their section 6217                                            Did you know?
                 Coastal Nonpoint Pollution Con-              OCRM approved a num-            01     Nearly 40 percent of New
                 trol Program, a statewide nonpoint    ber of minor changes and incorpo-      Jersey ocean waters have fishery
                 source pollution                      rated them into the NJCMP` as          limitations of some sort imposed
                                                       routine program implementations        as the result of water quality
                        State Plan Consistency: In     during the reporting period.           problems.
                 June 1992, New Jersey adopted         Among them were changes to rules
                 the State Development and Rede-       on coastal resources and develop-              28 percent of New Jersey
                 velopment Plan (SDRP)- a state-       ment (N.J.A.C. 7:7E - 1. 1 et seq.)    shellfish program acreage is con-
                 wide master plan that will channel    and changes to the rules governing     demned for shellfishing due to
                 development to preserve impor-        the Hackensack Meadowlands De-         either high levels of bacteria or
                 tant natural resources and mini-      velopment District. NOAA and the       the presence of other pollutants.
                 mize the adverse impacts of devel-    NJCMP are also discussing !he           0'     The     New        Jersey
                 opment pressures. New Jersey's        possibility of incorportating revi-    Pinelands, a 1.1-million-acre re-
                 coastal program worked closely        sions to New Jersey's outer conti-     serve, is composed of contigu-
                 with local governments and other      nental shelf coastal policies into     ous forest, wetlands, agriculture,
                 state agencies to compare local,      the coastal program.                   and controlled development.
                 regional and state agency plans                                              The area is known for unique
                 affecting the coastal area, and de-            SUMMARYOF                     natural and physical character-
                 velop the coordinated state plan         EVALUATION FINDINGS                 istics and extensive, high qual-
                 for New Jersey's coastal area. The                                           ity water resources. The
                 State Development and Redevel-                The final evaluation find-     Pinelands was designated an In-
                 opment Plan designates New ings for the period August I                      ternational Biosphere Reserve by
                 Jersey's coastal area as an Area of through August 1991, issued Feb.         the United Nations.
                                                                       149












                                019
                            OC,





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          TT@Htudson River NERR
                                   151




          New York Coastal Management Program





                      ew York's coast is the       ary, state consistency require-         report entitled "Now andfor the
          fourth longest in the nation, total-     ments, and coordination process         Future: A Vision for New York's
          ing 3,200 miles. Over 12.6 million       gives New York's 250 coastal lo-        Coast, " the Governor's Task Force
          people, or 72 percent of New             cal governments the option to es-       on Coastal Resources recom-
          York's population lives and works        tablish Local Waterfront Revital-       mended revising New York's
          in the cities and towns along coastal    ization Programs (LWRPs) which          Coastal Management Program to
          waters, creating a strong need for       address local needs and objectives      reflect demographic, environmen-
          effective management of the state's      in accordance with NYSCMP poli-         tal and economic trends, local pri-
          coastal resources. To manage this        cies. Over 100 local governments        orities, and the need for conserva-
          coastal area, New York state iden-       are now participating in the LWRP       tion and development in each
          tified five distinct coastal regions:    process. New York coordinates           coastal region. In response to the
          Great Lakes, St. Lawrence River,         state agency actions with the           report, the NYSCMP developed
          Hudson River estuary, New York           coastal program through the             the first regional coastal manage-
          City (with an approved Waterfront        WRCRA and SEQRA. The                    ment program for Long Island
          Revitalization Program), and Long        Coastal Erosion Hazards Area Act        Sound (LISCMP). The RCMP pro-
          Island. The state's coastal bound-       grants authority for the state to set   poses policies and standards which
          ary is generally 1,000 feet from the     uniform setback requirements in         address the unique needs and pri-
          shoreline, but includes areas of         coastal high hazard areas.              orities in Long Island Sound, and
          particular concern which extend                                                  identifies outstanding coastal natu-
          the boundary up to 10,000 feet in        The New York coastalprogram             ral resource areas and areas for
          some places.                                 earnedfederal approval              concentrated development. The
                                                          in September 1982.               program will assist state, federal
                  The Department of State                                                  and local governments in setting
          (DOS), through its Division of                      PROGRAM                      priorities for public investment on
          Coastal Resource's and Waterfront             ACCOMPLISHMENTS                    a regional basis. New York's De-
          Revitalization, administers the                                                  partment of State (DOS) antici-
          New York Coastal Management                      Regionalizing the Coastal       pates submitting the LISCMP to
          Program (NYSCMP) and coordi- Management Program: In a 1991                       OCRM in early 1994 to incorpo-
          nates state activities and pro-
          grams essential to the
                                                                     .... .. .. . .
          NYSCMP's implementation.
          The NYSCMP was established
          pursuant to the Waterfront Re-
          vitalization and Coastal Re-
          sources Act (WRCRA) and is
          supported by a number of other
          state laws, the State Environ-
          mental Quality Review Act
          (SEQRA), the Coastal Erosion
          Hazards Areas Act, and the
          Freshwater and Tidal Wetlands
          Acts.


                  The NYSCMP, with its
          N


















































          coastal policies, coastal bound-

                                                                   152




                                                                             New York Coastal Management Program





                rate it into the NYSCMP. DOS
                plans to begin preparing the
                next regional coastal manage-
                mentprogram in January 1994
                for the Long Island Sound
                South Shore Estuary, as man-
                dated by the New York State
                Legislature in 1993.

                        Coastal Hazards: Fol-
                lowing the December 1992
                nor'easter which caused over
                $250 million in property dam-
                age along the Long Island,
                Westchester and New York
                                                                      mgpo",kia
                City shoreline, New York's
                Governor established a Coastal
                Erosion Task Force to develop
                short-term and long-term recom-         vide immediate engineering re-          accessibility of the waterfront. To
                mendations and action plans for         sponses to overwash and inlet           implement the plan, the City, in
                addressing continuing flood and         breaching. The report's second          conjunction with DOS staff, ex-
                erosion damage. "Emergency Re-          volume, which addresses the need        tensively revised its zoning regu-
                sponse to Coastal Storms, Vol. I of     and strategyoptions foraproactive       lations. The revisions introduce
                the Final Report, " submitted to        approach to long-term manage-           mandatory public access and open
                the Governor on Sept. 1, 1993,          ment of coastal hazards, is being       space on the shoreline, and require
                makes recommendations for ad-           finalized. Both reports direct the      public access and visual connec-
                                                        NYSCMP's coastal hazard activi-         tions to the waterfront. Design stan-
                   Federalfunding provided              ties over the next several years.       dards will reduce the height and
                      $2,554,600 in FY92                                                        bulk of structures on the water-
                  for program operation and                     PublicAccess: Completion        front. The zoning changes will also
                      $2,547,680 in FY93.               of the New York City Compre-            ensure opportunities to site water
                                                        hensive Waterfront Plan will lead       dependent uses. New York City
                                                        to substantial increases in public      enacted these changes in late 1993.
                dressing short-term impacts of se-      access along New York City's
                vere coastal storms. The report         shorefront. The plan proposes new               Coastal Habitat Protec-
                recommends, among other strate-         links to reconnect neighborhoods        tion: One of New York Coastal
                gies, creating a Critical Erosion       with the waterfront, and recom-         Management Program's stated
                Response Team which would re-           mends more than 100 new or im-          policies requires that, "significant
                port to the scene of critical erosion   proved public spaces and 40 sites       coastal fish and wildlife habitats
                immediately after major storm           where public access would be a          will be protected, preserved
                events and evaluate the erosion         mandatory component of new de-          and ... restored so as to maintain
                sites to determine the necessary        velopment. The plan also recom-         their viability as habitats." In Au-
                mitigation measures. The Re-            mends that the City rezone over         gust 1992, the Department of State
                sponse Team would also stockpile        500 acres of land, with careful         designated 14,790 acres of signifi-
                materials, enabling the state to pro-   guidelines to protect the scale and     cant coastal fish and wildlife habi-
                                                                         153                    tats in the New York City coastal





          New York Coastal Management Program












          Scenefrom
          Hudson River


                                                                                         P,_ "M
                                                                                               "A,
                                                                                       INV

                                                                       A iw


                                                                              Z


                                                                                                                            U





          area. As a major resource protec-              New York designated sce-       New York is     adhering to its ap-
          tion step in one of the most urban-    nic areas of statewide significance    proved coastal management pro-
          ized coastal areas in the world,       in Albany, Rensselaer, Greene,         gram. Cited as major accomplish-
          these designations are unique. The     Ulster, Dutchess, Orange, Putnam,      ments, the NYCMP created the
          designations protect the least tern,   Rockland and Westchester coun-         Governor's Task Force on Coastal
          piping plover, diamondback terra-      ties, and submitted those designa-     Resources in 1989, provided sub-
          pin, upland sandpiper, striped bass,   tions for incorporation into the       stantial technical assistance to lo-
          shortnose sturgeon and snowy           NYCMP as a program change.             cal governments in developing
          egrets, among other species.                                                  Local Waterfront Revitalization
                                                         The state also designated      Programs, and aggressively used
                    SIGNIFICANT                  significant coastal fish and wild-     Federal and state consistency as a
               PROGRAM CHANGES                   life habitats along New York City's    tool to preserve and protect the
                                                 shoreline and incorporated those       state's coastal resources. As areas
                  OCRM approved several          habitats into the coastal manage-      for improvement, the findings rec-
          of New York's Local Waterfront         ment program. Those habitats fall      ommended that the NYCMP de-
          Revitalization Programs as rou-        within Richmond, Kings, Queens,        velop a comprehensive public ac-
          tine program implementation            Bronx and New York counties.           cess plan, establish Special Area
          changes during the reporting pe-                                              Management Plans for critical ar-
          riod. Revitalization programs were              SUMMARYOF                     eas, and provide greater incen-
          approved for the Villages of              EVALUATION FINDINGS                 tives to local governments for par-
          Ossining, Piermont, Croton-on-                                                ticipation in the Local Waterfront
          Hudson, Port Chester, and Nyack;               Final evaluation findings      Revitalization Program. The next
          the Towns of Penfield and Hamlin;      for the period July 1987 through       evaluation of New York's Coastal
          and the Cities of Albany, Beacon       November 1990, were issued Oc-         Management research needs.
          and Kingston.                          tober 11, 199 1, and concluded that
                                                                 154





                                                                     Hudson River National Estuarine Research Reserve






                         he Hudson River Reserve           100) is a large complex of fresh-                     PROGRAM
                 includes four natural areas that          water tidal marshes, swamps, and               ACCOMPLISHMENTS
                 span 100 miles of the tidal               vegetated shallows that occupy two
                 Hudson's 152-mile length, repre-          large coves bordered by mixed de-                 Staffing: Three permanent
                 senting the estuary's wide range          ciduous forests on islands and up-        reserve staff positions were cre-
                 of salinity conditions and habitats.      lands. Stockport Flats (RM 125) is        ated during the biennium, two of
                 Tidal freshwater wetlands are the         a mosaic of mudflats, subtidal shal-      which are state-funded. Previously
                 reserve's most unusual habitat.           lows, emergent freshwater tidal           the reserve was operated by two
                 Emergent marshes and submerged            marshes, and vegetated dredge             federally-funded staff on a con-
                 shallows fuel both the detrital and       spoil islands. The reserve's shal-        tractual basis.
                 phytoplankton food chains, and            lows also serve as spawning and
                 provide habitat for fish, turtles,        nursery grounds for many species                  Management Plan: The
                 crustaceans, waterfowl, and wad-          of fish.                                  Hudson River reserve's Final
                 ing birds. Piermont Marsh, a brack-                                                 Management Plan was completed
                 ish tidal wetland bordered by shal-               The New York Department           in January, 1993. This plan stipu-
                 lows, is located on the west shore        of Environmental Conservation             lates that the reserve develop four
                 of the Tappan Zee, 25 river miles         manages the reserve in coopera-
                 north of Manhattan (RM 25). Iona          tion with four state and interstate         The reserve operated using
                 Island, located at the southern gate      agencies that own or regulate              $110,000 in federal funds in
                 to the Hudson Highlands at RM             Hudson River Reserve land. Rep-                both FY92 and FY93.
                 43, is comprised of rocky, forested       resentatives of these agencies and
                 uplands surrounding tidal marshes         NOAA comprise the reserve's
                 that vary in salinity from fresh to       Steering Committee.                       individual site management plans
                 brackish.  The Tivoli Bays (RM                                                      (SMPs) to provide more detail
                                                                                                                        about public ac-
                                                                                                                        cess and resource
                                                                                                        gz "ap,@
                                                                                                                        management ini-
                                                                                                                        tiatives. SMPs
                                                                                                                        were drafted for
                                                                                                                        Stockport Flats
                                                                              _V
                                                                                                                        and the Tivoli
                                                                                                                        Bays.


                                                                                                                                Facilities:
                                                                                                                        Renovation of a
                                                                                                                        nineteenth cen-
                                                                                                                        tury dwelling at
                                                                                                                        the Nutten Hook
                                                                                                                        portion          of
                                                                                                                        Stockport Flats
                                                                                                                        was completed in
                                                                                                                        February, 1993.
                                                                                                                        Using Federal
                                           77                                                                           and private de-
                                                                                                                        velopmentfunds,

                                                                            155





          Hudson River National Estuarine Research Reserve





          toric structures, and natural fea-      movement and distribution pat-                  Under the Tibor T. Polgar
          tures. A caretaker was hired to         terns and sediment pollution lev-       Fellowship Program, the reserve
          maintain buildings and traits with      els. Researchers use radionuclide       sponsored 16 research projects on
          assistance from volunteers. Iden-       dating techniques on core samples       many aspects of estuarine ecol-
          tifying ways to increase handicap       to estimate historic and recent sedi-   ogy, including physical, biologi-
          accessibility to the site became a      mentation rates and patterns.           cal and chemical characterizations,
          focus for reserve staff.                Analyses of dioxins, furans, heavy      studies of ecosystem processes,
                                                  metals, and PCBs will be per-           exotic species control, nonpoint
                   RESEARCH AND                   formed.                                 source pollution, and exchanges
            MONITORING PROGRAMS                                                           between tidal wetlands and the
                                                          Large-scale vegetation          main stem of the Hudson River.
                   The reserve's four sites       maps (1"=200") were completed
          represent many of the natural ar-       for tidal wetlands within     the re-          EDUCATIONAND
          eas and the broad range of                                                            0 UTREA CH PROGRAMS
          salinities found in the estu-
                                                                                        )101,
                                                                                        P
          ary, as well as the wide varia-                                                         Hudson River Reserve
          tion in the density of develop-                                                      hosted the annual National Es-
          ment surrounding the estu-                                            J@             tuarine Research Reserve Sys-
          ary. The site provides many                                                          tem Workshop in 199 1, which
          excellent opportunities for re-                                                      featured working sessions on
          search related to coastal man-                                                       key research, monitoring, edu-
          agement issues.                                                                      cation, resource management
                                                                                               and administrative topics for
                   Monthly water sam-                                                          75 state and Federal staff
          pling of tributary and tidal                                                         within the NERR System.
          waters, which began as the
          first phase of the reserve's                                                            Together, the Hudson
          water quality monitoring pro-                                                        River and Old Woman Creek
          gram, was expanded to in-                                                            NERRs developed a pilot
          clude storm events. Sampling                                                         project identifying innovative
          sites were established in wa-
                                                                                               educational uses of remote
          tersheds of the Tivoli Bays                                                          sensing techniques, with the
          using a geographic informa-                17                                        assistance of the Cornell Labo-
          tion system developed at Yale                                                        ratory for Environmental Ap-
          University. Water sampling                                                           plications of Remote Sensing.
          will continue to monitor trends in      serve. These maps help detect past      Case studies linking land use and
          water quality and to track impacts      and future changes in plant com-        stream water quality will be pre-
          of watershed development and            munities, impacts of sediment ac-       sented at a professional develop-
          nonpoint source pollution.              cumulation, and erosion at the re-      ment workshop for NERRS edu-
                                                  serve sites. Vegetation maps also       cators in November, 1993.
                   A new NOAA-funded              enable researchers to accurately
          study, in collaboration with the        indentify field sites suited to their           The reserve conducted
          Rensselaer Polytechnic Institute        specific research needs.                nearly 100 tidal wetland programs
          and the Environmental Protection                                                for the general public and elemen-
          Agency, is focusing on sediment                                                 tary, secondary and high school

                                                                   156





                                                                 Hudson River National Estuarine Research Reserve



























                                                           tv,


                students at the four reserve sites.    staff completed     a program bro-      quisition in the Stockport Flats/
                Hudson River staff also presented      chure in November, 1992.                Nutten Hook andTivoliBays com-
                demonstrations and activities, ca-                                             ponents and effective on- and off-
                reer days, seminars, and lectures                SUMMARYOF                     site education programs. The re-
                illustrating estuarine processes on        EVALUATION FINDINGS                 serve has also begun to lay the
                a wide variety of topics affecting                                             foundation for a solid research and
                the Hudson River.                               A program evaluation       of  monitoring program. The reserve
                                                       the Hudson River NERR was con-          enjoys strong public support and
                        The reserve received three     ducted in May 1992. Final evalua-       awareness.
                private grants to develop a com-       tion findings documented program
                prehensive teacher training pro-       accomplishments including the                    Recommendations for im-
                gram. A variety of professional        classification ofthree full-time pro-   provement targeted the following:
                development workshops have al-                                                 compliance with the schedule
                ready been offered, some in coop-             Designated in 1982,              listed in Hudson River NERR's
                eration with the Bank Street Col-          the reserve now protects            Final Management Plan for com-
                lege of Education and a regional                   4,800 acres                 pleting all four Site Management
                consortium of environmental edu-                 95% complete -                Plans by January 1995; continued
                cation providers in the mid-Hudson              in the Virginian               efforts in providing handicapped
                Valley. Supplementary informa-               biogeographic region.             access to programs and facilities;
                tion and educational materials have                                            work with OCRM to develop a
                been developed for participating                                               plan for a comprehensive site pro-
                teachers.                              fessional staff members within the      file of the Hudson River reserve's
                                                       New York State Civil Service sys-       four components; and improved
                        The reserve produced and       tem, a state-funded research            management of financial assis-
                distributed a poster celebrating       coordinator's position (and since       tance awards through more timely
                1993 National Estuaries Day ac-        the evaluation, state-funded Re-        completion of projects and sub-
                tivities in the Hudson River. The      serve Manager position), land ac-       mission of performance reports.

                                                                        157














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                                                    North Carolina NERR









                                                          159





           North Carolina Coastal Management Program





                     orth Carolina's Coastal       sensitive resource areas. In the        tie into the development of North
           Management Program (NCCMP)              plan, wetlands will be categorized      Carolina's nonpoint source pollu-
           is based primarily on the state         and prioritized by ecological sig-      tion program which will address
           Coastal Area Management Act             nificance which will help the state     water quality issues through a wa-
           (CAMA). The lead agency forpro-         identify primary wetland restora-       tershed-basin planning approach.
           gram funding and adminstration          tion and creation sites. The plan
           is the Division of Coastal Man-         will also establish a monitoring                 Natural Resource Protec-
           agement (DCM), within the De-           program to assess trends in wet-        tion: North Carolina is complet-
           partment of Environment, Health         lands loss, restoration and creation,   ing its acquisition of almost 800
           and Natural Resources, while a          and the effectiveness of the state's    acres of the Buxton Woods mari-
           Govemor-appointed Coastal Re-           wetlands regulatory program. The        time forest which will be preserved
           sources Commission adopts rules         information will also provide a         as part of the North Carolina
           and policies for the program. The       basis for improving wetland poli-       Coastal Reserve. Both federal and
           inland boundary of North                cies in local land use plans.           state funds were used to acquire
           Carolina's 20 counties form the                                                    this unique natural area. Buxton
           program's coastal zone bound-                                                      Woods is the largest maritime
           ary. Within the coastal counties,                                                  forest on North Carolina's coast.
           areas of environmental con-                                                        It also harbors the greatest con-
           cem-tidelands, beaches, dunes,                                                     centration of mammals and rar
           and coastal waters - have been                                                     e plant species on the Outer
           designated and are managed by                                                      Banks of North Carolina.
           DCM through direct permitting
           authority. Outside of the critical                                                       Hazards Protection: The
           areas, all state and federal agency                                                state continues to implement its
           actions are reviewed for their                  Cumulative and Secondary           oceanfront management pro-
           consistency with the goals and          Impacts: North Carolina's coastal       gram which mandates setbacks for
           policies of the NCCMP. Further,         resources face threats from the ef-     construction along the oceanfront
           the coastal counties are required,      fects of increased population and
           through CAMA, to develop land           development in the coastal zone.           Did you know?
           use plans which are used to guide       Over the past two years, the state
           growth and to make permit and           has used the Enhancement Grants          100-    North Carolina has 300
           consistency decisions throughout                                                miles of coastline. There are more
           the state's coastal zone.               Program to address the cumula-          than 4,000 miles of shoreline in-
                                                   tive impacts of growth in the           cluding estuaries, rivers, and bays.
                      PROGRAM                      coastal zone by undertaking sev-
               ACCOMPLISHMENTS                     eral initiatives. North Carolina will            12% of land in the coastal
                                                   use a geographic information sys-       area is preserved in federal parks
                   Wetlands Protection:            tem to compile information on           and wildlife areas. The 12% com-
                                                   population, coastal resources, and      prises 721,000 acres out of a total
           North Carolina continues as a           development on a watershed basis        of 6,000,000 acres of land area in
           leader in protecting wetland re-        to track development pressureson        the state's 20-county coastal zone.
           sources in the coastal zone. Under
           the CZMA section 309 Enhance-           sensitive resources. The informa-        No'     The Albemarle/ Pamlico
           ment Grants Program, the state is       tion system will enable the state to    Sound Estuary system is the
                                                   identify and designate critical ar-     nation's second largest estuarine
           N

















































           developing a Wetlands Conserva-
           tion Plan that will provide crucial     eas where cumulative impacts are        system, behind the Chesapeake
           data for the management of these        most significant. These initiatives     Bay.
                                                                   160





                                                                       North Carolina Coastal Management Program



                 shoreline, and prohibits the use of     its own coastal management pro-          The state received $1,508,000
                 erosion control structures such as      gram protection standards.               in federally fu nding for FY91 -
                 jetties and revetments. The effec-                                                92, $1,891, 000 for FY92-93,
                 tiveness of these oceanfront man-                 SIGNIFICANT                    and $1,914,600for FY93-94.
                 agement regulations were twice               PROGRAM CHANGES
                 put to the ultimate test during the                                            sources Commission meetings,
                 biennium; first, in October 1991,               OCRM approved several          and improving communication and
                 by a major Nor'easter storm-the         rule changes that North Carolina       coordination between the Division
                 "Halloween Storm," and second,          submitted for incorporation into       of Coastal Management and the
                 in August 1993, by Hurricane            its coastal management program.        Albemarle/Pamlico Estuary Study.
                 Emily. The state believes that the      The most significant of these
                 hazards program, and setback pro-       changes is a rule that addresses                  Governor
                 visions and construction standards      special needs for shoreline stabili-
                 in particular, played a large part in   zation along the barTier islands.        designates 1994 as
                 preventing storm damage to North        The rule allows the use of erosion       it Year of the Coast"
                 Carolina's coast.                       control structures to protect his-
                                                         toric sites of national significance            Governor James B. Hunt,
                      NOAA approved North                and regionally significant commer-     Jr-, has issued an Executive Order
                   Carolina's coastal program            cial navigation channels. The pro-     that declares 1994 "The Year of
                        in September 1978.               gram change provided a narrow          the Coast" in North Carolina.
                                                         exception to the state's existing               The Executive Order es-
                         Ocean Resource Planning:        policy that prohibited erosion con-    tablished a governor-appointed
                 North Carolina began developing         trol structures on the oceanfront.     Coastal Futures Committee made
                 an Ocean Resources Management                                                  up of 15 local representatives in-
                 Plan that will be used to develop                SUMMARYOF                     terested in the future of  'the North
                 new state policies directed at ocean       EVALUATION FINDINGS                 Carolina coastal program.
                 resources and their use. The state
                 formed an Ocean Resources Task                  Final evaluation findings               The committee will meet
                 Force comprised of state, federal,      issued Nov. 1, 199 1, found that the   monthly in 1994 to review the ef-
                 and local representatives, scien-       state is adhering to the require-      fectiveness of the first 20 years of
                 tists, and user groups to focus on      ments of the NCCMP. The evalu-         implementation of the North
                 the issues and identify policy          ation noted several program ac-        Carolina's Coastal Management
                 needs.                                  complishments which include im-        Program.
                                                         provements to the state's federal               The committee will ulti-
                         Federal Consistency:            consistency computer tracking          mately present its recommenda-
                 North  Carolina continues to ag-        system, providing public access,       tions at a conference in which lead-
                 gressively use the federal consis-      continued acquisition of Buxton        ers in coastal management from
                 tency review process. The state         Woods, and expanded resource           several states will convene.
                 has increased its coordination with     protection to include inland pri-
                 the U.S. Army Corps of Engineers        mary nursery areas. Areas identi-               State agencies and envi-
                 (Corps) district office in              fied for improvement include com-      ronmental organizations, includ-
                 Wilmington to review Corps na-          munication among the Division's        ing the North Carolina National
                 tionwide permits. This coordina-        district offices, more training for    Estuarine Research Reserve, are
                                                                                                planning an array of activities to
                 tion allows the state to review the     local permit officers, providing full  heighten awareness and appre-
                 Corps permits for consistency with      public participation at Coastal Re-    ciation for coastal issues.

                                                                         161





         North Carolina National Estuarine Research Reserve





                  our components along            Several species found in the re-                    PROGRAM
         North Carolina's coast make up           serve, including the nesting log-            ACCOMPLISHMENTS
         the North Carolina National Es-          gerhead and green sea turtles and
         tuarine Research Reserve: Zeke's         seabeach amaranth, listed as threat-            During the past two years
         Island, 1,165 acres in Brunswick         ened under the Federal Endangered       North Carolina NERR's 3-person
         and New Hanover counties;                Species Act.                            staff firmly established themselves
         Masonboro Island, 4,974 acres in                                                 in their positions located in
         New Hanover County; Rachel                       North Carolina's Depart-        Wilmington and Beaufort. Pro-
         Carson, 2,625 acres in Carteret          ment of Environment, Health and         gram staff combined NOAA funds
         County, and Currituck Banks, 960         Natural Resources, which man-           with generous assistance from
         acres in Currituck County.               ages the sites, worked with NOAA        Cape Fear Community College and
         Currituck Banks is the only site         to revise the reserve's manage-         the University of North Carolina
         representing the Virginian biogeo-       ment plan in 1990. The plan in-         at Wilmington (UNCW) to con-
         graphic region; the other three sites    cludes policies for research, edu-      struct a 2,000-square-foot research
         represent the Carolinian region.         cation and compatible recreational      and educational facility. The build-
         The four sites depict an array of        uses. Feral horse populations on        ing was completed in 1992 and
         habitats and communities with            Rachel Carson and Currituck             moved to UNCW property on the
         ocean beaches; dunes; grassy flats;      Banks, off-road- vehicles on            mainland near Masonboro Island.
         maritime shrub thickets and for-         Currituck Banks and Zeke's Is-          The reserve's research specialist
         ests; intertidal ponds; salt, brack-     land, and dredge material deposi-       has an office in this facility; the
         ish and freshwater marshes; inter-       tion on Rachel Carson and               reserve coordinator works out of
         tidal mud and sand flats; oyster         Masonboro Islands were also ad-         the UNCW Center for Marine Sci-
         bars; submerged aquatic plant            dressed in the plan as management       ence Research; whereas the edu-
         beds, and subtidal communities.          issues.                                 cation specialist occupies a leased
                                                                                          office within the North Carolina
                                                                                          Maritime Museum in Beaufort.


                                                                                                  During the biennium, the
                                                                                          state acquired another four per-
                                                                                          cent of Masonboro Island to bring
                                                                                          the reserve's acquistion status to
                                                                                          99 percent complete. North Caro-


                                                                                          The res rve relied on $129,000
                                                                                             in federa I funding in FY92
                                                                                               and $109,000 in FY93.


                                                                                          lina now owns over 85 percent of
                                                                                          the island. The Society for
                                                                                          Masonboro Island, a local non-
                                                                                          profit organization, helped the
                                                                                          State Property Office acquire the
         F
















































                                                                                          additional land by contacting and
                                                                                          negotiating with owners of remain-
                                                                  162                     ing tracts.





                                                                 North Carolina National Estuarine Research Reserve





                          RESEARCHAND                    namics in the Zeke's Island Re-          ten by Dr. Gail Jones of the Uni-
                   MONITORING PROGRAMS                   serve; Kathy Reinsel's (Duke Uni-        versity of North Carolina at Chapel
                                                         versity) Biology of Fiddler Crabs        Hill, Project Estuary for middle
                          The third year of a phased     at the Rachel Carson Estuarine           school and Sound Ideas for el-
                 monitoring program began at             Reserve Component, and Bob
                 Masonboro Island and Zeke's Is-         Miltner's (UNCW) Fish feeding             The reserve was designated
                 land. Biological, physical and          habits in the Masonboro Island             in two parts, first in 1985
                 chemical data acquired through          Estuary.                                    and second in 1991, and
                 monitoring will be used to de-                                                   in two biogeographic regions:
                 velop site profiles. This project               EDUCATIONAND                       Virginian and Carolinian
                 received tremendous assistance              0 UTREA CH PROGRAMS
                 from a University of North Caro-
                 lina at Wilmington graduate stu-                The reserve's education          ementary level students. Activi-
                 dent and three summer interns.          specialist developed a number of         ties also included litter pickups
                                                         educational activities for school        and an estuarine art contest.
                          Each year several research     groups and the public. Over 8,000
                 proposals were submitted for fund-      people participated in field trips,               SUMMARYOF
                 ing consideration. In all, two          outreach programs and other re-             EVALUATION FINDNGS
                 projects were accepted for federal      serve activities during the     bien-
                 funding: Dr. Charles Peterson's         nium. A monthly       lecture   series          A section 312 program
                 (University of North Carolina)                                                   evaluation was conducted in May
                                                                                                  1993. Final evaluation findings
                 study of Relative habitat value of
                 two seagrass species: Implica-                            %
                                                                                                  documented program accom-

                                         9
                 tionsforglobalwarmin atRachel                             44                     plishments, including the addi
                 Carson and Dr. Richard Wetzel
                                                                                                  tion of two state-supported, full-
                                                                                          I       time staff members, continued
                 (Virginia Institute of Marine Sci
                 ence) and Dr. Robert Christian's                                                 land acquisition, designation of
                 (East Carolina University) study                                                 the Masonboro Island component
                                                                                                  and location of reserve staff to the
                                                                                                  coast. Due to increased staff vis-
                   At 9,724 acres, the reserve                                                    ibility, the reserve enjoyed a
                        has reached a 99%                                                         growth in public support and
                                                                              @4_
                 complete acquisition status.
                                                                                                  awareness. Recommendations for
                                                                                                  improvement included: securing
                                                                                                  state funding for an education co-
                 of Sediment-water nutrient ex-                                                   ordinator; adding a position for
                 change in estuarine sediments of                                              A  Currituck Banks, the most north-
                 different trophic status on                                                      ern component; strengthening
                                                                                                  educational and interpretive pro-
                 Currituck Banks and Masonboro
                 Island.                                                                          grams at all four components; and
                                                         was presented at the North Caro-         developing a strategy and timeline
                          Other studies conducted at     lina Maritime Museum. The re-            for completing a North Carolina
                 the reserve received funding from       serve hosted four teacher work-          National Estuarine Research Re-
                 non-federal sources, such as Ken        shops to train instructors in using      serve site profile.
                 Swain's (UNCW) Sediment dy-             estuarine curriculum guides writ-

                                                                         163















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          Northern Marianas Coastal Resources Management Program





                  he entire land area of the       agencies make permit decisions.         lication of the Shoreline Access
          14 Northern Mariana Islands and          Those agencies are: the Depart-         Guide to Saipan.
          surrounding territorial waters           ments of Natural Resources, Pub-
          makes up the Commonwealth's              lic Works, and Commerce and La-                 Brown Tree Snake Preven-
          coastal zone. Regulations govern-        bor, the Division of Environmen-        tion Program: The Common-
          ing the Northern Mariana Islands         tal Quality, the Historic Preserva-     wealth of the Northern Mariana
          Coastal Resources Management             tion Office, and the Common-            Islands, like many other Pacific
          Program set up a two-tiered per-         wealth Utilities Corporation.           Islands, faces a continuing threat
          mit program, which distinguishes                                                 of ecological invasion from the
          between the most sensitive of the                                                brown tree snake. Once estab-
          islands resource areas and less sen-      The program receivedfederal            lished, the snakes can cause ir-
          sitive areas. Activities occurring        approval in September 1980.            reparable harm to native popula-
          within the four areas of particular                                              tions of birds and small mammals,
          concern (APCs) - shoreline, la-                                                  many of which are endangered on
          goon and reef, wetlands and man-                     PROGRAM                     CNMI. The Coastal Resources
          grove, and port and industrial -              ACCOMPLISHMENTS                    Management Office has developed
          require a permit. Outside the Ar-                                                an innovative campaign to prevent
          eas of Particular Concern, only                  PublicAccess: To educate        the introduction of these ecologi-
          activities which are deemed to be        residents and visitors on various       cal invaders. Components of the
          6@major sitings" require a permit.       coastal recreational opportunities      program include: a widespread
                                                   found in Saipan, the CRMO used          public education campaign aimed
                  An Executive Order origi-        coastal management funding to           at prevention, eradication and re-
          nally established the Northern           support the development and pub-        porting; close cooperation with
          Mariana        Islands
          Coastal Resources               . I .....
          Management Pro
          gram (CRMP) in
          1980. In 1983, the
          Commonwealth en-
          acted the Coastal Re-
          sources Management
                                     Ilk
          Act to codify the poli-
                                                                         Ip,
          cies and use pniorl-
          ties of the CRMP.
          The Coastal Re-
          sources Management
          Office (CRMO) in
          the Office of the Gov-
          ernor administers the
          Commonwealth's
          coastal program. The
          CRMO and six other
          Commonwealth
          T











                                                                   166




                                                 Northern Marianas Coastal Resources Management Program




                                                                                               NOAA approved changes to the
               construction crews to conduct in-       ment statutes as they relate to         Coastal Resources Management
               spections of incoming heavy             coastal development in the COM-         Program's regulations. The
               equipment; and, coordination            monwealth. To more effectively          changes outline requirements for
               among the other CNMI and Fed-           manage coastal resources located        submitting Major Siting Applica-
               eral agencies having responsibili-      within high-risk, hazard-prone ar-      tions, require erosion control and
               ties for natural resource protection    eas, the study will identify changes    drainage plans, and require that
               throughout the Commonwealth.            that can be made to the statutes'       all documents be submitted to the
                                                       objectives and policies.                program office in english units.
                 The coastalprogram operated                   Zoning Law: In 1992, the                 SUMMARYOF
                        using $529,333 in              commonwealth's legislature                EVALUATION FINDINGS
                  federalfunds during FY92             passed the Saipan Zoning Law.
                     and $587,000 in FY93.             The zoning program now regu-                   The final evaluation find-
                                                       lates shoreline building setbacks       ings, issued in February, 1992,
                                                       and building heights, previously        indicated that the commonwealth
                       Hazard Protection: Using        regulated by the CRMO.                  of the Northern Mariana Islands
               a CZMA section 309 Enhance-                                                     was not fully adhering to its ap-
               ment grant, CNMI has begun to                     SIGNIFICANT                   proved coastal management pro-
               study the objectives and policies            PROGRAM CHANGES                    gram. OCRM indicated a specific
               of its coastal resource manage-                                                 concern that the Commonwealth
                                                               During the biennium,            is not fully implementing and en-
                                                                                               forcing key program components
                                                                                               of its Coastal Permit process. In
                                                                                               addition, NOAA indicated seri-
                                                                                               ous problems with monitoring and
                                                                                               enforcement, appeals, grants man-
                                                                                               agement and Federal consistency
                                                                                               reviews. Mandatory recommen-
                                                                                               dations contained a schedule of
                                                                                               actions that must be implemented
                                                                                               in order to bring the Coastal Re-
                                                                                               sources Management Program
                                                                                               into full adherence with the na-
                                                                                               tional program.The CNMI has ful-
                                                                                               filled the actions set forth in this
                                                                                               schedule.




                                                                                       Previous Page: Bird Island off Saipan
                                                                 17@
                                                                     gk
                                                                                       Left: Preserving cultural heritage is a
                                                                                       component of Northern Marianas
                                                                                       coastal management




                                                                        167











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                                  Old Woman Creek NERR
                                                                                           0


                  7
                                                       169





         Old Woman Creek National Estuarine Research Reserve






                      Id Woman Creek, lo-        ened, endangered, or identified as                PROGRAM
         cated at a drowned stream mouth         species of special concern, includ-         ACCOMPLISHMENTS
         that drains into Lake Erie, is the      ing the American bald eagle, sharp-
         smallest reserve in the National        shinned hawk, eastern fox snake,               Program Coordination:
         Estuarine Research Reserve Sys-         and the spotted turtle. The reserve    Reserve staff worked closely with
         tem, and the system's the only          also functions as an important         the Ohio Department of Natural
         example of a Great Lakes fresh-         nursery and spawning area for          Resources staff in developing
         water estuary. Habitats within the      Lake Erie forage fish.                 Ohio's Coastal Zone Management
         reserve      include       remnant                                             Program, and Sept. 22-23, 1993,
         embayment marshes, mudflats,                    Ohio's Department of           hosted the annual Great Lakes Re-
         swarnp/riverine forests, barrier        Natural Resources, Division of
         beach and oak/hickory upland for-       Natural Areas & Preserves, man-        The reserve received $70,000 in
         ests that surround the estuary's        ages the Old Woman Creek Na-           federalfunding in FY1992 and
         open waters.                            tional Estuarine Research Reserve.        $90,000 in FY 1993, with
                                                 The reserve's management plan,         another $15,749 in FY 1993 for
                 Hundreds of species of al-      approved in 1983, is now being               aerial photography.
         gae, vascular plants, invertebrates,    revised and managers, in revising
         mammals, fishes, and birds dwell        the plan, may incorporate two sat-     gional meeting of NOAA's coastal
         in the reserve's many habitats.         ellite estuarine wetlands into         zone management state program
         Several of these species are threat-    Ohio's reserve program.                managers from Indiana, Michi-
                                                                                        gan, Pennsylvania and Ohio.














                                                                                                          .4













                                                                                                                 VW


                                    V"K ''49  wft@
                                                                                                            LW
                                                                 170





                                                               Old Woman Creek National Estuarine Research Reserve






                           RESEARCHAND                       OEPA biologists will continue to                   ED UCA TION AND
                     MONITORING PROGRAMS                     collect samples of fish and insects            0 UTREA CH PROGRAMS
                                                             over the next three years.
                           Thirteen research projects                                                            During the past two years,
                  and four ecological monitoring                      In June 1992, Pennsylva-          the reserve staff have undertaken a
                  projects have been initiated during        nia State University began moni-           broad array of education and out-
                  this biennium. Among the topics            toring the baseline characteristics        reach programs, reaching practic-
                  were: development of protein               of benthic organic matter and sur-         ing wetland scientists and coastal
                  biomarkers and assessment of tu-           face-associated microbial commu-           management professionals as well
                  mor frequency in wild fish popu-           nities at Old Woman Creek. This            as high school and college stu-
                  lations; wetlands sedimentation;           crucial study will provide the             dents. The reserve's programs also
                  ability of wetlands to reduce pol-         baseline information needed to             focused on both local cultural re-
                  lutants; ecology of algae in four          make future management decisions           sources and state-wide natural re-
                  Lake Erie estuaries; effect of ze-         about living resources at the re-          source initiatives.
                  bra mussels on the consumption of          serve. In the summer of 1993 re-
                  zooplankton by selected fish spe-          serve staff embarked on the next                    In the fall of 1992, Old
                  cies; and nitrogen dynamics in the         stage of monitoring toward devel-          Woman Creek staff began work-
                  sediments of the estuary.                  oping a site profile for the reserve.      ing with Cornell University's
                                                             When complete, this project will           Laboratory for Environmental Ap-
                           The Old Woman Creek wa-           be used to formulate and imple-            plications of Remote Sensing
                  tershed was chosen by the Agri-            ment an expanded reserve moni-             (CLEARS) on a two-year project
                  cultural Stabilization and Conser-         toring plan.                               called "Development of Aerial
                  vation Service (ASCS), Ohio De-                                                       Photography, Mapping Skills and
                  partment of Natural Resources, and                 :_@@ . . . . . . . . .             Tools to Enhance NERRS Educa-
                  the Erie County Agricultural Ex-                                                      tion Programs." The National
                  tension Service as a demonstra-
                                                                                                        Aeronautics           and        Space
                  tion site for studying the effect of                                                  Administration's Lewis Research
                  selected a ricultural management                                                      Center aided in conducting aerial
                              9
                  practices, with the goal of improv-                                                   photography of both the Old
                  ing water quality within the water-
                                                                                                        Woman Creek and Hudson River
                  shed. The reserve monitoring pro-
                  gram is involved with sampling
                  and testing for this project.                                                                                *4`14
                                                                                      4E
                                                                                      "E
                                                                                      "E
                                                                                      "E
                                                                                      "E
                    The Old Woman Creek estuary
                      represents the Lower Great
                     Lakes biogeographic region


                                                                                                             0
                           Throughout the summer
                                                                                                                             . . . . . . . . . .
                  and early fall of 1993, the Ohio                                 %
                  Environmental Protection Agency
                                                                               J"
                  used the Old Woman Creek estu-
                  ary as a collection site for its long-
                  term Lake Erie water quality study.

                                                                               171





         Old Woman Creek National Estuarine Research Reserve






         (New York) NERRs. This is one          attended. The reserve hosted a field   vival. A color poster and interpre-
         of the first education projects        trip in conjunction with this con-     tive brochure were also produced
         funded entirely by NOAA that           ference.                               by this project.
         supports education/interpretive
         projects benefiting the entire                  In 1992, reserve staff                Reserve staff and visiting
         NERR system. This project trains       taught two "Development and the        college faculties organized and
         other reserve education coordina-      Environment" workshops for 50          taught a 2-credit hour course en-
         tors in remote sensing techniques,     regional realtors.                     titled, "Wetlands Ecology of Lake
         so that the coordinators may study                                            Erie" for twenty students from
         land use changes and the effects                In both 1992 and 1993, the    Bowling Green State University.
         of such changes on estuarine eco-      reserve hosted Ohio's "Coast
         systems; to promote the use of         Weeks" kickoff ceremonies and                  Recently, regional educa-
         aerial photos and maps in reserve      "National Estuaries Day" activi-       tors have initiated "Project
         education programs for teachers        ties. Over 100 interested citizens     Oceanus" for gifted high school
         and resource managers; and to          and local, state, and regional         students from Hancock County,
         enhance the ability of reserve edu-    coastal decisionmakers took part       Ohio. This project will allow stu-
         cators to provide technical assis-     in these events each year.             dents to conduct comparative eco-
         tance to coastal managers.                                                    system studies between the Old
                                                         During this biennium, re-     Woman Creek NERR, Rookery
                 The reserve was invited        serve staff completed a new ar-        Bay NERR, and the Florida Keys
         as an exhibitor at the 4th Intema-     cheology exhibit depicting the         National Marine Sanctuary.
         tional Wetlands Conference             chronology of American Indian
         (INTECOL) at Ohio State Uni-           occupation of the Old Woman                      SUMMARYOF
         versity in September 1992. Over        Creek estuary from 10,000 years           EVALUATION FINDINGS
         700 wetland scientists and educa-      ago to recent times. The exhibit
         tors from throughout the United        emphasizes the importance of lo-               No evaluation of the Old
         States and 56 foreign countries        cal natural resources to Indian sur- Woman Creek NERR was con-
                                                                                       ducted during the biennium.

              D,e%
             Alurserve, interagency team study serves
                                     coastal manneyernent
                                                                          '7

                   What can tumors in                   At the site, the team is ex-   carcinogenic compounds that re-
           bullhead catfish teach coastal       amining the blood chemistry and        sult from dredging operations.
           managers?                            liver pathology in brown bullhead
                                                catfish populations. The liver tu-             Researchers also hope to
                   Dr. Paul Baumann form        mor frequency may indicate the         develop biomarkers for tumors
           the U.S. Fish and Wildlife Ser-      impact, of dredging on the ani-        in fish populations. Biomarkers,
           vice and a team of researchers       mals'health.                           elements in an animal's blood-
           from Ohio State University, the                                             stream that indicate tumors, al-
           Canada Centre for Inland Wa-                 Specifically, the study        low for early tumor detection
           ters, and the Smithsonian Insti-     looks at animal health after ani-      and are quicker, more accurate,
           tute are using Old Woman             mal tissues absorb the breakdown       and less expensive than tradi-
           Creek NERR to find the answer.       products of petroleum and related      tional methods of surgically re-
                                                                                       moving tissue from the animal.

                                                                172







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   South Slough NERR






                                                              173





          Oregon Coastal Management Program





                         regon manages its
          coastal resources as part of a state-
          wide program for coordinated land
          use planning. A networked pro-
                                                                                        ;C@ 4",
          gram, Oregon's Coastal Manage-
          ment Program is based on the Or-
                                                                                    La
          egon Land Use Planning Act (Act),
          regulations for 19 statewide plan-                                     -j,
          ning goals, local comprehensive
          land use plans that are consistent                          *;_" Oil
          with the statewide goals, and stat-
                                                                                     711
          utes and rules governing the state's
                                                                                                        'a
          netw
               orked agencies. The Act des-
                                                                                                            4
          ignated the Land Conservation and
          Development           Commission
          (LCDC) and its staff, the Depart-
          ment of Land Conservation and
          Development (DLCD), as the lead        Energy, Agriculture, and Envi-                   Ocean Resources Manage-
          agency for administering Oregon's      ronmental Quality are the               ment: Oregon is currently drafting
          Coastal Management Program             program's principal networked           a Territorial Sea Plan - a major
          (OCMP). LCDC can adopt goals           agencies. Oregon's Coastal Man-         ocean resources initiative. The
          and guidelines to provide direc-       agement Program defines the             Terrirorial Sea Plan will be based
          tion for the program and the local     state's coastal zone boundary as        on the issues and recommenda-
          comprehensive plans. Oregon's          the watershed from the crest of the     tions of the Oregon Ocean Re-
          Division of State Lands, and the       Coast Range mountains seaward           sources Management Plan, an ad-
          Oregon Departments of Fish and         to the three-mile jurisdictional        visory and guidance document
          Wildlife, Forestry, Transportation,    boundary of state waters.               completed in 1991, and will ad-
                                                                                         dress other emerging issues. The
                                                             PROGRAM                     effort to develop the Plan is now
                  Recent evidence suggests            ACCOMPLISHMENTS                    focusing on Oregon's rocky inter-
          that major subduction. zone earth-                                             tidal areas, which are suffering
          quakes occur along the Oregon                  Public Access: DLCD             damage from increasingly heavy
          coast every 300 to 500 years on        continues its strong commitment         tourist traffic. The rocky shores
          the average and that the last ma-      to increase public access through-      management program and other
          jor quake probably occurred            out the state. Section 306A Re-         components of the Territorial Sea
          about 350 years ago. Damage            source Management Improvement           Plan will be based on mandatory,
          from such an event would result        Grants contributed to many joint        enforceable policies. To coordi-
          not only from groundshaking but        state/local public access efforts,      nate state ocean policy and pre-
          also from earthquake-induced           including four in fiscal year 1992      pare the Plan, Oregon has estab-
          liquefaction, landsliding, subsid-     and three in fiscal year 1993.          lished a permanent ocean resources
          ence, and tsunamis. The Oregon         DLCD also annually updates its          planning and management body
          Coastal Management Program is
          0
































          currently considering policy and       section 306A "Field Guide,"             - the 23-member Ocean Policy
          planning implications for this         which presents a photograph, map,       Advisory Council (OPAC). The
          evidence.                              and description for each project        DLCD coordinates the OPAC's
                                                 under section 306A.                     work.

                                                                  174





                                                                                 Oregon Coastal Management Program





                          Coastal           Hazards:              Public Education: Oregon                   SIGNIFICANT
                 Oregon's Coastal Management              is developing a Communications                PROGRAM CHANGES
                 Program undertook several haz-           Strategy for Coastal Stewardship
                 ards initiatives during the bien-        - a master plan for coordinating                 OCRM approved two sig-
                 nium. A policy working group,            and unifying messages from fed-          nificant program changes during
                 representing different interests and     eral and state agencies to the pub-      the reporting period: the Lane
                 perspectives, has been working to        lic. In Oregon, as in many other         County Comprehensive Plan and
                 define coastal hazard issues and         states, public educational and in-       the Periodic Review Amendments
                 problems, formulate and evaluate         terpretive materials have been de-       to the City of Yachats Compre-
                 alternative solutions, and recom-        veloped by numerous agencies and         hensive Plan-
                 mend preferred alternatives. The         entities without benefit of an over-
                 group is focusing mainly on poli-        all master plan. The result is a                The Oregon program,
                 cies related to beach erosion, flood-    hodge-podge of communication             approved by NOAA in May 1977,
                 ing, and upland development.             strategies, ranging from excellent         received $1,173,667 in federal
                                                          to poor, with overlap, gaps, and         fundingfor FY92 and $1,061,886
                         The state has also begun         even contradictory messages. The                       for FY93
                 working to develop new standards         Oregon Coastal Management Pro-
                 for geotechnical reports on pro-         gram and Oregon Sea Grant are                      SUMMARYOF
                 posed building sites and to de-          supporting the development of an            EVALUATION FINDINGS
                 velop a methodology for invento-         interrelated communications effort
                                                          that will enable all agencies to                 Final evaluation findings
                                                          deliver a consistent, coordinated        issued in July 1993 indicate that
                           The Oregon Coastal             message to the public. Different         Oregon is successfully implement-
                  Management Program is acting            communications strategies will           ing and enforcing its federally-ap-
                  to save the state's rocky inter-        also be tested to determine which        proved coastal management pro-
                  tidal pools, which are being seri-      are most effective in increasing         gram. DLCD is taking a leadership
                  ously damaged through over-             visitor knowledge and promoting          role in coastal issues, coordinating
                  use and uninformed use by tour-         personal stewardship.                    with other State agencies, and as-
                  ists. The OCMP, through its sup-                                                 suring the opportunity for full par-
                  porting role to the Ocean Policy                Wetlands Assessment              ticipation by the public and other
                  Advisory Council, is develop-           Methodology: With support from           interested parties. The findings rec-
                  ing policies and regulations to         DLCD, the Division of State Lands        ommended that the state improve
                  protect these areas. Among the          (DSL) is developing a methodol-          the participation of other state agen-
                  policies proposed are restricted
                  access to specific sites to protect     09Y to assess the functions and          cies in the local plan periodic re-
                  habitats, and using public edu-         values of wetlands. State agen-          view process; develop ways of
                  cation, information, and aware-         cies, local governments, and pri-        improving protection of non-es-
                  ness programs.                          vate landowners will use this meth-      tuarine coastal wetlands; enhance
                                                          odology to evaluate wetlands. By         public outreach; and work with the
                                                          using this methodology, Oregon           Department of Environmental
                 rying areas subject to dune under-       will improve its wetlands program        Quality to provide additional sup-
                 cutting. Oregon is also mapping          in both quantitative and qualita-        port for developing the state's sec-
                 hazards to show the combined ef-         tive assessment.                         tion 6217 Coastal Nonpoint Pollu-
                 fects of both chronic and cata-                                                   tion Control Program.
                 strophic hazards affecting Oregon's
                 coast.


                                                                           175





          South Slough National Estuarine Research Reserve





                  outh Slough was the first       chairs the South Slough Manage-         The research and education pro-
          designated National Estuarine           ment Commission - a 7-member            grams are also supported by in-
          Research Reserve. The site is one       voting commission appointed by          terns from colleges and universi-
          of eleven shallow tidal inlets of the   the governor to: 1) oversee the         ties around the country and by an
          Coos Estuary in Coos Bay, Or-           operations of the reserve and pro-      advisory committee. A large vol-
          egon. Encompassing approxi-             vide policy guidance to reserve         unteer staff and the non-profit
          mately 25 percent of the South          staff; 2) uphold the statute creat-     "Friends of South Slough, Inc."
          Slough drainage basin, the reserve      ing the reserve; and 3) uphold the      provide support to the reserve.
          includes a variety of habitats, in-     policies of the State Land Board.
          cluding upland forests, freshwater
          marsh, mudflats, salt marsh, and
          open water. At least 22 commer-
          cially important fish species re-
          side in the estuary and the reserve's
          extensive eelgrass beds attract
          waterfowl migrating along the
          Pacific Flyway.
                                                                          VV,
                  The South Slough estuary
          has been altered dramatically since
          its development in the mid 1850s.
          Like most estuaries on the west
          coast, a large portion of its coastal
                                                                                                                    AA
          wetlands are diked agricultural
          lands. Now the reserve's most
          prominent feature is its extensive
          array of dikes, many of which have                                                                          .. ...... .... ... .
          been breached naturally at various
          times in the recent past. Some re-
          main intact.


                  South Slough NERR is
          managed by Oregon's Division of
          State Lands, the staff agency of the
          State Land Board which includes
          the Governor, Secretary of State,
          and State Treasurer. The Director       One non-voting federal represen-                   PROGRAM
          of the Division of State Lands          tative also sits on the Commis-              ACCOMPLISHMENTS
                                                  sion.
              The first reserve in the                                                            Management Plan: South
                  national system,                        The permanent staff of the      Slough National Estuarine Re-
               South Slough NERR                  South Slough NERR includes the          search Reserve is at a pivotal point
               was designated 1974                manager, assistant to the manager,      in its evolution. The reserve has
          S





































                  in the Columbian                research coordinator, education co-     completed most of the goals out-
               biogeographic region.              ordinator, maintenance foreman,         lined in its first management plan
                                                  and public service representative.      drafted in 1984. Reserve and
                                                                  176





                                                                  South Slough National Estuarine Research Reserve




                OCRM staff have completed a for-        ing the past two years. A 3,500                 Since many of South
                mal draft revision of the reserve's     square foot farmhouse, purchased        Slough's facilities are operating at
                original management plan which          in 1992 with the Tracy Property,        or near capacity, environmental
                reflects substantial development        was converted to a field science        carrying capacity is addressed in
                of reserve management and pro-          station for the tidelands restora-      facilities and trail planning in the
                grams over the past nine years, as      tion projects. Buildings, roads and     revised management plan.
                well as changes and growth in the       trails are operating at nearly full
                National Estuarine Research Re-         capacity. Following recommenda-           The reserve operated using
                serve System. The revised man-          tions in the facilities plan, inap-        $168,000 in federal funds
                agement plan incorporates a new         propriate buildings are being de-            in FY92 and $109,000
                regional emphasis for all aspects       molished. Necessary roads have             in federal funds in FY93.
                of the reserve's operations. While      been graded and graveled, ditched
                retaining its own activities, the re-   and drained. All unnecessary roads              RESEARCH AND
                serve will build stronger ties with     are closed and in the process of          MONITORING PROGRAMS
                the larger educational and scien-       natural revegetation. The trail sys-
                tific community. Reserve staff          tem is being upgraded to allow for              The reserve has completed
                have also become involved with          handicap accessibility to major         its inventory and assessment of
                coastal resource management ini-        portions of the study trail. Routes     habitat conditions within freshwa-
                tiatives throughout Oregon.             are being developed for an addi-        ter streams, marshes and riparian
                                                        tional new system on the North          areas. This information will be
                        Facilities: South Slough        Creek drainage. Construction will       combined with similar data from
                reserve staff brought the reserve's     begin as the existing system be-        tidal lands and upland forest habi-
                facilities program to maturity dur-     gins to exceed capacity.                tats when preparing the commu-
                                                                                                nity profile of the site which is
                                    OF
                                                                                                underway. The community profile
                                                                                                will describe the primary habitats
                                                                                                and communities that occur within
                                                                                                estuarine tidelands, riparian areas
                                                                                                and upland forests and provide the
                                                                                                framework for a long-term moni-
                                                                                                toring program.

                                                                                                        During the biennium,
                                                                                                graduate students researched the
                                                                                                correlation between inundation
                                                                                                period and coastal wetland pro-
                                                                                                ductivity in the reserve, the recov-
                                                                                                ery of eelgrass populations and
                                                                                                communities of bottom-dwelling
                                                                                                invertebrates following removal of
                                                                                                commercial oyster stakes, and sea-
                                                                                                sonal changes in the abundance,
                                                                                                distribution, and population size
                                                                                                and structure of dense beds of bur-
                                                                                                rowing ghost shrimp as they re

                                                                         177





           South Slough National Estuarine Research Reserve





              D
             ileserve plans Winchester Tidelands restoration
                   With support from a               reserve, once were highly pro-            significance of the research, the
           NOAA development grant, South             ductive estuarine channels,               restoration efforts at South Slough
           Slough NERR sponsored an in-              mudflats and saltmarshes. They            NERR are gaining nationwide at-
           tense three day workshop in June          were since altered by dikes to            tention.
           1993 to finalize a strategy for re-       channel water to agricultural
           habilitating the Winchester Tide-         lands, resulting in lost habitat for               In support of the plan
           lands.                                    anadromous fish, invertebrates,           adopted by the Advisory Com-
                                                     mammals, shorebirds and migrat-           mittee, South Slough has com-
                   The workshop brought to-          ing waterfowl.                            pleted a private contract with
           gether the Winchester Tidelands                                                     Menasha Corporation to establish
           Restoration Project (WTRP) Ad-                     The project seeks to restore     precise benchmark elevations
           visory Committee, a group of ex-          tidal circulation and estuarine           within tideland portions of the
           perts in wetland restoration, es-         functions by removing dikes and           reserve.
           tuarine ecology, botany, tidal hy-        tide gates. As a control for the
           drology and wetland regulation,           experiment, researchers will com-                  Further, Menasha Corp.
           and representatives from state and        pare the success of artificially fa-      provided the instrumentation and
           federal agencies and private in-          cilitated wetlands restoration with       satellite communications needed
           dustry.                                   the series of wetlands in the re-         to complete the on-site topo-
                                                     serve whose dikes breached natu-          graphic surveys within several of
                   The South Slough's re-            rally at various times in the recent      the saltmarsh restoration sites.
           search coordinator and a wetland          past.
           planner on contract co-authored                                                              The reserve is now look-
           an article describing the restora-                 The entire series of diked       ing to the National Fish and Wild-
           tion project's goals and objectives,      wetlands in the reservewill there-        life Foundation, the US. Fish and
           which was published in the U.S.           fore become part of a larger re-          Wildlife Service, and Oregon
           Department of Interior periodical         search initiative which will pro-         Community               Foundation-
           Park Science (Vol. 13 (4), Fall, 1993).   vide valuable insights into the ef-       Katherine Bisbee Fund for financ-
                                                     fectiveness of wetland restoration        ing to carry out restoration of the
                   The Winchester Tide-              efforts thorughout the entire Pa-         Winchester Tidelands.
           lands, a key component of the             cific Northwest. Because of the

           spond to ecological variation.            Small Business Administration,                    EDUCATIONAND
           Through an interagency agree-             Oregon Department of Forestry,                OUTREACH PROGRAMS
           ment with the University of Or-           local nurseries and private forestry
           egon Institute of Marine Biology,         crews to purchase and plant 4,700                  The reserve's work in edu-
           the reserve has gained a tempo-                                                     cation and outreach during the bi-
           rary Research Assistant to work              The reserve's acquisition              ennium has brought new media
           on projects with South Slough.                 status stands at 100%                offerings to completion and has
                                                           complete, protecting                diversified the reserve's role in
                   South Slough Reserve em-                      4,700 acres.                  regional networks. Among the
           barked on a cooperative effort to                                                   reserve's new media products is a
           re-establish a diverse coastal for-       coniferous and deciduous trees            widely shown, award-winning
           est at the Slough. The Hidden             within a 15-acre plot along the           video, "Tide of the Heron". The
           Creek Tree Planting Program was           Hidden Creek watershed trail. The         reserve published a general trail
           set up as a cooperative venture           planting will take place in May           brochure, the national brochure for
           between the reserve, the U.S.             1994.                                     the National Estuarine Research
                                                                      178





                                                                         South Slough National Estuarine Research Reserve




                 Reserve System and put together              institute of Marine Biology, among          and monitoring programs; and ex-
                 the soon-to-be published Hidden              others.                                     panding the education program.
                 Creek Trail and Ten-Minute Trail
                 brochures. Local newspapers ran                        SUMMARYOF                                  The findings recom-
                 a series of 52 illustrated articles             EVALUATION FINDINGS                      mended changes to improve the
                 featuring Oregon's estuaries. Ten                                                        program, including: developing
                 illustrations from the series were                    Final evaluation findings          strategies to maintain the reserve's
                 displayed publicly in Salem. South           were issued in March 1992 for the           core research, education, and re-
                 Slough reserve also sponsored a              period June 1986 through Decem-             source protection mandates despite
                 photography contest highlighting             ber 1991. The evaluation con-               the projected budgetary cuts; co-
                 estuaries; three winners will be             cluded that the State of Oregon is          ordinating more closely with
                 awarded a one-person show in                 operating and managing a strong             OCRM and its contractor to com-
                 1994. Sixteen public media sites,            reserve program and is adhering to          plete a revised management plan;
                 such as newspapers and public li-            the federally approved reserve              considering creation of volunteer
                 braries, have requested sets of the          management plan and tasks con-              coordinator and land steward po-
                 illustrated articles. South Slough           tained in financial assistance              sitions in the reserve's staffing
                 reserve also sponsored a piloted             awards.                                     strategy, and securing full state
                 entry of the NERR system into                                                            funding for the research coordina-
                 National Geographic's "What's in                      Among the accomplish-              tor and public service representa-
                 our Water" program. Approxi-                 ments identified were: strengthen-          tive. The findings also suggested a
                 mately3000 schoolchildren, adults            ing administrative frameworks;              more proactive role for the South
                 and families are served by such              improved staffing at the reserve;           Slough Management Commission;
                 direct programming each year. An             improved networking in the com-             streamlined communication with
                 additional 30,000 are served                                                                  OCRM; improved monitoring
                 annually through the reserve's                                                                of visitor use and determina-
                 trails and interpretive c nter.
                                                                                                               tion of carrying capacity; and
                                                                                                                            linkages between
                                                                                                               improved
                          South Slough staff
                                                                                                               the reserve education and re-
                 continue to increase their role                                                               search programs.
                 in education and outreach in
                 Oregon. As well as serving on                                                                     Recommendations in the
                 several boards and commit-                                                             ifia   evaluation findings have been
                 tees, reserve staff actively par-                                                             incorporated into the revised
                 ticipated in regional projects,                                                               management plan. The plan
                 among them developing a                  By core sampling at the reserve, coastal and         identifies a land steward and
                 statewide wetlands education             reserve managers can explore the history and         volunteer coordinator as criti-
                 strategy plan, and a Wetland             health of ecosystem through sedimentation            cal goals of reserve staffing;
                                                          studies, contamination levels, and the existence
                 Institute for teachers. As part          of underground life.                                 coordinates the research, edu-
                 of a regional network, the staff                                                              cation and management pro-
                 conferred with and provided ex-                                                          grams to achieve maximum re-
                 pertise to the Oregon Coast                  munity; complete acquisition of             source protection; and places em-
                 Aquarium, Oregon Coast Recre-                all property within the reserve             phasis on off-site programming to
                 ational Atlas, Umpqua (R      iver) Dis-     boundary; implementing a trail              increase the Reserve's influence
                                              e

















                 covery Center, the Coastal Rivers            system and facilities masters plan;         and minimize environmental im-
                 Scenic Loop Tour, and the Oregon             enormous growth in the research             pacts of increased visitor use.

                                                                                179



































































































                                                           180
















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                                                         P.ennsylva





           Pennsylvania Coastal Zone Management Program





                                                                                 ms
                                                                                le ' 'eissociated with marinas is among the
                   ennsylvania's coastal zone
                                                                                 t source pollution control program.
           lies within three coastal counties                                  n
           on the Delaware estuary        Bucks,              1:
           Philadelphia, and Delaware
           and in Erie County on the shore of
           Lake Erie. On the 57-mile stretch
           of coastline along the Delaware                                                                            - W-MM
           estuary, the coastal zone vanes
                                                                                777,w
           from one-eighth mile in urban ar-
           eas like Philadelphia to over three
           and one-half miles in Falls Town-
                                                                                                                     6,
           ship, Bucks County. On the 63-
                                                                                                           17,
           mile coast of Lake Erie, the coastal
           zone runs from 900 feet within
           parts of the City of Erie to more
           than three miles in Harbofcreek                   Pennsylvania derives the        This move may facilitate coordi-
           and North East Townships.                coastal program's policy structure       nation of the state's nonpoint
                                                    from existing state laws, includ-        source pollution control program,
                   To manage this diverse           ing the Dam Safety and Encroach-         since the Division of Nonpoint
           coastline, Pennsylvania estab-           ments Act, the Floodplain Man-           Source Management is in the same
           lished a coastal zone management         agement Act, the Clean Streams           bureau.
           program (PCZMP) in 1980 as a             Law, and the Air Pollution Con-
           networked program operating un-          trol Act. As part of their program                In an effort to make'per-
           der the Department of Environ-           development, the state developed         mitting processes within the Bu-
           mental Resources (DER). The              a new piece of legislation for the       reau of Dams and Waterway Man-
           DER serves as the state's lead           program: the Bluff Recession and         agement more efficient and to re-
           agency for implementing, admin-          Setback Act of 1980. Based on            duce permit processing time, reor-
           istering, and enforcing the coastal      that law, eight Erie County coastal      ganization planners transferred
           program. DER's Division of               municipalities administerbluff set-      permitting responsibilities to re-
           Coastal Programs (DCP) is respon-        back ordinances with funding sup-        gional offices.
           sible for monitoring and evaluat-        port from the state program.
           ing activities related to coastal zone                                                     Coastal Nonpoint Pollu-
           management and ensuring com-                         PROGRAM                      tion Control Program: Pennsyl-
           pliance with the program's en-                 ACCOMPLISHMENTS                    vania added a new staff member in
           forceable policies. However, this                                                 September 1993 to work exclu-
           networked program relies on other                 LeadAgency Reorganiza-          sively on the section 6217 Coastal
           agencies to comply with those            tion: When the Department of En-         Nonpoint Pollution Control Pro-
           policies, and an Executive Order         vironmental Resources reorga-            gram. To prepare for 6217 mea-
           provides the authority needed to         nized in 1992, the former Division       sures, the state completed an ini-
           ensure this compliance.                  of Coastal Zone Management was           tial inventory and analysis of ex-
                                                    renamed the Division of Coastal          isting authorities, as well as a de-
                 Commercialfishing in               Programs (DCP) and moved to              tailed schedule of tasks and a
           Pennsylvania is confined almost          the Bureau of Land and Water             timeline to complete those tasks.
           P








































                  entirely to Lake Erie             Conservation (formerly Bureau of         The state also passed the Nutrient
                   and its tributaries.             Water Resources Management).             Management Act, which may be-

                                                                      182




                                                              Pennsylvania Coastal Zone Management Program





               come a strong element of the            and bluff recession. In place since            Pennsylvania has also ini-
               coastal nonpoint pollution control      198 1, SAR has brought strong lo-      tiated projects to increase the
               program. The Act, administered          cal support for the state coastal      public's access to Lake Erie's
               by the State Conservation Com-          management program.                    shore. Among these projects, the
               mission, requires concentrated                                                 state is looking at defining the
               animal operations to develop and                Cumulative and Secondary       limits of the public trust along the
               implement nutrient management           Impacts: Through enhancement
               plans.                                  grants funding, Pennsylvania's           More than 40 percent of the
                                                       coastal program is studying the            nation's population lives
                       Boundary Changefor Wet-         impact of boating in Presque Isle             within a day's ride
               land Protection: Through the sec-       Bay on Lake Erie. Coastal pro-             of the Delaware Estuary.
               tion 309 Enhancement Grant Pro-         gram managers will use the con-
               gram, Pennsylvania moved for-           clusions of this developing study      shoreline, upgrading the public
               ward with plans to redefine the         to determine the best management       access policy from encouragement
               coastal zone boundary, which            strategy for the Bay.                  to enforceable, and assuming au-
               would increase the protection of a                                             thority to keep shoreline access
               vast number of wetlands. The state              Lake Erie Projects: In ad-     areas open to the public.
               proposes shifting the boundary fur-     dition to amending the Bluff Re-
               ther inland and including all hy-       cession and Setback Act and the                PermitReview: During the
               drologically connected wetlands         Presque Isle Bay boating impact        biennium, the PCZMP addressed
               in the coastal area.                    analysis, Pennsylvania has under-      the problem of permit review back-
                                                       taken and completed several other      log and worked to streamline per-
                       Coastal Hazard Mitiga-          projects for Lake Erie's shoreline.    mit reviews. Managers increased
               tion: Also under the Enhancement        Presque Isle State Park is creating    the coastal program's scope of
               Grant Program, Pennsylvania is                                                 authority in wetland permit re-
               working to amend the Bluff Re-                     A.                          view by negotiating a letter of
                                                                              :g
               cession and Setback Act to restrict                                            agreement with the Pennsylvania
               construction on the bluff face. This                                           Bureau of Dams and Waterway
               change would reduce the risk of                                                Management. Under the agree-
               injury and property damage, as                                                 ment, the PCZMP gained addi-
               well as decrease erosion on the                                                tional opportunities to review wet-
               bluff face.                                                                    land permits and apply conditions
                                                                                              to these permits.
                       To further protect people
               and property from coastal hazards,                                                     Wetland Monitoring and
                                                                                              Enforcement: Pennsylvania con-
               the state has a companion program
               to the Bluff Recession and Set-                                                tinues to monitor coastal wetlands
               back Act as part of the policy on       digital topographic maps     of the    for violations using aerial photog-
               coastal hazards. This free service,     peninsula, and is removing sev-        raphy interpreted by coastal pro-
               called the Site Analysis and Rec-       eral non-indigenous species from       gram staff. Aerial monitoring suc-
               ommendation (SAR) service, of-          specific sites in the park. The City   cessfully enabled the state to spot
               fers help through site evaluation       of Erie will soon begin construc-      wetland violations, delineate wet-
               and constructive recommendations        tion of a bayfront bikeway, which      lands, and determine wetland loss
               to evaluate erosion problems and        will increase low-impact public        overtime. The Division of Coastal
               to educate coastal land owners on       access to Lake Erie's shoreline.       Programs shares the information
               the processes of shoreline erosion                      183                    on wetland losses with state and





           Pennsylvania Coastal Zone Management Program




           federal enforcement agencies to           phates, and Secchi depth and other        program - from Solid Waste
           encourage restoration or mitiga-          human impacts on the estuary. Re-         Management regulations to Dam
           tion activities.                          sults are distributed to decision         Safety and Waterway Manage-
                                                     makers to assist in sound manage-         ment regulations, the PCZMP
                    VolunteerMonitoring Pro-         ment of coastal zone resources.           wetlands policy, and other minor
           gram: During FY93, Pennsylva-             The Delaware Riverkeeper Net-             administrative changes. Changes
           nia expanded its Delaware                 work complements other monitor-           to the Dam Safety and Waterway
           Riverkeeper Network Volunteer             ing programs, such as those con-          Management regulations (Title 25
           Monitoring Program by ten sites,          ducted by the Delaware River Ba-          PA Code Chapter 105) established
           bringing the total to 34. The Dela-       sin Commission.                           an "exceptional value" wetland
           ware Riverkeeper Network began                                                      category to provide additional pro-
           as a volunteer citizen monitoring                   SIGNIFICANT                     tection to wetlands.
           program in the fall of 1990 to                 PROGRAM CHANGES
           provide a trend analysis of water                                                            SUMMARYOF
           quality conditions at various sites               Amendments to Wetlands               EVALUATION FINDINGS
           in the estuary. Volunteers currently      Regulations: Through a routine
           monitor water quality at sites            program implementation change                     N o     evaluation          of
           throughout the Delaware River,            submitted in October 1993, man-           Pennsylvania's Coastal Zone
           testing for dissolved oxygen, pH,         agers incorporated changes in poli-       Management Program was con-
           water temperature, nitrates, phos-        cies and regulations into the coastal     ducted during the biennium.

                                    Pennsylvania strengthens
                                            wetlands protection
                    Pennsylvania revised the         be replaced within the same wa-         for additional categories   'of struc-
           wetlands regulations in Chapter           tershed or within the designated        tures or activities that do not sig-
           105 of Title 25 PA Code, which            boundaries of the state coastal         nificantly affect life, health, prop-
           governs implementation of the             zone area where the loss occured.       erty, or the environment. The
           Dam Safety and Waterway Man-                                                      changes also simplified applica-
           agement Act. By doing so, the                    People wishing to alter          tion procedures and set fees to
           state took steps to increase pro-         wetlands must now submit an en-         better reflect the state's costs for
           tection for Pennsylvania wetlands         vironmental assessment to DER           processing applications and ad-
           of "exceptional value," consid-           for    permit        applications,      ministering the wetlands pro-
           ered the state's most environmen-         unpermitted structures or any ac-       gram.
           tally significant wetlands.               tivities in wetlands and waters of
                                                     exceptional value. The Depart-                   Although some environ-
                    Recent changes to Chap-          ment of Environmental Resources         mental advocates may not view
           ter 105 will benefit wetlands in          can deny a wetlands permit to any       these changes as major, the
           other ways. The regulations now           applicant who continually violates      amendments do increase wetland
           require a higher than one-to-one          the state's environmental laws.         protection and replacement, a
           mitigation acreage ratio when the                                                 benefit to the entire coastal pro-
           mitigation is intended to replace                Changes to Chapter 105           gram. The revised regulations
           lost functional value or respond          also streamlined the permitting         also facilitate the state's permit-
           to a wetland violation. The regu-         process in two ways. The state can      ting process and better focus
           lations also require that wetlands        now waive permit requirements           DER's resources.

                                                                     184










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                           Jobos Bay NERR




                                                           185





           Puerto Rico Coastal Management Program





                  he Puerto Rico Coastal                 Two other com-
          Management Program (PRCMP)             monwealth agencies
          was created to manage the signifi-     Play important roles in
          cant land and water activities oc-     coastal management:
          curring in territorial waters and in   the     Environmental
          a land area extending approxi-         Quality Board and the
          mately 1,000 meters inland from        Regulations and Permit     r
          mean high tide. The common-            Administration. The En-
          wealth set up the coastal manage-      vironmental Quality
          ment program as a networked pro-       Board assesses environ-     7,
          gram and incorporated the coastal      mental impact state-      m
          management plan into the               ments and adopts and
          Islandwide Land Use Plan. The          monitors pollution con-
          Department of Natural Resources        trol standards and regu-
          (DNR) and Planning Board act as        lations. The Regulations
          the primary planning and permit-       and Permits Administra-
          ting agencies in Puerto Rico's         tion administers build-
                                                 ing and use permits as
          coastal zone. As the lead agency,
          DNR is responsible for managing        well as minor zoning
          the commonwealth's natural re-         changes in urban areas.
          sources and activities in the mari-                                           pared and adopted the Pinones
          time zone, territorial waters, and                 PROGRAM                    Special Planning Area (SPA) man-
          submerged lands. The Coastal                ACCOMPLISHMENTS                   agement plan in 1992 and the
          Management Office (CMO) within                                                Tortuguero SPA management plan
          DNR coordinates daily adminis-                 Natural Resource PrOtec-       in 1993. The PRCMP also set up a
          tration of the coastal program. The    tion: The Planning Board and DNR       5-year schedule to complete the
          Planning Board, which is part of       have made notable progress in des-     remaining SPA management
          the Office of the Governor, holds      ignating 20 of 28 natural reserves.    plans.
          broad regulatory power and land        Among these, the Cuevo del Indio
          use planning responsibility in         natural reserve was designated in              Sedimentation andErosion
          Puerto Rico. The Planning Board        April 1992 and the Cibuco Swamp        Control: An interagency agree-
          controls all land uses through gen-    natural reserve was designated in      ment for sedimentation and ero-
          eral controls over subdivisions,       February 1993.                         sion control (the Puerto Rico CEST
          residential and agricultural uses,                                            Program) was signed in Septem-
          industrial projects, commercial                Maritime Regulations: In       ber 1993 by Puerto Rico's DNR,
          centers, and hotels, and by adopt-     December 1992, DNR adopted the         Planning Board, Regulations and
          ing zoning district maps.              Maritime Zone regulations which        Permit Administration, Environ-
                                                 govern the activities permissible      mental Quality Board, U.S. Envi-
                                                 in the commonwealth tidelands,         ronmental Protection Agency's
                                                 territorial waters, and submerged      Region 11 office, the Agricultural
              The program was federally          lands. The regulations establish       Extension Service, the Puerto Rico
           T





































             approved in September 1978          criteria for granting concessions      Department of Agriculture, the Soil
            and operated with $1,113,400         for coastal activities and uses.       Conservation Service Caribbean
            in federalfunds during FY 92                                                Area      Office,      and       the
             and 1,125,667 during FY93.                  Special Area Manage-           Commonwealth's 17 Soil Conser-
                                                 ment: The Planning Board pre-          vation Districts. The agreement
                                                                 186




                                                                        Puerto Rico Coastal Management Program




                            Puerto Rico adopts maritime zone regulations
                        Department of Natural          expansions and repairs on struc-       lands and offshore areas. The regu-
                Resources Secretary Santos             tures with a concession; and dis-      lations also advance a public
                Rohena Betancourt approved new         posal of solid and liquid wastes.      policy mandating the conserva-
                maritime zone regulations as one                                              tion of natural resources as well as
                of his last acts before departing              Titled "The Regulation for     development and use for the gen-
                with the outgoing gubernatorial        Use, Surveillance, Conservation,       eral benefit of the community. The
                administration. The regulations        and Administration of the Terri-       regulations are further intended
                empower the Department of              torial Waters, the Submerged           to preserve and maintain cultural
                Natural Resources (DNR) to fully       Lands Beneath Them, and the            resources.
                address the plaguing issue of          Maritime Zone," the rules include
                harmful nonconforming uses in          special provisions for existing ac-            Since the inception of
                the maritime zone, by either im-       tivities and structures located in     Puerto Rico's Coastal Manage-
                proving them to protect natural        natural reserves and other special     ment Program, DNR staff mem-
                resources, access, health and          planning areas. The regulations        bers have prepared numerous
                safety or removing them.               also vest authority in DNR to grant    drafts of the regulations, none of
                                                       franchises, leases, and permits and    which gained final approval.
                        The regulations, adoped        to collect fees and duties.
                Dec. 30,1992, established criteria                                                    Thus, adoption of the regu-
                and mechanisms to grant autho-                 Deriving legal basis from      lations represents significant ad-
                rizations and concessions for fu-      19th century Spanish and 20th cen-     vancement for the coastal pro-
                ture construction, repairs, expan-     tury American traditions, the          gram. All of the DNR staff who
                sions and demolitions; existing        Maritime Zone Regulations gov-         worked on this project deserve
                structures that do not have a con-     ern permissible activities in the      special recognition for this
                cession from the DNR; existing         Commonwealth's public tide-            achievement.
                establishes an interagency com-        Rico's hazard mitigation plan, as      tain inspection and enforcement
                mittee to implement the sedimen-       is required following a disaster       issues in Puerto Rico.
                tation and erosion control regula-     declaration by FEMA.
                tions when they are adopted and a                                                      SIGNIFICANT
                companion manual of standards                Federal consistency: Five             PROGRAM CHANGES
                and specifications. The agreement      federal consistency appeals were
                also spells out the responsibilities   decided during the biennium. In                No program changes were
                of the committee and of each Par-      all five cases, the Secretary of       submitted during the biennium.
                ticipating agency in implementing      Commerce declined to override
                the CEST Program.                      the Planning Board's objections.                SUMMARYOF
                                                       See the earlier chapter on federal        EVALUATION FINDINGS
                        Coastal Hazards: Puerto        consistency for details of these
                Rico's Natural Hazards Planning        cases. Two other consistency ap-               No evaluation of Puerto
                Program participated in the Fed-       peals are pending.                     Rico's Coastal Zone Management
                eral Emergency Management                                                     Program was conducted during the
                Agency's (FEMA) response to a                  Enforcement: The Regu-         biennium. However, an evalua-
                disaster declaration in January,       lations and Permits Administra-        tion site visit was conducted in
                1992 from flash flooding follow-       tion and the Department of Natu-       December 1993, and final evalua-
                ing a low pressure tropical depres-    ral Resources signed an inter-         tion findings are due for publica-
                sion. The Natural Hazards Plan-        agency agreement to resolve cer-       tion in 1994.
                ning Program also updated Puerto                       187





           Jobos Bay National Estuarine Research Reserve




                  he Jobos Bay National Es-                 PROGRAM                      The reserve incorporates 2,883
           tuarine Research Reserve includes          ACCOMPLISHMENTS                       acres of state-owned land
           15 offshore islets known as Cayos                                              along the south central coast
           Caribe, and the mangrove forest of            Puerto Rico's Department                 of Puerto Rico.
           Mar Negro, with its complex sys-      of Natural Resources recently
           tem of lagoons, mud salt flats, and   signed a Memorandum of Under-
           channels. The reserve also includes   standing which affirms the long-              ED UCA TION AND
           sand beaches, coral reefs, seagrass   term commitment on the part of             OUTREACH PROGRAMS
           beds and territorial waters.          the Commonwealth and the Fed-
                                                 eral governments to manage the                 The reserve's education
                  It is believed that fifty or   site as a National Estuarine Re-       program focuses on teacher train-
           so West Indian Manatees that for-     search Reserve. Jobos Bay reserve      ing workshops- coordinated
           age within Jobos Bay and the Mar      also completed a visitor center and    through the Sea Grant College Pro-
           Negro and Caribe Islets represent     research facility.                     gram of the University of Puerto
           the second largest manatee popu-                                             Rico       and tours for school
           lation in Puerto Rico. Hawk's bill                                                              groups.
           sea turtles are also indigenous to
           the seagrass beds of Jobos Bay.                                           -R,                   SUMMARYOF
                                                                                                           EVALUATION
                                                                                                             FINDINGS
           The reserve received$]] 0, 000
               in federalfunding both                                                                           F i n a I
                                                  MW
               FY 1992 and FY 1993.
                                                                                                           evaluation find-
                                                                                                           ings were issued
                  Puerto Rico's Department                                                                 in February 1993
           of Natural Resources (DNR) em-
                                                                                                           for the period
           ploys the reserve staff, who now                                                                from May 1989
           manage the site through the Coastal                                                             through Febru-
           Management Office, The DNR                                                                      ary 1992. Rec-
           Ranger Corps and legal staff also                                                               ommendations
           provide support to the reserve.                                              addressed the need to complete a
                                                                                        management plan for the site, de-
                                                                                        velop use regulations for the re-
                                                                                        serve, resolve boundary concerns,
                             Mwl
                                                                                        develop research and monitoring
                                                             77-
                                                           7
                                                          44,
                                                         4,                             programs, and complete the Visi
                                                                                        tor Center.




                                                                                            The Jobos Bay Reserve
                                                                                            was designated in 1987
                                                                                              in the Caribbean Sea
                                                                                             biogeographic region.











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                                              189





          Rhode Island Coastal Management Program




                   he Rhode Island Coastal         Program requiring owners of ac-          gation for all unavoidable impacts
          Management Program regulates             tivities that are on, in, or over pub-   to wetlands. Wetlands that will be
          development in the coastal waters,       lic trust areas of the coastal zone to   permanently lost or altered must
          200 feet inland from a coastal fea-      compensate the public for private        be replaced through restoration of
          ture, such as wetlands and bluffs,       uses. The Dock Registration Pro-         a historical wetland or creation of
          and certain coastal uses through-        gram sets up a system for register-      a new wetland at a site approved
          out the state. Rhode Island's            ing all docks, whether permitted         by the Council. Wetlands replaced
          Coastal Resources Management             or unpermitted, and brings them          must be of equal or greater area
          Council (CRMC), which adminis-           into the submerged lands lease           and ecological value than those
          ters the coastal program, created        system. One novel aspect of the          lost. Also, mitigation projects, to
          Special Area Management Plans            program is that all docks will have      the maximum extent practicable,
          for the Salt Ponds area, Providence      to display "license plates" show-        must take place before or at the
          Harbor and the Narrow River.             ing that the dock is registered.         same time as the wetlands alter-
          Twenty-one coastal local govern-                                                  ation and must be on-site.
          ments participate in the program                  The Rhode Island
          on a voluntary basis, developing               coastalprogram earned                       Section 309 Enhancement
          local harbor management plans.             federal approval in May 1978.          Strategy Revisions: In 1992, the
                                                                                            CRMC revised their original Strat-
          Rhode Island's Coastal Manage-                                                    egy developed for the section 309
          ment Program is based on the                      Wetlands        Mitigation      Enhancement Grants Program.
          Coastal Resources Management             Policy: Rhode Island's adoption          The Council's revised the strategy
          Act of 197 1, which created the          of CRMC wetlands mitigation              to improve coordination with its
          CRMC. The CRMC administers               regulations was another significant      other ongoing planning initiatives.
          Rhode Island's program through           accomplishment under the ï¿½309            The Strategy, which received a
          direct permitting. The state recently    Enhancement Grant Program.               higher ranking with the changes,
          enacted its Comprehensive Plan-          These regulations codify the             focuses on public access and spe-
          ning Act, which now requires mu-         Council's policy of achieving no         cial area management planning.
          nicipal planning and zoning to be        net loss of wetlands acreage or
          consistent with the Rhode Island         function as a result of coastal de-               Pawcatuck Estuary andIn-
          Coastal Management Program.              velopment. Under the new regula-         terstate Management Program: In
                                                   tions the Council must require miti-     cooperation with the state of Con-
                       PROGRAM
                ACCOMPLISHMENTS                           @Jntfortnatiohftom citizen
                                                          @:nmonztoqng,aids
                                                                         ,Yincoastal
                                                                        de@6@i6n-
                                                                       t
                   Dock Registratione       Pro-
          gram: As part of the Submerged
          Lands Lease Program being devel-                               ...... ....
                                                                                         RVI,
          oped under the ï¿½ 309 Enhancement
          Grant Program, the CRMC adopted                                              I':!
          regulations for what they have
          termed the Dock Registration Pro-
          gram. The CRMC found that they
          had to get a handle on existing
          private docks before they could
          institute a Submerged Lands Lease
                                                                                                                     AA


                                                                    190




                                                                        Rhode Island Coastal Management Program





                                                                                                Council's permit processing time,
                                   Coastal Program Funding                                      which has enabled the Council to
                                                                                                process more administrative ac-
                                   Total             306             6217            309        tions over the last two years.
                FY 92            $800,000         $600,000         $46,000         $154,000             Stormwater Management
                FY 93            $786,000         $595,000         $46,000         $145,000     Regulations: The Council adopted
                                                                                                comprehensive storinwater man-
                                                                                                agement regulations which imple-
                                                                                                ment some of the section 6217
                necticut, the CRMC completed and        approved in 1990. To date, eight        management measures within the
                adopted an interstate special area      of the twenty-one coastal towns         Council's jurisdiction. The new
                management plan for the                 have developed plans; five more         regulations require applicants to
                Pawcatuck River Estuary andLittle       are in the final stages.                submit storinwater management
                Narragansett Bay. The Plan ad-                                                  plans which demonstrate that the
                dresses a broad array of issues                 Public Access: Over the         proposed activity will result in the
                from water quality, habitat resto-      past two years, the CRMC has            removeal of at least 80 percent of
                ration and protection, to recre-        continued its work to designate         the average annual total suspended
                ational uses, public access, and        public access rights-of-way. To         solid loadings. The CRMC, in con-
                interstate coordination. To coor-       date, the Council has investigated      junction with Rhode Island's De-
                dinate the management strategy,         290 potential sites and designated      partment of Environmental Man-
                the Plan sets up an interstate notice   195 sites. The Council has also         agement, also developed the
                procedure, interstate Memoranda         increased public access by placing      Rhode Island Stormwater Design
                of Agreement, coordinated review        conditions on the permits it issues.    and Installation Standards
                for large-scale projects, a             In 1992, through a permit condi-        Manual. This manual, designed to
                Pawcatuck River Bi-State Com-           tion placed on the Manchester           complement the Rhode Island Soil
                mission, and other mechanisms.          Street Station, Narragansett Elec-      Erosion and Sediment Control
                                                        tric will provide approximately $20     Manual, contains applicable Best
                        Harbor Management               million for waterfront public ac-       Management Practices and re-
                Planning: To deal with the grow-        cess improvements, including a          quirements for stormwater man-
                ing demand for water-related ac-        three acre waterfront park with         agement plans.
                tivities and the accompanying con-      walkways, shoreline improve-
                flicts, the CRMC instituted a com-      ments, a boat launching ramp, and               Marina Certification Pro-
                prehensive harbor management            a fishing pier.                         gram: The CRMC created a vol-
                planning program in 1988.                                                       untary program which allowed
                Through this program, the CRMC                  Permit Simplification: In       marinas to apply for marina certi-
                requires coastal communities to         1990, the CRMC instituted a new         fications. Marinas are required to
                establish use priorities for their      form of CRMC permit or assent           submit a surveyed plan which
                harbor areas. The Council then          called a "Finding Of No Signifi-        clearly defines the main perimeter
                gives each community the flex-          cant Impact (FONSI)." The FONSI         and all upland facilities. This al-
                ibility to identify its most pressing   allows the Council to expedite its      lows the CRMC to establish
                and relevant planning issues and        review for minor activities such as     baseline data on all facilities
                to develop a consensus vision. The      re-shingling and roofing a house.       present at each marina, which in
                first harbor management plan was        The new process has reduced the         turn facilitates the review of fu-
                                                                                                ture projects.

                                                                         191





          Rhode Island Coastal Management Program





                 Marina Pumpout Require-
          ments: In December 1992, CRMC                                                                Researchers study
          adopted requirements that new ma-                                                            core samples -
                                                                                                       taken from a closed
          rinas and marina expansions of 50                                                            military base -for
          boats or more must install a ma-                             P                               contamination levels
          rine pumpout facility. Also, mari-                                                           to determine the
          nas which expand by more than 25                                                             health of the
                                                                                                       ecosystem.
          percent: of their previously ap-                                          14
          proved capacity must install a ma-
          rine pumpout facility if the 25 per-
          cent increase will expand the
          marina's capacity by more than 25
          boats. Marinas which already have
          sufficient pumpout facilities are
          exempt from the new requirements.     changes to the CRMC regulations         CRMC permit procedures,
          However, the regulations do allow     into Rhode Island's Coastal Man-        strengthened enforcement author-
          the CRMC to impose other appro-       agement Program in 1991 and             ity and capabilities, new permit
          priate mitigation requirements.       1993. The most significant              requirements for wetlands protec-
                                                changes: new authority for CRMC         tion, increased public outreach ef-
                 Denitrification         Task   members or staff to issue warn-         forts, and completion of an inter-
          Force: The CRMC and the Rhode         ings when they witness a viola-         state management plan for the
          Island Department of Environmen-      tion; additional setbacks from a        Pawcatuck River Estuary and a
          tal Managment's Division of           buffer zone in certain cases to pro-    public access guide.
          Groundwater and Individual Sew-       tect the ecological integrity of the
          age Disposal Systems created a        buffer; new or expanded marina                  The findings identified ar-
          Denitrification Task Force, to im-    facilities requirements to mitigate     eas for program improvement, in-
          prove governmental coordination,      water quality impacts; and add a        cluding: public education about
          examine ways to streamline the        new aquaculture policy that re-         CRMC procedures and require-
          regulatory process, and to find       quires aquaculture leaseholders to      ments, training for Council mem-
          ways to incorporate denitrification   post a performance bond for             bers, update of the CRMC book of
          requirements into the respective      cleanup or removal upon termina-        regulations and the federal consis-
          regulatory programs. From these       tion or expiration of the lease.        tency procedures, additional en-
          efforts, the CRMC has made sev-       These changes have improved the         hancements to monitoring and en-
          eral program changes to stream-       efficiency and effectiveness of         forcement capabilities, inter-
          line the pen-nit process for repairs  Rhode Island's Coastal Manage-          agency communication and coor-
          to onsite sewage disposal systems     ment Program.                           dination, training for local offi-
          and adopted denitrification re-                                               cials about the coastal manage-
          quirements for a specified region               SUMMARYOF                     ment program and emerging
          of the Salt Ponds Special Area            EVALUATION FINDINGS                 coastal issues, general public out-
          Management Plan.                                                              reach on coastal issues, coordi-
                                                        Final evaluation findings,      nated coast-wide public access ef-
                   SIGNIFICANT                  issued on April 19, 1993, covering      forts, interagency coordination on
              PROGRAM CHANGES                   the period from May 1989 through        water quality certifications, and
                                                June 1992 cited the following as        financial assistance award and re-
                 OCRM          incorporated     major accomplishments: improved         porting requirements.

                                                                 192




                                                                       Rhode Island Coastal Management Program



                                Rhode Island, Connecticut complete interstate
                    management agreement to protect Pawcatuck River estuary
                        Rhode Island and Con-          the policy and management                      Subsequent to the Plan's,
                 necticut completed their three year   framework to improve coordina-         adoption, the Rhode Island CRMC
                 effort to develop the Pawcatuck       tion. The plan did so by setting up    issued a contract for monitoring
                 River Estuary and Little              several coordination mechanisms,       water quality in the estuary. The 1
                 Narragansett Bay Interstate Man-      including an interstate notice pro-    monitoring program will collect
                 agement Plan in July 1992. Pre-       cedure, interstate Memoranda of        data on dissolved oxygen, water'!
                 pared as a cooperative venture        Agreement, coordinated review          temperature, and salinity, and
                 between.the two states, the Inter-    for large-scale projects, and a        compare it to previous year's data.
                 state Management Plan was             Pawcatuck River Bi-State Com-          By monitoring water quality!
                 funded by Coastal Zone Manage-        mission.                               trends in the estuary, state and
                 ment Act interstate and implemen-                                            local agencies can continually im-
                 tation grants.                                The Interstate Manage-         prove management of the estua-
                                                       ment Plan also specified several       rine resources through future de-
                         Rhode Island and Con-         management regulations and ini-        cision making.
                 necticut enlisted the help of many    tiatives for each issue of concern.
                 interested people through a           For example, the plan included                 The CRMC also contracted
                 citizen's advisory committee,         policies that state and local gov-     out for aerial photography to iden-
                 which assisted in developing a list   ernments should: establish con-        tify submerged aquatic vegetation
                 of issues reflecting the public's     sistent minimum standards for          beds within the estuary. This in- @
                 concerns about the estuary. The       stormwater management; require         formation has been passed on to,
                 committee identified water qual-                                             the two states, the University of    I
                 ity, habitat protection and resto-                                           Rhode Island and the University!
                 ration, recreational uses, public         Better coordination allows         of Connecticut- Avery Point so
                                                           these different agencies to
                 access, open space, the protection                                           that it can be used in future stud-
                                                              implement consistent
                 of scenic values, and interstate co-         management policy               les and decision-making.
                 ordination as central issues. The
                 states studied these issues in more                                                  Finally, by including the'
                 depth, by collecting data on past     and promote the restoration of         entire  Pawcatuck River estuary
                 and current land use and devel-       wildlife habitats within the estu-     within its Management Plan's
                 opment trends, water quality sta-     ary; improve the use at existing       boundaries, the Long Island
                 tus, critical wildlife habitats, and  commercial boat ramps to increase      Sound Study may effectively co-
                 recreational use patterns and con-    the amount of small boat access;       ordinate and implement recom-
                 cluded with findings about the        and protect and increase physical      mendations in the Pawcatuck
                 management of resources and           and visual public access through       River and Little Narragansett Bay
                 uses of the estuary.                  adoption of common policies and        Management Plan - recommen-
                                                       standards.                             dations such as allowing dredged
                         The states also found that                                           material spoils from Rhode
                 project review lacked effective co-            Rhode Island's Coastal Re-    Island's marinas to be disposed
                 ordination among various review-      sources Management Council             within the New London Open-
                 ing agencies at all levels of gov-    adopted the Interstate Manage-         water disposal site. This allow-
                 ernment across state boundaries.      ment Plan on July 14, 1993. In         ance is important to Rhode Island
                 Better coordination would allow       Connecticut, the Plan has been         since the state's marinas need
                 these different agencies to imple-    implemented through the Depart-        dredging, but no open water dis-
                 ment consistent management            ment       of      Environmental       posal options now exist within
                 policy - the interstate manage-       Protection's regulatory programs       Rhode Island's waters.
                 ment planning process provided        and through municipal plans.

                                                                        193





          Narragansett Bay National Estuarine Research Reserve





                 panning 2,200 acres of land     Narragansett Bay Reserve. A de-                  Reserve staff released deer
          on Prudence, Patience, and Hope        sire to increase the organization's      management regulations for the
          Islands, and 2,750 acres of water      efficiency prompted this move.           1993/94 season. The regulations
          adjoining the islands, the                                                      encourage a higher take of deer
          Narragansett Bay NERR sits in                   Narragansett Bay NERR           this season to reduce the herd's
          the geographic center of               keeps growing. The reserve re-           risk from Lyme Disease, protect
          Narragansett Bay, only twelve          cently incorporated South Park, a        biodiversity and improve the over-
          miles from Newport, Rhode Is-          state-owned facility into reserve        all health of the herd. Deer hunting
          land. Diverse aquatic and terres-      boundaries, and in the process           has historically been allowed in
          trial habitats, providing nesting      gained significant new facilities.       the reserve's upland areas and con-
                                                 The park came equipped with              forrns with federal regulations gov-
              The Narragansett Bay               overnight accommodations for re-         eming habitat manipulation.
          Reserve, designated in 1980            searchers, operational piers and
             in theVirginian biogeo-             floating docks, a garage and work-               RESEARCH AND
          graphic region, now protects           shop complex, a naturalist kiosk           MONITORING PROGRAMS
                    4,950 acres.                 and nature trails.
                                                                                                  Research at the reserve has
          sites for numerous species of birds,            The reserve also acquired       grown in recent years. By 1992, 10
          are harbored on the islands. Soft-     454 acres in the center of Pru-          research projects were underway,
          shell clams, quahogs, lobster,         dence Island which was owned by          two of which were completely
          striped bass, black-back flounder      the Heritage Trust of Rhode Is-          funded by NOAA; only three were
          and sea trout thrive in the reserve's  land. This property is a key piece       ongoing before 1992. Brown Uni-
          tidal deepwater. On an occassional     in linking the north and south ends      versity, the University of Rhode
          winter day, harbor seals haul them-    of Prudence Islands with a con-          Island, the Department of Envi-
          selves out of the water to rest on     tinuous green corridor stretching        ronmental Management, and the
          the reserve's exposed offshore         the length of the island.                University of Connecticut were
          rocks. On the islands, visitors can
          use an extensive trail system to
                                                 The reservatrains, teachers in estuarine science using hands-on activities.
          reach the reserve's major ecologi-
          cal features. Since its creation in
          1980, the reserve has been man-

                                                                                          0
          aged by the state's Department of
          Environmental Management.                                                   M @2'-R!
                                                                                      Y
                                                                                   110
                     PROGRAM
              ACCOMPLISHMENTS

                                                         'M!
                 During the last two years,
          the Department of Environmental
          Management expanded the Divi
          sion of Fish and Wildlife to in-
          clude estuarine resources. This
                                                                                                          V
          new division, headed by Chief
          David Broden, is responsible for
          managing and operating the

                                                                  194





                                                             Narragansett Bay National Estuarine Research Reserve





                 some of the institutions conduct-               EDUCATIONAND                              SUMMARYOF
                 ing research at the reserve during          OUTREACH PROGRAMS                      EVALUATION FINDINGS
                 this period. Research included
                 studies of fish habitat use, assess-             SavetheBayis anon-profit               A routine program evalua-
                 ments of the Prudence Island habi-      conservation organization that co-      tion conducted in December, 1992,
                 tat, assessments of ecological risk     ordinates its activities with the re-   determined that the State was op-
                 of the former Prudence Island land-     serve. Save the Bay completed           erating and managing the reserve
                 fill on the biota of Nag Creek, and     successful workshops to train           satisfactorily and adhering to the
                 a comparison of ecology of five         teachers, involving them in on-         reserve's management plan. Final
                 types of marsh systems and atmo-        the-water sampling of the reserve's     Evaluation Findings commended
                 spheric depositions of chemical         waters, studying the Coggeshall         the State for its progress in three
                 contaminants.                           Cove salt marsh, and orientating        areas: the reserve's land acquisi-
                                                         them, through the reserve staff, on     tion and boundary expansion, the
                                                                                                 reserve's education program, and
                                                                                                 the reserve's research and moni-
                                                                                                 toring efforts.

                                                                                                                 Following recom-
                                                                                                 mendations, the state will update
                                                                                                 the reserve management plan; de-
                                                                                                 velop educational materials such
                                                                                                 as boundary maps and markers for
                                                                                                 use by the reserve visitors; im-
                                                                                                 prove the reserve Center's over-
                                                                                                 night accommodations for visit-
                                                                                                 ing researchers and add basic labo-
                                                                                                 ratory equipment at the Center.
                                                           A,
                                                                                                 The State will also establish a pro-
                                                                                                 g
                                                                                                   am to involve interested state
                                                                                                  r
                                                                                                 and local government agency de
                                                                                                       -makers and researchers in
                                                                                                 cision
                                                                                                 developing research priorities and
                                                                                                 disseminating the research results.
                         Working with the Pru-           the history and natural history of      The recommendation also called
                 dence Conservancy,the reserve's         the Narragansett Bay NERR. The          on the state to allocate adequate
                 on-site manager developed a suc-        reserve also offered a family re-       staffing to manage the reserve.
                 cessful volunteer monitoring pro-       search cruise as part of the
                 gram that focuses on water quality      Governor's Narragansett Bay Day.
                 monitoring and meteorology on           Both activities have increased vis-
                 Prudence Island. Results from the       ibility for the reserve.                             In 1993,
                 meteorology monitoring are being                                                the Narragansett Bay Reserve
                 written in a format that will edu-                                                operated on a budget with
                 cate reserve visitors.                                                            $110,000 in federal funds.



                                                                         195










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                                                North Inlet-Winyah Bay NERR



                                          ACE Basin NERR



                                                             197





          South Carolina Coastal Management Program





                  outh Carolina's coastal
          zone encompasses eight counties
          that contain "critical areas" - tide-
          lands, coastal waters, and beaches
                                                    ffig
          and dunes. The South Carolina
          Coastal Council (SCCC) manages
          activities in these critical areas
          through direct permitting author-
          ity and by holding certification
          authority in the eight coastal coun-
          ties outside the critical area. The
                                                                                                          :@2
          council also ensures that direct
          federal actions and permits, as well
          as the actions and permits of other
                                                                                              A
          state agencies are consistent with
          the state's coastal program. The
          South Carolina Coastal Council
          (SCCC) derives authority to direct      hazards by implementing the 198 8       hazardous coastal areas.
          the state's coastal management          Beachfront Management Act and
          program from the South Carolina         the 1990 Amendments to the Act.                 Wetlands Protection:
          Coastal Zone Management Act Of          The Act, as amended, regulates          South Carolina continues to ag-
          1977. Fourteen appointed mem-           construction on the oceanfront via      gressively use the federal consis-
          bers make up the SCCC, with mem-        setback requirements.                   tency provisions to protect fresh-
          bers serving on specialized com-                                                water wetlands in the eight coastal
          mittees.                                        A central issue in the Act's    counties. In contrast to other
                                                  implementation has been whether         coastal states, South Carolina re-
                  As a result of state agency     the Council's regulation of the         fused to certify the U.S. Army
          restructuring in the 1993 legisla-      beach critical area could result in     Corps of Engineers' nationwide
          tive session, the Coastal Council       an unconstitutional "taking." In        permit#26. This refusal allows the
          will become a part of the State's       Lucas v. South Carolina Coastal         SCCC to review even small pro-
          Department of Health and Envi-          Council, the state Supreme Court,       posed wetlands alterations for con-
          ronmental Control in July 1994.         on remand from the U.S. Supreme         sistency under SCCC's wetland
                                                  Court, ruled that the 1988 Act had      protection standards.
          South Carolina has 187 miles            temporarily taken Lucas' property.
                     of coastline,                A special permit process provided               Cumulative and Second-
             including estuaries, bays,           in the 1990 Amendments allows           ary Impacts: Using a section 309
                  rivers, and creeks.             property owners, such as Lucas, to      enhancement grant, South Caro-
                                                  build structures seaward of the         lina is developing a shellfish man-
                                                  baseline in limited circumstances.
                     PROGRAM                                                              Approved in September 1979,
               ACCOMPLISHMENTS                            The 1990 Amendments                     the state received
                                                  seem to insulate the Council from            $1,334,000 in FY91-92;
                  Hazards Protection: South future takings challenges, while                $1,787,800 in FY92-93, and
          S



































          Carolina continues to be a leader maintaining a progressive man-                     $1,767,800 in FY93-94.
          in mitigating the effects of coastal date that prohibits development in

                                                                   198




                                                                        South Carolina Coastal Management Program




                                                                                                                         -WIMIr,''
                                                                                        "RIA
                                                                                                            7
                                                                                       M10
                 agement plan that will help
                 strengthen state provisions that
                                                                                                                                  4-
                 protect shellfish from the cumula-
                 tive impacts of permitted activi-
                 ties. In its assessment, the state is
                                                                                                            %          "y
                 concentrating on two primary
                                                                                 W
                 sources of water quality problems:
                                                                                                                        =111*
                 stormwater runoff and faulty sep-                                                                                     Ilk
                 tic tanks. The state is also a pioneer                                                                       g
                 in the treatment of stormwater run-
                 off from bridges and golf courses.
                         Also under the Enhance-             Approximotel'v 504,000 acres ofcoastal marshes
                                                            are under thejurisdiciioii ofthe SCCC.
                 ment Grants Program, South Caro-
                 lina is monitoring the effective-
                 ness of stormwater "best manage-                   SIGNIFICANT                    Management Program. Several re-
                 ment practices" required in the               PROGRAM CHANGES                     finements to the state's enforce-
                 state's Guidelines for Stormwater                                                 able policies were also submitted
                 Management. Results of the moni-         During this biennium,1990                to OCRM and approved as pro-
                 toring effort will be used to revise     Amendments to the Beachfront             gram changes. One change de-
                 the Guidelines, which will later be      Management Act were submitted            fined a 3-yeartime period in which
                 adopted as regulations into the          and approved for incorporation           critical area delineations (where
                 state's program.                         into the South Carolina Coastal          the SCCC has direct permitting
                                                                                                   authority) are valid. This change
                         South Carolina shows leadersh'                                            is intended to make anyone using
                                                                                         IP        a subdivision plot aware that the
                                      in coastal protection                                        critical line drawn on the map may
                                                                                                   be out of date after three years.
                         South Carolina continues                 States presented their
                 to lead the nation in advocating         coastal hazards management pro-                    SUMMARYOF
                 protection of the oceanfront from        grams and exchanged ideas on                E VALUATION FINDINGS
                 coastal hazards. In July 1993, the       how state programs can protect
                 state hosted a Coastal Hazards           their shorelines from coastal haz-               The most recent evalua-
                 Conference attended by state             ards.                                    tion of the South Carolina Coastal
                 coastal hazards staff from the
                 Southeast Atlantic and Gulf Coast                The South Carolina               Management Program was con-
                 states, Massachusetts and Puerto         Coastal Council was celebrated           ducted in November 1993. Evalu-
                 Rico. Federal and regional repre-        as the premier coastal zone man-         ation findings will be issued in
                 sentatives from the Federal Emer-        agernent agency at OCRM's 20th           1994.
                 gency Management Agency,                 Anniversary awards celebration.
                 along with legislative staff from        The Council was chosen to re-
                 Capitol Hill, were on hand to dis-       ceive the Excellence in Coastal             Forty percent of the state
                 cuss the latest developments in          Zone Management award for its             coastline is held in trust as
                 legislation reforming the National       leadership and progressive ap-            parks or wildlife preserves;
                 Flood Insurance Program.                 proach to managing the coastal                50% is developed, and
                                                          zone and coastal resources.
                                                                                                         10% is undeveloped.

                                                                           199





          ACE Basin National Estuarine Research Reserve





                  he Ashepoo-Combahee-           Carolina Coastal Council serves        functional subcommittees were
          Edisto (ACE) Basin NERR, lo-           as the fiscal agent in acquiring       also organized and participated in
          cated about 45 miles south of          funds from NOAA and provides           setting goals for the reserve.
          Charleston, S.C., is one of the most   surveillance and enforcement to
          diverse and pristine estuaries on      ensure compliance with the coastal              PropertyAcquisition: The
          the East Coast of the United States.   management program.                    reserve used a combination of
          An array of maritime forests, tidal                                           funds from NOAA, private dona-
          swamps, marshes and associated                    PROGRAM                     tions, Memoranda of Understand-
          uplands provide valuable habitat            ACCOMPLISHMENTS                   ing, and National Coastal Wet-
          for seventeen rare or endangered                                              lands Acquisition funds to acquire
          species and over 500 species of                Management Plan:        The    Ashe Island (1,722 acres), Beet
          birds, mammals, reptiles, amphib-      Final Management Plan for the          Island (1,686 acres), and Otter Is-
          ians and plants. The area is used      ACE Basin NERR was completed           land (3,232 acres). With six of the
          mainly for wildlife and forest man-    and approved during this bien-         ten islands proposed for acquisi-
          agement, limited farming, and          nium. The reserve was designated       tion now included in the reserve,
          commercial and recreational fish-      on Aug. 27, 1992, with a designa-      the site now preserves 10,521
          ing. Cooperation among landown-        tion ceremony on Oct. 3, 1992.         acres. During 1993, the managers
          ers and private and public agen-                                              also made significant progress on
          cies has resulted in a multifaceted            Program Staffing: Staff for    acquiring a field station for on-
          initiative to protect and enhance      the reserve, including the reserve     site research and education. Staff
          critical wetlands and uplands in       manager, research coordinator,         members placed signs at key loca-
          the ACE Basin.                         education coordinator, and reserve     tions throughout the reserve to
                                                 biologist, was immediately as-         delineate boundaries.
                  South Carolina's Wildlife      sembled and began molding the
          and Marine Resources Department        site into a functional research re-
          manages the reserve. The South         serve. An advisory committee and

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                                                                200





                                                                          ACE Basin National Estuarine Research Reserve






                                                               AM
                                                                                                     W.
                          RESEARCHAND
                    MONITORING PROGRAMS
                                                                                            _0W
                                                                                            111r,
                          Managers designed             a
                  phased monitoring program for                      9
                  ACE Basin Reserve with a site
                  characterization, a long-term
                  monitoring program, and an analy-
                  sis of water quality and quantity
                  data to provide a better under-
                  standing of the estuary's re-
                  sources. As part of the site charac-
                  terization, reserve staff collated
                  existing data for the area and used
                  digital cartographic databases. The
                  South Carolina Water Resources
                  Commission used the state's geo-
                                                            Sen. Fritz Hollings visits the reservefor the opening of a new visitor's center.
                  graphic information system to es-
                  tablish a multi-layered database          and decapod crustaceans to assess                EDUCATIONAND
                                                            changes in species composition               OUTREACH PROGRAMS
                                                            and biomass across time and space
                  The reserve relied on $50,000             in the system. With the help of                   The reserve adopted a
                   in federal funding for FY92              South Carolina's Department of            hands-on approach to educating
                      and $109,000 for FY93.                Health and Environmental Con-             students, teachers and the general
                                                            trol, the reserve also analyzes in-       public in the field. During the bi-
                                                            formation on water quality, stream        ennium, the reserve initiated a pro-
                  for ACE Basin at a scale of               flow and fecal coliform.                  gram of educational cruises en-
                  1:24,000 from orthophotographs.                                                     titled "A Coastal Adventure"
                  Spatially referenced data layers                  The reserve and South
                  include soils, wetlands, land use         Carolina's Water Resources Com-            The reserve was designated
                  and land cover, environmental             mission completed ajoint research          in 1992 in Charleston, S.C.,
                  permits, historic and archaeologi-        project, compiling data on the cur-                the Carolinian
                  cal sites, timberlands, water qual-       rent wetland cover in the ACE                  biogeographic region.
                  ity, flood zones, geology, mining,        Basin reserve. This effort repre-
                  statewide rivers assessment, threat-      sented part of a large-scale project
                  ened and endangered species habi-         to evaluate long-term data sets in        onboard the 50-foot RN Anita.
                  tats, high quality natural areas, fish-   recommending a public policy              On the 2-hour outing, students con-
                  eries, water use and evaluation.          process to address natural resource       duct sampling using a variety of
                                                            values. The databases generated           techniques and procedures used
                          In order to obtain better         from this project will provide a          by marine scientists, collect es-
                  information on biological produc-         foundation for future research that       tuarine organisms, and discuss the
                  tivity in the reserve, reserve staff      focuses on how natural processes          general ecological concepts and
                  initiated a trawl survey in the tri-      and human activities in plant com-        life histories of those estuarine
                  river system. In the survey, data         munities can change landscape             organisms. Teachers collect speci-
                  are collected monthly on fishes           characteristics.                          mens for their classroom labora

                                                                             201





          ACE Basin National Estuarine Research Reserve




                                                 staff published a semi-annual          Carolina's geological formation,
          tories and aquaria and are given       newsletter entitled ACE Basin          so that they better understand the
          post-visit written materials to en-    Current Events. The staff also de-     relationship between historical de-
          hance the field experience.            signed a self-guided tour of the       velopment of coastal areas and
                                                 site's buffer areas, published in      economic trends,with current land
                  The "Marsh Classroom           Driving the ACE Basin.                 use patterns and the environmen-
          Adventure    ,   another of the                                               tal concerns that arise from coastal
          reserve's field-learning experi-               To expand educational Out-     development.
                                                 reach, reserve staff worked with
                                                 the South Carolina Dept. of Edu-                 SUMMARYOF
                 With 135,000 acres,             cation to include ACE Basin in the        EVALUATION FINDINGS
           the reserve is 60% complete.          South Carolina Maps curriculum
                                                 materials. These materials, used at             No evaluations were con-
                                                 several grade levels, are designed ducted during FY92 and FY93.
          ences, gives teachers an additional    to orient students with South
          hands-on experience with many
          biological and ecological con-
          cepts. The program prepares in-
          structors to use the marsh as an
          outdoor classroom. The reserve
          supplies each Marsh Classroom
          participant with a training manual
          for the program.
                                                                              ri
                                                                          44Q
                  ACE Basin reserve staff                                                      RE-1
          also took the reserve's outreach
          efforts outdoors, giving tours and
          outings in the ACE Basin to the
          Wildlife Society, the National
          Audubon Christmas Bird Count,
          local bird watchers clubs, South
          Carolina Garden Clubs, Sierra
          Club, Marine Educators Associa-
          tion, Boy Scouts, and other orga-
          nized groups. These activities took
          place as part of the state's                               PRO
          Coastweeks celebration and Na-
          tional Estuaries Day. A special
          tour of the reserve is given aboard
          a 46-foot pontoon boat, which can
          reach the shallows and shores of
          the outer barrier islands.


                  To keep the public abreast
          of issues facing the basin, reserve


                                                                 202





                                                         North Inlet/Winyah Bay National Estuarine Research Reserve





                           n Georgetown County,             an institution established to per-        ordinator, a temporary research co-
                   S.C. - with the crowded beaches          petually preserve and conserve the        ordinator, a research technician and
                   of Myrtle Beach 30 miles to the          environmental value of the site.          filled secretarial positions. With
                   south and the city bustle of Charles-    Through a long-term agreement,            the addition of a senior research
                   ton 50 miles to the north - lies a       the Baruch Institute manages the          scientist as a permanent, full-time
                   haven for the creatures of two           tidal wetlands and conducts re-           research coordinator, the reserve
                   massive estuaries. Threatened and        search and education programs to          staff will be at full strength.
                   endangered species, from sea             inform the community on marine
                   turtles to least tems to bald                                                                       Marine Lab Dedi-
                                                                  %
                                                                     11 t7a
                                                                  W
                   eagles, call the North Inlet-                                                                  cation: A community
                   Winyah Bay National Es                                                                         Celebration led by Sena-
                                                                                                                        Ernest (Fritz)
                   tuarine Research Reserve                                                                       tor
                                                                                                    or
                   home. The high salinity tidal                                                       A%@ it".   Hollings and top
                   marshes and creeks of the                                                                      NOAA officials in May
                   Reserve's northern half, the                                                                   1993 marked comple-
                                                                                                                  tion a 19,000-square-
                   North Inlet estuary, and the
                   brackish waters of Mud                                                                         foot marine research
                   B ay, a section of the Winyah                                                                  laboratory of the Uni-
                   Bay estuary in the southern                                                                    versity of South Caro-
                   half, create a rich, diverse
                                                                                                                  lina, which also serves
                   ecosystem. In fact, reserve                                                                    as headquarters for the
                   resources range from tidal                                                                     reserve. The new
                   and transitional marshes to               Aim                                                  Baruch Marine Field
                   oyster reefs and intertidal                                                                    Laboratory replaced
                   flats and from coastal is-                                                                     buildings lost to Hurri-
                   land forests to open water-                                                                 "M cane Hugo in 1989 and
                   ways. The reserve even sup-                                                                    re-established state-of-
                   ports a spectacular natural                                                                    the-art field research fa-
                   feature: the Pumpkinseed         @7                                                            cilities next to one of
                   Island bird rookery,                                                                           the most thoroughly
                   the largest nesting sites for                                                                  studied estuaries of its
                   wading birds in the entire                                                                     size in the world. Visit-
                   southeast United States.                 science. The Institute works with         ing scientists, students and the re-
                                                            the South Carolina Coastal Coun-          serve staff can take advantage of
                            Since this site was set aside   cil, the state coastal management         the lab's modem equipment, cur-
                   for research and education in Au-        agency, to protect and operate the        rent databases, and high-capacity
                   gust 1992, the University of South       reserve.                                  running sea water system.
                   Carolina's Belle W. Baruch Insti-
                   tute for Marine Biology and                          PROGRAM                               Management Planning:
                   Coastal Research has managed and              ACCOMPLISHMENTS                      The Institute prepared a Final En-
                   operated the reserve. The site in-                                                 vironmental Impact Statement for
                   cludes both state-controlled navi-                Program Staffing: In the         the reserve in May 1992 to show
                   gable waters and lands owned by first year of operation, the reserve               the impact that Federal manage-
                   the Belle W. Baruch Foundation, hired a manager, an education co-                  ment may have on the site's mul-
                                                                                                      titude of environmental resources.

                                                                             203





          North Inlet/Winyah Bay National Estuarine Research Reserve





          In October 1992, a Final Manage-                                                   AV
          ment Plan was published, estab-
          lishing the boundaries and details
          the research and education activi-
          ties which guide reserve manage-
          ment. Reserve managers also
          formed an advisory committee
          representing the diverse natural,
          public, and economic interests in                                  W4
          the estuaries, which met in Febru-
          ary and September of 1993.
                                                                                                 J.,
                 RESEARCHAND
                                                                                                   0@
           MONITORING PROGRAMS


                 Research and monitoring
          needs for the reserve took top pri-
          ority in the early stages of the
          program. Collaboration between
          many faculty and staff wfio have
          been conducting research in North
          Inlet Estuary for up to 20 years
          yielded recommendations for a
          long-term research and environ-
          mental monitoring program. Re-
          serve researchers continued to         managers -and      scientists with a      serve research that compares the
          regularly collect physical data on     yardstick to measure and watch            relatively pristine North Inlet to
          the water's chemistry, using a com-    the health of the North Inlet-            the disturbed Winyah Bay Estu-
          puterized meteorological station       Winyah Bay ecosystem, and pos-            ary, which shows the effects of
          and submersible monitoring sys-        sibly, of the coast itself.               coastal development on watershed
          tems, specifically looking at con-                                               ecology.
          centrations of nutrients, organics,             The data grows as reserve
          chlorophyll, and sediments, and        scientists scour databases of his-                In 1993 alone, scientists
          the water's biological populations,    toric and current information, cre-       and students found North Inlet-
          including zooplankton, nekton,         ated by academic, local, state and        Winyah B ay Reserve ideal for over
          benthos, plants, and birds. Such       federal agencies, searching for his-      40 research projects. Although
          monitoring efforts provide reserve     toric contaminant levels and the          most studies at the site are not
                                                 known physiological conditions of         supported by reserve funds, re-
                                                 important species. By assessing           serve staff participate in many.
          The North Inlet-Winyah Bay             these environmental -health fac-          Through this research, the reserve
          Reserve, designated in 1992,           tors, the reserve can concentrate         gains the information necessary to
           is located in Georgetown,             on research efforts that are cost-        achieve the program's goals. For
          S.C., part of the Carolinian           effective and beneficial to               instance, cur-rent studies at the site
              biogeographic region.              decisionmakers. For example,              may tell how contaminated sedi-
                                                 coastal managers benefit from re-         ments affect fish feeding; how

                                                                  204





                                                        North Inlet/Winyah Bay National Estuarine Research Reserve





                   sending freshwater and nutrients        segments of the public to the na-      ther, the reserve sponsored work-
                   from the land into an estuary af-       ture, goals, and research activities   shops to give teachers the infor-
                   fects the life in that tidal system;    of the North Inlet-Winyah Bay          mation and material to bring the
                   what happens when fish and other        Reserve in layman's terms. Visit-      estuary into their classrooms. Re-
                   estuary animals disturb pollutants      ing community groups received          serve educators worked closely
                   that settle in estuary mud; how         illustrated slideshows and toured      with the South Carolina Board of
                   contaminants entering an estuary        the facilities and habitat. The re-    Education and local school boards
                   impact the ability of some animals      serve even sponsored an "open          to heighten visibility of the re-
                   to detect their food, and how pes-      house" to give people a chance to      serve program. The education sub-
                   ticides move up the food chain,         interact with scientists and see       committee of the reserve's advi-
                   from plants to fish, birds and hu-      marine organisms first-hand from       sory committee planned a strategy
                   mans.                                   a microscope.                          for communicating reserve goals,
                                                                                                  information, and resources to the
                                                                   Special programs for           public.
                            At 9,080 acres,                youngsters proved especially
                      the reserves has already             popular and an effective way to
                            reached 100%                   instill an understanding and a re-        The reserve operated using
                         acquisition status.               spect for environment, particularly       $70,000 in federal funding
                                                           estuarine ecosystems. The Nature                during FY92 and
                                                           for Young Explorers and Coastal              $117,000 during FY 93.
                                                           Ecology Classes for Children
                          EDUCATIONAND                     courses, given over the summer of
                      OUTREACH PROGRAMS                    1993, provided structured educa-                As part of the plan to en-
                                                           tional experiences. Yet reserve        hance coastal education and out-
                           A spectrum of educational       educators were not satisfied with      reach, the reserve developed a trav-
                   programs, courses, field trips, lec-    reaching only these few children.      eling display, exhibits for the head-
                   tures, and meetings introduced all      Taking the concept one step far-       quarters lobby, slide shows, and
                                                                                                  printed materials. Staff members
                                                                                                  also initiated a volunteer program
                                                                                                  by sponsoring an organized Marsh
                                                                                             J2
                                                                                                  Litter Sweep and encouraging vol-
                                                                                                  unteers to participate in construc-
                               6K
                                                                                                  tion of a salt marsh boardwalk.
                                                                                                  Interpretive signs and field study
                                                                                                  programs will be developed dur-
                                                                                                  ing the construction      to explain
                                                                                                  important sites along the walk.


                                                                                                            SUMMARYOF
                                                                                                      EVALUATION FINDINGS


                                                                                                           No evaluation of the North
                                                                                                  Inlet-Winyah B ay NERR was con-
                                                                                                  ducted during the biennium.


                                                                           205
















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                                                         206






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                           207





          Virgin Islands Coastal Zone Management Program





                       a small island system,              As the lead agency, DPNR                     PROGRAM
          the entire Territory of the Virgin       exercises direct territorial control          ACCOMPLISHMENTS
          Islands is part of the coastal zone.     in administering the VICZMP. The
          To manage and balance the re-            Department approves or denies all                Vessel MooringlHarbor
          sources of this system, a compre-        earth change permits and minor           Management: In November 1992,
          hensive coastal zone management          coastal zone management permits          the Virgin Islands adopted com-
          program was established under the        and enforces the implementation          panion regulations to "The Moor-
          Virgin Islands Coastal Zone Man-         of the major and minor coastal           ing and Anchoring of Vessels and
          agement Act of 1978. The Virgin          permits, including conditions            Houseboats Act." The regulations
          Islands Coastal Zone Management          placed on those permits. DPNR            provide the necessary guidelines
          Program (VICZMP), boused in the          also processes all building, plumb-      to implement and enforce the Act.
          Department of Planning and Natu-
          ral Resources (DPNR), directly                The U.S. Virgin Islands                     Habitat Protection: In Feb-
          manages development activities on            coastalprogram received              ruary 1992, President Bush signed
          the offshore islands and cays and        federal approval in June 1979.           into law an act designating Salt
          within the first tier of the program's                                            River as a national historical park
          two-tierboundary structure, which        ing, and electrical permits. Major       and ecological preserve. Among
          is a relatively narrow coastal strip     CZM permits are issued by a five-        its many unique features, Salt River
          on the three major islands. The          member Coastal Zone Manage-              contains the largest remaining
          program accomplishes this through        ment Committee appointed by the          mangrove forests in the U.S. Vir-
          a comprehensive system of major          Governor for each of the three           gin Islands and includes a variety
          and minor coastal zone manage-           major islands. Together, the three       of tropical marine and terrestrial
          ment (CZM) permits. A separate           committees constitute the Coastal        ecosystems. There is also evidence
          set of laws and permits control          Zone Management Commission,              of human habitation by the Taino,
          activities within the second tier,       which promulgates rules and regu-        Caribs, Dutch, African, French,
          which includes the interiors of the      lations and provides policy direc-       Spanish, and English. Salt River is
          three major islands.                     tion and leadership on coastal man-      the only documented site in the
                                                   agement issues.                          United States where Christopher
                                                                                            Columbus landed. This is the first
                              RD X                                                          national park to be managed by
                                                                                            federal (National Park Service) and
                                                                                            local governments through ajoint
                                                                                            commission. To date, no funds
                  .. . .......
                                                                                            have been appropriated for imple-
                                              A
                                                                                            mentation.


                             R@N`Mi
                                          u
                              F                                                                     Areas of Particular Con-
                                                                                            cern:  In September 1993, the
                                         'E,
                                                                                            Coastal Zone Management Com-
                                                                                            mission approved planning docu-
                                                                                            ments and boundary maps for 18
                                                                                            Areas of Particular Concern and
                                                                                            Areas for Preservation and Resto-
                                                            iapidhk@@a                      ration (APCs). The maps and plans

                                                                   208




                                                                Virgin Islands Coastal Zone Management Program





                were completed over a two year
                period by DPNR with assistance
                from Island Resources Founda-
                tion, the University of the Virgin
                Islands, and Sea Grant, and sub-
                stantial input from the public. The
                plans and maps have been submit-
                ted to the Office of the Governor
                with a recommendation for desig-
                                                                        OR
                nation by the Virgin Islands Leg-
                islature as required by the Virgin







                                                                   SUMMARYOF                   mine the training needs of DPNR
                                                            EVALUATION FINDINGS                staff, CZM commissioners         and
                                                                                               BLUA members; consider insti-
             'N                                                OCRM issued final evalu-        tuting a single-tier management
                                                           ation. findings for the Virgin      approach; expedite revisions to the
               ql,
                                                           Islands on Jan. 20, 1992 for        proposed subdivision ordinance;
                  'A'
                                                           the period of March 1989            update standards and guidelines
                                                   @vp
                                                           through June 1991. Accom-           for major and minor permits; im-
                                                           plishments cited include: tech-     prove implementation and enforce-
                                                                     istance provided by       ment of the Virgin Islands envi-
                Islands Coastal Zone Management        the coastal program in the wake of      ronniental laws; review review the
                Act.                                   Hurricane Hugo, general assis-          composition and responsibilitiesof
                        Coastal Hazards: In 199 1,     tance provided to permit appli-         the Board of Land Use Appeals as
                the VICZMP completed a major           cants, and more specifically to the     well as the technical and legal sup-
                study entitled "Hugo's Coastal         public; and implementation of a         port for the Board ; designate Ar-
                Impacts: Damage, Recovery, and         civil fine system that improved         eas ofParticular Concern and adopt
                Revival of the Territorial Park Sys-   monitoring and enforcement.             and implement management plans;
                tem." The study included damage                                                and coordinate with territorial
                assessments for existing and po-               As a result of its evalua-      agencies of coastal zone manage-
                tential park sites caused by Hurri-    tion, NOAA recommended that             ment issues and initiatives. The
                cane Hugo; recovery recommen-          the Virgin Islands fill all program     VICZMP has taken steps to ad-
                dations; and land acquisition and      vacancies expeditiously; deter-         dress these recommendations.
                facilities options and costs.

                         SIGNIFICANT                                      Coastal Program Funding
                    PROGRAM CHANGES                                          3061306A        309            6217
                                                                   FY92: $441,000           $49,000           -
                       No program changes were                      FY93:    $489,333       $126,000        $42,000
                submitted during the biennium.
                                                                        209



























































































                                                           210









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                                    Chesapeake Bay-VA NERR







                                                      211





            Virginia Coastal Resources Management Program





                    irginia's coastal zone in-     ing the Bay. The strategies call for             Public Access: Over the
            cludes all of Tidewater Virginia,      evaluating nutrient problems in         past two years, Virginia's coastal
            as defined in Virginia Code, and       individual rivers and customizing       program has helped to acquire 95 0
            all coastal waters under Virginia      solutions for the individual river      acres of coastal property for pub-
            sovereignty, extending to the three    basins. The six basins Virginia are:    lic access and/or habitat protec-
            mile outer limit of Virginia's terri-  the      James,       York        and   tion and helped to contruct nine
            torial waters. Eighty-seven juris-     Rappahannock rivers, the smaller        coastal access facilities using
            dictions - cities, counties, and       coastal basins on the mainland and      coastal management funds.
            towns - lie within the coastal         the eastern shore, and the Virginia
            zone. Since Virginia's waters in-      portion of the Potomac River.                    Habitat        Protection:
            clude a large portion of the Chesa-                                            Virginia's coastal     program has
            peake Bay, and even more of the                 The tributary strategies are   helped the state's Marine Re-
            state's land area affects the Bay,     intended to improve water quality       sources Commission create a
            Virginia is a major participant in     and protect living resources in         county-by-county permit inspec-
            the interstate effort to protect the   Virginia's rivers, coastal areas and    tion and compliance program. This
            Bay and its resources.                 the Chesapeake Bay by reducing          became particularly significant as
                                                   nitrogen and phosphorus coming          the Commission gained legisla-
                   The Virginia Coastal Re-        from agricultural and urban land        tive authority to issue civil charges
            sources Management Program             uses and industrial and municipal       and penalties for non-compliance.
            (VCRMP) networks existing state        wastewater treatment facilities.
            laws and authorities. The program
            is implemented through monitor-                 Local En-
            ing and coordination with state        vironmental Plan-
            agencies and local governments,        ning Assistance:
            with the Department of Environ-        Virginia's coastal
            mental Quality (DEQ) as its lead       program devel-
            agency for administration. The         oped and has be-
            VCRMP resides in DEQ's Divi-           gun distributing a
            sion of Intergovernmental Coor-        Permit Guide for
            dination.                              Business and In-
                                                                                                    'A
                                                   dustry. Program
                       PROGRAM                     staff designed this
                ACCOMPLISHMENTS                    technical assis-
                                                   tance guide to help
                    Water Quality: Virginia,       business and in-
            along with other Chesapeake Bay        dustry develop                                      '4:
                                                                                                         77
            states, has adopted a tributary ap-    permit applica-
            proach designed to reduce excess       tions, which ulti-
            nutrient loadings in the Bay. In       mately          will
            September, 1993, the Chesapeake        streamline the per-
            Executive Council issued direc-        mit process as
            tives supporting the program's         called for in the
                                                                                          1@0
            "Tributary Strategies" to speed        CZMA.
            reduction of pollutants from both
            point and nonpoint sources enter-

                                                                     212





                                                               Virginia Coastal Resources Management Program





                                                           R       4,1PA"
                                                                  j;           g
                                                                   Aff @11I
                           coastol
                     management
                    prog              seeks
                                                                . . . . . .........
                          Wanl
                 poflution reduction
                                                                                                  01T
                       As part of an agreement
               between Virginia, Maryland,
                                                                                                        F
               Pennsylvania the District of Co-
               lumbia and federal agencies,
               coastal management experts in
               Virginia are seeking ways to re-
               duce nutrient loadings in the
               tributary branches of the Chesa-
               peake Bay 40% by the Year 2000.

                       To tackle nutrient prob-
               lems in the Virginia portion of the              SIGNIFICANT                           The evaluation findings
               Potomac River, coastal managers             PROGRAM CHANGES                    recommend that Virginia: as a part
               sponsored two tributary meetings                                               of reorganizing the Council on the
               for local residents and are pro-               No significant program          Environment into the Department
               ducing a discussion paper on pos-      changes were approved during the        of Environmental Quality, place
               sible nutrient reduction methods.      reporting period.                       the VCRMP within the Office of
               Managers plan three additional                                                 the Director to assure more effec-
               public meetings after the publica-               SUMMARYOF                     tive implementation of the state's
               tion of the paper in late June.
                                                         EVALUATION FINDINGS                  program; clarify Virginia's fed-
                       Tributaries below the                                                  eral consistency procedures; in-
               Chesapeake Bay present a differ-               Final evaluation findings,      corporate the Chesapeake Bay Pro-
               ent problem for the nutrient re-       issued  September 3, 1992        indi-  tection Act into Virginia's coastal
               duction project because of the         cated that the Virginia is satisfac-    program; develop procedures for
               hydrology of the area.                 torily implementing and enforc-         Virginia's Marine Resources Com-
                       Coastal managers are           ing the VCRMP, addressing the           mission to monitor compliance
                                                      Coastal Zone Management Act's           with wetlands, dunes, and sub-
               working with the U.S. Environ-         coastal management needs, and           aqueous permits; work with the
               mental Protection Agency's             adhering to the terms and condi-        State Water Control Board to
               Chesapeake Bay Program to de-          tions of its financial assistance       implement the Virginia Water Pro-
               termine nutrient reduction goals       awards. Virginia's program made         tection Permit regulations; and
               appropriate for these lower Vir-
               ginia rivers.                          accomplishments--.in-Ae-v-eloping       submit several program changes
                                                      and implementing new authorities        to OCRM. Virginia's program has
                                                      to levy civil fines for violations of   worked to meet these recommen-
               In FY92 and FY93, thefederal           the Wetlands and Subaqueous             dations and required actions.
                  government contributed              Lands Act and strengthening the
                $2,323,000 and $2,292,000,            Barrier Island Policy of the Coastal            NOAA approved the
                   respectively, to Virginia          Primary Sand Dunes/Reaches                   Virginia coastalprogram
                coastalprogram operations.            Guidelines.                                      in September 1986.

                                                                       213





           Chesapeake Bay, VA, National Estuarine Research Reserve





                   he Chesapeake Bay Na-          gram, the reserve program can                   Outreach Exhibit: The re-
           tional Estuarine Research Reserve      work to develop cooperative and        serve completed a new traveling
           in Virginia has been established as    complimentary programs.                exhibit in November 1992. The
           a multiple component site, with                                               exhibit has been displayed at pub-
           components representing the lower                  PROGRAM                    lic meetings on the reserve's ex-
           estuarine, the transition and the           ACCOMPLISHMENTS                   pansion, the Virginia Marine Sci-
           tidal freshwater zones of each of                                             ence Museum in Virginia Beach,
           the major river basins - James,                Research Fellow: The first     the Science Museum of Virginia
           York, Rappahannock, and                National Sea Grant/SRD graduate        in Richmond, and at the Virginia
           Potomac - and representing the         fellowship was awarded to Mr.          Wesleyan College in Norfolk.
           main stem of the Chesapeake Bay        Chris Buzzelli, a Ph.D. candidate
           and its embayments. To date, the       in the School of Marine Science of             Volunteer Programs:
           state has designated four compo-       the College of William and Mary.       Virginia's Chesapeake Bay reserve
           nents extending from the Mobj ack/     Chris will pursue work on micro-       has established a strong volunteer
           Seaford embayment at the mouth         bial production in vegetated and       program to support monitoring and
           of the York River to a tidal fresh-    nonvegetated submerged bottoms         research in the York River Com-
           water site on the Pamunkey River.      at Goodwin Islands. Mr. Lawrence       ponent. The reserve estimates that
                                                  Libelo, another graduate student       volunteers donated 3,684 hours
                   These four components          in the School of Marine Science,       during this biennium serving the
           contain tidal salt and freshwater      has been focusing on groundwater       site. For EarthWatch, ten teams,
           marshes, submerged aquatic veg-        effects in coastal areas, and much     each with three to five volunteers,
           etation, upland forests, beaches,      of this work has been also done on     spent a week helping with the
           mud flats and open water habitats      the Goodwin Islands Component.         reserve's long-term marsh plant
           across a broad range of salinity
           levels. Goodwin Island, at the
           mouth of the York River repre-
           sents a polylialine salinity regime;
           Catlett Island, about 19 miles above
           the mouth of the York, represents
           a mesohaline regime; Taskinas
           Creek represents the oligohaline
           transition zone and Sweet Hall
           Marsh represents a tidal freshwa-
           ter regime.

                   The Virginia Institute of
           Marine Science (VIMS) of the Col-
           lege of William and Mary, a major
           estuarine and coastal oriented ma-
           rine    laboratory,       manages
           Virginia's Chesapeake Bay
           NERR. Since the reserve's head-
           quarters is located with the princi-
           pal components of the Virginia
           Sea Grant Marine Advisory Ser-
           vice and Marine Education Pro-
                                                                      214




                                                      Chesapeake Bay, VA, National Estuarine Research Reserve




                                                                  RESEARCHAND
                studies. Another team of volun-            MONITORING PROGRAMS                    49 different researchers from ten
                teers from the Alliance for the                                                   institutions tookpart in the projects,
                Chesapeake Bay collects water                    Virginia's Chesapeake            which covered: oxygen produc-
                quality samples weekly from all of       Bay reserve initiated a vigorous         tion in submerged aquatic vegeta-
                the York sites to assist with the        and growing research program on          tion (SAV), water quality moni-
                reserve's monitoring program.            the York River components,               toring, associations betweeu oys-
                Teams of volunteers, totalling 240       funded by federal, state and pri-        ters and submerged aquatic veg-
                individuals, have collected debris       vate sources. Scientists interested      etation; studies on bird, fish, and
                quarterly at the Goodwin Islands         in using the reserve have success-       crab populations; predator-prey re-
                and Catlett Islands, adding to what      fully competed for federal funds         lationships; reproductive ecology
                is now a three year record of ma-        through OCRM. OCRM funded                of sea grasses; and the use of re-
                rine debris from these components.       two competitive awards for re-           serves as control sites for pollu-
                Volunteers also continually con-         search focused primarily in              tion studies.
                duct a bird census program at all        Virginia's Chesapeake Bay reserve
                four York River sites.                   sites through the national NERRS                  The two projects funded
                                                         research program.                        through the National Estuarine Re-
                        Resource Inventory: Re-                                                   search Reserve program are stud-
                serve staff completed a survey of                                                 ies on the interaction between oys-
                historic and prehistoric archaeo-                                                 ters and submerged acquatic veg-
                logical sites on the Catlett Islands
                                                                                                  etation and impacts on water qual
                and adjacent Timberneckfarm dur-                                                  ity, and nutrient exchange in SAV
                ing this blennium. This survey
                                                                                                  and the role of vegetated and non-
                became the basis for an archaeo-                                                  vegetated areas in the nitrogen
                                                                                         '1,A14
                                                                                         11@11;
                logical and historic development                                                  cycle. Both are important processes
                plan for the area.                                                                in the estuarine ecosystem.

                        Nomination Package for                                                             An endowment has been
                Designation: Working towards                                                      established to support undergradu-
                designation of additional compo-                                                  ate research grants for work at
                nents within the Chesapeake B                                                     sites within Virginia's Chesapeake
                                                                          Citi7ei
                estuary, the reserve completed a                              . . ......M         Bay NERR. Any undergraduate in
                nomination package for expansion                                                  a Virginia public or private col-
                of the Chesapeake Bay NERR in                     Twenty-five diverse re-         lege may receive these grants,
                Virginia into the Potomac,               search or monitoring projects were       which are not restricted to natural
                Rappahannock and Piankatank              underway at the York River com-          science majors. The first competi-
                River and forwarded the package          ponents during the biennium. An-         tive awards from this grant will be
                to the Governor's Office for state       other three projects were being          awarded in Fiscal Year '94. Funds
                and local agency review.                 conducted at potential sites in the      from the endowment have already
                                                         Potomac and Rappahannock Riv-            supported a survey of amphibians
                                                         ers. Among the projects were a           and reptiles at a potential
                                                         broad range of physical, chemical,       Rappahannock River component,
                  The reserve operated using             andbiological studies of saltmarsh
                   $110,00 in federal funding            and estuarine processes and a study        The reserve was designated
                    in both FY92 and FY93.               of the pre-colonial and colonial             in 1991 in the Virginian
                                                         archaeology of one site. At least              biogeographic region.
                                                                      215





           Chesapeake Bay, VA, National Estuarine Research Reserve





                                                                                        ment of State Parks, at the
           Computer Networking Brings Research                                          Taskinas Creek Component in
               and Education to Virginia Schools                                        both,1992 and 1993. In 1992,
                                                                                        1,300 people attended; 1,400 at-
                   Feats of modern technol-     available by the reserve via the        tended in 1993.
           ogy link Virginia teachers to the    network. The reserve also pro-                  The reserve supports in-
           state's Chesapeake Bay National      vides suggestions on how the in-
           Estuarine Research Reserve.          formation can be incorporated           service and summer training for
                                                into classroom activities.              teachers in network communica-
                   The reserve uses two edu-                                            tions, and the use of spreadsheets
           cational computer networks to                 These networks, part of a      and other computer tools to ana-
           bring estuarine education to stu-    national program called Learn-          lyze and interpret data. Data on
           dents in kindergarten through        ing Link, are available to all pub-     water quality , bird census, plant
           12th grade.                          lic schools and interested private      distribution, and data from the
                                                schools throughout the state            debris monitoring program are
                   Through these networks,      through a partnership with the          now on the system. Reserve staff
           the reserve shares information       Consortium for Interactive In-          update water quality data files
           on research and monitoring con-      struction.
           ducted at the reserve's four com-                                            weekly and update other data files
           poinents.                                     In Virginia, the State De-     at appropriate intervals.
                                                partment of Education supports
                   Teachers can incorporate     the network, which is managed                    SUMMARYOF
           the data files, supporting text,     by Public Broadcasting Station            EVALUATION FINDINGS
           and graphic materials made           WHRO.
                                                                                                No evaluation of the
           conducted by an undergraduate        ies Day celebration, held in con-       Chesapeake Bay, VA., NERR was
                                                                                        conducted during the biennium.
           from Mary Washington College         junction with the Virginia Depart-      The next evaluation is scheduled
           through a non-competitive grant.                                             for June 1994.

                                                                                        Boy scout coastal cleanup
                 EDUCATIONAND
              0 UTREA CH PR 0 GRAMS


                  The Chesapeake Bay
           NERR in Virginia educates the
           general public through its news-
           letter "A Fair Bay" with 1500 sub-                           T
           scribers, a traveling exhibit, and
           presentations made by the reserve
           staff, and other initiatives. The
           reserve hosted Virginia's Estuar-


           Although the reserve protects
           4,434 acres, managers hope to
            add three new components
                   to the reserve.

                                                                    216



















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                                                 Padilla Bay NERR






                                                            217





           Washington Coastal Zone Management Program





                           ashington was the          PROGRAM
           first state to receive federal ap-      ACCOMPLISH-
           proval of a coastal management               MENTS
           program. The Washington Coastal
                                                                                                  @-i A,
           Zone Management Program                          Wetlands
           (WCZMP) is based on the state's        Protection: Ecol-
           Shoreline Management Act of            ogy published Re-
           1971, which established broad          storing Wetlands in
           guidelines for the protection and      Washington,         A
           management of all the state's          Guidebook for
           shorelands, marine waters, and cer-    Wetland Restora-
           tain lakes, streams and wetlands.      tion, Planning and
                                                  Implementation.
                  The state's Department of       Acknowledging
           Ecology (Ecology) serves as the        that the regulatory
           lead agency for Washington's           or non-regulatory
           Coastal Program. This partially        context of a resto-
           networked program involves mul-        ration project may
           tiple state agencies, 15 counties,     affect the process,  the report de-     related to wetland buffer use and
           and 36 cities.                         scribes the concepts and proce-         effectiveness. Wetland Mitigation
                                                  dures of wetland restoration which      Banking discusses planning con-
                  The state Shoreline Man-        can be applied to both the creation     sideration and general guidelines
           agement Act (SMA) provides the         and enhancement of wetlands.            for potential mitigation bank
           primary authority to plan and regu-    Although this document focuses          implementation.
           late the state's coastal zone. Cities  primarily on the restoration of
           and counties play leading roles in     freshwater wetlands, the inforrna-              Coastal Hazards: Ecology
           managing shorelines. The state         tion also covers estuarine systems.     published two manuals to assist
           provides overview and support.                                                 owners and contractors in address-
           Local actions are guided by lo-                Ecology also produced           ing coastal erosion. Slope Stabili-
           cally-developed, state-approved        three reports to assist efforts by      zation and Erosion Control Using
           shoreline master programs              the Washington State agencies and       Vegetation describes general soil
           (SMPs). The coastal zone bound-        local governments developing            bioengineering practices using
           ary encompasses all 15 coastal         policies and standards for a com-       vegetation to control erosion and
           counties bordering Puget Sound         prehensive wetlands protection          help stabilize slopes. Vegetation
           and the Pacific Ocean.                 program. Wetland Mitigation Re-         Management: A Guide for Puget
                                                  placement Ratios: Defining              Sound Bluff Property Owners fo-
                                                  Equivalency summarizes and as-          cuses on vegetation management
                                                  sesses information on wetlands          during site development with an
              The Washington Coastal              mitigation in an effort to learn        emphasis on reducing the hazard
           Program, federally approved in         more about replacement ratios           of surface and mass soil erosion.
           June 1976, relied on $2,448,000        necessary to offset losses in wet-      Ecology also sponsored a series of
            in federalfunds during FY92           lands acreage and function due to       technical bioengineering work-
              and $2,370,000 in FY93.             filling and other wetlands impacts.     shops, built mobile displays, and
           W















































                                                  Wetland Buffers: Use and Effec-         produced brochures for specific
                                                  tiveness summarizes information         audiences such as highway engi-

                                                                       218





                                                                   Washington Coastal Zone Management Program





                  neers and others to "market" the        funds, matched by the local gov-         tinuing to address coastal impacts
                  concept of using natural vegeta-        ernments, resulted, in three new         through the Growth Management
                  tion to control riverside erosion.      access projects at the coast. Each       Act and the Shoreline Manage-
                                                          projectis handicapped-accessible.        ment Act. Ecology began early to
                          Public Trust: Ecology used                                               assist the local governments to
                  coastal management funding to                   Erosion Management: As           ensure adoption of growth man-
                  organize the Washington Public          part of Washington's section 309         agement policies and regulations
                  Trust Doctrine Symposium (No-           coastal erosion management strat-        that support and strengthen their
                  vember 18,1992) andpublishpro-          egy work task, Ecology completed         SNLA, Plans.
                  ceedings of the symposium as well       three technical studies: an inven-
                  as a videotape. Ecology provided        tory and characterization of shore-
                  funds to a professor at the Univer-     line armoring devices; engineer-         Rod Mack, program manager of
                  sity of Washington Law School           ing and geotechnical standards for        the Washington Shorelines &
                  whose work resulted in a Wash-          shoreline erosion management;              Coastal Zone Management
                  ington Law Review Article, "The         and physical effects of shoreline         Program since 1975, retired
                  Public TrustDoctrine and Coastal        armoring. These studies provide              Dec. 31, 1993, from the
                  Zone Management in Washington           the foundation for revising the              Department of Ecology.
                  State.                                  Shoreline Management Act's poli-
                                                          cies to guide shoreline armoring                 Orion Law Suit. Ecology
                          Public Access: Ecology          and the use of other stabilizing         negotiated a settlement agreement
                  continues to increase public ac-        techniques.                              with the Orion Development Cor-
                  cess in the coastal zone by funding                                              poration transferring some 8, 000
                  local entities' projects through sec-           Growth Management:               acres to the Padilla Bay National
                  tion 306A, low cost construction        Through the CZMA Enhancement             Estuarine Research Reserve. The
                  funds. The $77,500 of federal           Grant program, Ecology is con-           purchase closed a 12-year legal
                                                                                                   conflict which included a major
                                                                                                   state Supreme Court decision re-
                                                                                                   affmning the right of the public to
                                                                                                   protect aquatic resources held in
                                                                                                   the public trust.

                                                                                                           Public Education: Ecol-
                                                                                                   ogy, along with public, private
                                                                                                   and corporate sponsors, organized
                                                                                                   and planned Coastweeks, an an-
                                                                                                   nual celebration of the coastal
                                                                                                   zone. During Coastweeks '92 and
                                                                                                   '93, some 31,000 and 43,000
                                                                                                   people, respectively, attended
                                                                                                   more than 200 participatory shore-
                                                                                                   line activities including beach
                                                                                                   clean-ups, watershed tours, storm-
                                                                                                   drain stencilling, hazardous waste
                                                                                                   roundups.
                  The CZM grant program payedfor planning, blueprints, and some construction
                  of an oceanfront boardwalk that protects dunes while providing public access.
                                                                      219





             Washington Coastal Zone Management Program





                       Shellfish Protection: State                  SIGNIFICANT PROGRAM                                          SUMMARYOF
            grants to local governments,                                        CHANGES                                 E VAL UA TION FINDINGS
            matched with coastal zone funds,
            are successfully controlling                                  Washington's coastal man-                            No evaluation was con-
            nonpoint pollution in watersheds                    agement program has completed a                     ducted during the biennium. The
            draining to shellfish growing ar-                   draft revision of its program docu-                 program was evaluated in Decem-
            eas. Burley Lagoon, closed to har-                  ment and is scheduled to submit                     ber 1993. Evaluation findings will
            vesting in 1981, was reopened.                      the final revised document this                     be issued in 1994.
            Four other commercial and recre-                    year.
            ational shellfish areas also re-
            opened or were upgraded during
            this period.
              Local grants allow counties to help the coast
                      Where do federal dollars for coastal      every year by the U.S. Army Corps of Engi-          training. In return, volunteers commit to at
            management land? For the past 18 years,             neers. This clean sand is used for building         least 50 hours of service monitoring local
            some federal funds awarded tothe State of           roads, docks, boat launches and public parks.       beaches and education community members.
            Washington land in the hands of local gov-          The space now used to store the massive             Graduates from past Beach Watchers train-
            ernments for "grassroots" coastal projects.         material, however, is scheduled to become a         ing programs averaged more than 120 hours
                                                                public park, forcing city planners to find a        of volunteer service.
                      In 1993, for example, the Wash-           new home for the dredged spoils. With the
            ington State Department of Ecology's                grant, city officials and an advisory group can                Summer visitors to the Port
            Shorelands Program awarded 22 Coastal Zone          develop a new action plan for material dis-         Towsend    Marine Science Center took free
            Management (CZM) grants totalling more              posal and storage.                                  guided beach tours with skilled naturalists,
            than $300,000 to support planning for water-                                                            thanks to a $5,340 CZM grant. The grant to
            front development, public access, and shore-                  The funds are also used to improve        Jefferson County provided a series of educa-
            line resource protection in 14 counties.            or add public facilities along the shore. The       tional beach walks at the center, located in
                                                                Department of Ecology awarded a $40000              Fort Worden State Park. Through these walks,
                      The predominate theme for 1993            grant in 1992 to the Grays Harbor County            visitors learned about local marine biology,
            grants was integrating shoreline management         Chapter of Trout Unlimited to study and             geology and hydrology, in addition to his-
            into the policy, planning and regulatory ac-        build a picnic shelter, boat launch, and            toric human uses and enviornmental regula-
            tivities required by the state's Growth Man-        restrooms, creating the first handicapped-          tion of the coast.
            agement Act. Under this theme, local gov-           accessible facility on the Washington shore-
            ernments used grants to improve public ac-          line. In 1993, the chapter received $15,000                    The funds also aid researchers by
            cess to the shore; to integrate coastal man-        top study the feasibility of adapting the facil-    providing facilities. Port of Willapa Harbor
            agement administration; to restore fiverfronts,     ity from a day to an overnight site. The 1993       planners received a $15,000 CZM grant to
            estuaries and eroded bulkheads; for construc-       grant will be used to analyze costs and begin       bring their vision of a marine research and                       IN,
            tion of boardwalks and coastal resource cen-        preliminary engineering for an 18-unit over-        education center to light. The center will
            ters; to map watersheds; to create manage-          night vehicle facility, as well as studying the     feature facilities for scientific studies of local
            ment plans; to update local coastal manage-         impact of adding a nature trail with interpre-      watersheds and estuaries, focusing on sus-
            ment plans - many written in the mid-70s -          tive signs, a floating dock, permanent care-        tainable management of the region's natural
            to meet the needs of modem shorelines, and          taker quarters, a sewer system, and a public        resources. The proposal shows an aquarium,
            much more.                                          restroom and shower.                                interpretive exhiibits and meetings rooms
                                                                                                                    similar to those of the Padilla Bay National
                      A $20,000 CZM grant to the City                     In Island County, among the top           Estuarine Research Reserve (see page 90 for
            of Everett, for example, may produce a model        three fastest growing counties in the state, a      more information on this unique site).
            for identifying and ranking disposal site se-       $20,000 CZM grant will train 20 volunteers
            lection criteria for dredged material. The          on environmental topics related to marine                      According to Rod Mack, the coastal
            Snohomish River channel, carrying 6 to 7            shorelines. The 7-week program, called Beach        program's first manager, "these kinds of grants
            million tons of commerce annually, is dredged       Watchers, provides more than 100 hours of           help local governments meet our goals for
                                                                                                                    the state's coastal program."
                                                                                          220





                                                                      Padilla Bay National Estuarine Research Reserve





                             stablished in 1980, un-                  PROGRAM                     reserve during the biennium, in-
                  der the management of the Wash-              ACCOMPLISHMENTS                    cluding one beachfront access site.
                  ington Department of Ecology, the                                               After evaluating selected agricul-
                  Padilla Bay National Estuarine Re-              The reserve's manage-           tural lands adjacent to the estuary
                  search ResGrve encompasses over          ment plan is currently under revi-     for purchase as a non-point pollu-
                  10,604 acres of estuarine wetlands,      sion; an internal draft was recently   tion research/demonstration farm,
                  100 acres of uplands, and nearly         reviewed by cooperating agencies       the reserve obtained an option to
  At              14,000 square feet of facility space.    and committees.                        purchase the land.
                  Located near Anacortes in Skagit
                  County, Wash., the site contains                                                        Operations: The reserve
                  one of the largest eelgrass concen-      The reserve received $160,000          completed several tasks to enhance
                  trations on the Pacific Coast and           in federal funds in.FY92            operation. For example, managers
                  supports a diverse collection of             and $159,000 in FY93.              completed an estuarine curricula
                  invertebrates, fish, birds, and ma-                                             for high school classes, prepared a
                  rine mammals. The reserve is                    Land Acquisition: Settle-       procedures and policy manual, and
                  uniquely located adjacent to diked       ment of the Orion dispute added        initiated a Padilla Bay Watershed
                  agricultural lands, surrounded by        8,004 acres of tidelands to the re-    Study financed by state and county
                  small urban centers, and border-         serve. Several other tideland and      government. The reserve also ini-
                  ing an inland marine system used         uplaind parcels were donated to the    tiated a facility master plan, work-
                  extensively for commerce and ur-                @1@ @                           @-11,z @
                                                                     41'r
                  ban recreation. The surroundings
                  make the site ideal for researching
                  impacts of urbanization on an es-
                  tuarine environment.


                          The reserve      implements
                  major programs in research, edu-
                  cation and interpretation, using on-
                  site field, laboratory, classroom,
                  and display resources. More than
                  25,000 citizens participate in these
                  programs each year; outreach ef-
                                                                                                                        -7@
                  forts reach several thousand more
                  citizens. Cooperative programs in
                                                                                                              t
                  volve state and regional universi-
                                                                                               '14
                                                                                               V
                  ties, 40 regional public school dis-
                  tricts, and local, state, and federal
                  agencies. State and federal fund-

                                                                                                      @04
                  ing of the reserve is enhanced
                                                                                  AtIA,
                  through support of a nonprofit
                  corporation,the Padilla Bay Foun-
                  dation. Advisory committees pro-
                  vide guidance in research and edu-
                  cation to the reserve.




                                                                       221





         Padilla Bay National Estuarine Research Reserve





         ing specifically to plan and design     pended sediment flow from agri- tored nonpoint source pollution in
         more parking and handicap-acces-        cultural fields in the watershed to the watershed.
         sible pathways at the interpretive      Padilla Bay and the benefit that
         center. The Padilla Bay Founda-         cover crops have on reducing that             EDUCATIONALAND
         tion continued support of opera-        flow of suspended sediments.                OUTREACH PROGRAMS
         tional, educational, and research
         programs by funding internship,                                                         The reserve education and
         assistantships, and special projects.                                           interpretation program includes in-
                                                    Protecting 10,704 acres,
         The Texaco Corporation, through          the reserve is 82% complete.           house courses taught at the pre-
         the Foundation, funded the con-                                                 school through college level,
         cept design for a new exhibit at the                                            teacher workshop, youth program,
         interpretive center.                                                            family programs, special group
                                                         A research assistantship        programs, adult workshops, guided
                 RESEARCHAND                     programwas initiated with fund-         tours, outreach programs, film se-
           MONITORING PROGRAMS                   ing from private, federal, and state    ries, exhibits and aquaria, portable
                                                 sources to study water quality in       display; a newsletter/activity cal-
                 The reserve continued to        the Swinomish Slough, which             endar, and brochures.
         develop baseline information on         flows into Padilla Bay. More than
         the status of resources and pro-        half a dozen students workezi on
         cesses in Padilla Bay. Through          this project during the biennium.         The Padilla Bay Reserve
         sediment toxicity measurements          Other studies, conducted in coop-          was designated in 1980
         taken throughout the bay, a former      eration with various state agen-              in the Columbian
         landfil1just outside reserve bound-     cies, examined the vegetative com-          biogeographic region.
         aries was found to be highly toxic.     munities on Hat Island, the drift of
         The reserve also determined sea-        beach fill material, the effects of
         sonal and daily patterns of sus-        herbicide on eelgrass, and moni-                Two projects developed
                                                                                         during the biennium have received
                                                                                         national attention. The new film,
                      Sefflement reached in                                              Estuary!, won the second place
                                                                                         Silver Screen Award at the 26th
            long-standing "'takings" diSpUte                                             Annual U.S. International Film
                                                                                         Festival. The Video Communica-
                                                                                         tors Association awarded the new
                 The lengthy legal dispute       years of litigation, including two      high school outreach program with
         between the Orion Corporation           appearances before the Washing-         the organization's prestigious "Ex-
         and the State of Washington over        ton State Supreme Court and sev-        cellence Award."
         an alleged "taking" of the              eral county superior court trials
         corporation's property develop-         and appeals.
         ment rights finally reached settle-                                                      SUMMARYOF
         ment.                                           Along the way, courts up-          EVALUATION FINDINGS
                                                 held the state's coastal zone/
                 Through a mediated settle-      shoreline management laws and                   No evaluation of the
         ment, 8,004 acres of tidelands were     redefined the state's public trust      Padilla Bay National Estuarine
         added to reserve ownership. This        doctrine.                               Research Reserve was conducted
         mediated settlement closes twelve                                               during the biennium.


                                                                     222

















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                                                       e


                                 Go
                              P
                   ocs




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                                                   223





         Wisconsin Coastal Management Program





                         isconsin has 820       Commission, Department of In-          Wisconsin's Coastal Management
         miles of coastline -156 miles          dustry, Labor, and Human Rela-         Program is building a Coastal
         along Lake Superior, 464 miles         tions, Department of Transporta-       Nonpoint Pollution Control Pro-
         along Lake Michigan, and 200           tion and others.                       gram on the expertise and estab-
         around Green Bay -in 15 coastal                                               lished nonpoint program of the
         counties. All land from the water's            The Governor's Executive       Department of Natural Resources
         edge to the inland boundary of         Order also established the Wis-        (DNR). The WCMP provided
         these counties and water to the        consin Coastal Management              funding to the DNR for support
         state/international line make up       Council (the Council), made up of      staff and facilities to develop the
         Wisconsin's coastal zone.              representatives from the legisla-      section 6217 nonpoint source pol-
                                                ture, state agencies, local govern-    lution control program. The DNR
                 Wisconsin's Coastal Man-       ments, the university, public and      is using information and resource
         agement Program (WCMP), ap-            tribal governments, with a Gover-      management experience from the
         proved in 1978, is a networked         nor-designated chairperson. The
         program which incorporates many                                                rll.,:"@`,`@, 71
         state laws and regulations. A                         . . ..
                                                                                       A                                                 lo
         Governor's Executive Order des-
         ignated the Coastal Management
         Section in the Division of Energy
         and Intergovernmental Relations,
         under Department of Administra-
         tion, as the lead agency for pro-
         gram coordination, with policy
         direction given by the Wisconsin
         Coastal Management Council.
         Federal consistency review is done
         in coordination with the Depart-
                                                    Educalion andpublic
         ment of Natural Resources. How-            aivareness is aii imporicint
         ever, the DOA holds no direct statu-       compollent oj'coaslal
         tory, regulatory or management
                                                                                              RRY-F
                         to      implement
         authority
         Wisconsin's Coastal Management
         Program. Most of the core authori-     Council oversees     the program's     Department's Priority Watershed
                                                implementation      by    providing    Program, which is a voluntary cost-
                                                policy direction to the coastal pro-   share nonpoint source program, to
              The Wisconsin coastal             gram. The Council also acts as a       comply with the requirements of
          program, designated in 1978,          strong advocate for coastal re-        section 6217.
         manages 820 miles of coastline.        sources and their wise and bal-
                                                anced use.                                     The DNR is analyzing the
                                                                                       requirements of CZMA section
         ties are implemented by the De-                    PROGRAM                    6217 in relation to the existing
         w














































         partment of Natural Resources,              ACCOMPLISHMENTS                   nonpoint program and the coastal
         although some authorities are                                                 program to identify actions needed
         implemented by the Department                  Coastal Nonpoint Pollu-        for the final adoption of the pro-
         of Agriculture, the Public Service tion          Control        Program:      gram. DNR staff are also compar-

                                                                    224




                                                                            Wisconsin Coastal Management Program





                ing the federal guidance manage-        investigation for the entire county    along with a curTiculum to teach
                ment measures to the current Best       and allow local units of govern-       the guide. The program will begin
                Management Practices used in            ment to monitor and enforce their      modestly, but will grow in phases
                Wisconsin and developing                own septic ordinances.                 to educate and certify increasing
                nonpoint source pollution fact                                                 levels of regulators and consult-
                sheets to increase public aware-                Wetlands Protection:           ants. Along with this project, the
                ness and gain public support for        Through the CZMA Section 309           state will track legislation for op-
                the program.                            Enhancement Grant Program              portunities to -codify the wetland
                                                        Wisconsin's Coastal Management         certification requirement.
                         Enhancement of the State       Program is increasing the level of
                Shorelands- Wetlands Program:                                                          Wisconsin Wetland Inven -
                Working to address concerns from        The Wisconsin coastal program          tory: Since 1989, the WCMP has
                section 312 evaluations about de-          operated using8O5.667 in            provided funds to the Department
                ficiencies in monitoring and en-        federalfunds during FY92 and           of Natural Resources to update the
                forcement of core authorities of             899, 000 during F Y93.            Wisconsin Wetland Inventory on
                the shorelands-wetlands program,                                               a geographic information system.
                Wisconsin's coastal program has                                                The goal of this ongoing effort is
                funded four "assistant water man-       wetland protection and awareness       to update and digitize the Wetland
                agement specialist" positions in        in the state. As part of the en-       Inventory for the coastal counties
                the coastal counties since 1991.        hancement program, coastal pro-        and enhance the local role in wet-
                The specialists have greatly im-        gram staff are developing a man-       land protection through adoption
                proved the level of service to local    datory Wetland Professional Cer-       of shoreland-wetland zoning ordi-
                units of government and the gen-        tification Program for local, state,   nances.
                eral public. The backlog of pend-       and federal regulators and private
                ing permit applications has been        consultants. A guide to wetlands               WetlandsAwareness: As a
                significantly reduced, and im-          and boundary delineation will be       direct result of WCMP initiative,
                provements have been made in            developed as part of this program,     Governor Tommy Thompson pro-
                compliance monitoring and en-
                forcement and response time to
                requests for technical assistance.

                        Monitoring and Enforce-
                ment: Working to address cumu-
                lative and secondary impacts (CSI)
                and nonpoint source pollution in
                its coastal zone, Wisconsin's
                coastal program provided funds
                under the 1992 grant to Oconto
                County to hire a staff person to
                investigate failing septic systems.
                Although this work began with a
                project funded in 1989, the project
                only reached a portion of the           As o direct result qf WC14P initiative, Governor Tomin. Thompson
                county. This funding will enable        proclaii.iied MaY 1993 as Wetlands Prolection Momh ill wiscomvin.
                Oconto County to complete the

                                                                    225





          Wisconsin Coastal Management Program





          claimed May 1993 as Wetlands             continued to support waterfront         along the coast and natural re-
          Protection Month in Wisconsin.           redevelopment/low-cost construc-        source protection infon-nation.
          Run concurrently with the National       tion projects to provide much-
          Wetlands Month, this state effort        needed access to the Great Lakes                 Trainingfor Prog ram Net-
          included the development and dis-        coastline. Since 199 1, the program     work: In response to Wisconsin's
          tribution of thousands of posters        funded six low-cost construction        most recent section 312 program
          and information to increase public       projects, which have involved the       evaluation, the WCMP has held
          awareness of the need for wetlands       construction of waterfront walk-        several training sessions for both
          protection.                              ways, fishing piers, promenades,        the Coastal Management Council
                                                   observation decks, and land ac-         and networked groups to review
                  To educate students about        quisition for developing a water-       the objectives and requirements of
          the natural function and value of        front park. These projects have         the state and national coastal pro-
          wetlands, Wisconsin's Coastal            been highly successful in provid-       grams, as part of an ongoing Wis-
          Management Program funded                ing new or improved public ac-          consin program development and
          "Project WULP"- Wetland Un-              cess to the Great Lakes water-          enhancement program. As con-
          derstanding Leading to Protection.       front.                                  tinuing education for the Council,
          Through Project WULP, curricu-                                                   they have invited representatives
          lum materials on the issue of wet-               Public Access Guide:            from other state coastal programs
          land preservation will be devel-         Wisconsin's coastal program             to learn how other coastal council
          oped, pilot tested, and produced.        spearheaded a project to produce        programs operate.
          The project will rely on both in-        the Wisconsin Great Lakes Public
          door classroom and hands-on out-         Access Guide providing informa-                    SIGNIFICANT
          door field experiences.                  tion on recreational areas and ac-            PROGRAM CHANGES
                                                   cess points along Lake Superior
                  Low- Cost Constructionfor        and Lake Michigan. The guide is a                The WCMP submitted,
          Public Access: The Wisconsin             high-quality glossy publication         and OCRM approved, a request to
          Coastal Management Program has           with maps of public access points       incorporate changes to Chapters
                                                                                           NR 322 and NR 347 into the pro-
                                                                                           gram through a routine program
                        fitfiu#d@, @sopported low-cost
                                                                                           implementation (RPI) change.
                          sO*qtion along Green Bay..
                                                                                           Changes to Chapter NR 3 22, Gen-
                                                                                           eral Permit Program for Certain
                                                                                           Water Regulatory Activities, sim-
                                                                                           plify the permit process to reduce
                                                  @A
                                                                                           staff time. Chapter NR 347, Sedi-
                                                                                                    ampling and Analysis,
                                                                                           ment S
                                                                                           Monitoring Protocol and Disposal
                                                                                           Criteria for Dredging Projects, was
                                                                                           amended to shorten, simplify, and
                                                                                           provide more guidance to appli-
                                                                                           cants.


                                                                                                    Several rules changes, pro-
                                                                                           mulgated pursuant to the Federal
                                                                                           Water Pollution Control Act, were

                                                                        226





                                                                          Wisconsin Coastal Management Program





               incorporated into the WCMP, in-
               cluding changes to Wisconsin                     Low productivity in bold eagles
               Chapters NR 102, 103, 105, 106,           indicates contamination of ecosystem
               and 207. These changes affect
               water quality standards for wet-               Wisconsin's coastal pro-              Blood samples showed
               lands, water quality standards for     gram sponsored a biological sur-       that nestlings along the Lake Su-
               surface water, water quality-based     vey of bald eagles to determine        perior shoreline had moderately
               effluent limitations, and water        the health and water quality of        high levels of contaminants and
               quality anti-degradation.              the Great Lakes ecosystem.             lower productivity rates. Results
                                                                                             also showed that nestlings along
                        SUMMARYOF                             Researchers studied blood      the shoreline of Green Bay have
                  EVALUATION FINDINGS                 samples of nestlings along the         the poorest reproductive rates
                                                      Lake Michigan and Lake Supe-           and the highest concentrations of
                                                      rior shoreline to determine the        contaminants of nestlings in Wis-
                       OCRM issued final evalu-       effects of contaminants in the         consin.
               ation findings in August 1992 for      Great Lakes on the bald eagle
               the review period of April 1991        population.
               through December 1991. OCRM
               found that Wisconsin progressed
               in certain areas of Shorelands Pro-
               gram implementation and enforce-       plishes the same objectives; ad-       actions. One of the two remaining
               ment, development of a draft as-       here to federal consistency proce-     actions will require a program
               sessment of the multi-year strat-      dures in the WCMP and NOAA             change, and program staff mem-
               egy, interagency coordination and      regulations, and ensure that spe-      bers are working on that change.
               public access.                         cific program changes are submit-      The last action is part of a multi-
                                                      ted to OCRM. Wisconsin's pro-          year strategy which the WCMP is
                       The findings also con-         gram has made significant progress     scheduled to complete by Septem-
               tained eight necessary actions         in addressing these recommenda-        ber 1998.
               which must be satisfied by             tions by completing six of the eight
               Wisconsin's program in order to
               adhere to the federal program. The
               necessary actions require Wiscon
               sin to: provide adequate monitor-
               ing of Chapter 30 permits (wet-
               lands and waterways); complete
               adoption of local wetland ordi-
               nances and complete the Wetlands
               Inventory Update; complete the
               section 306 multi-year strategy;
               educate the WCMP networked
               groups on the proper scope of the
               WCMP; ensure that the Wiscon-
               sin Coastal Management Council
                                                                                                                fW
               fulfills its responsibilities; provide
               a DNR program liaison or submit
               a program change which accom-
                                                          . .. .... . ... ......... .... . .....


                                                                  227








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                                                           229





                                                                                                      APPENDIXA
                                                                                    CZM Participation Status

                         STATUS OF STATE COASTAL MANAGEMENT PROGRAMS


                                                 Actual or Estimated Federal
                                                  Approval Date By Fiscal Year             Comment and Status
          Participating State                            End (end 9/30/93)                       9/30/93

          Alabama                                                1979                           Approved
          Alaska                                                 1979                           Approved
          American Samoa                                         1980                           Approved
          California
                  BCDC (San Francisco)                           1977                           Approved
                  CCC                                            1978                           Approved
          Connecticut                                            1980                           Approved
          Delaware                                               1979                           Approved
          Florida                                                1981                           Approved
          Georgia                                                                                Pending
          Guam                                                   1979                           Approved
          Hawaii                                                 1978                           Approved
          Indiana                                                                                Pending
          Louisiana                                              1980                           Approved
          Maine                                                  1978                           Approved
          Maryland                                               1978                           Approved
          Massachusetts                                          1978                           Approved
          Michigan                                               1978                           Approved
          Minnesota                                                                              Pending
          Mississippi                                            1980                           Approved
          New Hampshire
                  Ocean and Harbor Segment                       1982                           Approved
                  Great Bay Segment                              1988                           Approved
          New Jersey
                  Bay and Ocean Shore Segment                    1978                           Approved
                  Consolidated Program                           1980                           Approved
          New York                                               1982                           Approved
          North Carolina                                         1978                           Approved
          Northern Mariana Islands                               1980                           Approved
          Ohio                                                                                   Pending
          Oregon                                                 1977                           Approved
          Pennsylvania                                           1980                           Approved
          Puerto Rico                                            1978                           Approved
          Rhode Island                                           1978                           Approved
          South Carolina                                         1979                           Approved
          Texas                                                                                  Pending
          Virginia                                               1986                           Approved
          Virgin Islands                                         1979                           Approved
          Washington                                             1976                           Approved
          Wisconsin                                              1978                           Approved

          Non-participating: Illinois, Republic of Palau
                                                               230





               APPENDIX B
               NERR Participation Status



                      STATUS OF NATIONAL ESTUARINE RESEARCH RESERVE PROGRAMS



                                                        Actual or Estimated Federal
                                                        Approval Date By Fiscal Year             Comment and Status
                 Participating Si                               End (end 9/30/93)                       9/30/93


                 ACE Basin                                              1992                           Approved
                 Apalachicola                                           1979                           Approved
                 Chesapeake Bay- Maryland                               1985; 1990                     Approved
                 Chesapeake Bay- Virginia                               1991                           Approved
                 Delaware                                               1993                           Approved
                 East Coast Florida                                                                     Pending
                 Elkhorn Slough                                         1980                           Approved
                 Great Bay                                              1989                           Approved
                 Hudson River                                           1982                           Approved
                 Jobos Bay                                              1981                           Approved
                 Mullica River                                                                          Pending
                 Narragansett Bay                                       1980                           Approved
                 North Carolina                                         1982; 1991                     Approved
                 North Inlet- Winyah Bay                                1992                           Approved
                 Old Woman Creek                                        1980                           Approved
                 Padilla Bay                                            1980                           Approved
                 Rookery Bay                                            1978                           Approved
                 Saint Lawrence River                                                                   Pending
                 San Francisco Bay                                                                      Pending
                 Sapelo Island                                          1976                           Approved
                 South Slough                                           1974                           Approved
                 Tijuana River                                          1982                           Approved
                 Waimanu Valley                                         1976                           Approved
                 Waquoit Bay                                            1988                           Approved
                 Weeks Bay                                              1986                           Approved
                 Wells                                                  1984                           Approved




                                                                   231





                                                                                                APPENDIX C
                                                                                            Program Mops
         The Coastal Zone. Management Program




                                                                  IN 1




                                                                             NO











             Not Pictured                                                        Key
                 N. Mariana Islands, Guam,%                                          Approved
                 Puerto Rico, Virgin Islands,
                 American Samoa                                                      Developing Program
                 Palau                                                           1Z Non-participating


         The National Estuarine Research Reserve System

                   Padilla Bay, WA                             5t. Lawrence River, NY
                                                       0 Woman Creek, OH Hpoqon River, NY
                                                                                        Wells, ME
            5outh 51ough, OF,                                                            reat Day, NH
                                                                                       Waquoit Day, MA
                                                                                       arragansett l3ay, RI
                                                                                    Mullica River, NJ
       5an Francisco [3ay, CA                                                      Delaware
            Elkhorn 51ough, CA                                                  'Chesapeake Bay, Maryland
                                                                                @'Chesapeake Day, Virginia
                 Tijuana River, CA                                              North Carolina
                                                                               North Inlet/Winyah Day, 5C
                                                                              ACE Basin,5C
                                                                             5apelo Island, GA
                 Waimanu Valley, HI                                           East Coast of Florida
                                                      Weeks 5ay, AL                       Jobos Bay, PR
                                                                        Rookery Day, FL
                      0 DE516NATED 51TE5               Apalachicola Day, FL
                         PROPOSED 511TEE,    1
                                                          232





                 APPENDIX Q
                  Funding Allocation

                                                 ITEMIZATION OF ALLOCATION OF FUNDS
                                                     Breakdown ofAreas in Which Funds Were Expended
                                                                    (in thousands of dollars)

                                                                                    Section


                                                306                   309                6217                    315            305
                                             Program                Program         Coastal Nonpoint           NERRS          Program
                                           Administration         Enhancement           Program                             Development
                         State
                                           1992     1993          1992     1993     1992     1993         1992     1993     1992     1993




                    Alabama                589      587           73       53       45       45           223      209

                    Alaska                 2014     2015          401      342      100      100

                    American Samoa         476      501           186      65       42       42

                    California             2014     2015          463      475      100      100          383      486

                    Connecticut            746      727           230      236      50       50

                    Delaware               568      567           164      264      45       45           100      110

                    Florida                2014     2014          274      273      100      100          425      544
                    Georgia                                                                               210      160      135      200
                    Guam                   480      501           43       43       42       42

                    Hawaii                 710      707           80       80       50       50           108      90

                    Indiana                                                                                                          166

                    Louisiana              2014     2015          115      100      100      47

                    Maine                  1546     1555          172      272      79       79           33       125
                    Maryland               2009     2004          182      226      100      too          175      213
                    Massachusetts          1354     1520          348      254      82       82           160      250
                    Michigan               2014     2015                   274      100      100
                    Minnesota                                                                                                        294
                    Mississippi            536      535                    150      43       43
                    New Hampshire          499      501           97       57       43       43           399      279
                    New Jersey             2014     2015          228      228      100      100
                    New York               2014     2015          441      433      100      100          117      160
                    North Carolina         1499     1493          317      347      75       75           190      109
                    Northern Marianas               988                    42                86

                    Ohio                   135                                                            94       127
                    Oregon                 844      821           277      188      53       53           168      109
                    Pennsylvania           726      723           198      98       50       50
                    Puerto Rico            1072     1011                   107      54       54           90       90

                    Rhode Island           600      595           154      145      46       46           310      199

                    South Carolina         1327     1322          394      379      67       67           133      226

                    Texas                                                                                                   200      200
                    Virginia               1916     1964          313      228      100      100          195      110
                    Virgin Islands         489      501           126      138      42       42           408
                    Washington             1949     1950          400      321      99       99
                    Wisconsin              806      780                    68       51       51




                                                                              233





                                                                                                                      APPENDIX
                                                                    Coastal States'Section 309 Priority Needs



                                                                 ENHANCEMENTAREA


                                                                                                                                 Energy
                                                                                                                                 /Govn't
                                                                  Public       Marine                               Ocean        Facility
           STATE BY REGION            Wetlands     Hazards        Access       DebTis        CS1     SAMPS         Resources     Siting


             North Atlantic
           Connecticut                   x              x             x                         x       x
           Maine                         x              x             x                         x
           Massachusetts                 x              x             x                         x                        x
           New Hampshire                 x                                                      x
           New Jersey                                   x             x                         x       x
           New York                      x              x             x                         x       x
           Rhode Island                  x                            x                                 x


             South Atlantic
           Delaware                      x              x                                       x       x
           Maryland                      x              x                                       x       x
           North Carolina                x                                                      x       x                x
           South Carolina                x              x             x                         x
           Virginia                      x              x             x                         x       x


             Gulf
           Alabama                       x              x             x                                 x
           Florida                                      x             x                         x
           Louisiana                     x              x                                       x
           Mississippi                   x              x                                       x
           Puerto Rico                   x              x             x                         x                        x
           Virgin Islands                x                            x                         x       x


             Pacific
           Alaska                        x                                          x           x       x
           American Samoa                x              x             x             x
           California                    x              x             x             x           x
           CNMI                          x              x                                       x
           Guam                          x              x             x
           Hawaii                        x              x             x                         x       x                x
           Oregon                        x              x                                       x                        x
           Washington                    x              x             x                         x       x


             Great Lakes
           Michigan                      x              x                                       x
           Pennsylvania                  x              x             x                         x
           Wisconsin                     x              x                                       x




           TOTALS                        27             24            18            3           25      13               6
           % of Eligible                 93%            83%           62%           10%         86%     45%              21%     0%



                                                                        234





                    APPENDIX F
                    Projects of Special Merit Under Section 309


                    Enhancement Area                        State           Project                                                             Funding/Yr

                                 I
                    WETLANDS                                AL         Expanded Subdivision Review                                                 $20,000 -'92
                                                                       ï¿½ Lowering threshold for subdivision permit review from 25 to 5
                                                                          acres to ensure greater wetlands protection.
                                                                       ï¿½ Amending regulations to apply wetlands criteria, stormwater
                                                                          regulations, and erosion control measures in areas outside the
                                                                          jurisdiction of the coastal program.

                                                            AS         Community-Based Wetlands Management                                         $12 1,000 - '92
                                                                       ï¿½ Developing model village ordinances in two wetland areas that
                                                                          can be replicated in other communities.
                                                                       ï¿½ Developing a geographic infon-nation system to support village-
                                                                          based wetlands management.
                                                                       ï¿½ Developing special management area designation and manage-
                                                                          ment for six wetland areas.


                                                            CA         Port Wetlands Mitigation Project                                            $50,000 -'92
                                                                       - Providing an up-front analysis of wetland mitigation needs
                                                                          associated with the expansion of several of California's major
                                                                          ports.
                                                                       - Identifying mitigation needs and potential mitigation sites.
                                                                       - Analyzing existing regulatory mechanisms.

                                                            CA         Wetlands and Cumulative Impacts                                             $77,000 -'92
                                                                       ï¿½ Developing performance standards to specify the functional value          $87,000 -'93
                                                                          of wetlands and to provide criteria for assessing the success of
                                                                          wetland restoration proposals
                                                                       ï¿½ Creating wetland performance guidelines for adoption by the
                                                                          Coastal Commission or the Executive Director


                                                            MA         Revised Regulations for Sanitary Waste Disposal in Coastal                  $70,000 - '92
                                                                       Wetlands
                                                                          Updating regulations on sanitary waste disposal in the coastal
                                                                          zone, addressing boat and recreational vehicle waste, pump out
                                                                          and storage, the use of alternative and innovative septic treatment
                                                                          systems, and the prohibition of cesspools in areas that can
                                                                          adversely affect coastal wetlands.

                                                            NC         Advanced Identification of Wetlands in a 11-ial County                      $75,000 -'92
                                                                          Revising local land use planning guidelines to increase wetlands
                                                                          protection by providing a test in advance of actual revisions to
                                                                          the guidelines.

                                                            NC         Wetlands Functional Assessment and Categorization                           $45,000 -'92
                                                                       - Developing methods to prioritize wetlands in protection classes as        $ 70,000 -'93
                                                                          a basis for creating wetlands protection policies in the state
                                                                          wetlands Conservation Plan, which categorizes wetlands by
                                                                          ecological significance.
                                                                       - Creating functional assessment maps for local land use planning
                                                                          and for determining priorities for wetlands restoration and
                                                                          creation efforts


                                                            NH         Coastal Wetlands Assessment Methodology                                     $40,000 -'92
                                                                          Developing a coastal wetlands assessment methodology, which
                                                                          would allow local officials and laypersons to determine the
                                                                          functioTis and values associated with tidal wetlands.





                                                                                        235





                                                                                                                                      APPENDIX F
                                                                          Projects of Speciol Merit Under Section 309


            Enhancement Area                         State                Project                                                        Funding/)(r


                                                     NY         Tidal Wetlands Act Amendment                                                 $28,000 -92
                                                                ï¿½ Developing further restrictions on use of tidal wetlands
                                                                ï¿½ Restricting upland activities that degrade adjacent wetlands
                                                                ï¿½ Extending regulatory jurisdiction in the Hudson River coastal
                                                                   region

                                                     RI         Formal Wetland Mitigation Policies                                           $31,000 -'92
                                                                   Developing formal policies for wetlands mitigation, resulting in a
                                                                   consistent and coordinated effort for restoring wetlands and
                                                                   critical habitats.



            CUMULATIVE                               AK         Assessment and Control of CSI Impacts of Coastal Uses                        $ 95,000 - '92
            AND SECONDARY                                       on Fish Habitat of the Kenai River                                           $114,000 - '93
            IMPACTS (CSI)                                       - Continuing the second year of a three-year project to study the
                                                                   CSI on vital recreational and commercial salmon fishery habitat
                                                                - Developing policy changes to the State Coastal Management
                                                                   Program and new or revised local CZM policies

                                                     CA         Analysis of the CSI Impacts of NPS within the Periodic Review                $114,000 - '93
                                                                Framework and Development of Interim Section 6217 Guidance
                                                                ï¿½ Assessing the long-tenn CSI of nonpoint source pollution in the
                                                                   Monterey Bay area                    I
                                                                ï¿½ Coordinating an array of coastal and water quality programs to
                                                                   address NPS needs for the Bay area
                                                                ï¿½ Creating interim guidance for implementing Section 6217
                                                                   statewide


                                                     CT         Evaluation of Coastal Boundary for 6217                                      $150,000 -'92
                                                                ï¿½ Determining what area needs to be managed to control the impacts           $140,000 - '93
                                                                   of nonpoint source pollution
                                                                ï¿½ Identifying any modifications necessary to the state coastal zone
                                                                   boundary

                                                     DE         Watershed Protection Strategies for the Dover/Silver Lake/St. Jones $100,000-'92
                                                                ï¿½ Developing a watershed protection strategy for the restoration of          $200,000 -93
                                                                   degraded areas through improvements to stormwater management
                                                                ï¿½ Establishing a stormwater utility funded by user fees and
                                                                   landowner's matching fee based on pollutant contributions

                                                     MA         Draft Generic Environmental Impact Report on Small Docks                     $95,000 - '92
                                                                and Piers
                                                                   Defining the CSI of small docks and piers and associated activities
                                                                   in coastal waters.


                                                     ME         Coastal Islands Policy                                                       $35,000 -'92
                                                                   Developing carrying capacities for Maine's coastal islands with
                                                                   extensive local education, participation, and involvement.

                                                     MS         Modification of State Septic Tank Requirements                               $ 90,000 -'93
                                                                ï¿½ Linking the state coastal program with the state Department of
                                                                   Health to revise septic tank and health regulations
                                                                ï¿½ Developing a Memorandum of Understanding with the Dept. of
                                                                   Health







                                                                                 236





                     APPENDIX F
                     Projects of Speciol Merit Under Section 309


                     Enhancement Area                         State                Project                                                              Funding


                                                              NC         Development of Resource Impact Coefficients                                    $ 75,000 -'93
                                                                         ï¿½ Developing resource impact coefficients
                                                                         ï¿½ Estimating threshold values and carrying capacities for individual
                                                                            watersheds
                                                                         ï¿½ Creating a simulation model to predict the cumulative impacts of
                                                                            future coastal development
                                                                         ï¿½ Designating new critical areas within watersheds and developing
                                                                            enforceable policies for addressing CSI of growth and development

                                                              PA         Presque Isle Bay Management Plan                                               $ 100,000 - '92
                                                                         - Developing a management plan for Presque Isle Bay to avoid CSI
                                                                            of marinas and other boating activities on water quality, habitat,
                                                                            and public safety.
                                                                         - Determining the Bay's marina and boating capacity, types of
                                                                            restrictions needed and how they should be established, and what
                                                                            agency should implement and enforce them.

                                                              VA         Northampton County Conservation Easement Program                               $85,000 -'92
                                                                         - Establishing a conservation easement to control inappropriate
                                                                            development and land use impacts.
                                                                         - Developing and applying a financial analysis model to illustrate to
                                                                            landowners that low-impact development can be an economical
                                                                            alternative to traditional subdivisions.



                     HAZARDS                                  ME         Shoreline Erosion Management                                                   $ 95,000 -'93
                                                                         ï¿½ Preparing maps as the primary basis for developing a mandatory
                                                                            setback policy in coastal hazard zones
                                                                         ï¿½ Revising core statutes of the coastal program

                                                              NY         Nor'easter Regulatory Modifications                                            $ 84,080 -'93
                                                                         - Improving the hazards management components of the coastal
                                                                            program
                                                                         - Creating.new standards for construction or improving structures
                                                                            in coastal hazard areas
                                                                         - Limiting state agency expenditures in coastal areas under the
                                                                            Coastal Barrier Resources Act
                                                                         - Requiring buyer notification when transferring property located
                                                                            in a coastal hazard zone


                                                              OR         All Hazards Mapping Project, Catastrophic Hazards                              $101,000 -92
                                                                          Continuing the second phase of the state effort to develoo consistent         $ 79,886 -93
                                                                            maps of coastal areas showing relevant hazards to coastal develop-
                                                                            ment, including earthquakes and other catastrophic hazards

                                                              RI         Revised Barrier Beach Protection Policies for Salt Pond SAM Plan               $ 6@,000 - '93
                                                                         - Technically analyzing barrier beach erosion problems
                                                                         - Changing coastal policies to address deficiencies
                                                                         - Creating new shoreline protection policies and special area
                                                                            management plan policies for Misquarnicut Beach

                                                              SC         Beachfront Setback Methodology                                                 $215,000 -'92
                                                                         - Refining methodology for determining beachfront setbacks.
                                                                         - Developing a model, transferable to other states, to establish
                                                                            erosion rates based on the total sediment budget for particular
                                                                            littoral cells.



                                                                                           237





                                                                                                                                            APPENDIX F
                                                                             Projects of Special Merit Under Section 309


            Enhancement Area                           State                 Project                                                                Funding


                                                       SC          Development of the Beach/Dune Critical Area                                      $200,000 -'93
                                                                   Computer-based and Local Zoning Ordinance Overlay
                                                                   ï¿½ Creating a computer-based inventory of the jurisdictional setback
                                                                     line
                                                                   ï¿½ Local government adoption of the beach overlay setback zone,
                                                                     which will be locally enforced.
                                                                                                                                                    $179,000 - '92
                                                       WA          Coastal Erosion Management Strategy                                              $100,000 -93
                                                                   ï¿½ Continuing the second year of a comprehensive project to update
                                                                     the state policies that protects the shoreline from erosion
                                                                   ï¿½ Determining the ecological effects of armoring
                                                                   ï¿½ Developing alternative means of managing slope failure as
                                                                     alternative regulatory approaches
                                                                   ï¿½ Changing the CZM administrative rules to include new model
                                                                     standards for erosion control, so that local government manage-
                                                                     ment plans can be updated to reflect the new provisions


            OCEAN RESOURCES                            MA          Developing a Framework for an Ocean Management Program                           $ 7 1,000 - '93
                                                                   ï¿½ Developing a management framework for comprehensive ocean
                                                                     resources planning
                                                                   ï¿½ Changing coastal policies to incorporate ocean management
                                                                   ï¿½ Recommending changes to statutes and regulations related to ocean
                                                                     resource management

                                                       OR          Threatened and Endangered Species Protection                                     $68,000 -'92
                                                                     Focusing primarily on ways to protect marine mammals as part of
                                                                     developing a Territorial Sea Management Plan.


            PUBLIC ACCESS                              NY          Regulations to Implement Chapter 791 of the Laws of 1992                         $ 75,000 - '93
                                                                   -Developing procedures to review all leases, easements and grants
                                                                     for use of lands that are now or were formerly underwater
                                                                   -Preparing regulations, guidelines, and strategies for harbor
                                                                     management plans by local governments

                                                       RI          Submerged Tidal Lands Leasing Program                                            $78,000 - '92
                                                                   ï¿½ Developing policies and fee structure for public use of submerged
                                                                     tidal lands.
                                                                   ï¿½ Setting up long-term program to use fees from docks, marinas, and
                                                                     other structures as a dedicated source of revenue to improve public
                                                                     access.


                                                       VI          Territorial Park System Planning                                                 $7 1,000 - '92
                                                                   -Developing a Territorial Park System Mgt. Plan for all marine and               $82,834 -'93
                                                                     terrestrial parks to enhance public access to beaches and coastal
                                                                     resources
                                                                   -Implementing the plan through a Territorial Park Authority

            ENERGY & GOVT.
            FACILITY SITING                            AK          OCS Consistency Review                                                           $78,000 - '92
                                                                   ï¿½ Resolving important issues regarding state review of OCS lease
                                                                     sales for federal consistency.
                                                                   ï¿½ Developing and adopting a rational review process.





                                                                                    238





                     APPENDIX G
                     NERR Regulotions




                     DEPARTMENT OF COMMERCE                              business hours (8 a.m. to 4:30 p.m.) in room       also provide for 100% Federal support for
                                                                         12520, 1305 East-West Highway, Silver              educational-interpretative activities that ben-
                     National Oceanic and Atmospheric Admin-             Spring, Maryland 20190.                            efit the entire System. Match requirements for
                     istration                                                                                              site selection and land acquisition remain at
                                                                         III. Regulatory Issues                             50%. The revisions make the regulations con-
                     15 CFR Part 921                                                                                        form.
                                                                         A. General Background
                     [Docket No. 910927-3012]                                                                               3. Definitions
                                                                              On July 23,1990 (55 FR 29940) NOAA
                     RIN 0648-AB68                                       published interim-final regulations for con-             The revisions add a definition for the
                                                                         tinued implementation of the National Estua-       term "state agency".
                     National Estuarine Research Reserve Sys-            fine Reserve Research System Program pur-
                     tem Program Regulations                             suant to section 315 of the Act, 16 U.S.C.         4.    Increase in Acquisition Support
                                                                         1461. Written comments were accepted until
                     AGENCY. Office of Ocean and Coastal Re-             September 21, 1990. On November 5, 1990,                 The Amendments increase the maximum
                     source Management (OCRM), National                  Public Law No. 10 1 -508 was passed reautho-       amount of Federal financial assistance that can
                     Ocean Service (NOS), National Oceanic and           rizing the Program. Several changes to the         be awarded for the acquisition of land and
                     Atmospheric Administration (NOAA), De-              regulations are required as a result of the 1990   waters, or interests therein, for any one Na-
                     partment of Commerce (DOC).                         reauthorization. In addition, for the reasons      tional Estuarine Research Reserve from
                                                                         stated below, some of the revisions suggested      $4,000,000 to $5,000,000. The revisions make
                     ACTION: Final Rule.                                 by the comments received on the interim-fi-        the regulations conform.
                                                                         nal rule have been adopted. A summary of
                     SUMMARY- This final rule revises the ex-            the significant proposed changes to the in-        5.    Change in Development Support
                     isting interim-final rule for selecting, desig-     terim-final regulations is presented below. On
                     nating, operating, and funding National Es-         July 17, 1992, NOAA published a proposed                 The regulations allow costs associated
                     tuarine Research Serves to bring them into          rule incorporating revisions required by the       with the development of research, monitor-
                     accord with requirements of the Coastal Zone        Amendments and revisions suggested by pub-         ing and education programs to be included as
                     Act Reauthorization Amendments of 1990              lic comments received on the interim-final         supplemental development costs and elimi-
                     (the Amendments). In addition, it adopts some       rule. Two public comments on the proposed          nate the ceiling of $1,500,000 on financial as-
                     of the revisions suggested by comments re-          rule were received during the review period        sistance which can be provided for develop-
                     ceived on the interim-final rule dated July 23,     which ended on August 31, 1992. The public's       ment assistance directly associated with fa-
                     1990, and incorporates comments received on         comments and NOANs response are set forth          cility construction.
                     the proposed rule published on July 17, 1992        in Section VI, Summary of Public Comments
                     (57 FR 31926).                                      and Responses.                                     6.    Simplification of Operational Support

                     FOR FURTHER INFORMATION CON-                        B. Final Rule                                            The regulations reduce state and Federal
                     TACT-                                                                                                  paperwork burdens by combining support for
                     June Cradick at (301) 713-3132.                          These regulations establish the               routine monitoring and education activities
                     DATES: Effective July 14,1993.                      Program's mission and goals and revise the         with the annual non-competitive operations
                                                                         existing procedures for selecting, designating     and management awards. Competitive awards
                     SUPPLEMENTARY INFORMATION:                          and operating National Estuarine Research          for special monitoring, research and educa-
                                                                         Reserves.                                          tion projects continue as a separate activity.
                     1. Authority
                                                                         I .  Changing the Name of the Program              7.    Clarification of Site Selection
                          This final rule is issued pursuant to the
                     authority of section 315 of the Coastal Zone             The name of the Program was changed                 The regulations clarify the process to be
                     Management Act of 1972, as amended, 16              from the National Estuarine Research System        followed by a coastal state which proposed
                     U.S.C. 1461 (the Act). The National Estua-          to the National Estuarine Research Reserve         to reactivate an inactive site previously ap-
                     rine Research Reserve System (the System)           System by the Amendments. The revisions to         proved by NOAA for development as an es-
                     has been operating under interim-final regu-        the regulations revise the Program name ac-        tuarine sanctuary or National Estuarine Re-
                     lations published July 23, 1990 (55 FR              cordingly when it appears in the regulations.      search Reserve.
                     29940).
                                                                         2.   Revision of Match Requirements                8.    Resource Manipulation
                     IL Availability of Comments
                                                                              The Amendments effectively reduce                   The regulations recognize the possibil-
                          All comments received in response to the       from 50% to 30% state, and were applicable,        ity that in Reserve buffer areas long-term uses
                     notice of proposed rulemaking for this rule         private party match requirements for the fol-      may have existed prior to designation which
                     (57 FR 31926, July 17, 1992) are available          lowing financial assistance award types: Op-       should be allowed to continue.
                     for inspection at the Office of Ocean and           erations, research, monitoring, facility con-
                     Coastal Resource Management during normal           struction and education/interpretation. They


                                                                                             239





                                                                                                                                                  APPENDIX G
                                                                                      Federal Register, Vol. 58, No. 134, 7175193




             9.    Performance Evaluation                          quired for this rulemaking. The regulations            possible consistent with the NOANs respon-
                                                                   set forth procedures for identifying and des-          sibility to ensure that the objectives of the
                   The Amendments emphasize the impor-             ignating National Estuarine Research Re-               National Estuarine Research Reserve System
             tance of public participation in the perfor-          serves, and managing sites once designated.            provisions of the Coastal Zone Management
             mance evaluation process. They also estab-            These rules do not directly affect "small gov-         Act are achieved, the rule refrains froin es-
             lish interim sanctions, including partial or full     ernment jurisdictions" as defined by Public            tablishing uniform national standards. Exten-
             withdrawal of financial assistance, and estab-        Law No. 96-354, the Regulatory Flexibility             sive consultations with state officials and or-
             lish a process for instituting such sanctions.        Act, and the rules will have no effect on small        ganizations have been held regarding the fi-
             The revisions make the regulations conform.           businesses. Accordingly, when these regula-            nancial assistance qualifications imposed.
                                                                   tions were proposed, the General Counsel of            Details regarding awards of financial assis-
             TV. Summary of Comments on the Pro-                   the Department of Commerce certified to the            tance have been discussed above under the
             posed Regulations and NOAA's Responses                Chief Counsel for Advocacy of the Small                heading "REVISION OF THE PROCE-
                                                                   Business Administration that these regula-             DURES FOR SELECTING, DESIGNATING
                   NOAA received two comments on the               tions, if adopted, would not have a signifi-           AND OPERATING NATIONAL ESTUA-
             proposed rule. A summary of those comments            cant economic impact on a substantial num-             RINE RESEARCH RESERVES" and are not
             and NOAXs response appears below.                     ber of small entities.                                 repeated here.
                   Comment: There is a need to recognize                 [C] Paperwork Reduction Act of 1980.                   [E] National Environmental Policy Act.
             that manipulative uses occur within the core          This rule contains collection of information           NOAA has concluded that publication of this
             area of Reserves. Further, traditional uses is a      requirements subject to Public Law 96-511,             final rule does not constitute a major Federal
             more appropriate term to describe sport fish-         the Paperwork Reduction Act (PRA), which               action significantly affecting the quality of the
             ing and hunting, rather than manipulative uses.       have already been approved by the Office of            human environment. Therefore, an environ-
                   Response: NOAA is aware that manipu-            Management and Budget (approval number                 mental impact statement is not required.
             lative uses occur within core areas of certain        0648-0121). Public reporting burden for the
             Reserves. However, given the purposed of the          collections of information contained in this           List of Subjects in 15 CFR Part 921
             Program, NOAA believes that some of these             rule is estimated to average 2,012 hours per
             activities are inappropriate to be carried out        response for management plans and related                    Administrative practice and procedure,
             in core areas. In response to the commenters'         documentation, 1.25 hours for performance              Coastal zone, Environment impact statements,
             concerns regarding the use of the term "ma-           reports, and 15 hours for annual reports and           Grants programs, Natural resources, Report-
             nipulative uses", the regulations have been           work plans. These estimates include the time           ing and recordkeeping requirements, Re-
             clarified to better explain the meaning of that       for reviewing instructions, searching existing         search. (Federal Domestic Assistance Cata-
             term.                                                 data sources, gathering and maintaining the            log Number 11.420, National Estuarine Re-
                                                                   data needed, and completing and reviewing              search Reserve System).
             V. Other Actions Associated With the                  the collection of information. Send comments
             Rulemaking                                            regarding this burden estimate or any other'           (Federal Domestic Assistance Catalog Num-
                                                                   aspect of these collection of information, in-         ber 11.420 Coastal Zone Management Estua-
                   [A] Classification Under Executive Or-          cluding suggestions for reducing this burden,          rine Sanctuaries)
             der 12291. NOAA has concluded that these              to Richard Roberts, room 724, Department of
             regulations are not major because they will           Commerce, 60 10 Executive Bldg., Rockville,                  Dates: June 17, 1993.
             not result in:                                        Maryland 20852, and to the Office of Infor-
                   (1) An annual effect on the economy of          mation and Regulatory Affairs, Office of Man-          W. Stanley Wilson,
             $ 100 million or more;                                agement and Budget, Washington, DC 20503.
                   (2) A major increase in costs or prices         ATTN: Desk Officer for NOAA.                           Assistant Administration for Ocean Services
             for consumers; individual industries; Federal,              [D] Executive Order 12612. This rule             and Coastal Zone Management.
             state, or local government agencies; or geo-          does not contain policies which have suffi-
             graphic regions; or                                   cient Federalism implications to warrant                     For the reasons set out in the preamble
                   (3) Significant adverse effects on com-         preparation of a Federalism Assessment pur-            15 CFR part 921 is revised to read as follows:
             petition, employment, investment, productiv-          suant to Executive Order 12612. However, the
             ity, innovation or the ability of United States       provisions of the rule setting forth what a state      PART 921-NATIONAL ESTUARINE
             based enterprises in domestic or export mar-          must do or agree to do in order to qualify for         RESEARCH RESERVES SYSTEM
             kets.                                                 the various types of Federal assistance avail-         REGULATIONS
                   These rules amend existing procedures           able under the rule has been reviewed to en-
             for identifying, designating, and managing            sure that the rule grants the states the maxi-         Subpart A-General
             national estuarine research reserves in accor-        mum administrative discretion possible in the
             dance with the Coastal Zone Act Reauthori-            administration of the National Estuarine Re-           ï¿½921.1     Mission, goals and general provi-
             zation Amendments of 1990. They will not              search Reserve System policies embodied in             sions.
             result in any direct economic or environmen-          the qualification requirements. In formulat-           ï¿½921.2     Definitions.
             tal effects nor will they lead to any major in-       ing those policies, the NOAA worked with               ï¿½921.3     National Estuarine Research Re-
             direct economic or environmental impacts.             affected states to develop their own policies          serve System biogeographic classification
                   [B] Regulatory Flexibility Act Analysis.        with respect to the use of National Estuarine          scheme and estuarine typologies.
             A Regulatory Flexibility Analysis is not re-          Research Reserves. To the maximum extent               ï¿½921.4     Relationship to other provisions of

                                                                                          240





                      APPENDIX Q
                      NERR Regulotions




                      the Coastal Zone Management Act and the              ï¿½921.80 Application information.                     lyzed in the management plan, The Reserve
                      Marine Protection, Research and Sanctuaries Act.     ï¿½921.81 Allowablecosts.                              management plan shall describe the uses and
                                                                           ï¿½921.82 Amendments to financial assistance           establish priorities among these uses. The plan
                      Subpart B-Site Selection, Post Site Selec-           awards.                                              shall identify uses requiring a state permit, as
                      tion and Management Plan and Development                                                                  well as areas where uses are encouraged or
                                                                           Appendix I to Part 921-Biogeographic                 prohibited. Consistent with resource protec-
                      ï¿½921.10 General.                                     Classification Scheme                                tion and research objectives, public access and
                      ï¿½921.11 Site selection and feasibility.                                                                   use may be restricted to certain areas or com-
                      ï¿½921.12 Post site selection.                         Appendix H to Part 921-Ilypology of Na-              ponents within a Reserve.
                      ï¿½921.13 Management plan and environmen-              tional Estuarine Research Reserves                        (d) Habitat manipulation for research
                      tal impact statement development.                                                                         purposes is allowed consistent with the fol-
                                                                           Authority: Section 315 of the Coastal Zone           lowing limitations. Manipulative research ac-
                      Subpart C-Acquisition, Development,                  Management Act, as amended (16 U.S.C.                tivities must be specified in the management
                      and Preparation of the Final Management              1461).                                               plan, be consistent with the mission and goals
                      Plan                                                                                                      of the program (see paragraphs (a) and (b) of
                                                                           Subpart A-General                                    this section) and the goals and objectives set
                      ï¿½921.20 General.                                                                                          forth in the Reserve's management plan, and
                      ï¿½921.21 Initial acquisition and development          ï¿½921.1    Mission, goals, and general provi-         be limited in nature and extent to the mini-
                      awards.                                              sions.                                               mum manipulative activity necessary to ac-
                                                                                (a) The mission of the National Estua-          complish the state research objective. Manipu-
                      Subpart D-Reserve Designation and Sub-               rine Research Reserve Program is the estab-          lative research activities with a significant or
                      sequent Operation                                    lishment and management, through Federal-            long-term impact on Reserve resources re-
                                                                           state cooperation, of a national systems (Na-        quire the prior approval of the state and the
                      ï¿½921.30 Designation of National Estuarine            tional Estuarine Research Reserve System or          National Oceanic and Atmospheric Adminis-
                      Research Reserves.                                   System) of estuarine research reserves (Na-          tration (NOAA). Manipulative research activi-
                      ï¿½921.31 Supplemental acquisition and de-             tional Estuarine Research Reserves or Re-            ties which can reasonably be expected to have
                      velopment awards.                                    serves) representative of the various regions        a significant adverse impact on the estuarine
                      ï¿½921.32 Operation and management: Imple-             and estuarine types in the United States. Na-        resources and habitat of a Reserve, such that
                      mentation of the management plan.                    tional Estuarine Research Reserves are estab-        the activities themselves or their resulting
                      ï¿½921.33 Boundary changes, amendments to              lished to provide opportunities for long-term        short- and long-term consequences compro-
                      the management plan, and addition of mul-            research, education, and interpretation.             mise the representative character and integ-
                      tiple-site components.                                    (b) The goals of the Program are to:            rity of a Reserve, are prohibited. Habitat ma-
                                                                                (1) Ensure a stable environment for re-         nipulation for resource management purposes
                      Subpart E-Ongoing Oversight, Perfor-                 search through long-term protection of Na-           is prohibited except as specifically approved
                      mance Evaluation and Withdrawal of Des-              tional Estuarine Research Reserve resources;         by NOAA as: (1) A restoration activity con-
                      ignation                                                  (2) Address coastal management issues           sistent with paragraph (e) of this section; or
                                                                           identified as significant through coordinated        (2) an activity necessary for the protection of
                      ï¿½921.40 Ongoing oversight and evaluations            estuarine research within the System;                public health or the preservation of other sen-
                      of designated National Estuarine Research                 (3) Enhance public awareness and un-            sitive resources which have been listed or are
                      Reserves.                                            derstanding of estuarine areas and provide           eligible for protection under relevant Federal
                      ï¿½921.41 Withdrawal of designation.                   suitable opportunities for public education and      or state authority (e.g., threatened/endangered
                                                                           interpretation;                                      species or significant historical or cultural
                      Subpart F-Special Research Projects                       (4) Promote Federal, state, public and          resources) or if the manipulative activity is a
                                                                           private use of one or more Reserves within           long-term pre-existing use (i.e., has occurred
                      ï¿½921.50 General.                                     the System when such entities conduct estua-         prior to designation) occurring in a buffer area.
                      ï¿½921.51 Estuarine research guidelines.               rine research; and                                   If habitat manipulation is determined to be
                      ï¿½921.52 Promotion and coordination of es-                 (5) Conduct and coordinate estuarine            necessary for the protection of public health,
                      tuarine research.                                    research within the System, gathering and            the preservation of sensitive resources, or if
                                                                           making available information necessary for           the manipulation is a long-term pre-existing
                      Subpart G-Special Monitoring Projects                improved understanding and management of             use in a buffer area, then these activities shall
                                                                           estuarine areas.                                     be specified in the Reserve management plan
                      ï¿½921.60 General.                                          (c) National Estuarine Research Re-             in accordance with ï¿½921.13(a)(10) and shall
                                                                           serves shall be open to the public to the ex-        be limited to the reasonable alternative which
                      Subpart H-Special Interpretation and                 tent permitted under state and Federal law.          has the least adverse and shortest term im-
                      Education Projects                                   Multiple uses are allowed to the degree com-         pact on the representative and ecological in-
                                                                           patible with each Reserve's overall purpose          tegrity of the Reserve.
                      ï¿½921.70 General.                                     as provided in the management plan (see                   (e) Under the Act an area may be desig-
                                                                           ï¿½921.13) and consistent with paragraphs (a)          nated as an estuarine Reserve only if the area
                      Subpart I-General Financial Assistance               and (b) of this section. Use levels are set by       is a representative estuarine ecosystem that is
                      Provisions                                           the state where the Reserve is located and ana-      suitable for long-term research. Many estua-
                                                                                                                                rine areas have undergone some ecological

                                                                                                241





                                                                                                                                                  APPENDIX G
                                                                                      Federal Register, Vol, 58, No. 134, 7115193



              change as a result of human activities (e.g.,         tion in the Reserve management plan. Fed-             tuary-type areas of the Great Lakes and their
              hydrological changes, intentional/uninten-            eral lands already in protected status may not        connecting waters (see 16 U.S.C. 1453(7)).
              tional species composition changes-intro-             comprise a majority of the key land and wa-                (f) National Estuarine Research Reserve
              duced and exotic species.) In those areas pro-        ter areas of a Reserve (see ï¿½92 1. 11 (c)(3)).        means an area that is a representative estua-
              posed or designated as National Estuarine                  (h) To assist the states in carrying out         rine ecosystem suitable for long-term re-
              Research Reserves, such changes may have              the Program's goals in an effective manner,           search, which may include all of the key land
              diminished the representative character and           NOAA will coordinate a research and educa-            and water portion of an estuary, and adjacent
              integrity of the site. Although restoration of        tion information exchange throughout the              transitional areas and uplands constituting to
              degraded areas is not a primary purpose of            National Estuarine Research Reserve System.           the extent feasible a natural unit, and which
              the System, such activities may be permitted          As part of this role, NOAA will ensure that           is set aside as a natural field laboratory to pro-
              to improve the representative character and           information and ideas from one Reserve are            vide long-term opportunities for research,
              integrity of a Reserve. Restoration activities        made available to others in the System. The           education, and interpretation on the ecologi-
              must be carefully planned and approved by             network will enable Reserves to exchange in-          cal relationships within the area (see 16 U.S.C.
              NOAA through the Reserve management                   formation and research data with each other,          1453(8)) and meets the requirements of 16
              plan. Historical research maybe necessary to          with universities engaged in estuarine re-            U.S.C. 1461(b). This includes those areas
              determine the "natural" representative state          search, and with Federal, state, and local agen-      designated as National Estuarine Sanctuaries
              of an estuarine area (i.e., an estuarine ecosys-      cies. NOAA!s objective is a system-wide pro-          or Reserves under section 315 of the Act prior
              tem minimally affected by human activity or           grain of research and monitoring capable of           to enactment of the Coastal Zone Act Reau-
              influence). Frequently, restoration of a de-          addressing the management issues that affect          thorization Amendments of 1990 and each
              graded estuarine area will provide an excel-          long-term productivity of our Nation's estuaries.     area subsequently designated as a National
              lent opportunity for management oriented research.                                                          Estuarine Research Reserve.
                   (f) NOAA may provide financial assis-            ï¿½921.2 Definitions.
              tance to coastal states, not to exceed, per Re-            (a) Act means the Coastal Zone Manage-           ï¿½921.3     National Estuarine Research Re-
              serve, 50 percent of all actual costs or $5 mil-      ment Act of 1972, as amended, 16 U.S.C.               serve System Biogeographic Classification
              lion whichever amount is less, to assist in the       1451 et seq.                                          Scheme and Estuarine Typologies.
              acquisition of land and waters, or interests               (b) Assistant Administrator means the                 (a) National Estuarine Research Re-
              therein. NOAA may provide financial assis-            Assistant Administrator for Ocean Services            serves are chosen to reflect regional differ-
              tance to any coastal state or public or private       and Coastal Zone Management or delegee.               ences and to include a variety of ecosystem
              person, not to exceed 70 percent of all actual             (c) Coastal state means a state of the           types. A biogeographic classification scheme
              costs, to support research and monitoring             United States, in or bordering on, the Atlan-         based on regional variations in the nation's
              within a Reserve. Predesignation, acquisition         tic, Pacific, or Arctic Ocean, the Gulf of            coastal zone has been developed.The biogeo-
              and development, operation and management,            Mexico, Long Island Sound, or one or more             graphic classification scheme is used to en-
              special research and monitoring, and special          of the Great Lakes. For the purposes of these         sure that the National Estuarine Research
              education and interpretation awards are avail-        regulations the term also includes Puerto Rico,       Reserve System includes at least one site from
              able under the National Estuarine Reserve             the Virgin Islands, Guam, the commonwealth            each region. The estuarine typology system
              Program. Predesignation awards are for site           of the Northern Marianas Islands, the Trust           is utilized to ensure that sites in the System
              selection/feasibility, draft management plan          Territories of the Pacific Islands, and Ameri-        reflect the wide range of estuarine types within
              preparation and conduct of basic character-           can Samoa (see 16 U.S.C. 1453(4)).                    the United States.
              ization studies. Acquisition and development               (d) State agency means an instrumental-               (b) The biogeographic classification
              awards are intended primarily for acquisition         ity of a coastal state to whom the coastal state      scheme, presented in appendix 1, contains 29
              of interests in land, facility construction and       has delegated the authority and responsibil-          regions. Figure I graphically depicts the bio-
              to develop and/or upgrade research, monitor-          ity for the creation and/or management/op-            geographic regions of the United States.
              ing and education programs. Operation and             eration of a National Estuarine Research Re-               (c) The typology system is presented in
              management awards provide funds to assist             serve. Factors indicative of this authority may       appendix II.
              in implementing, operating and managing the           include the power to receive and expend funds
              administrative, and basic research, monitor-          on behalf of the Reserve, acquire and sell or         ï¿½921.4     Relationship to other provisions
              ing and education programs, outlined in the           convey real and personal property interests,          of the Coastal Zone Management Act, and
              Reserve management plan. Special research             adopt rules for the protection of the Reserve,        to the Marine Protection, Research and
              and monitoring awards provide funds to con-           enforce rules applicable to the Reserve, or de-       Sanctuaries Act.
              duct estuarine research and monitoring                velop and implement research and education                 (a) The National Estuarine Research
              projects with the System. Special education           programs for the reserve. For the purposes of         Reserve System is intended to provide infor-
              and interpretative awards provide funds to            these regulations, the terms "coastal state" and      mation to state agencies and other entities in-
              conduct estuarine education and interpretive          "State agency" shall be synonymous.                   volved in addressing coastal management is-
              projects within the System.                                (e) Estuary means that part of a river or        sues. Any coastal state, including those that
                   (g) Lands already in protected status            stream or other body of water having unim-            do not have approved coastal management
              managed by other Federal agencies, state or           paired connection with the open sea, where            programs under section 306 of the Act, is eli-
              local governments, or private organizations           the sea water is measurably diluted with fresh        gible for an award under the National Estua-
              may be included within National Estuarine             water derived from land drainage. The term            rine Research Reserve Program (see
              Research Reserves only if the managing CIL-           also includes estuary-type areas with measur-         ï¿½921.2(c)).
              tity commits to long-term management con-             able freshwater influence and having unim-                 (b) For purposes of consistency review
              sistent with paragraphs (d) and (e) of this see-      paired connections with the open sea, and es-         by states with a federally approved coastal

                                                                                          242





                      APPENDIX G
                      NERR Regulations




                      management program, the designation of a            gible for the full complement of funding. Fi-        the state and NOAA shall evaluate and select
                      National Estuarine Research Reserve is              nancial assistance application procedures are        the final site(s). NOAA has final authority in
                      deemed to be a Federal activity, which, if di-      specified in subpart I.                              approving such sites. Site selection shall be
                      rectly affecting the state's coastal zone, must           (b) In developing a Reserve program, a         guided by the following principles:
                      be undertaken in a manner consistent to the         state may choose to develop a multiple-site                (1) The site's contribution to the biogeo-
                      maximum extent practicable with the ap-             Reserve reflecting a diversity of habitats in a      graphical and typological balance of the Na-
                      proved state coastal management program as          single biogeographic region. A multiple-site         tional Estuarine Research Reserve System.
                      provided by section 1456(c)(1) of the Act, and      Reserve allows the state to develop comple-          NOAA will give priority consideration to pro-
                      implementing regulations at 15 CFR part 930,        mentary research and educational programs            posals to establish Reserves in geographic
                      subpart C. In accordance with section               within the individual components of its multi-       regions or subregions or incorporating types
                      1456(c)91) of the Act and the applicable regu-      site Reserve. Multiple-site Reserves are             that are not represented in the system. (see
                      lations NOAA will be responsible for certi-         treated as one Reserve in terms of financial         the biogeographic classification scheme and
                      fying that designation of the Reserve is con-       assistance and development of an overall             typology se for the in ï¿½ 921.3 and Appendi-
                      sistent with the state's approved coastal man-      management framework and plan. Each indi-            ces I and Il);
                      agement program. The state must concur with         vidual site of a proposed multiple-site Reserve            (2) The site's ecological characteristics,
                      or object to the certification. It is recom-        shall be evaluated both separately under ï¿½           including its biological characteristics, includ-
                      mended that the lead state agency for Reserve       921.11(c) and collectively as part of the site       ing its biological productivity, diversity of
                      designation consult, at the earliest practicable    selection process. A coastal state may propose       flora and fauna, and capacity to attract a broad
                      time, with the appropriate state officials con-     to establish a multiple-site Reserve at the time     range of research and educational interests.
                      cerning the consistency of a proposed Na-           of the initial site selection, or at any point in    The proposed site must be a representative
                      tional Estuarine Research Reserve.                  the development or operation of the Reserve.         estuarine ecosystem and should, to the maxi-
                           (c) The National Estuarine Research            If the state decides to develop a multiple-site      mum extent possible, be an estuarine ecosys-
                      Reserve Program will be administered in close       National Estuarine Research Reserve after the        tem minimally affected by human activity or
                      coordination with the National Marine Sanc-         initial acquisition and development award is         influence (see ï¿½ 921.1(e)).
                      tuary Program (Title III of the Marine Pro-         made for a single site, the proposal is subject            (3) Assurance that the site's boundaries
                      tection, Research and Sanctuaries Act, as           to the requirements set forth in ï¿½ 921.33(b).        encompass an adequate portion of the key land
                      amended, 16 U.S.C. 1431-1445), also admin-          However, a state may not propose to add one          and water areas of the natural system to ap-
                      istered by NOAA. Title III authorized the Sec-      or more sites to an already designated Reserve       proximate an ecological unit and to ensure
                      retary of Commerce to designate discrete ar-        if the operation and management of such Re-          effective conservation. Boundary size will
                      eas of the marine environment as National           serve has been found deficient and uncor-            vary greatly depending on the nature of the
                      Marine Sanctuaries to protect or restore such       rected or the research conducted is not con-         ecosystem. Reserve boundaries must encom-
                      areas for their conservation, recreational, eco-    sistent with the Estuarine Research Guidelines       pass the area within which adequate control
                      logical, historical, research, educational or       referenced in ï¿½ 921.5 1. In addition , Federal       has or will be established by the managing
                      esthetic values. National Marine Sanctuaries        funds for the acquisition of a multiple-site Re-     entity over human activities occurring within
                      and Estuarine Research Reserves may not             serve remain limited to $5,000,000 (See ï¿½            the Reserve. Generally, Reserve boundaries
                      overlap, but may be adjacent.                       921.20). The funding for operation of a mul-         will encompass two areas: Key land and wa-
                                                                          tiple-site Reserve is limited to the maximum         ter areas (or "core area") and a buffer zone.
                      Subpart B- Site Selection, Post Site Se-            allowed for any one Reserve per year (see ï¿½          Key land and water areas and a buffer zone
                      lection and Management Plan Develop-                921.32(c)) and preacquisition funds are lim-         will likely require significantly different lev-
                      ment                                                ited to $100,000 per Reserve.                        els of control (see ï¿½ 921.13(a)(7)). The term
                                                                                                                               "key land and water areas" refers to that core
                      ï¿½ 921.10 General                                    ï¿½ 921.11 Site selection and feasibility              area within the Reserve that is so vital to the
                           (a) A coastal  state may apply for Fed-              (a) A coastal state may use Federal funds      functioning or the estuarine ecosystem that it
                      eral financial assistance for the purpose of site   to establish and implement a site selection pro-     must be under a level of control sufficient to
                      selection, preparation of documents specified       cess which is approved by NOAA.                      ensure the long-term viability of the Reserve
                      in ï¿½ 921.13 (draft management plan (DMP)                  (b) In addition to the requirements set        for research on natural processes. Key land
                      and environmental impact statement (EIS)),          forth in subpart I, a request for Federal funds      and water areas, which comprise the core area,
                      and the conduct of limited basic character-         for site selection must contain the following        are those ecological units of a natural estua-
                      ization studies. The total Federal share of this    programmatic information:                            rine system which preserve, for research pur-
                      assistance may not exceed $ 100,000. Federal              (1) A description of the proposed site         poses, a full range of significant physical,
                      financial assistance for preacquisition activi-     selection process and how it will be imple-          chemical and biological factors contributing
                      ties under ï¿½ 921.11 and ï¿½ 921.12 is subject to      mented in conformance with the biogeo-               to the diversity of fauna, flora and natural pro-
                      the total $5 million for which each Reserve is      graphic classification scheme and typology (ï¿½        cesses occurring within the estuary. The de-
                      eligible for land acquisition. In the case of a     921.3);                                              termination of which land and water areas are
                      biogeographic region (see appendix 1) shared              (2)An identification of the site selection     "key" to a particular Reserve must be based
                      by two or more coastal states, each state is        agency and the potential management agency;          on specific scientific knowledge of the area.
                      eligible for Federal financial assistance to es-    and                                                  A basic principle to follow when deciding
                      tablish a separate National Estuarine Research            (3) A description of how public partici-       upon key land and water areas is that they
                      Reserve within their respective portion of the      pation will be incorporated in to the process        should encompass resources representative of
                      shared biogeographic region. Each separate          (see ï¿½ 92 1. 11 (d)).                                the total ecosystem, and which if compro-
                      National Estuarine Research Reserve is eli-               (c) As part of the site selection process,     mised could endanger the research objectives
                                                                                                243





                                                                                                                                                      APPENDIX G
                                                                                        Federal Register, Vol. 58, No. 134, 7115193




              of the Reserve. The them "buffer zone refers           the site selection principals (ï¿½ 92 1.1 I(c)) and       Reserve.
              to an area adjacent to or surrounding key land         the following information:                                     (b) The state is eligible to use the funds
              and water areas and essential to their integ-                (1) An analysis of the proposed site(s)           referenced in ï¿½ 921.12(a) after the proposed
              rity. Buffer zones protect the core area and           based on the biogeographical scheme/typol-              site is approved by NOAA under the terms of
              provide additional protection for estuarine-de-        ogy discussed in ï¿½ 921.3 and set forth in ap-           ï¿½ 921.11.
              pendent species, including those that are rare         pendices I and 11;
              or endangered. When determined appropriate                   (2) A description of the proposed site(s)         ï¿½ 921.13 Management plan and environ-
              by the state and approved by NOAA, the                 and its (their) major resources including lo-           mental impact statement development
              buffer zone may also include an area neces-            cation, proposed boundaries, and adjacent                      (a) After NOAA approves the state's pro-
              sary for facilities required for research and          land uses. Maps are required;                           posed site and application for funds submit-
              interpretation. Additionally, buffer zones                   (3) A description of the public partici-          ted pursuant to ï¿½ 921.12, the state may begin
              should be established sufficient to accommo-           pation process used by the state to solicit the         draft management plan development and the
              date a shift of the core area as a result of bio-      views of interested parties a summary of com-           collection of information necessary of the
              logical, ecological or geomorphological                ments, and, if interstate issues are involved,          preparation by NOAA of an EIS. The state
              change which reasonably could be expected              documentation that the Governor(s) of the               shall develop a draft management plan, in-
              to occur. National Estuarine Research Re-              other affected state(s) has been contacted.             cluding an MOU. The plan shall set out in
              serves may include existing Federal or state           Copies of all correspondence, including con-            detail:
              lands already in a protected status where mu-          tact letters to all affected landowners must be                (1) Reserve goals and objectives, man-
              tual benefit can be enhanced. However,                 appended;                                               agement issues, and strategies or actions for
              NOAA will not approve a site for potential                   (4) A list of all sites considered and a          meeting the goals and objectives;
              National Research Reserve status that is de-           brief statement of the reasons why a site was                  (2) An administrative plan including staff
              pendent primarily upon the inclusion of cur-           not preferred; and                                      roles in administration, research, education/
              rently protected Federal lands in order to meet              (5) A nomination of the proposed sites(s)         interpretation, and surveillance and enforce-
              the requirements for Reserve status (such as           for designation as a National Estuarine Re-             ment;
              key land and water areas). Such lands gener-           search Reserve by the Governor of the coastal                  (3) A research plan, including a moni-
              ally will be included within a Reserve to serve        state in which the state is located.                    toring design;
              as a buffer or for other ancillary purposes; and             (f) A state proposing to reactivate and                  (4) An education/interpretive plan;
              may be included, subject to NOAA approval,             inactive site, previously approved by NOAA                     (5) A plan for public access to the Re-
              as a limited portion of the core area;                 for development as an Estuarine Sanctuary or            serve;
                   (4) The site's suitability for long-term          Reserve, may apply for those funds remain-                     (6) A construction plan, including a pro-
              estuarine research, including ecological fac-          ing, if any, provided for site selection and fea-       posed construction schedule, general descrip-
              tors and proximity to existing research facili-        sibility (ï¿½ 921.11(a)) to determine the feasi-          tion of proposed developments and general
              ties and educational institutions;                     bility of reactivation, This feasibility study          cost estimates. Information should be pro-
                   (5) The site's compatibility with exist-          must comply with the requirement set forth              vided for proposed minor construction
              ing and potential land and water uses in con-          in ï¿½ 92 1.11 (c) through (e).                           projects in sufficient detail to allow these
              tiguous areas as well as approved coastal and                                                                  projects to begin in the initial phase of acqui-
              estuarine management plans; and                        ï¿½ 921.12 Post site selection                            sition and development. A categorical exclu-
                   (6) The site's importance to education                  (a) At the time of the coastal state's re-        sion, environmental assessment, or EIS may
              and interpretive efforts, consistent with the          quest for NOAA approval of a proposed site,             be required prior to construction;
              need for continued protection of the natural           the states may submit a request of funds to                    (7)(i) An acquisition plan identifying the
              system.                                                develop the draft management plan and for               ecologically key land and water areas of the
                   (d) Early in the site selection process the       preparation of the EIS. At this time, the state         Reserve, ranking theses areas according to
              state must seek the views of affected land-            may also submit a request for the remainder             their relative importance, and including a strat-
              owners, local governments, other state and             of the predesignation funds to perform a lim-           egy for establishing adequate long-term state
              Federal agencies and other parties who are             ited basic characterization of the physical,            control over these areas sufficient to provide
              interested in the area(s) being considered for         chemical and biological characteristics of the          protection for Reserve resources to ensure a
              selection as a potential National Estuarine Re-        site approved by NOAA necessary for pro-                stable environment for research. This plan
              search Reserve. After the local government(s)          viding EIS information to NOAA. The state's             must include an identification of ownership
              and affected landowner(s) have been con-               request of these post site selection funds must         within the proposed Reserve boundaries, in-
              tacted, at least one public meeting shall be           be accompanied by the information specified             cluding land already in the public domain; the
              held in the vicinity of the proposed site. No-         in subpart I and for draft management plan              method(s) of acquisition which the state pro-
              tice of such a meeting including the time,             development and EIS information collection,             poses to use- acquisition (including less-
              place, and relevant subject matter, shall be           the following programmatic information:                 than-fee simple options) to establish adequate
              announced by the state through the areas' prin-              (1) A draft management plan outline (see          long-term state control; an estimate to the fair
              cipal newspaper at least 15 days prior to the          ï¿½ 921.13(a) below); and                                 market value of any property interest- which
              date of the meeting and by NOAA in the Fed-                  (2) An outline of a draft memorandum              is proposed for acquisition; a schedule esti-
              eral Register.                                         of understanding (MOU) between the state                mating the time required to complete the pro-
              (e) A state request of NOAA approval of a              and NOAA detailing the Federal- state role in           cess of establishing adequate state control of
              proposed site (r sites in the case of a multi-         Reserve management during the initial period            the proposed research reserve; and a discus-
              site Reserve) must contain a description of            of Federal funding expressing the state's long-         sion of any anticipated problems. In select-
              the proposed site(s) in relationship to each of        term commitment to operate and manage the               ing a preferred method(s) for establishing ad-
                                                                                            244





                     APPENDIX G
                     NERR Regulotions




                     equate state control over areas within the pro-       use restrictions, including appropriate govern-       15 days prior to the meeting. The state shall
                     posed boundaries of the Reserve the state shall       ment enforcement agencies;                            be responsible for publishing a similar notice
                     perform the following steps for each parcel                 (9) If applicable, a restoration plan de-       in the local media.
                     determined to be part of the key land and water       scribing those portions of the site that may                (d) NOAA will publish a Federal Reg-
                     areas (control over which is necessary to pro-        require habitat modification to restore natu-         ister notice of intent to prepare a draft EIS.
                     tect their integrity of the Reserve for research      ral conditions;                                       After the draft EIS is prepared and filed with
                     purposes), and for those parcels required for               (10) If applicable, a resource manipula-        the Environmental Protection Agency (EPA),
                     research and interpretive support facilities or       tion plan, describing those portions of the           a Notice of Availability of the draft EIS will
                     buffer purposes:                                      Reserve buffer in which long-term pre-exist-          appear in the Federal Register. Not less than
                           (A) Determine, with appropriate justifi-        ing (prior to designation) manipulation for           30 days after publication of the notice, NOAA
                     cation, the minimum level of control(s) re-           reasons not related to research or restoration        will hold at least one public hearing in the
                     quired [e.g., management agreement, regula-           is occurring. The plan shall explain in detail        area or areas most affected by the proposed
                     tion, less-than-fee simple property interest          the nature of such activities, shall justify why      national estuarine research reserve. The hear-
                     (e.g., conservation easement) fee simple prop-        such manipulation should be permitted to con-         ing will be no sooner than 125 days after ap-
                     erty acquisition, or a combination of these           tinue within the reserve buffer; and shall de-        propriate notice of the meeting has been given
                     approaches]. This does not preclude the fu-           scribe possible effects of this manipulation on       in the principal news media by the state and
                     ture necessity of increasing the level of state       key land and water areas and their resources;         in the Federal Register by NOAA. After a
                     control;                                                    (11) A proposed memorandum of under-            45-day comment period, a final EIS will be
                           (B) Identify the level of existing state        standing (MOU) between the state and NOAA             prepared by the state and NOAA.
                     control(s);                                           regarding the Federal-state relationship dur-
                           (C) Identify the level of additional state      ing the establishment and development of the          Subpart C-Acquisition, Development and
                     control(s), if any, necessary to meet the mini-       National Estuarine Research Reserve, and ex-          Preparation of the Final Management Plan
                     mum requirements identified in paragraph              pressing a long-term commitment by the state
                     (a)(7)(i)(A) of this section;                         to maintain and manage the Reserve in ac-             ï¿½921.20 General.
                           (D) Examine all reasonable alternatives         cordance with section 315 of the Act, 16                    The acquisition and development period
                     for attaining the level of control identified in      U.S.C. 1461, and applicable regulations. In           is separated into two major phases. After
                     paragraph (a)(7)(i)(C) of this section, and           conjunction with the MOU, and where pos-              NOAA approval of the site, draft management
                     perform a cost analysis of each; and                  sible under state law, the state will consider        plan and draft MOU, and completion of the
                           (E) Rank, in order of cost, the methods         taking appropriate administrative or legisla-         final EIS, a coastal state is eligible for an ini-
                     (including acquisition) identified in paragraph       tive action to ensure the long-term protection        tial acquisition and development awafd(s). In
                     (a)(7)(i)(D) of this section.                         and operation of the National Estuarine Re-           this initial phase, the state should work to meet
                           (ii) An assessment of the relative cost-        search Reserve. If other MOUs are necessary           the criteria required for formal research re-
                     effectiveness of control alternatives shall in-       (such as with a Federal agency, another state         serve designation; e.g., establishing adequate
                     clude a reasonable estimate of both short-term        agency or private organization), drafts of such       state control over the key land and water ar-
                     costs, negotiation, adjudication, etc.,) and          MOUs must be included in the plan. All nec-           eas as specified in the draft management plan
                     long-term costs (e.g., monitoring, enforce-           essary MOUs shall be signed prior to Reserve          and preparing the final management plan.
                     ment, adjudication, management and coordi-            designation; and                                      These requirements are specified in ï¿½921.30.
                     nation). In selecting a preferred method(s) for             (12) If the state has a federally approved      Minor construction in accordance with the
                     establishing adequate state control over each         coastal management program, a certification           draft management plan may also be conducted
                     parcel examined under the process described           that the National Estuarine Research Reserve          during this initial phase. The initial acquisi-
                     above, the state control over each parcel ex-         is consistent to the maximum extent practi-           tion and development phase is expected to last
                     amined under the process described above, the         cable with that program. See ï¿½921,4(b) and            no longer than three years. If necessary, a
                     state shall give priority consideration to the        ï¿½921.30(b).                                           longer time period maybe negotiated between
                     least costly method(s) of attaining the mini-               (b) Regarding the preparation of an EIS         the state and NOAA. After Reserve designa-
                     mum level of long-term control required. Gen-         under the National Environmental Policy Act           tion, a state is eligible for a supplemental ac-
                     erally, with the possible exception of buffer         on a National Estuarine Research Reserve              quisition and development award(s) in accor-
                     areas required for support facilities, the level      proposal, the state and NOAA shall collect            dance with ï¿½921.31. In this post-designation
                     of control(s) required for buffer areas will be       all necessary information concerning the so-          acquisition and development phase, funds
                     considerably less than that required for key          cioeconomic and environmental impacts as-             may be used in accordance with the final man-
                     land and water areas. This acquisition plan,          sociated with implementing the draft manage-          agement plan to construct research and edu-
                     after receiving the approval of NOAA, shall           ment plan and feasible alternatives to the plan.      cational facilities, complete any remaining
                     serve as a guide for negotiations with land-          Based on this information, the state will draft       land acquisition, for program development,
                     owners. A final boundary for the reserve shall        and provide NOAA with a preliminary EIS.              and for restorative activities identified in the
                     be delineated as a part of the final manage-                (c) Early in the development of the draft       final management plan. In any case, the
                     ment plan;                                            management plan and the draft EIS, the state          amount of Federal financial assistance pro-
                           (8) A resource protection plan detailing        and NOAA shall hold a scoping meeting (pur-           vided to a coastal state with respect to the
                     applicable authorities, including allowable           suant to NEPA) in the area or areas most af-          acquisition of lands and waters, or interests
                     uses, uses requiring a permit and permit re-          fected to solicit public and government com-          therein, for any one National Estuarine Re-
                     quirements, any restrictions on use of the re-        merits on the significant issues related to the       search Reserve may not exceed an amount
                     search reserve, and a strategy for research re-       proposed action. NOAA will publish a notice           equal to 50 percent of the costs of the lands,
                     serve surveillance and enforcement of such            of the meeting in the Federal Register at least       waters, and interests therein or $5,000,000,
                                                                                                 245





                                                                                                                                               APPENDIX G
                                                                                    Federol Register, Vol. 58, No. 134, 717 5193




              whichever amount is less.                           ment plan may begin with NOAA!s approval.            less-then-fee-simple interests acquired in
                                                                        (e) For any real property acquired in          whole or part with Federal funds.
              ï¿½921.21 Initial acquisition and develop-            whole or part with Federal funds for the Re-               (g) Federal funds or non-Federal match-
              ment awards.                                        serve, the state shall execute suitable title        ing share funds shall not be spent to acquire a
                   (a) Assistance is provided to aid the re-      documents to include substantially the follow-       real property interest in which the state will
              cipient prior to designation in:                    ing provisions, or otherwise append the fol-         own the land concurrently with another en-
                   (1) Acquiring a fee simple or less-than-       lowing provisions in a manner acceptable             tity unless the property interest has been iden-
              fee simple real property interest in land and       under applicable state law to the official land      tified as a part of an acquisition strategy pur-
              water areas to be included in the Reserve           record(s):                                           suant to ï¿½ 921.13(7) which has been approved
              boundaries (see ï¿½921.13(a)(7); ï¿½921.30(d));               (1) Title to the property conveyed by this     by NOAA prior to the effective date of these
                   (2) Minor construction, as provided in         deed shall vest in the [recipient of the award       regulations.
              paragraphs (b) and (c) of this section;             granted pursuant to section 315 of the Act, 16             (h) Prior to submitting the final manage-
                   (3) Preparing the final management plan;       U.S.C 1461 or other NOAA approved state              ment plan to NOAA for review and approval,
              and                                                 agency subject to the condition that the des-        the state shall hold a public meeting to re-
                   (4) Initial management costs, e.g., for        ignation of the [name of National Estuarine          ceive comment on the plan in the area affected
              implementing the NOAA approved draft man-           Research Reserve]; is not withdrawn and the          by the estuarine research reserve. NOAA will
              agement plan, hiring a Reserve manager and          property remains part of the federally desig-        publish a notice of the meeting in the Fed-
              other staff as necessary and for other man-         nated [name of National Estuarine Research           eral Register at least 15 days prior to the
              agement-related activities. Application proce-      Reserve]; and                                        public meeting. The state shall be responsible
              dures are specified in subpart 1.                         (2) In the event that the property is no       for having a similar notice published in the
                   (b) The expenditure of Federal and state       longer included as part of the Reserve, or if        local newspaper(s).
              funds on major construction activities is not       the designation of the Reserve of which it is
              allowed during the initial acquisition and de-      part is withdrawn, then NOAA or its succes-          Subpart D- Reserve Designation and Sub-
              velopment phase. The preparation of archi-          sor agency, after full and reasonable consul-        sequent Operation
              tectural and engineering plans, including           tation with the State, may exercise the fol-
              specifications, for any proposed construction,      lowing rights regarding the disposition of the       ï¿½ 921.30 Designation of National Estuarine
              or for proposed restorative activities, is per-     property:                                            Research Reserves
              mitted. In addition, minor construction activi-           (i) The recipient may retain tide after              (a) The Under Secretary may designate
              ties, consistent with paragraph (c) of this sec-    paying the Federal Government an amount              an area proposed for designation by the Gov-
              tion also are allowed. The NOAA-approved            computed by applying the Federal percent-            emor of the state in which it is located, as a
              draft management plan must, however, in-            age of participation in the cost of the original     National Estuarine Research Reserve if the
              clude a construction plan and a public access       project to the current fair market value of the      Under Secretary finds:
              plan before any award funds can be spent on         property;                                                  (1) The area is a representative estuarine
              construction activities.                                  (ii) If the recipient does not elect to re-    ecosystem that is suitable for long-term re-
                   (c) Only minor construction activities         tain title, the Federal Government may either        search and contributes to the biogeographi-
              that aid in implementing portions of the man-       direct the recipient to sell the property and        cal and typological balance of the System;
              agement plan (such as boat ramps and nature         pay the Federal Government an amount com-                  (2) Key land and water areas of the pro-
              trails) are permitted during the initial acqui-     puted by applying the Federal percentage of          posed Reserve, as identified in the manage-
              sition and development phase. No more than          participation in the cost of the original project    ment plan, are under adequate state control
              five (5) percent of the initial acquisition and     to the proceeds from the sale (after deducting       sufficient to provide long-term protection for
              development award may be expended on such           actual and reasonable selling and. repair or         reserve resources to ensure a stable environ-
              activities. NOAA must make a specific deter-        renovation expenses, if any, from the sale pro-      ment for research.
              mination, based on the final EIS, that the con-     ceeds), or direct the recipient to transfer title          (3) Designation of the area as a Reserve
              struction activity will not be detrimental to       to the Federal Government. If directed to            will serve to enhance public awareness and
              the environment.                                    transfer title to the Federal Government, the        understanding of estuarine areas, and provide
                   (d) Except as specifically provided in         recipient shall be entitled to compensation          suitable opportunities for public education and
              paragraphs (a) through (c) of this section, con-    computed by applying the recipient's percent-        interpretation;
              struction projects, to be funded in whole or in     age of participation in the cost of the original           (4) A final management plan has been
              part under an acquisition and development           project to the current fair market value of the      approved by NOAA;
              award(s), may not be initiated until the Re-        property; and                                              (5) An MOU has been signed between
              serve receives formal designation (see                    (iii) Fair market value of the property        the state and NOAA ensuring a long-term
              ï¿½921.30). This requirement has been adopted         must be determined by an independent ap-             commitment by the state to the effective op-
              to ensure that substantial progress in estab-       praiser and certified by a responsible official      eration and implementation of the area as a
              lishing adequate state control over key land        of the state, as provided by Department of           National Estuarine Research Reserve;
              and water areas has been made and that a fi-        Commerce regulations at 15 CFR part 24, and                (6) All MOU's necessary for reserve
              nal management plan is completed before             Uniform Relocation Assistance and Real               management (ie., with relevant Federal, state,
              major sums are spent on construction. Once          Property Acquisition for Federal and Feder-          and local agencies and/or private organiza-
              substantial progress in establishing adequate       ally assisted programs at 15 CFR part 11.            tions/ have been signed; and
              state controll acquisition has been made, as              (f) Upon instruction by NOAA, provi-                 (7) The coastal state in which the area is
              defined by the state in the management plan,        sions analogous to those of ï¿½921.21(e) shall         located has complied with the requirements
              other activities guided by the final manage-        be included in the documentation underlying          of subpart B.
                                                                                        246





                         APPENDIX G
                         NERR Regulations




                               (b) NOAA will determine whether the                Acquisition awards for the acquisition of lands          ï¿½921.33 Boundary changes, amendments to
                         designation of a National Estuarine Research             or waters, or interests therein, for any one re-         the management plan, and addition of
                         Reserve in a state with a federally approved             serve may not exceed an amount equal to 50               multiple-site                       components.
                         coastal zone management program directly                 percenturn of the cost of the lands, waters,                   (a) Changes in the boundary of a Reserve
                         affects the coastal zone. If the designation is          and interests therein or $5,000,000, which-              and major changes to the final management
                         found to directly affect the coastal zone. If            ever amount is less. In the case of a biogeo-            plan, including state laws or regulations pro-
                         the designation is found to directly affect the          graphic region (see Appendix 1) shared by two            mulgated specifically for the Reserve, may be
                         coastal zone, NOAA will make a consistency               or more states, each state is eligible indepen-          made only after written approval by NOAA.
                         determination pursuant to ï¿½307(c)(1) of the              dently for Federal financial assistance to es-           NOAA may require public notice, including
                         Act, 16 U.S.C. 1456, and 15 CFR part 930,                tablish a separate National Estuarine Research           notice in the Federal Register and an oppor-
                         subpart C. See ï¿½ 921.4(b). The results of this           Reserve within their respective portion of the           tunity for public comment before approving
                         consistency determination will be published              shared biogeographic region. Application pro-            a boundary or management plan change.
                         in the Federal Register when the notice of               cedures are specified in subpart 1. Land ac-             Changes in the boundary of a Reserve involv-
                         designation is published. See ï¿½921.30(c).                quisition must follow the procedures speci-              ing the acquisition of properties not listed in
                               (c) NOAA will publish the notice of des-           fied in ï¿½921.13(a)(7), ï¿½921.21(e) and (f) and            the management plan or final EIS require pub-
                         ignation of a National Estuarine Research                ï¿½921.81.                                                 lic notice and the opportunity for comment;
                         Reserve in the Federal Register. The state                                                                        in certain cases, a categorical exclusion, an
                         shall be responsible for having a similar no-            ï¿½ 921.32 Operation and management:                       environmental assessment and possibly an
                         tice published in the local media.                       Implementation of the management plan.                   environmental impact statement may be re-
                               (d) The term "state control" in ï¿½                        (a) After the Reserve is formally desig-           quired. NOAA will place a notice in the Fed-
                         921.30(a)(3) does not necessarily require that           nated, a coastal state is eligible to receive Fed-       eral Register of any proposed changes in Re-
                         key land and water areas be owned by the state           eral funds to assist the state in the operation          serve boundaries or proposed major changes
                         in fee simple. Acquisition of less-than-fee              and management of the Reserve including the              to the final management plan. The state shall
                         simple interests (e.g., conservation easements)          management of research, monitoring, educa-               be responsible for publishing an equivalent
                         and utilization of existing state regulatory             tion, and interpretive programs. The purpose             notice in the local media. See also require-
                         measures are encouraged where the state can              of this Federally funded operation and man-              ments of ï¿½ 921.4(b) and
                         demonstrate that these interests and measures            agement phase is to implement the approved               ï¿½ 921.13(a)(I 1).
                         assure adequate long-term state control con-             final management plan and to take the neces-                   (b) As discussed in ï¿½ 92 1. 1 0(b), a state
                         sistent with the purposes of the research re-            sary steps to ensure the continued effective             may choose to develop a multiple-site Na-
                         serve (see also ï¿½ 921.13(a)(7); ï¿½ 921.21(g)).            operation of the Reserve.                                tional Estuarine Research Reserve after the
                         Should the state later elect to purchase an in-                (b) State operation and management of              initial acquisition and development award for
                         terest in such lands using NOAA funds, ad-               the Reserves shall be consistent with the mis-           a single site has been made. NOAA win pub-
                         equate justification as to the need for such             sion, and shall further the goals of the Na-             lish notice of the proposed new site including
                         acquisition must be provided to NOAA.                    tional Estuarine Research Reserve program                an invitation for comments from the public in
                                                                                  (see ï¿½ 92 1. 1).                                         the Federal Register. The state shall be re-
                         ï¿½ 921.31 Supplemental acquisition and de-                      (c) Federal funds are available for the            sponsible for publishing an equivalent notice
                         velopment awards.                                        operation and management of the Reserve.                 in the local newspaper(s). An EIS, if required.
                               After National Estuarine Research Re-              Federal funds provided pursuant to this sec-             shall be prepared in accordance with section
                         serve designation, and as specified in the ap-           tion may not exceed 70% of the total cost of             ï¿½ 921.13 and shall include an administrative
                         proved management plan, a coastal state may              operating and managing the Reserve for any               framework for the multiple-site Reserve and
                         request a supplemental acquisition and/or                one year. In the case of a biogeographic re-             a description of the complementary research
                         development award(s) for acquiring additional            gion (see Appendix 1) shared by two or more              and educational programs within the Reserve.
                         property interests identified in the manage-             states, each state is eligible for Federal fman-         If NOAA determines, based on the scope of
                         ment plan as necessary to strengthen protec-             cial assistance to establish a separate Reserve          the project and the issues associated with the
                         tion of key land and water areas and to en-              within their respective portion of the shared            additional site(s), that an environmental as-
                         hance long-term protection of the area for re-           biogeographic region (see ï¿½ 92 1. 10).                   sessment is sufficient to establish a multiple-
                         search and education, for facility and exhibit                 (d) Operation and management funds are             site Reserve, then the state shall develop a
                         construction, for restorative activities identi-         subject to the following limitations:                    revised management plan which, concerning
                         fied in the approved management plan, for                      (1) Eligible coastal state agencies may            the additional component, incorporates each
                         administrative purposes related to acquisition           apply for up to the maximum share available              of the elements described in ï¿½ 921.13 (a). The
                         and/or facility construction and to develop              per Reserve for that fiscal year. Share amounts          revised management plan shall address goals
                         and/or upgrade research, monitoring and edu-             will be announced annually by letter from the            and objectives for all components of the multi-
                         cationfinterpretive programs. Federal finan-             Sanctuary and Reserves Division to all par-              site Reserve and the additional component's
                         cial assistance provided to a National Estua-            ticipating states. This letter will be provided          relationship to the original site(s).
                         rine Research Reserve for supplemental de-               as soon as practicable following approval of                   (c) The state shall revise the management
                         velopment costs directly associated with fa-             the Federal budget for that fiscal. year.                plan for a Reserve at least every five years, or
                         cility construction (i.e., major construction ac-              (2) No more than ten percent of the total          more often if necessary. Management plan
                         tivities) may not exceed 70 percent of the to-           amount (state and Federal shares) of each                revisions are subject to (a) above.
                         tal project cost. NOAA must make a specific              operation and management award may be                          (d) NOAA will approve boundary
                         determination that the construction activity             used for construction-type activities.                   changes, amendments to management plans,
                         will not be detrimental to the environment.                                                                       or the addition of multiple-site components,
                                                                                                         247





                                                                                                                                             APPENDIX G
                                                                                  Federol Register, Vol, 58, No. 734, 717 5193




            by notice in the Federal Register. If neces-         able funds for that purpose, not requesting          ness and understanding of estuarine ecosys-
            sary NOAA will revise the designation docu-          promptly additional funds when necessary,            tems and estuarine management issues. Spe-
            ment (findings) for the site.                        and evidence that adequate long-term state           cial research projects may be oriented to spe-
                                                                 control has not been established over some           cific Reserves; however, research projects that
            Subpart E - Ongoing Oversight, Perfor-               core or buffer areas, thus jeopardizing the abil-    would benefit more than one Reserve in the
            mance Evaluation and Withdrawal of Des-              ity to protect the Reserve site and resources        National Estuarine Reserve Research System
            ignation                                             from offsite impacts.                                are encouraged.
                                                                      (7) Inadequate implementation of Re-                 (b) Funds provided under this subpart are
            ï¿½ 921.40 Ongoing oversight and evaluations           serve protection plan. Indicators of inadequate      available on a competitive basis to any coastal
            of designated National Estuarine Research            implementation could include: Evidence of            state or qualified public or private person. A
            Reserves.                                            non-compliance with Reserve restrictions,            notice of available funds will be published in
                 (a) The Sanctuaries and Reserve Divi-           insufficient surveillance and enforcement to         the Federal Register. Special research project
            sion shall conduct, in accordance with sec-          assure that restrictions on use of the Reserve       funds are provided in addition to any other
            tion 312 of the Act and procedures set forth         are adhered to, or evidence that Reserve re-         funds available to a coastal state under theAct.
            in 15 CFR part 928, ongoing oversight and            sources are being damaged or destroyed as a          Federal funds provided under this subpart may
            evaluations of Reserves. Interim sanctions           result of the above.                                 not exceed 70% of the total cost of the project,
            may be imposed in accordance with regula-                 (8) Failure to carry out the terms of the       consistent with ï¿½ 921.81(e)(4) ("allowable
            tions promulgated under 15 CFR part 928.             signed Memorandum of Understanding                   costs").
                 (b) The Assistant Administrator may             (MOU) between the state and NOAA, which
            consider the following indicators of non-ad-         establishes a long-term state commitment to          ï¿½921.51 Estuarine research guidelines
            herence in determining whether to invoke in-         maintain and manage the Reserve in accor-                 (a) Research within the National Estua-
            terim sanctions:                                     dance with section 315 of the Act. Indicators        rine Research Reserve System shall be con-
                 (1) Inadequate implementation of re-            of failure could include: State action to allow      ducted in a manner consistent with Estuarine
            quired staff roles in administration, research,      incompatible uses of state-controlled lands or       Research Guidelines developed by NOAA.
            education/interpretation, and surveillance and       waters in the Reserve, failure of the state to            (b) A summary of the Estuarine Research
            enforcement. Indicators of inadequate imple-         bear its fair share of costs associated with         Guidelines is published in the Federal Reg-
            mentation could include: No Reserve Man-             long-term operation and management of the            ister as a part of the notice of available funds
            ager, or no staff or insufficient staff to carry     Reserve, or failure to initiate timely updates       discussed in ï¿½ 921.50(c).
            out the required functions.                          of the MOU when necessary.                                (c) The Estuarine Research Guidelines
                 (2) Inadequate implementation of the                                                                 are reviewed annually by NOAA. This review
            required research plan, including the moni-          ï¿½921.41 Withdrawal of Designation                    will include an opportunity for comment by
            toring design. Indicators of inadequate imple-       The Assistant Administrator may withdraw             the estuarine research community.
            mentation could include: Not carrying out            designation of an estuarine area as a National
            research or monitoring that is required by the       Estuarine Research Reserve pursuant to and           ï¿½921.52 Promotion and coordination of
            plan, or carrying out research or monitoring         in accordance with the procedures of section         estuarine research
            that is inconsistent with the plan.                  312 and 315 of the Act and regulations pro-
                 (3) Inadequate implementation of the            mulgated thereunder.                                      (a) NOAA will promote and coordinate
            required education/interpretation plan. Indi-                                                             the use of the National Estuarine Research
            cators of inadequate implementation could            Subpart F-Special Research Projects                  Reserve System for research purposes.
            include: Not carrying out education or inter-                                                                  (b) NOAA will. in conducting or sup-
            pretation that is required by the plan, or car-      ï¿½921.50 General                                      porting estuarine research other than that au-
            rying out education/interpretation that is in-            (a) To stimulate high quality research          thorized under section 315 of the Act, give
            consistent with the plan.                            within designated Research Reserves, NOAA            priority consideration to research that make
                 (4) Inadequate implementation of pub-           may provide financial support for research           use of the National Estuarine Research Re-
            lic access to the Reserve. Indicators of inad-       projects which are consistent with the Estua-        serve System.
            equate implementation of public access could         rine Research Guidelines referenced in                    (c) NOAA will consult with other Fed-
            include: Not providing necessary access, giv-        ï¿½ 921.51. Research awards may be awarded             eral and state agencies to promote use of one
            ing full consideration to the need to keep some      under this subpart to only those designated          or more research reserves within the National
            areas off limits to the public in order to pro-      Reserves with approved final management              Estuarine Research Reserve System when
            tect fragile resources.                              plans. Although research may be conducted            such agencies conduct estuarine research.
                 (5) Inadequate implementation of facil-         within the immediate watershed of the Re-
            ity development plan. Indicators of inadequate       serve, the majority of research activities of        Subpart G- Special Monitoring Projects
            implementation could include: Not taking             any single research project funded under this
            action to propose and budget for necessary           subpart may be conducted within reserve              ï¿½921.60 General
            facilities, or not undertaking necessary con-        boundaries. Funds provided under this sub-
            struction in a timely manner when funds are          part primarily used to support management-                (a) To provide a systematic basis for de-
            available.                                           related research projects that will enhance          veloping a high quality estuarine resource and
                 (6) Inadequate implementation of acqui-         scientific understanding of the Reserve eco-         ecosystem information base for National Es-
            sition plan. Indicators of inadequate imple-         system, provide information needed by Re-            tuarine Research Reserves and, as a result, for
            mentation could include: Not pursuing an             serve management and coastal management              the System, NOAA may provide financial
            aggressive acquisition program with all avail-       decision-makers, and improve public aware-           support for basic monitoring programs as part
                                                                                      248





                         APPENDIX G
                         NERR Regulations




                         of operations and management under ï¿½                   funds available to a coastal state under the Act.      must contain back up data for budget estimates
                         921.32. Monitoring funds are used to support           Federal funds provided under this subpart may          (Federal and non-Federal shares), and evi-
                         three major phases of a monitoring program:            not exceed 70% of the total cost of the project,       dence that the application complies with the
                         (1) Studies necessary to collect date for a com-       consistent with ï¿½921.81(e)(4) ("allowable              Executive Order 12372, "Intergovernmental
                         prehensive site description/ characterization;         costs").                                               Review of Federal Programs." In addition,
                         (2) development of a site profile; and (3) for-             (c) Applicants for education/interpretive         applications for acquisition and development
                         mulation and implementation of a monitor-              projects that NOAA determines benefit the              awards must contain:
                         ing program.                                           entire National Estuarine Research Reserve                  (1) State Historic Preservation Office
                              (b)Additional monitoring funds may be             System may receive Federal assistance of up            comments;
                         available on a competitive basis to the state          to 100% of project costs.                                   (2) Written approval from NOAA of the
                         agency responsible for Reserve management                                                                     draft management plan for initial acquisition
                         or a qualified public or private person or en-         Subpart I - General Financial Assistance               and development awards(s); and
                         tity. However, if the applicant is other than          Provisions                                                  (3) A preliminary engineering report for
                         the managing entity of a Reserve that appli-                                                                  construction activities.
                         cant must submit as a part of the application          ï¿½921.80 Application Information.
                         a letter from the Reserve manager indicating                (a) Only a coastal state may apply for            ï¿½921.81 Allowable costs.
                         formal support of the application by the man-          Federal financial assistance awards for                     (a) Allowable costs will be determined
                         aging entity of the Reserve. Funds provided            preacquisition, acquisition and development,           in accordance with applicable OMB Circulars
                         under this subpart for special monitoring              operation and management, and special edu-             and guidance for Federal financial assistance,
                         projects are provided in addition to any other         cation and interpretation projects under sub-          the financial assistant agreement, these regu-
                         federal funds available to a state under the Act.      part H. Any coastal state or public or private         lations, and other Department of Commerce
                         Federal Funds provided under this subpart              person may apply for Federal financial assis-          and NOAA directives. The term "costs" ap-
                         may not exceed 70% of the total cost of the            tance awards for special estuarine research or         plies to both the Federal and non-Federal
                         project, consistent with ï¿½ 921.81(e)(4) ("al-          monitoring projects under subpart G. The               shares.
                         lowable costs").                                       announcement of opportunities to conduct                    (b) Costs claimed as charges to the
                              (c) Monitoring projects funded under this         research in the System appears on an annual            award must be reasonable, beneficial and nec-
                         subpart must focus on the resources within             basis in the Federal Register. If a state is           essary for the proper and efficient adminis-
                         the boundaries of the Reserve and must be              participating in the national Coastal Zone             tration of the financial assistance award and
                         consistent with the applicable sections of the         Management Program, the applicant for an               must be incurred during the award period.
                         Estuarine Research Guidelines referenced in            award under section 315 of the Act shall no-                (c) Costs must not be allocable to or in-
                         ï¿½ 921.51. Portions of the project may occur            tify the state coastal management agency re-           cluded as a cost of any other Federally-fi-
                         within the immediate watershed of the Re-              garding the application.                               nanced program in either the current or a prior
                         serve beyond the site boundaries. However,                  (b) An original and two copies of the             award period.
                         the monitoring proposal must demonstrate               formal application must be submitted at least               (d) General guidelines for the non-Fed-
                         why this is necessary for the success of the           120 working days prior to the proposed be-             eral share are contained in Department of
                         project.                                               ginning of the project to the following address:       Commerce Regulations at 15 CFR part 224
                                                                                Sanctuaries and Reserves Division Ocean and            and OMB Circular A-110. Copies of Circu-
                         Subpart H-Special Interpretation and                   Coastal Resource Management, National                  JarA-110 can be obtained from the Sanctuar-
                         Education Projects                                     Ocean and Atmospheric Administration, 1825             ies and Reserves Division; 1825 Connecticut
                                                                                Connecticut Avenue, NW., suite 714, Wash-              Avenue, NW., suite 714; Washington, DC
                         ï¿½921.70 General                                        ington, DC 20235. Applications for Federal             20235. The following may be used in satis-
                              (a) To stimulate the development of in-           Assistance Standard Form 424 (Non-con-                 fying the matching requirement:
                         novative or creative interpretive and educa-           struction Program) constitutes the formal ap-               (1) Site selection andpost site selection
                         tional projects and materials to enhance pub-          plication for site selection, post-site selection,     awards. Cash and in-kind contributions (value
                         lic awareness and understanding of estuarine           operation and management, research, and                of goods and services directly benefiting and
                         areas, NOAA may fund special interpretive              education and interpretive awards. The Ap-             specifically identifiable to this part of the
                         and educational projects in addition to those          plication for Federal Financial assistance             project) are allowable. Land may not be used
                         activities provided for in operations and man-         Standard Form 424 (Construction Program)               as match.
                         agement under ï¿½921.32. Special interpretive            constitutes the formal application for land ac-             (2) Acquisition and development
                         and educational awards may be awarded un-              quisition and development awards. The ap-              awards. Cash and in-kind contributions are
                         der this subpart to only those designated Re-          plication must be accompanied by the infor-            allowable. In general, the fair market value
                         serves with approved final management plans.           mation required in subpart B (predesignation),         of lands to be included within the Reserve
                              (b) Funds provided under this subpart             subpart C and ï¿½921.31 (acquisition and de-             boundaries and acquired pursuant to the Act,
                         may be available on a competitive basis to any         velopment), and ï¿½921.32(operation and man-             with other than Federal funds, may be used
                         state agency. However, if the applicant is other       agement) as applicable. Applications for de-           as match. However, the fair market value of
                         than the managing entity of a Reserve, that            velopment awards for construction projects,            real property allowable as match is limited to
                         applicant must submit as a part of the appli-          or restorative activities involving construction,      the fair market value of a real property inter-
                         cation a letter from the Reserve manager in-           must include a preliminary engineering report,         est equivalent to, or required to attain, the level
                         dicating formal support of the application by          a detailed construction plan, a site plan, a bud-      of control over such land(s) identified by the
                         the managing entity of the Reserve. These              get and categorical exclusion check list or            state and approved by the Federal Government
                         funds are provided in addition to any other            environmental assessment. All applications
                                                                                                      249





                                                                                                                                             APPENDIX G
                                                                                Federal Register, Vol, 58, No. 7 34, 717 51193




           as that necessary for the protection and man-        Appendix I to Part 921 - Biogeographic                     23. Lake Ontario (including St.
           agement of the National Estuarine Research           Classification Scheme                                Lawrence River.)
           Reserve. Appraisals must be performed ac-
           cording to Federal appraisal standards as de-        Acadian                                              Fjord
           tailed in Department of Commerce regulations               1. Northern of Maine (Eastport of the                24. Southern Alaska (Prince of Wales
           at 15 CFR part 24 and the Uniform Reloca-            Sheepscot River.)                                    Island to Cook Inlet.)
           tion Assistance and Real Property Acquisition              2. Southern Gulf of Maine (Sheepscot                 25. Aleutian Island (Cook Inlet Bristol
           for Federal Land Federally assisted programs         River to Cape Cod.)                                  Bay.)
           in 15 CFR part 11. The fair market value of
           privately donated land, at the time of dona-         Virginian                                            Sub-Arctic
           tion, as established by an independent ap-                 3. Southern New England (Cape Cod to                 26. Northern Alaska (Bristol Bay to
           praiser and certified by a responsible official      Sandy Hook.)                                         Damarcation Point.)
           Of the state, pursuant to 15 CFR part 11, may              4. Middle Atlantic (Sandy Hook to Cape
           also be used as match. Land, including sub-          Hatteras.)                                           Insular
           merged lands already in the state's possession,            5. Chesapeake Bay.                                   27. Hawaiian Islands.
           may be used as match to establish a National                                                                    28. Western Pacific Island.
           Estuarine Research Reserve. The value of             Carolinian                                                 29. Eastern Pacific Island.
           match for these state lands will be calculated             6. North Carolinas (Cape Hatteras to
           by determining the value of the benefits fore-       Santee River.)                                       Billing Code 3510-08-M
           gone by the state, in the use of the land, as a            7. South Atlantic (Santee River to St.
           result of new restrictions that may be imposed       John's River.)                                       Appendix 11 to Part 921-T@pology of Na-
           by Reserve designation. The appraisal of the               8. East Florida (St. John's River to Cape      tional Estuarine Research Reserves
           benefits foregone must be made by an inde-           Canaveral.)
           pendent appraiser in accordance with Federal                                                                    This typology system reflects significant
           appraisal standards pursuant to 15 CFR part          West Indian                                          differences in estuarine characteristics that are
           24 and 15 CFR part 11. A state may initially               9. Caribbean (Cape Canaveral to Ft.            not necessarily related to regional location.
           use as match land valued at greater than the         Jefferson and south.)                                The purpose of this type of classification is to
           Federal share of the acquisition and develop-              10. West Florida (Ft. Jefferson to Cedar       maximize ecosystem variety in the selection
           ment award. The value in excess of the               Key.)                                                of national estuarine reserves. Priority will
           amount required as match for the initial award                                                            be given to important ecosystem types as yet
           may be used to match subsequent supplemen-           Louisianian                                          unrepresented in the reserve system. It should
           tal acquisition and development awards for                 11. Panhandle Coast (Cedar Key to              be noted that any one site may represent sev-
           the National Estuarine Research Reserve (see         Mobile Bay.)                                         eral ecosystem types or physical characteris-
           also ï¿½921.20). Costs related to land acquisi-              12. Mississippi Delta (Mobile Bay to           tics.
           tion, such as appraisals, legal fees and sur-        Galveston.)
           veys, may also be used as match.                           13. Western Gulf (Galveston to Mexi-           Class I-Ecosystem Types
                (3) Operation and management awards.            can border.)
           Generally, cash and in-kind contributions (di-                                                            Group I-Shorelands
           rectly benefiting and specifically identifiable      Californian                                                A. Maritime Forest- Woodland. That
           to operations and management), except land,                14. Southern California (Mexican Bor-          have developed under the influence of salt
           are allowable.                                       der to Point Conception.)                            spray. It can be found on coastal uplands or
                (4) Research, monitoring, education and               15. Central California (Point Concel)-         recent features such as barrier islands and
           interpretive awards. Cash and in-kind con-           tion to Cape Mendocino.)                             beaches, and biomes:
           tributions (directly benefiting and specifically           16. San Francisco Bay.                               1. Northern coniferous forest biome:
           identifiable to the scope of work), except land,                                                          This is an area of predominantly evergreens
           are allowable.                                       Columbian                                            such  as the sitka spruce (Picea), grand fir
                                                                      17. Middle Pacific (Cape Mendocino to          (Abies), and white cedar (Thuja), with poor
           ï¿½921.82 Amendments to financial assis-               the Columbia River.)                                 development of the shrub and herb leyera, but
           tance awards.                                              18. Washington Coast (Columbia River           high annual productivity and pronounced sea-
                Actions requiring an amendment to the           to Vancouver Island.)                                sonal periodicity.
           financial assistance award, such as a request              19. Puget Sound.                                     2. Moist temperate (Mesothermal) conif-
           for additional Federal funds, revisions of the                                                            erous forest biome: Found along the west
           approved project budget or original scope of         Great Lakes                                          coast of North America from California to
           work, or extension of the performance period               20. Lake Superior (including St. Mary's        Alaska, this area is dominated by conifers, has
           must be submitted to NOAA on standard                River.)                                              relatively small seasonal range, high humid-
           Form 424 and approved in writing.                          2 1. Lakes Michigan and Huron (includ-         ity with rainfall ranging from 30 to 150 inches,
                                                                ing Straits of Mackinac, St. Clair River, and        and a well-developed understory of vegeta-
                                                                Lake St. Clair.)                                     tion with an abundance of mosses and other
                                                                      22. Lake Erie (including Detroit River         moisture-tolerant plants.
                                                                and Niagara Falls.)                                        3. Temperate deciduous forest biome:


                                                                                     250





                       APPENDIX G
                       NERR Regulations


                                                                                 Figure I
                        Sub-Art!                                                                                                 intergrigolia and Saxilrage oppositifolia. This
                           26                     National Estuarine Research Reserve System                                     area can be divided into two main subdivi-
                                   25 \ 24               Biogeographic Regions of the United States                              sions:
                                   Fjo,d                                                                                               1. Low tundra: Characterized by a thick,
                                                                                                                                 spongy mat of living and undecayed vegeta-
                                        19                                                                                       tion, often with water and dotted with ponds
                                                                                                                                 when not frozen; and
                                                                                        20     Gre,at Lakes                            2. High tundra: A bare area except for a
                       Columbian                                                                       23             2          scanty growth of lichens and grasses, with
                            17                                                              21  1 22                             underlaying ice wedges forming raised po-
                                                                                                                  3              lygonal areas.
                               @16                                                                                                     E. Coastal cliffs. This ecosystem is an
                             15                                                                                  4 V                   ortant nesting site for many sea and shore
                       Californian                                                                            5       irginian   imp
                                                                                                                                 birds. It consists of communities of herba-
                                                                                                               6                 ceous, graminoid, or low woody plants
                                 14                                                                                              (shrubs, heath, etc.) on the top or along rocky
                                                                                                          7     Carolinian       faces exposed to salt spray. There is a diver-
                                                                                                                                 sity of plant species including mosses, lichens,
                                                                                             it                                  liverworts, and "higher" plant representatives.
                               29                                                   12
                                     27
                                  Insular                                      13                            We
                                                                                    ILouisianian   10  11 9  Indl                Group 11 - Transition Areas
                                      28                                                                                               A. Coastal marshes. These are wetland
                                                       BILLING CODE 3510,09-C                                                    areas dominated by grasses (Poacea), sedges
                                                                                                                                 (Cyperacese), rushes (Juneaceae), cattails
                       This biome is characterized by abundant,                  3. Western        areas: Adenostoma,            (Typhaceae), and other graminoid species and
                       evenly distributed rainfall, moderate tempera-      arcotyphylos, and eucalyptus are the domi-            is subject to periodic flooding by either salt
                       tures which exhibit a distinct seasonal pattern,    nant floral species.                              .   or freshwater. This ecosystem may be subdi-
                       well-developed soil biota and herb and shrub        C. Coastal grasslands. This area, which pos-          vided into: (a) Tidal, which is periodically
                       layers, and numerous plants which produce           sesses sand dunes and coastal flats, has low          flooded by either salt or brackish water; (b)
                       pulpy fruits and nuts. A distinct subdivision       rainfall (10 to 30 inches per year) and large         nontidal (freshwater); or (c) tidal freshwater.
                       of this biome is the pine edible forest of the      amounts of humus in the soil. Ecological suc-         These are essential habitats for many impor-
                       southeastern coastal plain, in which only a         cession is slow, resulting in the presence of a       tant estuarine species of fish and invertebrates
                       small portion of the area is occupied by cli-       number of seral stages of community devel-            as well as shorebirds and waterfowl and serve
                       max vegetation, although it has large areas         opment. Dominant vegetation includes mid-             important roles in shore stabilization, flood
                       covered by edaphic climax pines.                    grasses (5 to 8 feet tall), such as Spardna, and      control, water purification, and nutrient trans-
                           4. Broad-leaved evergreen subtropical           trees such as willow (Salix sp.), cherry              port and storage.
                       forest biome: The main characteristic of this       (Primus sp.), and cottonwood (Pupulus                       B. Coastal swamps. These are wet low-
                       biome is high moisture with less pronounced         deltoides.) This area is divided into four re-        land areas that support mosses and shrubs to-
                       differences between winter and summer.              gions with the following typical strand veg-          gether with large trees such as cypress or gum.
                       Examples are the hammocks of Florida and            etation:                                                    C. Coastal mangroves. This ecosystem
                       the live oak forests of the Gulf and South At-            1. Arctic/Boreal: Elymus;                       experiences regular flooding on either a daily,
                       lantic coasts. Floral dominants include pines,            2. NortheastfWest; Ammophla;                    monthly, or seasonal basis, has low wave ac-
                       magnolias, bays, hollies, wild tamarine, stran-           3. Southeast Gulf-, Uniola; and                 tion, and is dominated by a variety of salt-
                       gler fig, gumbo limbo, and palms.                         4. Mid-Atlantic/Gulf; Spartina patens.          tolerant trees, such as the red mangrove
                           B. Coast shrublands. This is a transi-          D. Coastal tundra. This ecosystem, which is           (Rhizophora mangle), black mangrove
                       tional area between the coastal grasslands and      found along the Arctic and Boreal coasts of           (Avicennia Nitida), and the white mangrove
                       woodlands and is characterized by woody spe-        North Arnercia, is characterized by low tem-          (Laguncularia racemosa.) It is also an impor-
                       cies with multiple stems and a few centime-         peratures, a shore growing season, and some           tant habitat for large populations of fish, in-
                       ters to several meters above the ground de-         permafrost,                                           vertebrates, and birds. This type of ecosys-
                       veloping under the influence of salt spray and      producing a low, treeless mat community               tem can be found from central Florida to ex-
                       occasional sand burial. This includes thick-        made up of mosses, lichens, heath, shrubs,            treme south Texas to the islands of the West-
                       ets, scrub, scrub savanna, heathlands, and          grasses, sedges, rushes, and herbaceous and           ern Pacific.
                       coastal chaparral. There is a great variety of      dwarf woody plants. Common species include                  D. Intertidal beaches. This ecosystem
                       shrubland vegetation exhibiting regional            Arctic/alpine plants such as Empeturm nigrurn         has a distinct biota of microscopic animals,
                       specificity:                                        and Betula nana, the lichens Cetraria and             bacteria, and unicellular algae along with
                           1. Northern areas: Characterized by             Cladonia, and herbaceous plants such as Po-           macroscopic crustaceans, mollusks, and
                       Hudsonia, various erinaceous species, and           tentilla tridentata and Rubus chamaiemorus.           worms with a detritus-based nutrient cycle.
                         7'@2 5       @ 24




















                       thickets of Myricu, prunus, and Rosa.               Common species on the coastal beach ridges            This area also includes the driftline commu-
                           2. Southeast areas: Floral dominants in-        of the high arctic desert include Bryas               nities found at high tide levels on the beach.
                       clude Myrica, Baccharis, and Iles.                                                                        T he dominant organisms in this ecosystem


                                                                                                 25 1





                                                                                                                                                APPENDIX G
                                                                                    Federol Register, Vol, 58, No. 734, 7115193



             include crustaceans such as the mole crab             Group III - Submerged Bottoms                               2, Sheltered coast: Sand or coral barri-
             (Emerita), amphipods (Gammeridae), ghost                   A. Subtidal hardbottoms. This system is          ers, built up by natural forces, provide shel-
             crabs ( Ocypode), and bivalve mollusks such           characterized by a consolidated layer of solid        tered areas inside a bar or reef where the eco-
             as the coquina (Donax) and surf clams                 rock or large pieces of rock (neither of biotic       system takes on many characteristics of con-
             (Spisula and Mactra.)                                 origin) and is found in association with              fined waters-abundant marine grasses, shell-
                   E. Intertidal mud and sandflats. These          geomophological features such as submarine            fish, and juvenile fish. Water movement is
             areas are composed of unconsolidated, high            canyons and fjords and is usually covered with        reduced, with the consequent effects pollu-
             organic content sediments that function as a          assemblages of sponges, s6a fans, bivalves,           tion being more severe in this area than in
             short-term storage area for nutrients and or-         hard corals, tunicates, and other attached or-        exposed coastal areas.
             ganic carbons. Macrophytes are nearly absent          ganisms. A significant feature of estuaries in              3. Bay: Bays are larger confined bodies
             in this ecosystem, although it may be heavily         many parts of the world is the oyster reef, a         of water that are open to the sea and receive
             colonized        by      benthic        diatoms,      type of subtidal hardbottom. Composed of              strong tidal flow. When stratification is pro-
             dinoflaggellates, filamintous blue-green and          assemblages of organisms (usually bivalves),          nounced the flushing action is augmented by
             green algae, an  'd chaemosynthetic purple sul-       it is usually found near an estuary's mouth in        rive discharge. Bays vary in size and in type
             fur bacteria. This system may support a con-          a zone of moderate wave action, salt content,         of shorefront.
             siderable population of gastropods, bivalves,         and turbidity. If light levels are sufficient, a            4. Embayment:: A confined coastal wa-
             and polychaetes, and may serve as a feeding           covering of microscopic and attached macro-           ter body with narrow, restricted inlets and with
             area for a variety of fish and wading birds. In       scopic algae, such as keep, may also be found.        a significant freshwater inflow can be classi-
             sand, the dominant fauna include the wedge                 B. Subtidal softbottoms. Major charac-           fied as an embayment. These areas have more
             shell Donax, the scallop Pecten, tellin shells        teristics of this ecosystem are an unconsoli-         restricted inlets than bays, are usually smaller
             Tellina, the heart urchin Echinocardium, the          dated layer of fine particles of silt, sand, clay,    and shallower, have low tidal action, and are
             lug worm Arenicola, sand dollar Dendrastter,          and gravel, high hydrogen sulfide levels, and         subject to sedimentation.
             and the sea pansy Renilla. In mud, faunal             anaerobic conditions often existing below the               5. Tidal river: The lower reach of a
             dominants adapted to low oxygen levels in-            surface. Macrophytes are either sparse or ab-         coastal river is referred to as a tidal river. The
             clude the terebellid Amphitrite, the boring           sent, although a layer of benthic microalgae          coastal water segment extends from the sea
             clam Playdon, the deep sea scallop                    may be present if light levels are sufficient.        or estuary into which the river discharges to a
             Placopecten, the Quahog Mercenaria, the               The faunal community is dominated by a di-            point as far upstream as there is significant
             echiurid worm Urechis, the mud snail                  verse population of deposit feeders including         salt content in the water, forming a salt front.
             Nassarius, and the sea cucumber Thyone.               polychaetes, bivalves, and burrowing crusta-          A combination of tidal action and freshwater
                   E Intertidal algal beds. These are hard         ceans.                                                outflow makes tidal rivers well-flushed. The
             substrates along the marine edge that are                  C. Subtidal plants. This system is found         tidal river basin may be a simple channel or a
             dominated by macroscopic algae, usually thal-         in relatively shallow water (less than 8 to 10        complex of tributaries, small associated
             loid, but also filamentous or unicellular in          meters) below mean low tide. It is an area of         embayments, rnarshfronts, tidal flats, and a
             growth form. This also includes the rocky             extremely high primary production that pro-           variety of others.
             coast tidepools that fall within the intertidal       vides food and refuge for a diversity of fau-               6. Lagoon: Lagoons are confined coastal
             zone. Dominant fauna of these areas are bar-          nal groups, especially juvenile and adult fish,       bodies of water with restricted inlets to the
             nacles, mussels, periwinkles, anemones, and           and in some regions, manatees and sea turtles.        sea and without significant freshwater inflow.
             chitons. Three regions are apparent:                  Along the North Atlantic and Pacific coasts,          Water circulation is limited, resulting in a
                   1. Northern latitude rocky shores: It is        the seagrass Zostera marina predominates. In          poorly flushed, relatively stagnant body of
             in this region that the community structure is        the South Atlantic and Gulf coast areas,              water. Sedimentation is rapid with a great
             best developed. The dominant algal species            Thalassia and Diplanthera predominate. The            potential for basin shoeling. Shores are often
             include Chondrus at the low tide level, Fucus         grasses both areas support a number of epi-           gently sloping and marshy.
             and Ascophylium, at the mid-tidal level, and          phytic organisms.                                           7. Perched coastal wetlands: Unique to
             Laminaria and other Kelplike algae just be-                                                                 Pacific islands, this wetland type found above
             yond the intertidal, although they can be ex-         Class H - Physical Characteristics                    sea level in volcanic crater remnants forms as
             posed at extremely low tides or found in very                                                               a result of poor drainage characteristics of the
             deep tidepools.                                       Group I - Geologic                                    crater rather than from sedimentation. Floral
                   2. Southern latitudes: The communities                A. Basin type.   Coastal water basins oc-       assemblages exhibit distinct zonation while
             in this region are reduced in comparison to           cur in a variety of shapes, sizes, depths, and        the faunal constituents may include freshwa-
             those of the northern latitudes and possesses         appearances. The eight basic types discussed          ter, brackish, and/or marine species. Example:
             algae consisting mostly of single-celled or           below will cover most of the cases:                   Aunu's Island, American Samoa.
             filamentour green, blue-green, and red algae,               1. Exposed coast: Solid rock formations               8. Anchialine systems: These small
             and small thalloid brown algae.                       or heavy sand deposits characterize exposed           coastal exposures of brackish water form in
                   3. Tropical and subtropical latitudes: The      ocean shore fronts, which are subject to the          lava depressions or elevated fossil reefs have
             intertidal in this region is very reduced and         full force of ocean storms. The sand beaches          only a subsurface connection in the ocean, but
             contains numerous calcareous algae such as            are very resilient, although the dunes lying          show tidal fluctuations. Differing from true
             Porolithon and Lithothamnion, as well as              just behind the beaches are fragile and easily        estuaries in having no surface continuity with
             green algae with calcareous particles such as         damaged. The dunes serve as a sad storage             streams or ocean, this system is characterized
             Halimeda, and numerous other green, red, and          area making them chief stabilizers of the             by a distinct biotic community dominated by
             brown algae.                                          ocean shorefront.                                     benthis algae such as Rhizoclonium, the min-
                                                                                                                         eral encrusting Schiuzothrix, and the vascu-
                                                                                         252





                       APPENDIX G
                       NERR Regulations




                       lar plant Ruppia maritima. Characteristic             finuity with streams. These formations are            result of erosion and transport from the upper
                       fauna which exhibit a high degree of ende-            unique to island areas of volcanic orgin.             stream reaches and organic decomposition.
                       micity, include the mollusks Theosoxus                      C. Inlet type. Inlets in various forms are      Just inside the estuary entrance, the bottom
                       neglectus and Tcariosus. Although found               an integral part of the estuarine environment         contains considerable quantities of sand and
                       throughout the world, the high islands of the         as they regulate to a certain extent,. the ve-        mud, which support a rich fauna. Mud flats,
                       Pacific are the only areas within the U.S.            locity and magnitude of tidal exchange, the           commonly built up in estuarine basins, are
                       where this system can be found.                       degree of mixing, and volume of discharge to          composed of loose, coarse, and fine mud and
                             B. Basin structure. Estuary basins may          the sea.                                              sand, often dividing the original channel.
                       result from the drowning of a river valley                  1. Unrestricted: An estuary with a wide               3. Rock: Rocks usually occur in areas
                       (coastal plains estuary), the drowning of a           unrestricted inlet typically has slow currents,       where the stream runs rapidly over a steep
                       glacial valley (fjord), the occurrence of an          no significant turbulence, and receives the full      gradient with its coarse materials being de-
                       offshore barrier (bar-bounded estuary), some          effect of ocean waves and local disturbances          rived from the higher elevations where the
                       tectonic process (tectonic estuary), or volca-        which serve to modify the shoreline. These            stream slope is greater. The larger fragments
                       nic activity (volcanic estuary).                      estuaries are partially mixed, as the open            are usually found in shallow areas near the
                             1. Coastal plains estuary: Where a              mouth permits the incursion of marine wa-             stream mouth.
                       drowned valley consists mainly of a single            ters to considerable distances upstream, de-                4. Oyster shell: Throughout a major por-
                       channel, the form of the basin is fairly regu-        pending on the tidal amplitude and stream             tion of the world, the oyster reef is one of the
                       lar forming a simple coastal plains estuary.          gradient.                                             most significant features of estuaries, usually
                       When a channel is flooded with numerous                     2. Restricted: Restrictions of estuaries        being found near the mouth of the estuary in
                       tributaries an irregular estuary results. Many        can exist in many forms: Bars, barrier islands,       a zone of moderate wave action, salt content,
                       estuaries of the eastern United States are of         spits, sills, and more. Restricted inlets result      and turbidity. It is often a major factor in modi-
                       this type.                                            in decreased circulation, more pronounced             fying estuarine current systems and sedimen-
                             2. Fjord: Estuaries that form in elongated      longitudinal and vertical salinity gradients,         tation, and may occur as an elongated island
                       steep headlands that alternate with deep U-           and more rapid sedimentation. However, if the         or peninsula oriented across the main current,
                       shaped valleys resulting from glacial scour-          estuary mouth is restricted by depositional           or may develop parallel to the direction of the
                       ing are called fjords. They generally possess         features of land closures, the incoming tide          current.
                       rocky floors or very thin veneers of sediment,        may be held back until it suddenly breaks forth
                       with deposition generally being restricted to         into the basin as a tidal wave, or bore. Such         Group H - Hydrographic
                       the head where the main river enters. Com-            currents exert profound effects on the nature               A. Circulation. Circulation patterns are
                       pared total fjord volume river discharge is           of the subtrate, turbidity, and biota of the es-      the result of combined influences of freshwa-
                       small. But many fjords have restricted tidal          tuary.                                                ter inflow, tidal action, wind and oceanic
                       ranges at their mouths due to sills, or                     3. Permanent: Permanent inlets are usu-         forces, and serve many functions: Nutrient
                       upreaching sections of the bottom which limit         ally opposite the mouths of major rivers and          transport, plankton dispersal, ecosystem flush-
                       free movement of water, often making river            permit river water to flow into the sea.              ing, salinity control, water mixing, and more.
                       flow large with respect to the tidal prism. The             4. Temporary (Intermittent): Temporary                1. Stratified: This is typical of estuaries
                       deepest portions are in the upstream reaches,         inlets are formed by storms and frequently            with a strong freshwater influx and is com-
                       where maximum depths can range from 800m              shift position, depending on tidal flow, the          monly found in bays formed from "drowned"
                       to 1200m while all depths usually range from          depth of the sea, and sound waters, the fre-          river valleys, fjords, and other deep basins.
                       40m to 150m.                                          quency of storms, and the amount of littoral          There is a net movement of freshwater out-
                             3. Bar-bounded estuary: These result            transport.                                            ward at the top layer and saltwater at the bot-
                       from the development of an offshore barrier                 D. Bottom composition. The bottom               tom layer, resulting in a net outward trans-
                       such as a beach strand, a line of barrier is-         composition of estuaries attests to the vigor-        port of surface organisms and net inward
                       lands, reef formations a line of moraine de-          ous, rapid, and complex sedimentation pro-            transport of bottom organisms.
                       bris, or the subsiding remnants of a deltaic          cesses characteristic of most coastal regions               2. Non-stratified: Estuaries of this type
                       lobe. The basin is often partially exposed a          with low relief. Sediments are derived through        are found where water movement is sluggish
                       low tide and is enclosed by a chain of off-           the hydrologic processes of erosion, transport,       and flushing rate is low, although there may
                       shore bars or barrier islands broken at inter-        and deposition carried on by the sea and the          be sufficient circulation to provide the basis
                       vals inlets. These bars may be either depos-          stream.                                               for a high carrying capacity. This is common
                       ited offshore or may be coastal dunes that have             1. Sand: Near estuary mouths, where the         to shallow embayments and bays lacking a
                       become isolated by recent sea level rises.            predominating forces of the sea build spits or        good supply of freshwater from land drain-
                             4. Tectonic estuary: These are coastal          other depositional features, the shore and sub-       age.
                       indentures that have formed through tectonic          strates of the estuary are sandy. The bottom                3. Lagoonal: An estuary of this type is
                       processes such as slippage along a fault line         sediments in this area are usually coarse, with       characterized by low rates of water movement
                       (San Francisco Bay), folding or movement of           a graduation toward finer particles in the head       resulting from a lack of strong tidal exchange
                       the earth's bedrock often with a large inflow         region and other zones of reduced flow, fine          because of the typically narrow inlet connect-
                       of freshwater.                                        silty sands are deposited. Sand deposition oc-        ing the lagoon to the sea. Circulation whose
                             5. Volcanic estuary: These coastal bod-         curs only in wider or deeper regions where            major driving force is wind, is the major lim-
                       ies of open water, a result of volcanic pro-          velocity is reduced.                                  iting factor in biological productivity within
                       cesses are depressions or craters that have di-             2. Mud. At the base level of a stream near      lagoons.
                       rect and/or subsurface connections with the           its mouth, the bottom is typically composed                 B. Tides. This is the most important eco-
                       ocean and may or may not have surface con-            of loose muds, silts, and organic detritus as a       logical factor in an estuary as it affects water
                                                                                                   253





                                                                                                                                                          APPENDIX G
                                                                                          Federal Register, Vol. 58, No. 734, 7115193




             exchange and its vertical range determines the            distribution and maintenance of many estua-
             extent of tidal flats which may be exposed and            rine organisms. Based on salinity, there are
             submerged with each tidal cycle. Tidal action             two basic estuarine types and eight different
             against the volume of river water discharged              salinity zones (expressed parts per thousand-
             into an estuary results in a complex system               ppt.)
             whose properties vary according to estuary                      1. Positive estuary: This is an estuary in
             structure as well as the magnitude of river flow          which the freshwater influx is sufficient to
             and tidal range. Tides are usually described              maintain mixing, resulting in a pattern of in-
             in terms of the cycle and their relative heights.         creasing salinity toward the estuary mouth.
             In the United States, tide height is reckoned             It is characterized by low oxygen concentra-
             on the basis of average low tide, which is re-            tion in the deeper waters and considerable
             ferred to as datum. The tides, although com-              organic content in bottom sediments.
             plex, fall into three main categories:                          2. Negative estuary: This is found in par-
                   1. Diurnal: This refers to a daily change           ticularly and regions, where estuary evapo-
             in water level that can be observed along the             ration may exceed freshwater inflow, result-
             shoreline. There is one high tide and one low             ing in increased salinity in the upper part of
             tide per day.                                             the basin, especially if the estuary mouth is
                   2. Semidiurnal: This refers to a twice              restricted so that tidal flow is inhibited. These
             daily rise and fall in water that can be observed         are typically very salty (hyperhaline), mod-
             along the shoreline.                                      erately oxygenated at depth, and possess bot-
                   3. Wind/Storm tides: This refers to fluc-           tom sediments. that are poor in organic con-
             tuations in water elevation to wind and storm             tent.
             events, where influence of lunar tides is less.                 3. Salinity zone (expressed ppt):
                   C. Freshwater. According to nearly all                    a. Hyperhaline - greater than 40 ppt.
             the definitions advanced, it is inherent that all               b. Euhaline - 40 ppt to 30 ppt.
             estuaries need freshwater, which is drained                     c. Mixhaline - 30 ppt to 0.5 ppt.
             from the land and measurably dilutes seawa-                     (1) Mixoeuhaline - greater than 30 ppt
             ter to create a brackish condition. Freshwater            but less than the adjacent euhaline sea.
             enters an estuary as runoff from the land ei-                   (2) Polyhaline - 30 ppt to 18 ppt.
             ther from a surface and/or subsurface source.                   (3) Mesohaline -18 ppt to 5 ppt.
                   1. Surface water: This is water flowing                   (4) Oligohaline - 5 ppt to 0.5 ppt.
             over the ground in the form of streams. Local                   d. Limnetic: Less than 0.5 ppt.
             variation in runoff is dependent upon the na-                   B. pH Regime: This is indicative of the
             ture of the soil (porosity and solubility), de-           mineral richness of estuarine waters and falls
             gree of surface slope, vegetational type and              into three, main categories:
             development, local climatic conditions, and                     1. Acid. Waters with a pH of less than
             volume and intensity of precipitation.                    5.5.
                   2. Subsurface water: This refers to the                   2. Circurnneutral. A condition where the
             precipitation that has been absorbed by the               pH ranges from 5.5 to 7.4.
             soil and stored below the surface. The distri-                  3. Alkaline: Waters with a pl4 greater
             bution of subsurface water depends on local               than 7.4
             climate, topography , and the porosity and
             permeability of the under lying soils and                 [FR Doc, 93-14753 Filed 7-14-93; 8:45 am]
             rocks. There are two main subtypes of sur-
             face water:                                               Billing Code 3510-06-M
                   a. Vadose water: This is water in the soil
             above the water table. Its volume with respect
             to the soil is subject to considerable fluctua-
             tion.
                   b. Groundwater: This is water contained
             in the rocks-below the water table, is usually
             of more uniform volume than vadose water,
             and generally follows the topographic relief
             of the land being high hills and sloping into
             valleys.

             Group III - Chemical
                   A. Salinity. This reflects a complex mix-
             ture of salts, the most abundant being sodium
             chloride, and is a very critical factor in the


                                                                                              254





                APPENDIX H
                Program Contacts



                Alabama                                  Manager                                  Georgia
                Gene Anderson, Director                  Tijuana River NERR                       Duane Harris, Director
                Dept. of Econ. and Community             301 Caspian Way                          DNR, Coastal Resources Division
                Affairs                                  Imperial Beach, CA   92032               1200 Glynn Ave, 1 Conservation
                401 Adams Ave., Box 5690                 (619) 575-3613                           Way
                Montgomery, AL 36203-5690                                                         Brunswick, GA 31523
                (205) 242-8672                           Mike Vasey, Coordinator                  (912) 264-7218
                                                         San Francisco Proposed NERR
                Thomas McAlpin, Manager                  San Francisco State Univ., Dept. of      Fred Marland, Manager
                Weeks Bay NERR                           Biology                                  Sapelo Island NERR
                10936-B, U.S. Highway 98                 San Francisco, CA 94132                  PO. Box 19
                Fairhope, AL 36532                       (415) 338-1957                           Sapelo Island, GA 31327
                (205) 928-9792                                                                    (912) 485-2251
                                                         Connecticut
                Alaska                                   Art Rocque, Assistant Commis-            Guam
                Gretchen Keiser, Coordinator             sioner                                   Mike Ham, Manager
                Coastal Programs /Division of            DEP, Long Island Sound Programs          Coastal Programs, Planning Bureau
                Governmental Coordination /OMB           79 Elm St., P.O. Box 5066                P.O. Box 2950
                431 N. Franklin, Box 110030              Hartford, CT 06102-5066                  Agana, Guam 96910
                Juneau, AK 99811                         (203) 566-7404                           (671) 472-4201
                (907) 465-3562
                                                         Delaware                                 Hawaii
                American Samoa                           Sarah Cooksey, Program Manager           Douglas Tom, Manager
                Lelei Peau, Coastal Program              Dept. of Natural Resources and           CZM Program, Office of State
                Manager                                  Environmental Conservation               Planning
                Development Planning Office              89 Kings Highway                         P. 0. Box 3540
                Gov't. of American Samoa                 Dover, DE 19903                          Honolulu, HI 96811
                Pago Pago, AS 96799                      (302) 739-3451                           (808) 587-2875
                (684) 733-5155
                                                         Lee Emmons, Manager                      Peter Schuyler, Coordinator
                California                               Delaware NERR                            Waimanu Valley NERR
                Gabriella Goldfarb,                      89 Kings Hwy., Box 1401                  1151 Punchbowl Street
                Federal Programs Manager                 Dover, DE 19903                          Honolulu, HI 96813
                California Coastal Commission            (302) 739-4403                           (808) 587-0054
                45 Fremont Street
                San Francisco, CA 94105-2219             Florida                                  Indiana
                (415) 904-5200                           Ralph Cantral, Administrator             James Hebenstreit, Assistant
                                                         Coastal Programs, Dept. of Com-          Director
                William Travis, Deputy Director          munity Affairs                           DNR, Division of Water
                San Francisco Bay Conservation           2740 Centerview Drive                    402 W. Washington, Rm. 264 W
                and Development Commission               Tallahassee, FL 32399                    Indianapolis, IN 46204
                30 Van Ness Ave, Suite 2011              (904) 922-5438                           (317) 232-4164
                San Francisco, CA 94102
                (415) 557-3686                           Woodward Miley, Manager                  Louisiana
                                                         261 7th Street                           Terry Howey, Director
                Steven Kimple, Manager                   Apalachicola, FL 32320                   Coastal Management Division/
                Elkhorn Slough NERR                      (904) 653-8063                           DNR
                1700 Elkhorn Road                                                                 P.O. Box 44487
                Watsonville, CA 95076                    Gary Lytton, Manager                     Baton Rouge, LA 70804
                (408) 728-2822                           Rookery Bay NERR                         (504) 342-7591
                                                         10 Shell Road
                                                         Naples, FL 33942
                                                         (813) 775-8845


                                                                         255





                                                                                                                     APPENDIX H
                                                                                                          Program Contacts



           Maine                                      Minnesota                                  Elizabeth Blair, Manager
           Dave Keeley, Manager                       Daniel Retka, Hydrologist                  Hudson River NERR
           Coastal Programs, State Planning           Division of Waters, DNR                    Bard College Field Station
           Office                                     1201 E. Highway 2                          Annandale-on-Hudson, NY 12504
           State House Station #38                    Grand Rapids, MN 55744                     (914) 758-5193
           Augusta, ME 04333                          (218) 327-4416
           (207) 287-3261                                                                        Daniel Palm, Project Manager
                                                      Mississippi                                St. Lawrence River Basin Proposed NERR
           Jim List, Manager                          Jerry Mitchell, Acting Chief               317 Washington Street
           Wells NERR                                 Dept. of Wildlife Conservation,            Watertown, NY 13601
           RR #2, Box 806                             Coastal Mgt. Division                      (315) 782-2460
           Wells, ME 04090                            2620 West Beach Blvd.
           (207) 646-1555                             Biloxi, MS 39531                           North Carolina
                                                      (601) 385-5860                             Roger Schecter, Director
           Maryland                                                                              Div. of Coastal Management
           Robert Beckett, Director                   New Hampshire                              P.O. Box 27687
           DNR, Coastal & Watershed Re-               David Hartman, Manager                     Raleigh, NC 27611
           sources Division                           Coastal Programs/Office of State           (919) 733-2293
           500 Taylor Ave., Tawes Bldg.               Planning
           Annapolis, MD 21401                        2-1/2 Beacon Street                        John Taggart, Manager
           (410) 974-2784                             Concord, NH 03301                          North Carolina NERR
                                                      (603) 271-2155                             7205 Wrightsville Avenue
           Mary Ellen Dore, Manager                                                              Wilmington, NC 28403
           Chesapeake Bay-MD NERR                     Peter Wellenberger, Manager                (919) 256-3721
           Thwes State Office Bldg., B-3, 580         Great Bay NERR
           Taylor Ave.                                37 Concord Road                            Northern Mariana Islands
           Annapolis, MD 21401                        Durham, NH 03824                           Joaquin Villagomez, Administrator
           (410) 974-3382                             (603) 868-1095                             Coastal Resources Management Office
                                                                                                 Nauru Building
           Massachusetts                              New Jersey                                 Saipan, CNMI 96950
           Peg Brady, Director                        Steve Whitney, Assistant Director          (670) 234-6623
           Coastal Mgt Program/ Env Affairs           DEPE, Land and Water Plannig
           100 Cambridge Street                       401 E. State St., 4th Floor                Ohio
           Boston, MA 02202                           Trenton, NJ 08625-0423                     Mike Colvin,
           (617) 727-9530                             (609) 292-1875                             Coastal Mgt. Administrator
                                                                                                 Real Estate & Land Mgmt.
           Christine Gault, Manager                   Michael DeLuca, Project Manager            1952 Belcher Dr., Bldg. C-4
           Waquoit Bay NERR                           Mullica River Proposed NERR                Columbus, OH 43224
           P.O. Box 92W                               Rutgers University, P.O. Box 231           (614) 265-6413
           Waquoit, MA 02536                          New Brunswick, NJ 08093
           (508) 457-0495                             (908) 932-6555                             Eugene Wright, Manager
                                                                                                 Old Woman Creek NERR
           Michigan                                   New York                                   2514 Cleveland Road, East
           Christopher Shafer, Chief                  George Stafford, Director                  Huron, OH 44839
           Great Lakes Shorelands/DNR                 Coastal Resources /Waterfront              (419) 433-4601
           P.O. Box 30028                             Revit.
           Lansing, MI 48909                          162 Washington Street
           (517) 373-1950                             Albany, NY 12231
                                                      (518) 474-6000







                                                                        256





                APPENDIX H
                Progrom Contocts



                Oregon                                 South Carolina                         Washington
                Eldon Hout                             Wayne Beam, Executive Director         Rodney Mack, Manager
                Dept. of Land Conservation &           South Carolina Coastal Council         Shorelands & CZM Program
                Development                            1201 Main Street                       P.O. Box 47600
                Coastal & Ocean Program Mgmt.          Columbia, SC 29201                     Olympia, WA 98504-6284
                800 N.E. Oregon Street, #18            (803) 744-5838                         (206) 407-7279
                Portland, OR 97232
                (503) 731-4065                         Dennis Allen, Manager                  Terry Stevens, Manager
                                                       North InletlWinyah Bay NERR            Padilla Bay NERR
                Mike Graybill, Manager                 Baruch Marine Field Lab, Box 1630      1043 Bayview-Edison Road
                South Slough NERR                      Georgetown, SC 29440                   Mt. Vernon, WA 98273
                P.O. Box 5417                          (803) 546-3623                         206-428-1558
                Charleston, OR 97420
                (503) 888-5558                         Michael McKenzie, Manager              Wisconsin
                                                       ACE Basin NERR                         Gary Gylund, Sr. Planning Analyst
                Pennsylvania                           P.O. Box 12559                         Coastal Management Program
                James Tabor, Chief                     Charleston, SC 29412                   101 E. Wilson St., Box 7868
                CZM/Water Resources Mgmt.              (803) 762-5062                         Madison, WI 53707
                P.O. Box 8555                                                                 (608) 267-7982
                Harrisburg, PA 17105                   Texas
                (717) 787-2529                         Lore Hantske, Assistant Director
                                                       Coastal Division, General Land
                Puerto Rico                            Office
                Jos6 Gonzales-Liboy, Director          1700 N. Congress St., Austin Bldg.
                Coastal Management Office              Austin, TX 78701
                P.O. Box 5887                          (512) 463-5193
                Puerta de Tierra, PR 00906
                (809) 724-5516                         Virgin Islands
                                                       Joan Harrigan-Farrelly, Manager
                Anaisa Delgado, Manager                Dept. of Planning & Natural
                Jobos Bay NERR                         Resources
                P.O. Box 1170                          Nisky Center, Suite 231
                Guayama, PR 00655                      St. Thomas, VI 00802
                (809) 864-0105                         (809) 774-3320

                Rhode Island                           Virginia
                Grover Fugate, Executive Director      Anne DeWitt Brooks, Director
                Coastal Resources Mgmt. Council        Coastal Programs, Dept. of Env.
                Stedman Building, Tower Hill Rd.       Quality
                Wakefield, RI 02879                    629 E. Main St., 6th Floor
                (401) 277-2476                         Richmond, VA 23219
                                                       (804) 762-4317
                Al Beck, Manager
                Narragansett Bay NERR                  Maurice Lynch, Project Manager
                Prudence Conservancy, P 0. Box         Chesapeake Bay NERR
                156                                    Virginia Institute of Marine Sciences
                Prudence Island, RI 02872              Gloucester Point, VA 23062
                (401) 683-6780                         (804) 642-7000









                                                                       257





                                                                                                                                           APPENDIX I
                                                                                                                        Photogrophy Credits



             P. I              Alaskan moose: courtesy of the Alaska Coastal Management Program, Division of Governmental Coordina-
                               tion
             p. 2              Alabama dunefield: courtesy of Nathalie Peter, NOAA/OCRM
             p. 4              Beach erosion: courtesy of Nathalie Peter, NOAA/OCRM
             p. 5              Boardwalkfacing erosion: courtesy of Nathalie Peter, NOAA/OCRM
             p. 6              By the river: courtesy of the Delaware Coastal Management Program, Department of Natural Resources and
                               Environmental Control
             p. 7-11           All courtesy of the Pennsylvania Coastal Zone Management Program, Department of Environmental Re-
                               sources
             p. 19-20          Public access: courtesy of the Wisconsin Coastal Management Program, Department of Administration
             p.23              Sandbagging: courtesy of the North Carolina Coastal Management Program
             p. 24             Coastal hazards: courtesy of Vickie Allin, NOAA/OCRM
             p.25              Sailing in Alaska: courtesy of the Alaska Coastal Management Program, Division of Governmental Coordina-
                               tion
             p.26              Mother and child clamming: courtesy of the Delaware Coastal Management Program, Department of Natural
                               Resources and Environmental Control
                               Public shoreline: courtesy of the Washington Coastal Zone Management Program, Department of Ecology
             p. 27             All courtesy of the North Carolina Coastal Management Program
             p.28              Excellence awards: courtesy of NOAA photography
             p.30              Albemarle Sound: courtesy of the North Carolina Coastal Management Program
             p. 31             Elephant Seal: courtesy of South Slough NERR
             p.32              Wells mansion: courtesy of Wells NERR
             p.33              Kayaking at the North Carolina NERR: courtesy of the North Carolina Coastal Management Program
             p.34              Sunset: Apalachicola NERR
             p. 36-37          All courtesy of the Massachusetts Coastal Management Program, Executive Office of Environmental Affairs
             p.38              Education at the N.C. NERR: courtesy of the North Carolina Coastal Management Program
             p. 39             Touching starfish: courtesy of the New Hampshire Coastal Program Office
             ;'p. 40           Ecotourism: courtesy of the Florida Coastal Management Program, Department of Community Affairs
                               Education: Washington Coastal Zone Management Program, Department of Ecology
             p. 41             Shoreline erosion: courtesy of Nathalie Peter, NOAAJOCRM
             p. 42             Beachfront development: courtesy of Leigh Handel, South Carolina Sea Grant
             p. 44-47          All courtesy of Nathalie Peter, NOAA/OCRM
             p. 50-51          All courtesy of the Alaska Coastal Management Program, Division of Governmental Coordination
             p. 54             Beach: courtesy of American Samoa Coastal Management Program
             p.58              Channel Islands: courtesy of Sandy Hammack, NOAA/OCRM
             p.59              San Francisco NERR: courtesy of Cheryl Graham, NOAA/OCRM
             p. 61             Tijuana River wetlands: Courtesy of Tijuana River NERR
             p. 62-63          All courtesy of Elkhorn Slough NERR
             p. 65-67          All courtesy of Tijuana River NERR
             p. 70-72          All courtesy of Connecticut Coastal Management Program, Department of Environmental Protection, Office
                               of Long Island Sound Programs
             p. 74-76          All courtesy of Mike Mahaffie, Delaware Coastal Management Program
             p. 80-81          All courtesy of Florida Coastal Management Program, Department of Community Affairs
             p. 83-84          All courtesy of Apalachicola NERR
             p. 85-86          All courtesy of Rookery Bay NERR
             p. 88-91          All courtesy of Sapelo Island NERR
             p. 94             Coastal city: courtesy of Charles Knutson, Guam Coastal Management Program
             P. 98-100         All courtesy of Waimanu Valley NERR
             p.  104-106       All courtesy of the Louisiana Coastal Resources Program, Department of Natural Resources
             p. 108-111        All courtesy of the Maine Coastal Zone Management Program
             p. 112-115        All courtesy of Wells NERR
             p.  118-121       All courtesy of Maryland Department of Natural Resources
             p.  124-127       All courtesy of the Massachusetts Coastal Management Program, Executive Office of Environmental Affairs
             p. 128-129        All courtesy of Waquoit Bay NERR


                                                                                   2 5 8





                   APPENDIX /
                   Photography Credits




                   p. 132- 135      All courtesy of Neil Christerson, NOAA/OCRM
                   p. 138-140       All courtesy of the Mississippi Coastal Program, Bureau of Marine Resources
                   p. 142           Coastal cleanup: courtesy of the New Hampshire Coastal Program Office
                   p. 144-145       All courtesy of Peter Wellenberger, Great Bay NERR
                   p. 148           Canoeing: courtesy of Hudson River NERR
                   p. 152-158       All courtesy of Hudson River NERR
                   p. 160           Masonboro Egret: courtesy of the North Carolina Coastal Management Program, Department of Environ-
                                    ment, Health, and Natural Resources
                   p. 162-163       All courtesy of North Carolina NERR
                   p. 166-167       All courtesy of Helen Farr, NOAA/OCRM
                   p. 170-171       All courtesy of Old Woman Creek NERR
                   p. 174-179       All courtesy of South Slough NERR
                   p. 182-183       All courtesy of Neil Christerson, NOAA/OCRM
                   p. 186           Aerial photo: courtesy of Nathalie Peter, NOAA/OCRM
                   p. 188           All courtesy of Jobos Bay NERR
                   p. 190-192       All courtesy of Rhode Island Coastal Management Program, Coastal Resources Management Council
                   p. 194-195       All courtesy of Narragansett Bay NERR
                   p. 198-199       All courtesy Leigh Handel, South Carolina Sea Grant
                   p. 200           All courtesy of ACE Basin NERR
                   p. 201-202       All courtesy of Cheryl Graham, NOAA/OCRM
                   p. 203-205       All courtesy of North Inlet/Winyah Bay NERR
                   p. 208           Sailboats: courtesy of Dottie Banks, NOAA/Office of Ocean Resources Conservation and Assessment
                   p. 209           West End, St. Croix: courtesy of David J. Brower, Department of City and Regional Planning, University of
                                    North Carolina at Chapel Hill
                                    Sailing in cove: courtesy of Dottie Banks, NOAA/Office of Ocean Resources Conservation and Assessment
                   p. 212-213       All courtesy of Virginia Coastal Resources Management Program, Department of Environmental Quality
                   p. 214-216       All courtesy of Chesapeake Bay-Virginia NERR
                   p. 218-219       All courtesy of Washington Coastal Zone Management Program, Department of Ecology
                   p. 221           Viewfrom hillside: courtesy of Padilla Bay NERR
                   p. 224-227       All courtesy Wisconsin Coastal Management Program, Department of Administration
                   P. Xxxii         Illustration provided by Celia Anderson of Marley Group
                   Cover            M.E. Warren




                                                  Special thanks also to program stafffrom N0AA1OCRM,
                                    state coastal management programs, and national estuarine research reserves
                                        for their assistance in collecting and writing information for this report.
                                       COAST.,&                                   COORDINATOR, WRITER, EDITOR
                                                                                               Elaine Vaudreuil
                                                                             NOAVOCRM/Policy Coordination Division

                        IL
                        M                                                                    LAYOUT, DESIGN
                        IL
                                                                                    Elleen Kane and Elaine Vaudreuil
                        z
                                                                             NOAA/OCRM/Policy Coordination Division


                                                                               CONTRIBUTING WRITER AND EDITOR
                                                                                    Diane K. Garner and Elleen Kane




                                                                                   259




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